Wednesday, January 7, 2009

We The People Sixteen

P.S.-Give me another 30 minutes or so to do 17!! Thanks:)

Question and Answer:

1. What objections and concerns did Anti-Federalists have with regard to Constitution drafted at the Philadelphia Convention?

· The Anti-Federalists feared the Constitution would create a government that could not be controlled. They also had three basic questions about the new government: would the new constitution maintain a republican form of government, would the federal government have to much power, and was a bill of rights needed in the Constitution? Mercy Otis Warren wrote about what she thought were the flaws of the Constitution, which were: it should have bee developed in public meetings, it would undermine a republican form of government, it gave too much power to the national government at the expense of the state governments, it gave too much power to the executive branch, it gave Congress too much power through “the necessary and proper clause”, it did not adequately separate the powers of the executive and legislative branches, it allowed the national government to keep an army during peacetime, ad it did not include a bill of rights.

2. What arguments did the Anti-Federalists make with regard to the need for a bill of rights?

· 5 Reasons: 1. The way the government is set up ones not adequately protect rights because citizens are only given leave to directly elect house Representatives, and thus the federal government is too far removed from the people 2. The federal government’s powers are so vague that they are given almost unlimited power through the “necessary and proper” clause, which could allow the government to infringe on citizens 3. There is nothing in the Constitution to stop government from violating all rights not mentioned in the Constitution, including SPRAP (speech,press,religion,assembly,petition) 4. A bill of rights would create confidence in the American people as far as the security of their rights because these are the same people that have just fought for their fundamental rights against Britain 5. Lastly, the bill of rights reminds us what it is that freedom in our country depends upon.

3. How did the Anti-Federalists use the ideas of classical republicanism to support their position?

· The Anti-federalists used ideas of classical republicanism through arguing for smaller state and local governments. They felt that by having those in their communities represent them, the government would be more relatable to the people. AF’s also argued that small agrarian communities were more likely to have civic virtue, in which individuals set aside personal interests for the common good.

Thursday, December 11, 2008

Lesson Fifteen: What Conflicting Opinions Did the Framers Have about the Completed Constitution?

Terms to Know:
None.
Question and Answer:
1. Why is the Constitution sometimes described as “a bundle of compromises”?
· Compromise means that everyone gets less than they wanted. There were enough compromises that everyone had something they did not like.
2. What was Benjamin Franklin’s opinion of the Constitution crafted by the Framers?
· He thought it was imperfect, but he thought it was a good idea because he doubted there would ever by such a convention as the one that proceeded to create a better Constitution.
3. Why did George Mason refuse to sign the document?
· Please just read 81-82 for full description. Thanks.

15

still doing it but it shouldnt take me too much longer...

Lesson Fourteen: What Powers Were Granted to the Executive and Judicial Branches?

Terms to Know:
Appellate Jurisdiction-the legal authority of a court to hear appeals from a lower court
Balance of Power-the division of governmental powers in such a way that no one individual or group can dominate or control the exercise of power by others
Electoral College-the group of presidential electors that casts the official votes for president after a presidential election; each state has a number equal to the total of its members in the Senate and House
Electors-a group of persons selected by each state party to vote for that party’s candidate for President and Vice President if the party’s candidates win the popular vote in the general election
Executive Power-the powers of the executive branch of the federal government
Executive Departments-cabinet-level agencies in the federal government
Impeach-look at lesson 13 for definition
Judicial Review-the power of he courts to declare laws and actions of the local, state, or national government invalid if the courts decide they are unconstitutional
Legislative power-the power to right and enact laws
Original jurisdiction-the legal authority of a court to be the first to hear a case
Veto-the constitutional power of President to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law; the president’s veto may be overridden by a two-thirds vote of both the Senate and House of Representatives
Question and Answer:
1. What issues did the Framers have to decide regarding the organization of the executive branch of government and how did they resolve these issues?
· The issues that they faced included how much power to give the President, and what would be the proper balance of power? To resolve these issues, they created a single executive, who would be easier to watch. They decided the term would be four years, so that no person would get to comfortable in office. Also, the President had to be re-elected to remain in office.
2. How did the Framers make sure the executive branch would have enough power to fulfill its responsibilities, but not so much power that it could dominate the other branches of government?
· The Framers limited executive power by making this branch share much of its power with the legislative branch. Shared powers include: veto, appointments, treaties, and war. Please see pages 75-76 for a more complete description of shared powers.
3. What is the Electoral College and why did the Framers decide to create it?
· Please refer to “Terms to Know” section for definition. The Framers created it because it was the best solution as far as who would select the President. The Congress selecting the President would be a disaster because of the concept of “balance of power”, but in such a large country who else would know these people well enough to actually make an informed decision. They decided the electoral college as good for reasons listed on page 77.
4. What is the difference between “original jurisdiction” and “appellate jurisdiction”?
· Two types of jurisdiction given to the Supreme Court. “original Jurisdiction” basically says that these are the types of cases that can only be heard by the Supreme Court such as those involving state government, disputes among states, and cases involving ambassadors. “Appellate jurisdiction” means cases that have been heard in lower courts but are being appealed in the Supreme court.
5. Why did the Framers provide that the judges would be appointed by the President, rather than elected by the people? Why did the Framers provide that judges would keep their positions “during good behavior”?
· Appointing them meant removing judges from the pressures of political influences. And, they could keep their positions and could not be removed unless they were impeached and convicted of “treason, bribery, or other high crimes and misdemeanors”.
6. What is meant by the term “judicial review”?
· Please refer to “Terms to Know” section.

Lesson Thirteen: What Powers Were Granted to the Legislative Branch?

Terms to Know:
Apportioned-the allocation of legislative seats
Bills of Attainder-an act of legislature that inflicts punishment on an individual or group without a judicial trial
Enumerated Powers- those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution
Equal Representation-
Ex Post Facto Laws-a criminal law that makes an act a crime that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier; prohibited by Article I of the Constitution
Fugitive slave clause-
The Great Compromise-adopted at the Philadelphia Convention, this plan provided for equal representation of the states in the Senate and House of Representatives according to population
Impeach-charging a public official with a crime in office for which they can be removed from power
Necessary and proper clause-the clause in Article I of the U.S. Constitution that gives Congress the power to make all laws that are “necessary and proper” to carry out the powers expressly delegated to it by the Constitution
Proportional representation-the electoral system in which the number of representatives of a state in the House of Representatives is based on the number of people who live in that state
Separated powers-the division of powers among different branches of government
Supremacy clause-Article VI, Section 2, of the U.S. Constitution, which states that the Constitution, laws passed by Congress, and Treaties of the United States “shall be the supreme law of the land” binding on the states
Treason-“giving aid and comfort” to the enemy during war time
Question and Answer:
1. Why did the Framers appoint a special committee to deal with the issue of representation? How was the committee organized?
· Afraid that the convention would dissolve with nothing accomplished, the delegates appointed a special committee with one member of each state to come up with a compromise.
2. What was the Connecticut Compromise or the Great Compromise? How did it resolve the conflict of representation?
· It was a plan that provided for equal representation in the Senate and proportional representation in the House. This basically meant that each side (small v large) got something and gave something up at the same time. The small states had equal representation in the Senate and could control the acceptance and rejection of taxation bills. Large states would have majority control over tax bills (which is what they really wanted), but they always had a check on them from the Senate.
3. What is meant by “enumerated powers”? Why did the Framers decide to specifically enumerate the powers granted to Congress?
· Enumerated powers are those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution. The Framers felt that by listing the powers, there would be no confusion as to what powers the Congress did or did not have.
4. What is the “necessary and proper clause”?
· Oh please, just look at the definition.
5. What is the “supremacy clause”?
· Please refer to “Terms to Know.”

13,14,15

Sorry everyone, I got home late from school. I need another hour or so to post the entries. Please check back around 7:30. Thanks.

Sunday, December 7, 2008

We The People Lesson Twelve

This one you might as well look at to study because there is nothing that answers to the questions would highlight. Sorr for the late posts!! See you tomorrow.