Question 1

Hamilton argues that the judiciary is the weakest branch of the government in _________.

Accepted Answer

In Federalist No. 78, Alexander Hamilton argues that the judiciary is the weakest branch of government because it has "no influence over either the sword or the purse" and relies on the executive to enforce its judgments.

Question 2

According to the authors, why did the writers of the Constitution create such a difficult amendment process?

Accepted Answer

The authors of the Constitution wanted to protect it from short-lived or temporary passions. They believed that the Constitution should be a stable and enduring framework for the government, not subject to frequent revisions based on the whims of the majority. Therefore, a difficult amendment process was created to ensure that any changes to the Constitution were well-considered and reflected the long-term interests of the country.

Question 3

The most effective complaint raised by the Anti-Federalists against the proposed Constitution in 1788 was _______.

Accepted Answer

The lack of a bill of rights to protect individuals against abuses by the government was the most effective complaint raised by the Anti-Federalists as it highlighted a significant weakness in the proposed Constitution. They argued that without such protections, the federal government could potentially become tyrannical and violate the rights of citizens. This criticism ultimately led to the adoption of the Bill of Rights, which addressed concerns about individual liberties and helped to ensure the ratification of the Constitution.

Question 4

Under which interpretation method would the Court give the federal government considerable implied powers to regulate the economy?

Accepted Answer

Loose Construction involves interpreting the Constitution broadly and giving the federal government expanded powers. This includes the implied powers doctrine which allows the federal government to take actions beyond those explicitly stated in the Constitution, such as regulating the economy.

Question 5

The concept of strict construction requires that the Constitution __________________.

Accepted Answer

Strict constructionism holds that the Constitution should be interpreted based on its original meaning at the time it was adopted, and changes should be made through the formal amendment process rather than through judicial interpretation or discretionary Congressional actions.

Question 6

Which of the following is not true concerning the Bill of Rights in the U.S. Constitution?

Accepted Answer

The Bill of Rights was not a prominent element of the new Constitution and was not written into the document early in the process. In fact, the decision to add a Bill of Rights was not made until after the Constitution had been ratified by the states.

Question 7

In 1776, delegates to the Second Continental Congress appointed a committee to draft a document that would state their list of grievances and articulate their intention to seek independence. List the writers of the Declaration of Independence, and name the primary writer and the reasons for (and objections to) his prominence. Discuss the philosophies and theories embodied in this revolutionary document.

Accepted Answer

The answer of In 1776, delegates to the Second Continental...

Question 8

Compare and contrast the rhetoric of the Federalist and Anti-Federalist movements. Who made up the body of each group? What did they think about the proposed Constitution? What were some of the primary arguments on each side?

Accepted Answer

The answer of Compare and contrast the rhetoric of the...

Question 9

The 1819 Supreme Court ruling in McCulloch v. Maryland seemed like a minor issue, but the ruling had a long-lasting impact. What was the primary impact of this ruling?

Accepted Answer

The primary impact of the McCulloch v. Maryland ruling was the establishment of the concept of implied powers, which held that Congress has the authority to create laws necessary and proper to carry out its delegated powers. This decision expanded the federal government's powers and provided a broader interpretation of the Constitution. This decision is closely associated with Chief Justice John Marshall's view of a "living" Constitution, which adapts to changing circumstances rather than remaining static. The ruling also upheld the constitutionality of the Second Bank of the United States.

Question 10

Hamilton expressed the view that the executive must be a single person in order to realize "energy," which "is a leading character of good government." Analyze the experience of the United States under the Articles of Confederation, as compared to the experience of the United States under the current Constitution, to show whether or not events supported Hamilton's position.

Accepted Answer

The answer of Hamilton expressed the view that the executive...

Question 11

What is the difference between enumerated and implied powers? How do these different concepts of political power impact the balance of power within the federal system of governance? Provide some examples.

Accepted Answer

The answer of What is the difference between enumerated and...

Question 12

Americans, especially legal scholars, view the U.S. Constitution in different ways. Discuss the differences between the theories of strict constructionism versus the living constitution.

Accepted Answer

The answer of Americans, especially legal scholars, view the U.S....

Question 13

What has been the most common method used to amend the U.S. Constitution?

Accepted Answer

The most common method used to amend the U.S. Constitution is through a two-thirds vote of both chambers of Congress, followed by ratification by three-fourths of state legislatures. This method has been used for 26 out of the 27 amendments to the Constitution, with only the 21st Amendment being ratified through a different process.

Question 14

Describe the ways in which Madison's view that a "multiplicity of interests" could significantly reduce the possibility of a majority emerging to oppress individual rights. Explain the reasons both in favor of and opposed to his analysis.

Accepted Answer

The answer of Describe the ways in which Madison's view...

Question 15

The U.S. Constitution was created through much compromise. Discuss some of the important compromises that developed during the Constitutional Convention in Philadelphia in the summer of 1787. How did these compromises impact our structure of government and its daily functions? Do you see this same type of compromise in the daily operations of government?

Accepted Answer

The answer of The U.S. Constitution was created through much...

Question 16

Describe the principles of separation of powers and checks and balances. How have they evolved? How have they been incorporated into the Constitution? Do you think the views expressed in Federalist 10 and Federalist 51 have been satisfied with the current design and function of government?

Accepted Answer

The answer of Describe the principles of separation of powers...

Question 17

Describe the theory of separation of powers and how the Constitution achieves this principle. Explain how each of the institutions plays a role in the process. Upon review of the Constitutional design, does any one institution appear the strongest or weakest branch of government? Explain why.

Accepted Answer

The answer of Describe the theory of separation of powers...

Question 18

Including the Bill of Rights, the U.S. Constitution has __________ Amendments.

Accepted Answer

The U.S. Constitution has 27 Amendments, including the Bill of Rights.

Question 19

The Constitution was originally ratified as a document that did not contain a Bill of Rights. While amending the Constitution to provide for an enumeration of these rights was essential to ratification, many of the drafters of the document originally argued that it was not a necessary component, and indeed should not be part, of the Constitution. Describe how the federal government (from the standpoint of each of the three branches) might operate in the absence of a Bill of Rights. Explain your views on whether the Bill of Rights is an essential aspect of the Constitution.

Accepted Answer

The answer of The Constitution was originally ratified as a...

Quiz 2: The Founding and the Constitution