Categories for Constitution

Final Exam Study Guide Essay

Final Exam Study Guide Essay

Review Sheet Delivered on Monday, December 2, for the Final Exam to be administered on Monday, December 9. Gai Ferdon, Ph. D. Carefully consider each the following questions and be prepared to answer all of them in a multiple question format. The Exam will not contain questions unrelated to these unless presented for extra credit. To facilitate reflective thinking, the Exam will also contain questions related to quotations found in works by significant individuals mentioned in class, for you to examine and tease out the basic assumptions.

This review sheet has been delivered one-week in advance of the Exam, offering you ample time to prepare.

You are encouraged to tackle sections of the review sheet, presented as subject headings identical with lecture handouts. Budget your time wisely to ensure a successful grade. Move Towards American Independence and State Constitutions American War for Independence (“1763” 1776-1783) 1. Who originally crafted the Declaration of Independence? With this, what is the significance of ‘Congress’ in its title? Who further altered and ratified the document? – Committee of 5 (Jefferson, Franklin, Adams, Sherman, Robert Livingston) – It’s a split, severing connections with Britain – Continental congress 2.

What is the significance of the Declaration of Independence relative to the American Constitutional Order and System? – It was a legal charter for the USA 3. Be able to identify the civil principle clearly enunciated in the Declaration of Independence known as the “Doctrine of the Lower Magistrate. ” In this regard, you will need to refresh yourself on the role of the Continental Congresses. – Lower magistrate corrects Upper magistrate 4. What is meant by the phrase “Laws of Nature and Nature’s God,” as America’s legal claim for separation from Great Britain and located in the preamble to the Declaration of Independence?

– Their philosophical region for separating from great Britain. God endowed us with certain rights and if they are violated we are allowed to separate from whomever is violating them. 5. You will be required to read certain portions of the Declaration of Independence to tease out its civil principles. In this regard, be able to identify the ‘justification for legal authority’ to separate from Britain, which represents the legal claim made by the representatives. With this, how can we be certain that the Declaration of Independence is not a “deistic document” textually?

– Long train of abuses and user patience / they call on God as a witness 6. Three-fourths of the Declaration of Independence is devoted to enumerating twenty-eight charges against King George III. Twenty-four of these charges were originally located in State Constitutions. These grievances also depict violations in relation to what? 7. Does the Declaration of Independence delineate of express a structure of government, or a prerogative of power, and hence, representative of a Constitution? – NO 8. What is the difference between the engrossment of the Declaration of Independence and the Dunlop Edition?

Engrossment – It was handwritten and then signed Dunlop – was printed and handed out 9. When did the United States become a sovereign nation? July 4th 1776 10. Where is the engrossment of the Declaration of Independence housed? NARA Articles of Confederation 1781-1789: A System of Confederalism and State Sovereignty and the U. S. Constitutional Convention (May 25 – September 1787): Steps Towards a More Perfect Union 1. What was the nature of the civil arrangement of the Articles government? In other words, was it national, confederal, or federal? – Confederal Government 2.

What led to the move towards the Constitutional Convention of 1787? – The weakness of the articles of Confederation 3. Make certain you are able to identify the correct dates relative to the adoption of the Declaration of Independence as well as the ratification of the Articles of Confederation, and the adoption of the U. S. Constitution by the Constitutional Convention. Declaration – July 4th 1776 Articles of Confed. – November 15th 1777 US Constitution – September 17, 1787 4. Be able to identify the nature of the deliberations during the constitutional convention.

In other words, what was the main concern in regards to forming a new national civil structure? – 5. What is the nature of the civil arrangement of the U. S. Constitution? In other words, was it national, confederal, or federal? – Confederal What is the nature of federalism? Nature of Federalism – Abuse Power 6. Who drafted the U. S. Constitution? – Committee of 5 (Oliver Ellsworth, James Wilson, Edmund Randolph, Nathaniel Gorhand) 7. Who ratified the U. S. Constitution? – The states The United States Constitution: A Civil Covenant 1.

What is the significance of the Federalist Papers (1787-1788)? Be prepared to read excerpts from some of these editorials to tease out the basic ideas. 2. What is the significance of Elliot’s Debates? – The record of the debates of the states on whether they would ratify the constitution or not. 3. What represents the philosophical nature of the U. S. Constitution? – Limited civil government to ensure ordered Liberty 4. Be able to identify the definition of a republic which the U. S. Constitution embodies. – PowerPoint 18 5. Be able to identify the proper definition of federalism.

– Divided authority and diffuse power to a tri part system with checks and balances within a constitutional framework for the sake of ordered liberty. (Sovereignty lies no where, its spread out through the entire system. ) Slide 4 6. Why are people best governed by a diversity of power as opposed to a unity of power? Diversity of power makes tyranny harder to achieve 7. What is the law of the nature of the power of the legislative, executive, and judicial branches, which the U. S. Constitution assumes to be true? In other words, what is the function of each of these branches?

What Constitutional Articles identify the nature of these powers? – Articles 1-3 slide 9 8. Be able to identify the federal nature of the US Constitution. In this regard, you will be expected to identify the mechanics and structure of Federalism. With this, do not neglect the place of checks and balances and separation of powers as part of Federalism – know these categories as well. – Federal in nature, republican in form 9. Be able to identify some of the principal instruments of checking and balancing outlined in the U. S. Constitution. – Veto powers in terms of office. All are located in lecture 18 10.

What are the four kinds of power associated with the U. S. Constitution? What is the definition of each? – Enumerated – The power that is expressly given, Implied – Powers that are not expressly given but are implied, Concurrent – Powers possessed by the national and the state governments, Residual – Powers preserved for the states and for the people 11. What is the significance of Amendments IX and X of the Bill of Rights to the U. S. Constitution? – Residual Powers Principles of Economics: Hazlitt Hazlitt Text: Be prepared for one question related to each of the following chapters: Title is the answer

1. Chp. 4: “Public Works Mean Taxes” – Public works arnt the best idea in the world because it taxes the people more 2. Chap. 5: “Taxes Discourage Production” – 3. Chap. 6: “Credit Divers Production. ” – 4. Chap. 11: “Who’s ‘Protected’ by Tarriffs? ” – The governments own interests 5. Chap. 12: “The Drive for Exports” – To get income a different way than taxing people 6. Chap. 13: ‘“Parity” Prices’ – 7. Chap. 15: “How the Price System Works” – Your Exam will also contain five extra credit questions. With this, your extra credit option presented in Blackboard must be submitted along with your Final Exam.

The First and Second Amendment Essay

The First and Second Amendment Essay

When the Constitution was written, it was not the intent of the authors to assure human rights to its citizenry, it was written in order to set up a federal government that would allow the United States to be a self-governing entity, and to put in place a system of government that would serve the citizens of the country in the way that they saw fit. After the ratification of the Constitution in 1787, “people soon began to notice that it did not list many of the personal liberties (individual rights) that they had come to believe were theirs.

(Cullop, 1999)

At the behest of some states the first ten amendments were added to the Constitution that protected the personal rights of the citizens called the Bill of Rights. The First Amendment prevents Congress from implementing an official religion, offers the free exercise of religion, and allows freedom of speech in the public and the press without fear of legal retribution for what is said.

It also allows citizens to assemble peaceably to protest government or its decisions and to petition the government to change things that the people do not agree with. On the surface this amendment appears to settle some problems, but as time has gone by there have been many interpretations of the words and many arguments as to the intentions of the authors when the amendment was written. Most people agree that freedom of the press is necessary for the dissemination of accurate and reliable information whether it is good, bad or otherwise.

People just basically want all of the facts. One conflict that has come from the general wording of the First Amendment is how the press will handle the confidentiality of their sources when reporting. The authenticity of what the press presents depends on the guarantee that sources can be protected. Many people would not otherwise give information for fear of implications that would arise from giving that information.

The amendment protects a citizen from punishment for what they have said, but it offers no protection for the privacy of providing information without revealing the source. Recently there have been many bills introduced at both the House and Senate level asking for this protection to be guaranteed by law. In 2005 a bill was introduced into both the House and the Senate that would establish a Federal shield law that would in essence protect the source of information used by the media to report a story.

The argument is whether or not the first amendment should preclude the security of the nation. The legislators think that this would prevent the government from protecting America from terror by allowing potential terrorist or informants to escape questioning or observation. So far the issue has not passed through the legal avenues due to the potential for compromising national security. Another controversial issue that has risen from the First Amendment is the freedom of religion and the right to exercise religion.

Again this comes from years of twisting and turning of words and arguments as to the intent of the framers. The issue stems from the interpretation of the wording “Congress shall make no law respecting the establishment of religion”. Some people say that this means that no laws will be made that respects any religion over another, while others argue that the intent of the framers was to prohibit the government from establishing laws that set up one religious point of view as the official religion such as they experienced in England.

Regardless of what position people take, the Supreme Court has ruled that there shall be no law that respects one religion over another. This decision affirmed the idea of separation of church and state. In response to this ruling, it has become illegal to display the Ten Commandments in public buildings because this is considered the foundation on which Christianity and Judaism was founded. According to the Supreme Court this display violates the First Amendment rights of those citizens who are not Christians or Jews to have no official religion.

Christians argue that while they believe that the Ten Commandments were given to the people by God as a way to self govern themselves according to His will, they also believe that these are good rules for anyone to follow regardless of their religious position and that by removing these laws of God from publicly owned property, it violates the Christians right to freedom of worship. The second amendment to the Constitution is commonly known as the right for citizens to keep and bear arms.

Again the argument becomes what is written versus what was intended. The wording says that “the right of the people to keep and bear arms shall not be infringed”. Taken literally this means that all American’s have the right to own and use firearms for whatever purpose they choose. When viewed from the intent of the authors, and inference from the context, it seems that this amendment was intended for the security of the land. This view aised many questions even among its supporters. It has been debated if this means that as long as you own a firearm for protection it is within the law, or does this mean that the government can not specify what kind of weapon and/or the uses of that weapon. This issue is at the forefront of the Assault Weapons Ban. Laws were passed to ban certain types of weapons that the government deemed as unnecessary or impractical for self defense.

The opponents of this law argued that it was a violation of the literal interpretation of the amendment. The law passed into its “sunset” phase without being renewed making it legal to own weapons that were previously considered to be assault suited weapons. People who favor gun control believe that this has caused a serious risk to the security of the citizens, while people who are gun owners believe that it is their right by law to own these guns and that the ban was unconstitutional.