chapter 3 US gov

What is the purpose of the Bill of Rights?

The bill of rights are the first 10 amendments in the Constitution. These first ten amendments, were added to the Constitution less than 3 years after it was in use and the purpose of the Bill of Rights is to protect the freedoms of citizens in the United States. They guarantee of freedom of belief and expression, freedom and security of the person, and of fair and equal treatment before law. Protect people's rights from an overpowering government

How would president Lyndon Johnson be able to justify the use of federal troops to manage riots during the summer of 1967?

President Lyndon Johnson could get away with using federal troops to manage riots because although the original document states that only congress can declare war, the president is the commander in chief of the nation's armed forces, which he then could make the ultimate decision with federal troops in the summer of 1967.

Suppose two people who live adjoining states are having a land dispute. Identify the article of the constitution that addresses this issue, and explain how it addresses the problem.

the article of the constitution that addresses this issue is article 3. this article established the judicial branch system that works for all states. One of the problems of the confederation was that laws and decisions that were made by each state were ignored by all other states and there was no god solution for this. So the. judicial system made article 3 to take care of it.

What approach did the framers of the constitution use to limit the powers of the national government, and why was that approach successful?

the framers used the approach of Separation of powers. The separation of powers limits the powers to each government and branch of government so that no government has too much authority and power, and to keep each in check. This was so successful because the national government had 3 branches which all knew exactly what they had authority to do, and each stayed in balance of another. This created an equal balance between each branch, to lead to a better government for society. Also, created checks and balances for each branch, the constitution says that certain powers are denied from the national government, the bill of rights --> national government cannot take away this right, that right, etc.

How did the principle of federalism resolve the issue of national versus states' rights?

Federalism resolved the issue of national versus states' rights by saying what rights were for the states and which rights were for the federal government. In other words, it gave the state's power on a state, city, and county level. Even though the federal government had most of the power over the states, they couldn't control everything that happened in the states.

How do the powers of the national government compare in breadth to the powers of the states?

In comparison between national and state governments, the national government had a larger amount of authority and powers. The national government were delegated exclusive powers; power to coin money, to make treaties with foreign states, and to tax on imported goods. although exclusive powers are only delegated to the national government, not all of them are denied from the individual state governments. Whatever powers are not given to the national government is given to the states to exercise. There are concurrent powers which are powers that both the national government and the states possess and exercise. Examples of concurrent powers are too levy and collect taxes, define crimes/punishments, condemn private property for public use. national had a much broader reach, deals with the whole nation while the states just have power in their own states.

how do the constitutionally prescribed procedures by which the US constitution can be changed, reflect the concepts of federalism and sovereignty?

In order to change the constitution, there are 4 different approaches. The first was if an amendment is proposed by 2/3 vote in each house of congress and ratified by 3/4 of the state legislatures. Second, an amendment is proposed by a national convention and then ratified by conventions in 3/4 of the states. Federalism is a type of government system that is divided between a national and regional (state) level. These processes show federalism because it is proposed and voted upon by the congress AND the states. Sovereignty is a government with supreme power. This is demonstrated because no matter what process is taken, it always will go through the congress' vote. federalism is the division of congress and states, to amend the constitution you need the votes by congress and senate. Sovereignty, the people have to vote in the state representatives

The framers wrote the constitution knowing that needs and customs would change overtime. What techniques did they use to ensure that the constitution would, in fact, be relevant for hundreds of years?

Instead of making a strict list of rules that are hard to change, they came up with the constitution which is based on principles. It is the government's duty to interpret them and apply them by different techniques which are legislation by congress, executive actions, the Supreme Court's decisions and rulings which become laws as long as there aren't different decisions, the activities of political parties and custom. These techniques have made the constitution useful and important from then until now. they kept the articles of the constitution pretty vague so that they are open for interpretation over the years. Included a process of amending the constitution so that it could be changed in the future.

Why is it in the President's best interest to nominate federal judges favored by most Senators?

It is in the president's best interest to nominate federal judges that are favored by most senators because all the judges that he appoints, has to be approved by congress. If the senate doesn't like them and they get rejected, it doesn't look good for the president.

Why do you think only 27 amendments have been added to the constitution since its ratification, even though thousands have been proposed?

Over 12,000 amendments have been proposed to congress since 1789, of those 33 have been sent to congress and only 27 amendments have been added to the constitution. To add or change an amendment in the constitution is very difficult to do. In order to, you must have 2/3 majority vote in congress and after that 3/4 majority vote in the states. Most of the time, the amendment does not even get to the states, since 2/3 of congress have to agree on an amendment is extremely difficult. it is a very long and difficult process, 2/3 congress and 3/4 state have to agree. Amending the constitution its only for extremely important issues, not everyday laws. Changing the foundation document is only for the big issues.

Why might some argue that the organization of the Senate is undemocratic?

Some people might argue that the organization of the senate is undemocratic because when states are supposedly represented equally it doesn't necessarily reflect on the distribution of the. country's population.

Woodrow Wilson called the Supreme Court "a constitutional convention continuous session." What did Wilson mean by this?

The Supreme Court makes rulings based on what they think. for different scenarios. Supreme Court interprets and applies the Constitution in many of their cases. they hear. I think Woodrow Wilson is. explaining how they make decisions at this level in the courts. The courts also established the power of judicial review, which helps to interpret the laws' and to help make ruling. the supreme court is constantly interpreting and reinterpreting the constitution.

How does the Supremacy Clause impact disputes among states or between states and the national government?

The supremacy clause is a provision of the US constitution that states the constitution, federal law, and treaties of the United States are the "supreme law of the land". The supremacy clause joins the national government and the states government into a federal government. Disputes among states are dealt with by saying that the supreme clause is the ultimate law that everyone must follow. during disputes, national government does have more power over the states. "the states have no power...to retard, impede, burden or in any manner control, the operations of the constitutional laws enacted by congress". the supremacy clause states that national laws have supremacy over state laws. If there is a dispute and the national government, generally the national government should win. All the different state laws have to abide to the Constitution.

Anna wanted to apply for a license to become a lawyer in the state of Alabama. Would she apply to the federal or state government for the license? Why?

To obtain a license to be a lawyer, Anna would need to apply for it on the state government level. Reserved powers are those powers that the constitution does not grant to the national government and does not deny to the states. According to the Constitution, the states have the reserved power to require a license for doctors, lawyers, hairdressers, etc.

in 2006, the Supreme Court struck down President Bush's plan to use military tribunals to prosecute persons captured in the war against terrorism, deciding that only congress has the power to provide for the creation fo such court-like bodies. On what constitutional principle was this decision based?

the constitutional principle that this decision was based on is the separation of powers. this is because the separation of powers has all three branches which one includes congress to decide. Not all 3 branches were included in the decision just the legislative branch because that is where congress is.