APG Unit 1: Foundations of Government Problem Set Packet #1 Packet Due Date:

Transcription

1 APG Unit 1: Foundations of Government Problem Set Packet #1 Packet Due Date: Name Date Period Chapter Title Status/Point Value 1 1 The Four Theories of Democracy (must use the internet) 2 2 Four Political Thinkers 2 3 Four Documents Influence on The Declaration of Independence 2 4 The Articles of Confederation and the Constitution Compared 2 5 The Preamble and the Three Branches of Government 2 6 Find it in the Constitution 2 7 Amending the Constitution 3 8 Federalism 5 points. 3 points. Total /40 9 -Foundational Documents Status/Point Value Federalist No. 10 and Brutus No. 1 Compared Total /5 10 -SCOTUS Case Title Status/Point Value McCulloch v. Maryland -Required United States v. Lopez -Required Suggested SCOTUS CASES -Complete ALL of them and earn 5 bonus points! Total / CER Status/Point Value Attend a THS School Site Council Meeting or a Tehachapi Unified School District Meeting Total /20

2 1 The Four Theories on Democracy Part I Directions: Use the textbook and the internet to summarize each theory. Please include an example for each. Flip sheet over for the second part. Use the Internet!!! Traditional Pluralist Elite/Class Hyperpluralism

3 Part II Directions: Compare and contrast the differences and similarities between all four theories and answer the following questions. Use the Internet!!! Pluralist 1. What are some striking differences between the four theories? Explain 2. In your opinion, what is the biggest issue facing each theory? Explain. Traditional Elite/Class Pluralist Differences Similarities Hyperpluralism 1. What are some striking similarities between the four theories? Explain. Traditional Elite/Class 2. In your opinion, what is the biggest contribution that each theory brings to the table? Explain. Hyperpluralism

4 2 Four Political Thinkers

5

6 Document 1 3 Four Documents Influence on the Declaration of Independence

7 Document 3

8

9 Document 4

10 Document 5

11 Document 6: The Declaration of Independence (DI) Visit Use the DI and the five other documents presented to you complete the chart and to answer the questions below. Name of Document Key Phrase(s) Evidence in Declaration of Independence Connection/Analysis: Explain the differences/similarities between the source and the DI Document 1: Locke s 2 nd Treatise Document 2: Intro/excerpt from Common Sense Document 3: Mass. Slave Petition Document 4: Malden Statement of Independence Document 5: Virginia Declaration of Rights 1. Why write a preamble? What was the purpose of it? 2. List 5 complaints and restate these complaints in modern English. 3. What are the prior attempts to redress grievances? 4. What will change in the colonies because of the DI?

12 4 The Articles of Confederation and the Constitution Compared Directions Please visit our class website to find the Foundational Documents for the Articles of Confederation and the Constitution. Complete the AC one first, then when we are done with the Constitution, come back to this assignment and complete the information for the Constitution. Articles of Confederation Constitution Levying Taxes Federal Courts Regulation of Trade Executive Amending the Document Representation of States 1. How did the Constitution strive to correct the perceived mistakes in the AC? 2. Did the Constitution address all of the issues that you identified above? If no, which ones were left out in your opinion? 3. How is the Constitution different from the AC?

13 5 The Preamble and the Three Branches of Government Outline

14 Article Number: Article Name: Commonly Called: Requirements of Members in : Requirements of Members in : Powers Given to : Powers Given to : Checks on Other Branches: Article Number: Article Name: Requirements of Members: Powers Given to : Checks on Other Branches: Intra-Branch Checks (if any): Article Number: Article Name: Requirements of Members: Powers Given to : Checks on Other Branches: Intra-Branch Checks (if any):

15 6 Find it in the Constitution Problem Set Part 1: Listed below are the powers that are delegated or denied in the Constitution. Identify who has the power and where the source of the power can be found in the Constitution. An example is provided. C = Congress (as a holistic unit) H = House of Representatives S = Senate P = President X = Power denied to the government Power Who Has the Power Source Declare war C Art. 1, Sec 8 Appoint judges to federal courts Award titles of nobility Admit new states to union Establish a system of post roads Regulate foreign trade Place a tariff on exports Enforce laws passed by Congress Create federal courts Establish an army and navy Nominate Ambassadors Establish a post office Borrow money Give state of the nation address Lead the army and navy Censor a book or newspaper Coin money Make treaties with foreign nations Establish laws on copyrights Make rules for people who go Bankrupt

16 Part 2: Use your Constitution Quest to answer the following questions in a quick, precise statement. 1. Can a president veto a bill without returning it to Congress? 2. What is treason? Why is it so clearly yet unclearly defined? 3. How can the Constitution be amended? What is the purpose of this? 4. Where must all laws dealing with money originate? Why? 5. Can a bill become a law without the president s signature? Explain. 6. How many senators are elected at anyone election? How many members of the House of Representatives? 7. Who has the power to levy taxes? Why? 8. Who determines the qualifications of the members of Congress? 9. When can a Congressman be arrested? 10. Can the president veto a bill passed by Congress? How can it be passes over his veto? 11. Does the Constitution allow for the direct election of the president? What does it call for? 12. Who hears trial cases between different states or citizens of different states? 13. What is the term of office for members of the federal judiciary? 14. What is the proof of treason? 15. Why is a person with a driver s license from Oregon able to legally drive in Missouri? 16. How do the states get the powers that are not specifically delegated to the federal government? 17. What is habeas corpus? When can it be suspended? 18. What is a bill of attainder? What is an ex post facto law? Are they allowed? 19. What restrictions are placed on members of Congress when speaking in Congress? 20. Who may impeach a government official? Who will hold the trial of an official who has been impeached? 21. Can the number of United States senators from any state be reduced? Why. 22. Where in the Constitution is the principle of judicial review? Explain. *Now go back to Problem Set #4 and complete the side for the Constitution*

17 7 Amending the Constitution Problem Set Part I Directions: Article V in the Constitution proposes two ways for the amendment process. Read Article V and complete the following questions with a partner. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. -Article V U.S. Constitution Article V of the Constitution spells out the processes by which amendments can be proposed and ratified. To Propose Amendments In the U.S. Congress, both the House of Representatives and the Senate approve by a two-thirds supermajority vote, a joint resolution amending the Constitution. Amendments so approved do not require the signature of the President of the United States and are sent directly to the states for ratification. Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.) To Ratify Amendments Three-fourths of the state legislatures approve it, or Ratifying conventions in three-fourths of the states approve it. This method has been used only once -- to ratify the 21st Amendment -- repealing Prohibition. The Supreme Court has stated that ratification must be within "some reasonable time after the proposal." Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a "reasonable time" might extend. Of the thousands of proposals that have been made to amend the Constitution, only 33 obtained the necessary two-thirds vote in Congress. Of those 33, only 27 amendments (including the Bill of Rights) have been ratified. The Formal Amendment Proposal/Ratification Process: The Key to the Living Constitution I. The Amendment Process A. An amendment is B. National amendment procedure is laid out in of the Constitution II. To Purpose an Amendment via the Constitution (propose) -OR- Example: Example:

18 III. To Ratify an Amendment via the Constitution (make proposal legit) Example: -OR- Example: Informal Amendment Proposal Process (need to use your notes/textbook for the following) I. Judicial Interpretation Definition: Example: II. Social and cultural change Definition: Example: 1. Why is it important to keep the Constitution a flexible document? 2. Name the specific amendments that have changed previous sections of the Constitution: 3. Do you think the Constitution could ever been changed to the point of unreasonableness? Explain. 4. What are the two methods in Article V of proposing constitutional amendments? 5. What are the two methods in Article V of ratifying constitutional amendments?

19 6. What is the role of the President in amending the Constitution? 7. What is the role of the Supreme Court in amending the Constitution? 8. Can the Constitution be amended in such a manner so as to completely exclude any role for the national government of the United States? Explain why or why not. Part II Directions: Amendments can be classified into seven groups by function or purpose. Match each classification listed on the right with the appropriate group of amendments on the left. 1. Amendments 15, 17, 19, 23, 24, and Amendments 3,4,5,8,10,11, and Amendment Amendments 16 and Amendments 12, 20, and Amendments 1, 2, 6, 7, and 9 7. Amendments 13 and 14 A. Amendments that add power to the national government. B. Amendments that deny power to the national government C. Amendments that limit the power of state governments. D. Amendments that expand the electorate E. Amendments that reduce the power of the electorate F. Amendments that make changes in the machinery of the government G. Amendments that protect the rights of the individual.

20 8 Federalism Problem Set Although the term federalism is not found in the United States Constitution, it is clearly defined in the delegated, concurrent, and reserved powers of the national and state governments. (See Figure 7-1.) delegated powers expressed, or enumerated powers, those specifically given to the national government (Articles I V) implied powers although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18 the Necessary and Proper Clause, or Elastic Clause) inherent powers powers that exist for the national government because the government is sovereign concurrent powers powers that belong to both the national and state governments reserved powers powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states (Article IV; Amendment 10) prohibited powers powers that are denied to the national government, state governments, or both (Article I, Sections 9 and 10; Amendments) For example, neither the national government nor state governments may pass an ex post facto law or a bill of attainder. Federalism in Practice Interstate Relations Article IV of the Constitution addresses the issue of relationships between the states. It offers several provisions: Full Faith and Credit Clause States are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers' licenses, wills. Privileges and Immunities Clause States are prohibited from unreasonably discriminating against residents of other states. Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts (does not extend to political rights such as the right to vote or run for political office, or to the right to practice certain regulated professions such as teaching). Extradition States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state. interstate compacts States may make agreements, sometimes requiring congressional approval, to work together to solve regional problems. Some examples are "hot-pursuit agreements," parole and probation agreements, the Port Authority of New York and New Jersey, and regulating the common use of shared natural resources.

21 Guarantees to the States Article IV of the Constitution provides national guarantees to the states: republican form of government protections against foreign invasion protections against domestic violence respect for the geographic integrity of state Some of the advantages and disadvantages of federalism are shown in Figure 7-2. Establishing National Supremacy Article VI of the United States Constitution contains the Supremacy Clause, which helps to resolve conflicts between national and state laws. Because two levels of government are operating within the same territory and over the same people, conflicts are bound to arise. The Supremacy Clause states that the Constitution, its laws and treaties shall be the "supreme law of the land." The Supreme Court upheld this supremacy in McCulloch v. Maryland (1819). The Supreme Court continued to expand the powers of Congress over interstate commerce in Gibbons v. Ogden (1824). McCulloch v. Maryland (1819) The Supreme Court dealt with the issues of the Necessary and Proper Clause and the Supremacy Clause when Maryland imposed a tax on the Baltimore branch of the Second National Bank of the United States. Chief cashier James McCulloch refused to pay the tax, Maryland state courts ruled in the state's favor, and the United States government appealed to the Supreme Court. The Marshall court ruled that although no provision of the Constitution grants the national government the expressed power to create a national bank, the authority to do so can be implied by the Necessary and Proper Clause (Article I, Section 8, Clause 18). This ruling established the implied powers of the national government and national supremacy, the basis used to strengthen the power of the national government. Gibbons v. Ogden(1824) At issue was the definition of commerce and whether the national government had exclusive power to regulate interstate commerce. The New York legislature gave Robert Livingston and Robert Fulton exclusive rights to operate steamboats in New York waters and Aaron Ogden the right to operate a ferry between New York and New Jersey. Thomas Gibbons had received a national government license to operate boats in interstate waters. Ogden sued Gibbons and won in the New York courts; Gibbons appealed to the Supreme Court. The Marshall court defined commerce as including all business dealings, and the power to regulate interstate commerce belongs exclusively to the national government. Today, the national government uses the commerce clause to justify the regulation of numerous areas of economic activity. Federalism Today Since the founding of the United States, society has changed, and federalism has evolved to meet the changes and challenges. Dual Federalism The earliest ( ) interpretation of federalism is the concept of dual federalism, which views the national and state governments each remaining supreme within their own sphere of influence. This form of federalism is often referred to as

22 "layer cake federalism," because each level of government is seen as separate from the other, with the national government having authority over national matters and state governments having authority over state matters. The early beliefs that states had the sole responsibility for educating their citizens and the national government had the sole responsibility for foreign policy issues are examples of dual federalism. Cooperative Federalism In the 1930s the interpretation of federalism shifted to that of the national and state governments sharing policymaking and cooperating in solving problems. Cooperative federalism or "marble cake federalism" as it came to be known, grew from the policies of the New Deal era and the need for the national government to increase government spending and public assistance programs during the Great Depression. The cooperation of the national and state governments to build the national interstate highway system is an example of cooperative federalism. The expansion of cooperative federalism during (President Lyndon B. Johnson's) Great Society required even greater cooperation from the states in return for federal grants. New Federalism During the administrations of Richard Nixon, Ronald Reagan, and George H.W. Bush the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be spent. The term devolution a transfer of power to political subunits has been used to describe the goals of new federalism. An example of new federalism is welfare reform legislation, which has returned more authority over welfare programs to the states. The national government directed where much of the money should be spent in the stimulus-spending bills during the first year of the Obama administration. Fiscal Federalism The national government's patterns of spending, taxation, and providing grants to influence state and local governments is known today as fiscal federalism. The national government uses fiscal policy to influence the states through granting or withholding money to pay for programs. grants-in-aid programs money and resources provided by the federal government to the state and local governments to be used for specific projects or programs. The earliest grants often covered public works projects such as building canals, roads, and railroads, and land grants for state colleges. categorical grants grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require "matching funds" from the state or local governments; categorical grants may be in the form of project grants (awarded on the basis of a competitive application, such as university research grants) or formula grants (awarded on the basis of an established formula, such as Medicaid). block grants general grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; fewer strings attached so state and local governments have greater freedom in how the money is spent; preferred by states over categorical grants. revenue sharing proposed under the Johnson administration and popular under the Nixon administration, a "no strings attached" form of aid to state and local governments; could be used for virtually any project but never exceeded more than two percent of revenues; eliminated during the Reagan administration. mandates requirements that are imposed by the national government on the state and local governments; for example, the Americans with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities. Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates). After the mid-term elections of 1994, the Republican-controlled Congress passed the Unfunded Mandate Reform Act, which imposed limitations on Congress's ability to pass unfunded mandate legislation. Review Questions: 1. In what ways does federalism decentralize politics and policies? 2. What is the significance of the tenth amendment? How does this apply to the differences between Republicans and Democrats? 3. Explain the difference between enumerated powers and implied powers.

23 4. How is dual federalism analogous to a layer cake and how is cooperative federalism analogous to a marble cake? 5. Explain the two types of categorical grants. 6. What are federal mandates and what purpose do they serve? 7. What reasons might a state or locality not want to receive federal aid? 8. List four advantages of federalism for democracy 9. List four disadvantages of federalism for democracy. 10. What does the Full Faith and Credit clause of the Constitution mean? Source: Pamela K. Lamb

24 9 -Foundational Documents Directions Compare and contrast Federalist No. 10 and Brutus No. 1 using the following info-graph and questions. Federalist No. 10 Brutus No 1. Questions Please visit our homepage and view the PDF document on Brutus No. 1. Use this document to answer the following questions. 1. Which form of government (a large national republic or a confederation of small republics) is more likely to preserve and protect personal liberties and why? 2. Can a larger republic, based on the principle of consent of the governed, sufficiently protect the rights and liberties of the individual states and people, or is a confederation the only method of securing such liberty?

25 3. Should the federal legislature be able to repeal state laws in order to impose federal laws for the purpose of promoting the general welfare or common defense of the nation? If so, why? If not, why? 4. Brutus argues that in a republic, the manners, sentiments, and interests of the people should be similar if not, there will be a constant clashing of opinions and the representatives of one part will be constantly striving against the other. Should a republic be made up of a small group of like-minded people? Or, is diversity of opinion beneficial to the success of a federal government? 10 -Required and Suggested SCOTUS Cases Required SCOTUS Cases Use the SCOTUS case briefs to complete the required information below Case/Important Information Primary Legal Principal(s) Importance of case for Federal/State Relationship (Power Shifts) McCulloch v. Maryland United States v. Lopez

26 Suggested SCOTU Cases Use the SCOTUS case briefs to complete the required information below. Note: These are not required reading, BUT you should read the following courses and complete the information. Case/Important Information Primary Legal Principal(s) Importance of case for Federal/State Relationship (Power Shifts) Marbury v. Madison Barron v. Baltimore Gibbons v. Ogden 11 CER Your first CER is attending a THS School Site Meeting (you will have to get teacher permission for this) or a TUSD School Board Meeting (I prefer this). You will be responsible to taking notes during a 30min. time window. Time-tag your notes in the method outlined below every five minutes. What I think will happen Notes Complete in this format: 5:05-Pledge of Allegiance to the Flag and opening comments 5:10-School Board addresses first topic school lunches. Mr. Smith gives his accounts about school lunches (not healthy, cost to much, etc.). You should take notes every 5 minutes during your half-hour time period. Write these on a separate sheet of paper if needed. On a separate sheet of paper elaborate on how your experiences connects to what we are covering (or have covered) in class. Be insightful and use examples from your notes, our class discussions and your general knowledge of the political system (this means use examples) the purpose of this assignment is for you to grow as a political being.