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A)The terrorist organization ISIS is attempting to take over the state of Iraq. Is democracy possible there? Day 3 Take out your homework (CH2 Guide)

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Presentation on theme: "A)The terrorist organization ISIS is attempting to take over the state of Iraq. Is democracy possible there? Day 3 Take out your homework (CH2 Guide)"— Presentation transcript:

1 A)The terrorist organization ISIS is attempting to take over the state of Iraq. Is democracy possible there? Day 3 Take out your homework (CH2 Guide)

2 Quiz Closed book Take out a half sheet of paper

3 1. The Virginia Plan would have created a A.Legislature dominated by the small states B.Legislature dominated by the big states C.Legislature controlled by the slave states D.Legislature that balanced control between the large and small states E.Constitutional monarchy

4 2. The Bill of Rights was added to the Constitution to A.clarify the Supreme Court’s power of judicial review. B.Ensure equal voting rights. C.Protect individual rights. D.Define all powers reserved for the federal and state governments. E.Prevent the supremacy of one faction of government over another.

5 3. Anti-Federalists argued against adoption of the Constitution for all the following reasons EXCEPT A.it failed to centralize power B.it responded to the needs of the minority, not the majority C.it placed too many restrictions on the states D.it neglected individual rights E.it favored property owners

6 4. Which of the following was the most important effect of replacing the Articles of Confederation with the Constitution of 1787? A.The protection of free speech. B.The guarantee of states’ rights. C.The establishment of direct democracy. D.The creation of a strong national government. E.The establishment of judicial review.

7 5. Which of the following statements best describes the Articles of Confederation? Domination of the government by the states A national congress with one house and no executive No national court system No ability of the central government to enforce the collection of taxes A.I only B.I and II only C.I, II, and III only D.I and IV only E.I, II, III, and IV

8 6. Which of the following theories claims that too many competing groups cripple government’s ability to govern? A.Hyperpluralist theory B.Pluralist theory C.Elite theory D.Democratic theory E.Class-based theory

9 7. Which of the following principles describes a philosophy of the Federalist Party? A.Federalists believed in a loose construction of the Constitution. B.Federalists believed in a strict interpretation of the Constitution. C.Federalists believed in a conservative interpretation of the Constitution. D. Federalists believed that Congress should be the main cog of government. E.Federalists believed that the interests of the common man should be reflected in government.

10 8. The federal system A.decreases judicial power. B.decentralizes our politics. C.centralizes our politics. D.decreases opportunities for political participation. E.decreases the number of government officeholders.

11 9. All of these are advantages of federalism EXCEPT: A.it reduces the amount of experimentation on public policy B.it allows customization of policies for local needs. C.it increases access to government. D.it allows more opportunities for political participation. E.it allows for a greater diversity of opinion to be reflected in public policies.

12 10. The Bill of Rights was added to the Constitution A.in 1865 after the union victory in the Civil War. B.during the Constitutional Convention, at the insistence of Thomas Jefferson. C.piece by piece during the first hundred years of its operation. D.before the ratification process. E.after the ratification process was complete, and partly to fulfill a promise to those who supported ratification.

13 11. The Framers adopted a federal system for all of the following reasons EXCEPT: A.The population was too dispersed for a unitary system to work. B.Transportation and communication systems were too primitive for a unitary government to work. C.Americans' loyalty to state governments was stronger than it was to the United States. D.The confederation had clearly failed in managing the country's problems. E.Americans had weak allegiance to their states.

14 12. The government designed at the Constitutional Convention allowed the voters to directly elect A.the president and all members of Congress. B.only the Senate. C.only the president. D.only the House of Representatives. E.both the House and Senate.

15 13. The Connecticut Compromise at the Constitutional Convention A.established an indirectly-elected president. B.resolved the impasse over the issue of representation in Congress. C.settled the dispute over whether slavery should be allowed in the final constitution. D.added the Bill of Rights to the Constitution. E.involved the federal judiciary

16 14. A consequence of separation of powers and checks and balances has been A.the inability of groups to get their grievances heard. B.fragmented policymaking processes. C.an "imperial presidency." D.the tyranny of the majority. E.streamlined, but hasty, government decision making.

17 Homework

18 Turn in Trade and grade

19 Unit One: Constitutional Foundations

20 Review, Review, Review

21 Day 3

22 Principles of the Constitution

23 I. Separation of Powers I.Separation of powers. A.To Madison, tyranny was govt. that controlled all 3 branches of govt. ---> Division of power among the legislative, executive, and judicial branches. B.This system diffuses power instead of concentrating power. C.Influence of Montesquieu. D.Colonial experiences, e.g., excessive power in st. legislatures  need for strong exec. E.Danger of one branch combining forces with another branch ---> checks and balances.

24 How did the Framers keep power from being consolidated?

25 II. Checks and Balances A.Background. 1.18th century view of govt. as something to be restrained, and modern view of govt. as something to be used for the common good. 2.Fear of tyranny among Founders ---> distrust of govt. ---> checks and balances as means of intentionally building inefficiency in order to prevent govt. abuse of power. B. System of restraints in which each branch can check the other two. Reflects fear of tyranny. C. Examples: veto, veto override, appointment and confirmation, treaty-making and ratification, defense funding and Commander-In-Chief.

26 Why would the Framers intentionally make government inefficient?

27

28 II. Checks and Balances D. Political independence within each branch: no branch is dependent upon the other two for election (exception: judges are appt'd by President) and continuance in office (life terms for judges ameliorate presidential influence). E. Staggering of terms within each branch -> a majority of voters can gain control over one part of govt. at one time, e.g., midterm cong. elections can serve as a check on the exec. F. Modifications of checks and balances: examine if the following strengthen or weaken checks and balances.

29 II. Checks and Balances 1.Political parties. a.In theory, should weaken checks and balances -- a way of bringing the branches of govt. together. Const. divides govt., but parties bring people in govt. together. b.In reality, however, parties are weak: Dominance of only 2 parties ---> each party has wide range of interests ---> much disagreement within each party itself ---> difficult to assert such strong control c.Prevalence of divided govt., i.e., a Pres. of one party and a Cong. of the other.

30 The Framers pictured many parties who would have to team up to get stuff done. What would they have changed if they could see the realities of today?

31 Why would the Constitution “stagger” the election of the President and Congress?

32 II. Checks and Balances 2.Changes in voting methods. a.Senators now chosen by people. (17 th Amendment) b.Congressmen also chosen by people. c.Presidents chosen by electors who vote as the people have voted. -- Thus, members of two branches essentially chosen by same electorate ---> weakening of checks and balances in theory; however, split ticket voting has changed this.

33 Who used to elect Senators?

34 II. Checks and Balances 3.Growth of federal bureaucracy. a.Development of numerous agencies w/legislative, executive, and judicial functions. b.Congress often grants broad authority to agencies and lets them carry out the general will of Congress, e.g., Congress established an IRS to collect taxes, and then granted the IRS authority to help write the tax code, enforce the tax code, and settle disputes over the tax code. -- Thus, growth of bureaucracy has caused a weakening of checks and balances.

35 II. Checks and Balances 4.Changes in technology, e.g., nukes, computers, fax machines, satellite communications: Two views: a.President, Congress, interest groups, media have all been able to take advantage of the new technologies ---> strengthening of checks and balances. b.President has been especially able to take advantage of these ("electronic throne"), e.g., “staged event” of Bush landing on an aircraft carrier ---> weakening of checks and balances.

36 II. Checks and Balances 5.Emergence of U.S. as world power after WWII. a. Areas of "national interest" extend around the world. -U.S. is leader of free world. -U.S. is only remaining superpower after Cold War b. With such heavy responsibilities, any crisis seems to involve U.S. somehow. ---> These responsibilities need to be dealt with in a strong and efficient manner --->power has concentrated in executive branch ("imperial presidency") ---> weakening of checks and balances.

37 Explain why executive power has expanded in the last 70 years.

38 III. Limited Government Limited government: dilemma of wanting a more effective government, but also a limited government that did not become tyrannical. A.Constitutional government: govt. has only those powers listed in Const. B.Bill of Rights as a safeguard against possible tyranny from a new, strong, distant government. Little fear of state govts, but great fear of national govt. Amendment 10 reflects view that states would have substantial powers: central govt. could exercise only those powers delegated to it by the Const. States would have all else. Free elections, but potential of majority faction ---> Madison's "auxiliary precautions."

39 What is a faction?

40 What is the reason for the addition of a Bill of Rights to the Constitution?

41 IV.Judicial review. A. Power of courts to strike down laws or governmental actions. B Not explicitly provided for in Const., but Const. written in broad terms ---> need for interpretation ---> this most logically falls to the courts. C.Established by Marbury v. Madison, 1803: 1. Facts of case: the end of Federalist control of govt. and appointment of the "midnight judges," including Marbury ---> Jefferson ordered Madison to not deliver commissions to these judges --->Marbury's request for a writ of mandamus (under Sect. 13 of Jud. Act. of 1789) from the Supreme Court to order the delivery of his commission. 2. Decision of Marshall and the Court: section 13 of Judiciary Act of 1789 enabling the Court to issue a writ of mandamus through original jurisdiction in this type of case was unconstitutional.

42 IV.Judicial Review 3.Analysis. a.Marshall ruled that the Court did not have the authority to issue the writ, but he paradoxically increased its power by establishing judicial review when the Court struck down section 13. b.Jefferson couldn't complain because the midnight judges didn't receive their appointments, but he fumed because his enemy, Federalist John Marshall, increased the power of the Court. Effects of judicial review: citizens can challenge constitutionality of laws in court by initiating lawsuits (example: Gideon v. Wainright, 1963)  litigation has become an important way of making public policy.

43 What is judicial review?

44 Where can the power of Judicial Review be found in the Constitution?

45 What did Marbury v. Madison establish?

46 Tell me a law that has been overturned due to judicial review?

47 What chief justice decided Marbury v. Madison?

48 Tell me a law that has been overturned due to judicial review?

49 Review Fake FRQ


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