(UG)U2: 11 What Questions did the Framers Consider in Designing the Three Branches of the National Government?

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5. The Framers designed the national judiciary with the goal of making it independent of partisan politics. What constitutional provisions contribute to judicial independence? What constitutional provisions might threaten that independence?

- Judges should be independent of politics, Judges should hold office "during good behavior", they would not be removed from office unless they were impeached - When the Congress and the president are in the same side, the Judicial branch would be in dangerous, because the president would not enforce the law, and the Congress would not impeach the president

2. What issues did the delegates have to decide regarding the organization of the executive branch of government, and how did they resolve these issues?

- Should there be more then one chief executive How long should the chief executive remain in office? and should the executive be eligible for reelection? - no, only one chief executive; 4 years; yes.

4. What is the Electoral College, and why did the delegates decide to create it?

- The group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives. - It as a compromise between people who wanted pure popular vote and who wanted state legislatures to choose

1. Why did the delegates enumerate the powers of Congress? Why do you think it did not enumerate the powers of the executive and and the judicial branches in the same detail?

- Those delegates want to limit the Congress' power, and not want to give them any power that not necessary. - Because Congress has the most important element of a government - making laws and it is the deliberative body

Deliberative body

A legislative assembly that meets to debate issues

3. How did the delegates 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?

Checks and balances, rule of law not exclude the executive branch, Congress could impeach the president.

Necessary and proper clause

Congress has the power to make all laws that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper"

Shared powers

Legislative powers not completely separated between the branches of government

6. Has the checking and balancing relationship among the three branches intended by the Framers been maintained? Explain your response and support it with evidence.

Most of time it maintained, except twice when The Congress and the Executive branch allied with each other, during the civicl war, Lincoln suspended the writs of writs of habeas corpus; however, because 2/3 of the Congress are republican party, therefore, Lincoln never get impeached

Separated powers

The division of the powers of government among the different branches

Electoral College

The group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives.

Enumerated power

Those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution


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