Government_Ch3_homework-1

=**Government Chapter 3 Homework #1**= Answer the questions through the readings.

1. The U.S. Constitution set up three branches of government - separation of powers - one to make the laws, one to enforce or carry out the laws, and one to interpret the fairness or constitutionality of laws. The Constitution also established the United States as a republic, which means we the people elect leaders to make decisions on our behalf. The Constitution sets out the structure and powers of government, yet it does not spell out every detail of how the government should work. The Constitution is divided into three parts - the Preamble, the articles, and the amendments. The Preamble, or introduction, explains the goals or purposes of the Constitution. The main body of the Constitution consists of seven articles, which explains how the government works. Article I set up the legislative branch. Article 2 set up the executive branch. Article 3 set up the judicial branch. Article 4 explains the relationship of the states to one another and to the national government. Article 5 explains how to amend, or change the Constitution. Article 6 contains the supremacy clause, which says that the Constitution is the supreme law of the land. Article 7 explains the process of ratification. The third part of the Constitution consists of the amendments, which fixes or changes the Constitution. There are 27 amendments in all. The first 10 amendments are called the Bill of Rights. They were added in 1791, four years after the Constitution was written. **Which is NOT part of the Constitution? (A) Preamble (B) Articles (C) the amendments (D) Bill of Rights (E) all above are parts (F) none of the above are parts**


 * What is the purpose of the articles? (A) set up the Confederation (B) break the colonies away from England (C) explain how the government works (D) set up the branches of government (E) all (F) none**


 * The Constitution can be amended, which means (A) written (B) explained (C) laws (D) modified/changed (E) all (F) none**


 * What is the supreme law of the land according to Article VI? (A) federal level (B) the laws (C) Constitution (D) president and Congress (E) all (F) none**

2. The Constitution established several principles. It is based on the concept of popular sovereignty or rule by the people. United States government is based upon the consent of the governed. The authority for government flows from the people. The principle of federalism was also set up, which means power is divided between a national government and its subdivisions, the states. The founders set up such a system since it was middle ground between a strong central government and maintaining the confederation's idea of sovereign states. A federal system was a way to strengthen the central government but also maintain state power and keep the central government's power limited. In fact the states were still to hold the bulk of the power with the federal government only have power in areas in which the states weren't competent on their own. A third principle set up by the Constitution is separation of powers. There is a legislative branch to make the laws, an executive branch to enforce or carry out the laws, and a judicial branch to interpret the laws. A fourth principle developed is checks and balances in which each branch has some control over the others to make sure that no branch abuses its power. For example, Congress passes laws. The president can check Congress by rejecting, or vetoing, its legislation. This veto power is balanced, however, by the power of Congress to override the veto by a 2/3 vote of each chamber. The federal courts restrain Congress by ruling on the constitutionality of laws. This power is called judicial review. It's balanced by the president's power to appoint federal judges to their positions, which in turn must be approved by the Senate. Any power given was balanced by a check of some sort on that power. The power of judicial review is another one of the principles established by the Constitution. The Supreme Court established this principle in the case //Marbury v. Madison// in 1803. Overall, the fact that the Constitution specifically lists the powers the government is allowed as well as the powers that are prohibited is what makes America's style of government limited government. The Bill of Rights further establishes limited government since these amendments further restrict the power of the national government. **The Constitution lists powers the government has and ones it does not have, which shows the principle of...(A) Separation of Powers (B) Checks and Balances (C) Popular Sovereignty (D) Limited Government (E) all (F) none**


 * Each branch has a control of the others to ensure there is no abuse of power, which is...(A) Separation of Powers (B) Checks and Balances (C) Popular Sovereignty (D) Limited Government (E) all (F) none**


 * Power to make, enforce, and interpret laws are with three difference branches, which is...(A) Separation of Powers (B) Checks and Balances (C) Popular Sovereignty (D) Limited Government (E) all (F) none**


 * Power is divided between the central government and the subdivisions (states), with the central government having the most power...this is (A) Separation of Powers (B) Checks and Balances (C) Popular Sovereignty (D) Limited Government (E) all (F) none**

3. Article 1 of the Constitution created the legislative branch, which makes the laws. It established the U.S. Congress, which is bicameral, or has two chambers. The Congress is divided into the House of Representatives and the Senate. The Founding Fathers believed that passing laws was important and should be the job of the Congress. Article 1 Section 1 of the Constitution - the very first power given in the Constitution - is the lawmaking power, which is given solely to Congress. Today, it's the most abused section of the Constitution since it's become "normal" for presidents to make rules by Executive Orders that have the force of law, the courts often "legislate from the bench" make rewording laws that have been passed, and executive agencies that are to merely enforce laws often make rules and regulations that have the force of law. The Congress was to be the most important branch of the government. The Founders didn't want the Congress to abuse this power as the British Parliament had done in the late 1700s, so they were sure to list the specific powers of the Congress. Most the expressed powers, the powers directly stated in the Constitution, are in Article 1 Section 8. These powers are also called the enumerated powers because they are specified by number, 1 through 18. The final enumerated power (Article 1 Section 8 Clause 18) is the elastic clause, or the "Necessary and Proper Clause." It's often referred to as the elastic clause since it stretches the powers of Congress. The clause says that Congress can make all laws "necessary and proper" to carry out the powers expressed in Article 1. What that means is that all of the powers listed in 1 through 17 may need Congress to expand it's power to hand those listed powers. For example, Congress was given the power to regulate commerce (trade). In the 1950s, the Congress felt that it was necessary and proper to develop he interstate highway system in order to more adequately regulate commerce from state to state. The Constitution doesn't give Congress the authority to create an interstate highway system, but Congress was allowed to do so since it was necessary and proper to be able to regulate commerce (since by the 1950s, trucking was a major way to ship goods from state to state, not so much trains anymore). The Supreme Court in 1819 in //McCulloch v. Maryland// upheld the ability of Congress to use the Necessary and Proper Clause to make laws regarding the enumerated powers. The original intent of Congress was for it to be part-time. Citizens were to take turns representing their homes and towns. Today, it has become careers for politicians. **Which is true about Article 1 Section 1? (A) It says Congress has the power to make laws. (B) It the most abused section (C) executive bureaus/agencies often violate it by issuing regulations (D) it's often violated by the courts that "legislate from the bench." (E) all are true (F) none are true**


 * What is discussed in Article 1 of the Constitution (A) House of Representatives (B) powers of Congress (C) Senate (D) legislative branch (E) all (F) none**

4. Article 2 set up the executive branch to enforce the laws. The president heads this branch. The office of the presidency was initiated in response to the weaknesses of the Articles of Confederation. It was significant that the office was described second, not first. The Founders recognized the need for a strong executive to carry out the laws of Congress. The Constitution says that executive powers are vested in a president. The document doesn't specify exactly what this means giving the president broad powers. There are some specific powers of the president, such as being commander-in-chief of the armed forces, treaty-making power, appointment power, power to pardon to name a few. George Washington was called back into service by being elected our first president under the Constitution. He didn't want power but knew that he would be setting a model for all future presidents. The federal bureaucracy consists of agencies and bureaus that enforce the laws. The president can't possibly enforce every single law in every single town. This is why a bureaucracy is set up. **Which position is explained in Article 2? (A) the President (B) the Framers (C) the courts (D) Congress (E) all (F) none**


 * Which is TRUE about the presidency? (A) has a bureaucracy to help enforce laws (B) commander-in-chief of the military (C) makes treaties and can appoint various executive positions (D) can pardon people convicted of a crime (E) all are true (F) none are true**

5. Executive power is strongest in foreign policy and defense. Presidents can negotiate with foreign leaders and make executive agreements with them without Congress's approval (treaties need Senate approval). Presidents can also send troops into conflicts without Congress declaring war (Constitution doesn't say they can, but they do and no one says anything about it). George Washington set many precedents as president. Washington, although a brilliant leader, was cautious. During the Civil War, President Abraham Lincoln boldly used measures to quiet opposition, even though such measures violated constitutional guarantees of free speech, presss, and assembly. As new issues come up, presidents often see their duties change. Protecting from terrorism is a 21st century role of the president whereas in the 1800s it was not. The president and Congress often conflict over power especially when each is controlled by opposing political parties. Often times there is conflict within the Congress when the House and Senate are controlled by opposing parties. **Why might the Framers have wanted the president's power in foreign affairs to be broad (opinion)?**


 * Why have the presidents' duties increased over the past 200 years?**

6. Article 3 set up the judicial branch, which interprets the constitutionality of laws. It was originally intended to be the weakest of the three branches. However, today, the federal courts use their positions to impact public policy based on their own ideology. Federal courts deal more with federal laws, treaties, international law, and issue that need interpretation of the Constitution. The Supreme Court has the power of judicial review. This means the Supreme Court can declare a law passed by Congress as unconstitutional. Judicial review also allows the Supreme Court to declare an act of the president or bureaucracy as unconstitutional. Judicial review was first established in //Marbury v. Madison// in 1803. When the Supreme Court takes a very active rule by ruling on numerous cases that change society, this is judicial activism. When the Supreme Court does not rule on numerous cases and allows the lawmaking bodies to make policy for the nation, this is judicial restraint. **//Marbury v. Madison// was the first time...(A) the government was permitted to broadly interpret the Constitution (B) expand the necessary and proper powers (C) declare a law unconstitutional (D) the Supreme Court met (E) all (F) none**


 * This is...(A) judicial activism (B) judicial restraint (C) judicial review (D) judicial branch (E) all (F) none**


 * Do you favor more judicial activism or judicial restraint? Why?**

7. The Constitution set up a way to amend, or change it. Amendments must be proposed and then ratified, or approved. There are two ways to propose an amendment - (1) A 2/3 vote in Congress to propose or (2) if 2/3 of the states petition Congress for a convention. Just because an amendment is proposed, doesn't mean it's ratified. There are also two ways to ratify a proposed amendment - (1) If 3/4 of the state legislatures approve or (2) if 3/4 of the state conventions called by all states approve. The Founding Fathers knew that there would be necessary changes that had to be made, but they wanted to make sure that the amendment process was difficult so that the Constitution wasn't changed due to emotions or passions that people wanted at a particular time. There are other indirect ways that the Constitution can change. Changes can take place through federal laws. For example, the Constitution gives the Congress the power to collect taxes. Over the years, the Congress has established rules for filling out tax forms. Changes can take place through various practices. The way powers are used can shape the Constitution. For example, the power of impeachment says that a president can be impeached for treason, bribery, or other high crimes and misdemeanors. Treason and bribery have definitions, but what is a high crime? Congress has had to determine that through the actual practice of impeachment with Andrew Johnson and Bill Clinton and investigations into actions of Richard Nixon that ended with Nixon's resignation before he could be impeached. Often times presidents over the years have expanded the president's role by issuing executive orders, which often have the force of a law even though ONLY Congress can pass laws. However, if the American public doesn't protest or Congress allows this to happen, it becomes (and did become) normal. Supreme Court decisions can change the meaning of the Constitution as the Supreme Court interprets the laws passed by Congress. More recently the Supreme Court has been active in changing society based on ideological beliefs. **It is difficult and takes a long time to amend the Constitution. Over 11,000 ideas have been proposed, but we only have 27 amendments. Why do you think the Framers made it a difficult process?**


 * To amend the Constitution, what fraction is needed to approve a proposal? (A) 9 out of 13 (B) 34 out of 50 (C) 38 out of 50 (D) 40 out of 50**

8. The first 10 amendments to the Constitution are the Bill of Rights. The Bill of Rights limits the power of the national government. The first amendment grants several freedoms by listing certain rights that Congress cannot take away. These rights include religion (Congress cannot establish an official church that all have to attend or pay a fine with taxes to fund the church - also Congress cannnot stop you from practicing your faith), speech (political opinions are allowed), press (no prior restraint, which means no censorship), assembly, and petition. The second amendment protects your right to bear arms, or own a gun. The third amendment says that citizens can't be forced to house soldiers. The fourth amendment says that the government cannot conduct unreasonable searches or seizures of evidence. The fifth amendment says that a person cannot be deprived of life, liberty, or property without the due process of law. The sixth amendment guarantees your right to a speedy and public trial by an impartial jury. The seventh amendment guarantees a jury trial in cases that deal with property rights. The eighth amendment prohibits excessive bails and fines and prohibits cruel or unusual punishment. The ninth amendment says that any rights not listed are retained by the people. The tenth amendment says that any power that is not given to the federal government is reserved to the states - reinforcing the idea that the states were to have the bulk of the power and the federal government was only to have power where the states weren't competent on their own. There have been 17 other amendments passed since 1791. Several deal with voting including the 15th that gives blacks the right to vote, 19th for women's right to vote, the 24th that outlawed the poll tax (can't charge voters a tax), and the 26th amendment that lowered the voting age to 18. The Civil War Amendments were amendments 13th (abolished slavery), 14th (ensured that former slaves had citizenship rights), and 15th (blacks got the right to vote). **The Bill of Rights are examples of (A) limited government (B) popular sovereignty (C) checks and balances (D) federalism (E) all (F) none**


 * The Bill of Rights provides freedom of the press, which limits the government since the press is not subject to prior restraint, or government (A) writing (B) censorship (C) law passing (D) slander (E) all (F) none**


 * It also provides freedom of religion meaning the government can't establish a religion, which means the government cannot (A) force you to attend a specific church or fine you or tax you to fund it (B) celebrate Christmas (C) have the 10 Commandments on public ground (D) pass laws based on religious or moral beliefs**


 * Which was NOT one of the Civil War Amendments? (A) blacks got the right to vote (B) blacks would be considered citizens (C) slavery was made illegal (D) poll tax was illegal since blacks were targeted (E) all are part (F) none are part**


 * The 10th amendment reserves power to the (A) Congress (B) states (C) federal government (D) voters (E) all (F) none**

9. The Constitution divided government authority by giving the national government certain specified powers, reserving all other powers to the states or to the people. Powers of the national or federal government are called the delegated powers. There are several types of delegated powers of the national government. The expressed powers are the delegated powers that are directly expressed or stated in the Constitution. Implied powers are the delegated powers that the federal government gets from the elastic clause. This clause gives the Congress the power to do what is "necessary and proper" to carry out its other powers. Inherent powers are delegated powers that the federal government has just because it's an independent nation such as setting up diplomatic relations with other nations. Remember, the original intent was for the national government to only have the powers in areas in which the states were not competent. This means that the bulk of the power was to be with the states. Powers that are state powers are often called the reserved powers. These are powers that are not delegated to the national government. The original intent of the Founders was that any power at all not specifically granted to the federal government was a state power. What if there was a need for the federal government to get involved? Simple - amend the Constitution. Article 6 was put onto the Constitution to resolve the possibility of a state law conflicted with a federal laws. The Supremacy Clause in Article 6 says that the Constitution is the supreme law of the land as well as all laws and treaties of the United States (federal government). There are some powers that the federal and state governments share, called concurrent powers. Both levels have the ability to tax, borrow money, set up courts, and pass and enforce laws. The Constitution also guarantees several ideas to the states. One is a republican form of government (not the political party) meaning the Constitution guarantees that the governments in each state will be set up by the people electing leaders to make decisions for them. Second is protection - the federal government protects the citizens and the states whether it's in times of a war or invasion, natural disaster, a riot, or to enforce laws that some states don't want to enforce (like when both JFK and Eisenhower sent federal soldiers to enforce the desegregation of schools). Third is territorial integrity of each state. The U.S. Congress has the power to admit new states to the nation. The process begins with a territory requesting statehood and then the Congress authorizing the territory to write a state constitution. The Congress must approve of the territory's state constitution or the territory to become a state. The National Governor's Association gets together and helps governors in areas of state policy and impacting national politics. **Who has the power to admit new states?**


 * Which is NOT a guarantee to the states from the federal government? (A) territorial integrity (B) republican form of government (C) protection (D) both parties exist (E) all (F) none**


 * What is an example of the federal government protecting the states? (A) use of the nation's military if invaded (B) federal help if there's a riot (C) federal help if there's a hurricane (D) federal help in enforcing laws if needed (E) all (F) none**

10. Article 4 of the Constitution explains the relations among the states to each other and the federal government. Part of this article is the Full Faith and Credit Clause. This clause says that each state must recognize the public acts, records, and judicial proceedings of other states - such as car registration issued in another state - if my car is registered in PA, I don't have to get it registered in Maryland if I'm going there on vacation. This clause only applies to civil law, or laws relating to disputes between individuals, groups, or with the state. It doesn't apply to criminal law because states can't enforce other states' laws. The Privileges and Immunities Clause is also part. This means that one state can't discriminate unreasonably against citizens of another state - if you travel to Ohio you have the same privileges as those who live in Ohio. There can be different treatment of residents from other states if it's reasonable - for example a person visiting PA from California can't vote here if it happens to be election day. Extradition is also part of this article, which means that a fugitive of one state that flees to another state has to be returned to the state where the crime was committed. States are allowed making interstate compacts with each other, but must be approved by the federal government (to keep states from making alliances with each other against the federal government or whole United States). States are allowed to sue each other and the Supreme Court will hear such a suit. This fixes the problem under the Articles of Confederation when there was no central court system to solve disputes among the states. The national government has grown in power since our founding. It has mostly increased in power since the 1913 force shift. The national government has grown in its power to declare war. The commerce power has increased since the Supreme Court in 1936 allowed the federal government the power to regulate anything that "impacts" trade, not just regulate trade. The taxing power of the federal government has increased especially with the income tax under the 16th amendment in 1913 (1913 - force shift). Since 1913, the power of the federal government has grown while the states have decreased in power. State governments are important. The states provide ways to experiment new ideas and policies. If these new ideas work, other states would do the same or even the federal government. **When/if you get a PA driver's license, you can still drive in other states. This is from the...(A) Full Faith and Credit Clause (B) Privileges and Immunities Clause (C) Supremacy Clause (D) Elastic Clause (E) all (F) none**


 * Which is an example of the Privileges and Immunities Clause? (A) If you're married in PA, Ohio also recognizes it (B) If your car is licensed in PA, New York accepts that if you're driving there (C) Maryland can't kick me out of their state I'm Pennsylvanian (D) We have the privilege to be immune from other states' diseases (E) all (F) none**


 * Fugitives from one state must be returned to the state of the crime, which is (A) pardon (B) extradition (C) habeas corpus (D) interstate compact (E) all (F) none**

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