4. The Constitutional Politics

Question 1

What were the main objectives of the founding fathers

Answer 1

1. To create a new system 2. Protect the commerce and property (interests of the wealthy) 3. Control populism and unrest among the masses 4. Prevent the new government from abusing its powers

Question 2

What is Article I?

Answer 2

The first article establishes the legislative branch of the federal government which is the Congress. The Congress is then divided into 2 houses–the house of Representatives and the Senate.

Question 3

What are the powers of Congress established in the first article?

Answer 3

Congress was tasked with creating laws, levying taxes, and setting the federal budget

Question 4

How many people are a part of the Senate and how many years can a member serve?

Answer 4

The Senate has 100 members and each member can serve 6 year terms

Question 5

How many people are a part of the House and how many years can they serve?

Answer 5

The House of Representatives consists of 435 members, and each member has a 2-year term

Question 6

What were the original differences between the House and the Senate?

Answer 6

House of representatives has a ‘direct’ election by the people whereas Senate members are appointed by state legislatures(a check on the masses). Also, the house of representatives have state representatives based on population whereas the Senate has equal representation (2 Senators for each state)

Question 7

What are the roles of the Senate?

Answer 7

They’re an advisory role to the executive branch. They approve treaties and executive nominations (like the Supreme Court)

Question 8

How were the Senators originally chosen?

Answer 8

They were originally chosen by state legislatures but then the 17th amendment was ratified and stated that Senators can now only be chosen by popular vote

Question 9

What is the necessary and proper clause?(also known as the elastic clause)

Answer 9

One of the most powerful clauses in the Constitution. The necessary and proper clause states that Congress can make laws that ensure that the powers listen in 1-17 can be carried out. It is essentially used to justify the gradual expansion of federal power

Question 10

How does the necessary and proper clause work

Answer 10

Expressed Powers + Necessary and Proper Clause=New Power

Question 11

What is Maryland and Mcculloch’s significance?

Answer 11

The Supreme Court held that the Necessary and Proper Clause gave Congress the right to create a National Bank

Question 12

What is Article II in the Constitution?

Answer 12

Article II establishes the Executive Branch

Question 13

What are the powers of the Executive Branch?

Answer 13

President, diplomacy, represents the US abroad, grant pardons, appoints head of the bureaucracy, approves legislation (veto power and co-legislative officer) and implement Federal Law(a type of Chief Executive Officer)

Question 14

What is Article III of the Constitution?

Answer 14

The 3rd Article establishes the Judiciary branch of Government (Federal Court System)

Question 15

What is the Supreme Court?

Answer 15

The highest Court in the land. Tasked with settling conflicts between states and deciding the verdict when conflict comes between state and federal laws

Question 16

How long do Supreme Court justices serve?

Answer 16

A lifetime

Question 17

What is judicial review?

Answer 17

the Federal Courts decide whether the laws passed by the States, Congress, and actions of the President are consistent with the Constitution and federal law.

Question 18

Who has the final say on the Constitutionary of the Law?

Answer 18

The Supreme Court

Question 19

Why did the Founding Fathers make it so that it would take a long time (because all branches would have to work together) to implement laws?

Answer 19

They intentionally made it inefficient because a slow government is less likely to be oppressive/abusive.

Question 20

How does the Separation of Checks and Balances work in principle?

Answer 20

Congress creates laws, collects and spends money, declares wars, and approves appointments. The President approves laws, oversees expenditures, manages war, implements law & appoints officers of gov. The courts are in charge of invalidating and interpreting the law

Question 21

What is the debate between federalists and anti-federalists?

Answer 21

The federalists were in favor of a strong national gov, centralized authority, economist elites, and an elite-based government. The anti-federalists were in favor of a weak national government, decentralized authority, and mainly favored by middle and lower classes.

Question 22

What is the process for amending the Constitution?

Answer 22

Article 5 establishes the process for amending the Constitution. One of the ways is through the Constitutional Convention (which was never used because the Constitution never stated how it would work). The way a Constitutional Convention could be called is by 2/3rd of state legislatures. The other way is by a 2/3 vote in both houses of Congress and approval of 3/4ths of state legislatures

Question 23

How many amendments have there been to the Constitution?

Answer 23

27

Question 24

How are the Constitutional Principles a balancing act?

Answer 24

The need for authority vs abuse of power
Distrust of the masses vs necessity of public support
Centralized vs decentralized gov (National gov vs State)

Question 25

What is separation of Powers?

Answer 25

the division of federal authority between the 3 branches of government. Each branch has separate governing responsibilities but at the same time, there is overlapping of governing responsibilities. The reason for this design is to prevent abuse of power. It’s often difficult for the federal government to take decisive action unless each branch agrees