We The People
The constitution describes the organization of the executive and judicial branches only in general terms. Explain how the first Congress and the president organized the executive branch.
Congress created three departments Department of State, Department of the Treasury and Department of War.
What powers does the Constitution delegate to the federal government?
Create post offices, regulate interstate and foreign trade, declare and conduct war, create a national currency. regulate trade within the state, establish public schools, create traffic and motor vehicle laws regulate marriage and divorce practices, make their own laws, tax the people, borrow money, create their own court system, and provide health and welfare of the people.
What powers does the Constitution deny to the federal system?
Federal government may not tax exports, spend money in a way that is not approved by law, enact laws that favor trade in one state of over the others, exercise powers that belong to other states, suspend the right to writ of habeas corpus, except in a national emergency.
What was the disagreement over the meaning of the words in the Constitution?
For example the necessary and proper clause, Hamilton believed that necessary meant that which is needful or useful to solve a problem. Which caused him to think that the Constitution created government to solve national problem. Hamilton viewed the words broadly, Jefferson viewed it narrowly.
What was the case of Marbury v. Madison? How did the U.S. Supreme Court decide this case?
In the case of Marbury v. Madision, John Adams appointed several people to certain posts in his last weeks of presidency. Because there had not been enough time to send the necessary papers before Thomas Jefferson took office. Jefferson then ordered James Madison, his secretary of state not to deliver the remaining participants' appointments, one of which involved William Marbury. Because Marbury took his case directly to the Supreme Court, they ruled that his actions violated the Judiciary Act although he was entitled to a job. The Supreme court then for the first time ruled the part of the Judiciary Act that increased the governments power unconstitutional for the first time.
Why is it sometimes difficult to determine the meaning of the words in the Constitution?
It is difficult to determine the meaning of the words because there are four different ways that you can determine what they mean. So depending on which way you think about it you may come up with four different meanings and the decision will be very difficult. Also some of the words are not very clear.
What was the purpose of the Bill of Rights? Why was it included in our Constitution?
It protects the basic rights of the American people. It was included because the Anti-Federalists wanted it, but the Federalists didn't, so they came to a compromise that they would draft the bill of rights to add to the Constitution.
How does judicial review protect the rights of the people?
It protects the rights of the people because if they didn't have judicial review the Supreme Court could not strike down such acts and there would be no effective way to enforce the constitutional limits on the powers of Congress. The powers would be unlimited and we no longer have a constitutional government.
Explain how the ratification process provided a widespread public debate about an important political decision.
It provided a debate by having questions that wanted to be answered and the there must be rules and people must decide and establish a few rules. Then they must discuss the results of the debate.
Why was Marbury v. Madison such an important case?
It was important because it was the first time the Congress struck down an act as unconstitutional, which established the Court's power of constitutional
What powers belong to the states?
Regulate trade within the state, establish public schools, create traffic and motor vehicle laws regulate marriage and divorce practices, make their own laws, tax the people, borrow money, create their own court system, and provide health and welfare of the people.
How did the Federalists respond to the criticisms of the Constitution made by the Anti-Federalists?
The Federalists argued that the people did not work for the common good, and that a large republic where power is decided between the national and state governments is a better solution. Under such a government, it will be more difficult for special interests to work against the common good. The constitution also provides protections for the state governments by specifically reserving certain powers for the states making any claims about how the state governments will be destroyed meaningless. They also argued that the bill of rights is not needed as the Constitution is the ultimate protection for people's rights and the people are the ultimate sovereigns.
Why did the Framers oppose submitting the Constitution to the existing Congress or state governments for ratification?
The Framers opposed submitting it to the existing congress or state governments because they were afraid that they would reject it.
Why were the Framers of the Constitution against having political parties?
The Framers were against having political parties because of remembering how George Washington was elected because of the great deal of respect people had had for him, not because of the political party he was involved with, there were no political parties at the time. And the Constitution does not state a need for political parties.They believed political parties were factions, they feared that the strongest faction would control all the government.
Explain how the disagreements about how to solve the new nation's problems led to the rise of political parties.
The Main disagreement that helped to cause political parties to form was the disagreement over whether or not the government should create a bank to make paying off the federal debt easier. People began to take sides, siding with either Thomas Jefferson or Alexander Hamilton, which became the basis for political parties today.
What arguments did the Anti-Federalists make against ratifying the Constitution?
The arguments the Anti-Federalists made were whether the Constitution would maintain republican government, whether the national government would have too much power, and whether a bill of rights was needed in the Constitution.
Why was the election of 1800 important?
The election of 1800 was important because it was the first time that political parties backed candidates for President. The election of 1800 was very important, even thought it had a bitter campaign, the parties accepted the result. In the election of 1800, the Federalists supported John Adams and the Republicans supported Thomas Jefferson. In the end, John Adams was re-elected.
How might judicial review override the will of the majority?
The judicial review might override the majority in a situation like Virginia's law about the debts to the British being canceled. But the law was overridden because of the peace treaty with Britain which stated that they must pay all their debts.
What rights are guaranteed in the Ninth and Tenth Amendments? How do these amendments differ from the other amendments in the Bill of Rights?
The ninth amendment to the Constitution says that the listing of certain rights does not mean that these are the only rights the people have. The tenth amendment says that the powers not delegated to the federal government nor forbidden to the states belong to the states or to the people.
What are the four methods that justices might use to interpret the Constitution? What are the advantages and disadvantages of each method?
The plain meaning of the words of the constitution, using this method justices consider the literal, or plain meanings of the words. But sadly some of the Framers thought that the words in the Constitution was unclear. 2. The intention of the Framers, this method shows that the Constitution by itself does not always have an obvious meaning. The downside to this was it was almost impossible to figure out what the Framers wanted. 3. The Constitution is based on some of the fundamental principles of government, this method is base on these basic principles and values. 4. Today's social values and needs and this method says that the justices should use today's social values in interpreting the Constitution. Both methods 3 and 4 give the justices too much freedom on their decisions.
What process did the Framers select for ratifying the Constitution? How did the Preamble to the Constitution help them decide on this method?
The preamble to the Constitution was to say "We the People...do ordain and establish this Constitution" at the beginning of the document so that the people who were to be governed by the new national government would consent to its creation and agree to obey its decisions
How did the first Congress organize the judicial branch?
The president's cabinet members started out as the heads of the three departments of the Executive branch: the Department of State, The Department of Treasury and the Department of War. The presidents cabinet was formed to help the president fulfill his responsibilities and the number of members has grown to fifteen instead of the original four ( including the president).
What powers does the Constitution deny to the state government?
The state government may not coin or print money, enter into treaties with other nations, tax imports or exports, keep an army or navy in time of peace, engage in war unless invaded or immediate danger of being invaded.
The Anti-Federalists lost their battle to prevent adoption of the Constitution, Their struggle, however, permanently shaped the new Constitution. Explain how the ideas of theAnti-Federalists accomplished this. Anti-Federalists accomplished this.
The struggle was important because if they didn't go through the struggle then the executive branch will have too much power. It is relevant today because now the executive branch doesn't have too much powers, the powers of the different branches are all equal.
What was the disagreement about foreign affairs?
The war that had broken out between the British and France the Americans wanted a tight relationship with France, the country that had helped them in the Revolutionary war. But some wanted a tight relationship with Great Britain knowing that most of their army came from Great Britain and more trade was passed to and from England than it did France. The British agreed to leave the land held in America but would not stop and search ships coming to and from France for trading goods. 1st President did not want to take sides in this war so he remained neutral.
What powers did the people keep for themselves?
They have the powers to believe what we wish, form or join organizations, select our careers and live our lives as we choose, choose our friends, travel where we wish to go inside or outside the country, and raise a family.
What was the disagreement about the creation of the Bank of the United States?
Thomas Jefferson was against the use of the federal power to create a bank because he believed that the necessary and proper clause only allowed government to do those things that were absolutely necessary, and creating the bank did not pass the test.
Explain the major differences between a unitary form of government and a confederation.
Unitary government is a government in which a central government controls the state and local governments. But Confederation is where the states have control of everything that affects their citizens and territory.
