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.
Thursday, December 11, 2008
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.
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.”
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.
We The People Lesson Eleven
Terms to Know:
Constitutional Convention-The meeting held in Philadelphia from May 25 through September 18, 1787, at which the Constitution of the United States was drafted
Delegate-a person chosen to represent others, as at a convention
The Federalist- A series of essays written in 1787-1788 and collected in a book by Alexander Hamilton, James Madison, and John Jay, urging the adoption of the U.S. Constitution and supporting the need for a strong national government
Ratification-formal approval of U.S. Constitution by the states
Virginia Plan-
Question and Answer-
1. Why did Congress call for a Constitutional Convention? What did Congress authorize the delegates to the Philadelphia Convention to do?
· They called for the convention because the first meeting only found five delegates, and James Madison asked that Congress call a meeting in Philadelphia to strengthen the national government. The Convention was solely authorized to propose amendments to the Articles.
2. How would you describe the delegates to the Philadelphia Convention? What prominent political leaders attended?
· The delegates were fairly young, and many of them were prominent figures in the communities. Prominent political leaders were George Washington, James Madison, George Mason, Alexander Hamilton, John Jay, Benjamin Franklin, James Wilson, Elbridge Gerry, Roger Sherman, and Edmund Randolph.
3. Why did the delegates to the Philadelphia Convention decide to conduct their deliberation in secret?
· There were tow reasons. One, the Framers wanted to develop the best constitution they could and this required a free exchange of ideas, which if their debates had been made public, many of the delegates could not have freely said what they thought. Two, the Framers thought that the Constitution had a better chance of being accepted if people did not know about the arguments that went on during its creation.
Constitutional Convention-The meeting held in Philadelphia from May 25 through September 18, 1787, at which the Constitution of the United States was drafted
Delegate-a person chosen to represent others, as at a convention
The Federalist- A series of essays written in 1787-1788 and collected in a book by Alexander Hamilton, James Madison, and John Jay, urging the adoption of the U.S. Constitution and supporting the need for a strong national government
Ratification-formal approval of U.S. Constitution by the states
Virginia Plan-
Question and Answer-
1. Why did Congress call for a Constitutional Convention? What did Congress authorize the delegates to the Philadelphia Convention to do?
· They called for the convention because the first meeting only found five delegates, and James Madison asked that Congress call a meeting in Philadelphia to strengthen the national government. The Convention was solely authorized to propose amendments to the Articles.
2. How would you describe the delegates to the Philadelphia Convention? What prominent political leaders attended?
· The delegates were fairly young, and many of them were prominent figures in the communities. Prominent political leaders were George Washington, James Madison, George Mason, Alexander Hamilton, John Jay, Benjamin Franklin, James Wilson, Elbridge Gerry, Roger Sherman, and Edmund Randolph.
3. Why did the delegates to the Philadelphia Convention decide to conduct their deliberation in secret?
· There were tow reasons. One, the Framers wanted to develop the best constitution they could and this required a free exchange of ideas, which if their debates had been made public, many of the delegates could not have freely said what they thought. Two, the Framers thought that the Constitution had a better chance of being accepted if people did not know about the arguments that went on during its creation.
We The People Lesson Ten
Terms to Know:
Articles of Confederation- the compact made between the thirteen original American states to form the basis of their government; adopted by Congress in 1781 and replaced by the US Constitution in 1788
Second Continental Congress-
Factions- a group that seeks to promote its own special interest at the expense of the common good
Loyalists- colonists who remained loyal to Great Britain during the American Revolution
Majority rule- a principle of democracy which asserts the greater number of citizens in any political unit should select officials and determine policies
National government-
Northwest Ordinance-
Shays’ Rebellion-an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal
Question and Answer:
1. Why did the Articles of Confederation fail to provide for an executive and a judicial branch of government? How did the Articles of Confederation deal with fears that some states would dominate over others in the national government?
· There was a general fear amongst the colonists that the national government would be too powerful. Thus, the solution was to create a weak national government, without an executive or judicial branch. We had a legislature, which was extremely limited in authority because it had no authority over people, taxes, or trade. Also, the Articles established that each state would have one vote on all matters, so that no one state could dominate due to greater population.
2. What were some of the weaknesses of the Articles of Confederation? What were some of the achievements of the national government under the Articles Confederation?
Ø No Money and now power to get it- Congress had no power to tax, and therefore they could not pay off debts and pay those who had served on the army
Ø No power over the state governments and their citizens- Congress had no power to make laws regulating the behavior of citizens or the states or to force these two to do anything. This meant that the national government had no power to mandate, and this created turmoil as far as honoring treaties, etc.
Ø Unenforceable trade agreements- Congress had power to make agreements, but not to make states live up to those agreements. Thus, other nations lost faith and closed their trade with Americans, so that Americans were not allowed to buy or sell goods abroad
Ø Unfair competition among states- no standard tax for goods traveling across states, so there was no means of efficient and productive trade across state lines
Ø Threats to citizens rights and properties- property rights were not protected by states due to factions and that these factions even when the majority, could be like tyranny if they do not protect the common good
· Achievements under the Articles of Confederation include securing recognition of American independence by European Nations, and writing the Northwest Ordinance.
3. What was Shays’ Rebellion? Why did it occur? What was its historical importance?
· In 1786, an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal. This event was important historically because it sounded the alarm for a stronger national government.
4. What is a “faction”? Why did some founders consider factions to be a threat to natural rights?
· A faction is a group that seeks to promote its own special interest at the expense of the common good. This is exactly why they were dangerous because they could gain power in a government and take a way the individual rights of life, liberty, and property from smaller groups.
Articles of Confederation- the compact made between the thirteen original American states to form the basis of their government; adopted by Congress in 1781 and replaced by the US Constitution in 1788
Second Continental Congress-
Factions- a group that seeks to promote its own special interest at the expense of the common good
Loyalists- colonists who remained loyal to Great Britain during the American Revolution
Majority rule- a principle of democracy which asserts the greater number of citizens in any political unit should select officials and determine policies
National government-
Northwest Ordinance-
Shays’ Rebellion-an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal
Question and Answer:
1. Why did the Articles of Confederation fail to provide for an executive and a judicial branch of government? How did the Articles of Confederation deal with fears that some states would dominate over others in the national government?
· There was a general fear amongst the colonists that the national government would be too powerful. Thus, the solution was to create a weak national government, without an executive or judicial branch. We had a legislature, which was extremely limited in authority because it had no authority over people, taxes, or trade. Also, the Articles established that each state would have one vote on all matters, so that no one state could dominate due to greater population.
2. What were some of the weaknesses of the Articles of Confederation? What were some of the achievements of the national government under the Articles Confederation?
Ø No Money and now power to get it- Congress had no power to tax, and therefore they could not pay off debts and pay those who had served on the army
Ø No power over the state governments and their citizens- Congress had no power to make laws regulating the behavior of citizens or the states or to force these two to do anything. This meant that the national government had no power to mandate, and this created turmoil as far as honoring treaties, etc.
Ø Unenforceable trade agreements- Congress had power to make agreements, but not to make states live up to those agreements. Thus, other nations lost faith and closed their trade with Americans, so that Americans were not allowed to buy or sell goods abroad
Ø Unfair competition among states- no standard tax for goods traveling across states, so there was no means of efficient and productive trade across state lines
Ø Threats to citizens rights and properties- property rights were not protected by states due to factions and that these factions even when the majority, could be like tyranny if they do not protect the common good
· Achievements under the Articles of Confederation include securing recognition of American independence by European Nations, and writing the Northwest Ordinance.
3. What was Shays’ Rebellion? Why did it occur? What was its historical importance?
· In 1786, an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal. This event was important historically because it sounded the alarm for a stronger national government.
4. What is a “faction”? Why did some founders consider factions to be a threat to natural rights?
· A faction is a group that seeks to promote its own special interest at the expense of the common good. This is exactly why they were dangerous because they could gain power in a government and take a way the individual rights of life, liberty, and property from smaller groups.
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