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Name:

Institution:

Course:

Date:

The United States Government.

Identify the four theorists who influenced the foundations of American government and

define the main characteristics of each theory. For each theorist, identify at least one aspect

of the U.S. Constitution that flows directly from his or her influence on the framers.

The foundations of the U.S government was influenced by John Locke, Jean-Jacques Rousseau,

Thomas Paine and Thomas Hobbes. Hobbes argued that people formed governments in order to

satisfy their pragmatic interests. He suggested a robust central government that controlled all

parts of the society. John Locke wrote on the social contract theory suggesting that it was right

for individuals to give up some of their rights in exchange for protection from the government.

The social contract theory provided the foundation for a government that worked with consent

from the governed. Thomas Paine is remembered as a visionary political thinker who altered the

social and political landscape of the 18th century. He advocated for independence during the

American Revolution in 1776. Rousseau disapproved the belief that God appointed kings to rule

over man. He argued that only people are sovereign thus advocating for direct rather than

representative democracy (Gill).

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Compare the U.S. Constitution’s “necessary and proper” clause, the “full faith & credit

clause” and the “supremacy clause”. Identify the implications of each clause on the modern

concepts of federalism.

The “necessary and proper” clause grants power to the Congress to make laws necessary in

“carrying into execution the preceding powers” The clause has been used by the congress and the

legislature to increase their decision-making power thus restricting various individual rights. .

“Full Faith and Credit” clause suggests that “full credit and faith shall be given in each State to

the public Acts. And the Congress may prescribe the Manner in which such Acts shall be proved,

and the Effect thereof”. This clause ensures that the court honors the court judgment of other

courts. The supremacy clause states that the Constitution binds all the treaties and laws made in

accordance to the same constitution. In cases of conflict between the local and the national

government the clause embodies the strategy that both governments should be allowed to act

without mutual interference. However, in times of serious conflicts, one governments’ act should

be given primacy over the other governments’ act

(John)

The United States has a federal system of government in which power is shared by national

and subnational political units. Discuss the evolution of federalism, beginning with the

Constitutional foundations of federalism and ending with the current movement. Give an

example of a contemporary political issue that illustrates the tension of federalism issues.

The dual federalism era (1789-1901) was characterized by little collaboration between various

governments. 1901-1960 marked the cooperative federalism period where there was great
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collaboration between different levels of the government. The social and economic difficulties of

this era were solved through the authorization of grant-in-aid and national income tax system.

The creative federalism era (1960-1968) saw a shift in the power relationship between various

government levels. This was achieved through the expansion of the grant-aid system. The period

between 1970 and the present day marked the contemporary federalism era.. An example of an

issue related to the contemporary era is the Obama care cases. In 2012, the court had to consider

whether the affordable care act exceeded the boundaries of the federal authority. This case was

reviewed under the provisions of the constitution which stated the relationship between different

government levels.

St. Petersburg College, a state supported institution, passed a College wide rule that

prohibits College community rooms from being used for the newly formed Squirrel Love

faith group. The College justifies its rule on the fact that state monies support the school

and that the ban is necessary to comply with the First Amendment. Is the College’s action’s

constitutional? What test would the Court use to evaluate whether this ban violates the

First Amendment? What would the outcome be of this test? Make sure you articulate what

part of the First Amendment this invokes, what are the particulars of the test, apply the

test and analyze for full points.

The colleges’ action is fair in its actions as the first amendment clearly states that the Congress

shall not prohibit people who assemble peacefully. However, the verdict has to be from the court

that analyzes the situation in the best way possible. The court will seek testimony and views

from the administration as well as the students of the college. If the group does not course

disturbances whatsoever to the other students, the group will be allowed. The situation is
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challenging as the amendment neither promotes nor restricts an individual’s religion practices

(Cornel University).

A highly volatile area of constitutional interpretation is the First Amendments mandate

that “Congress shall make no law…abridging the freedom of speech or of the press.” Yet,

not all speech is protected. What speech is protected and what is not.

The press is allowed to speak freely on whatever they want. However, publishing of illegal,

improper or mischievous work results into punishable acts. Previous restraint does not confine

Prohibition of laws to this freedom ; that is because in every situation, the character is different

and thus his intentions are most likely different from those of the past (Cornel University).

The U.S. Constitution speaks to the rights of the criminally accused. What are the

Amendments that provide for those rights? Identify any judicially adopted rules that are

created to deter constitutional violations. Is the Constitution’s preoccupation with the

rights of criminally accused evidence of the framers commitment to Negative rights (make

sure you define Negative Rights)?

The amendments that provide constitutional bases of the rights Americans can claim in cases

where one is accused of a felony are the 4th- 6th and the 8th. The fourth amendment denies the

government the right to make general searches as well as seizure peoples properties. However,

the Supreme Court allows the search of: the accused, things present around the accused, places

where danger is purported to be and things that are in the accused “immediate control”. The Fifth

Amendment forbids double jeopardy as well as the accusation of an individual to committing a

crime without investigation. The amendment grants the right to defendants refraining from

testifying against themselves. The 6th amendment grants the accused the right to counsel
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assistance for his/her defense. The 8th amendment prohibits unusual and cruel punishments. The

judiciary has adopted many rules that deter constitutional violations. An example includes the

“state action” whereby police officers are required to exercise their duties within the legally

agreed law, failure to which the evidence they collect is deemed inadmissible. A negative right

refers to the right not to be subjected to the actions of another individual or group. No, the focus

on negative rights is a means of ensuring that people are not wrongfully prosecuted for the acts

they did not commit or were even unaware of (American Government).

The 14th Amendment prohibits states from abridging “the privileges or immunities of

citizenship” or depriving “any person of life, liberty, or property, without due process of

law.” The U.S. Supreme Court has interpreted that to mean that separate is never equal

(Brown v Board of Education overruled Plessy v.Ferguson). With this in mind, is

affirmative action a natural successor to Brown v. Board? Can you reconcile affirmative

action with the 14th Amendment? Why or why not?

Yes, affirmative action is a natural successor to the Brown V .board. Yes, reconciliation is

possible since the amendment supports the protection of the right of every individual regardless

of their differences (Ricks).

The U.S. Constitution calls for a census every 10 years. Apportionment occurs shortly

thereafter. Discuss census, apportionment and redistricting and the constitutionality of

gerrymandering.

Census is done so as to systematically acquire and record information of its population.

Apportionment is the process whereby decennial census is conducted to determine the number of

representatives to which each state is entitled. The results are usually submitted to the president
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by December 31st of the census year. Redistricting is the process of redrawing boundaries for

which people elect their leaders for example a school board or even a city council. The data of

this process is submitted to census officials within a period of one year. Gerrymandering involve

the actions of curving out legislative districts for the purposes of gaining political advantage. By

curving, the districts, the political leaders are able to determine the voters they will handle during

election periods (Politics and Policy).

Identify & discuss Congress’s constitutionally created checks on both the President and the

Judiciary

Checks and balances is a system created by the framers, in order to allow the branches of the

government (The Executive, The Legislature and The Judiciary), to influence each other’s

actions in an orderly and predictable manner. For example, the president, as the chief

commander of the armed forces, possesses great power during the war. Therefore, the Congress

decided to check his powers by ruling that only the Congress can declare war as well as pay for

the war expenses (National Center for Constitutional Studies).

Argue for or against the Constitutionality of executive orders. Does this tip the balance of

power for the Presidency? Identify a controversial executive order and discuss whether it

erodes the separation of powers principles embodied in our Constitution.

Executive orders are meant to be passed by the Congress and executed by the president.

However, the president may decide to execute against the laws. These tips favor to the president.

However, it is on rare occasions that the president executes while undermining his rule of law.

An example is when President Obama deferred the deportation of 5million immigrants. Many
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people argued that he was undermining the rule of law. According to my opinion, the president

has the power to make policies on which violations to prosecute or which to ignore (Somin).
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Works cited:

Gill, Kathy. US Political Theory. About News. 2015. Web. 27 Oct. 2015. <

http://uspolitics.about.com/od/usgovernment/tp/foundational_thinkers.htm >

John, Herbert. Politics and Law. Encyclopedia Britannia. 2015. Web. 27 Oct. 2015.<

http://www.britannica.com/topic/constitution-politics-and-law >

Exploring Constitutional Conflicts.The Necessary and Proper Clause. Exploring Constitutional

Conflicts. Web. 27 Oct. 2015. <

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/nec&proper.html >

Bailey, Bill. The Necessary and Proper Clause. The Federalist Papers. Web. 27 Oct. 2015. <

https://www.thefederalistpapers.org/history/the-elastic-clause-the-necessary-and-proper-clause >

Findlaw.Article IV - U.S. Constitution. Findlaw. Web. 27 Oct. 2015. <

http://constitution.findlaw.com/article4.html >

The Heritage. Supremacy Clause. The Heritage Guide to Constitution. 2012. Web. 27 Oct. 2015.

< http://www.heritage.org/constitution#!/articles/6/essays/133/supremacy-clause >

Boyd, Eugine. American Federalism.USembassy. 6 Jan. 1997. Web. 27 Oct. 2015. <

http://usa.usembassy.de/etexts/gov/federal.htm >

Ryan, Erin. Obamacare and Federalism’s Tug of War Within. Penn Programme on Regulation.

21 July 2012. Web. 27 Oct. 2015.< http://www.regblog.org/2012/06/21/21-ryan-federalism/ >

Cornel University. First Amendment. Cornel University Law School. 1992. Web. 27 Oct. 2015.

< https://www.law.cornell.edu/constitution/first_amendment >

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. American Government.Crime and Due Process. American Government. 2014. Web. 27 Oct.

2015. < http://www.ushistory.org/gov/10c.asp >

Ricks, Irelene. A Brief History of Affirmative Action in the United States. ncbi. 2004. Web. 27

Oct. 2015. < http://www.ncbi.nlm.nih.gov/pmc/articles/PMC520836/ >

United States Census.What Is the Difference between Apportionment and Redistricting? United

States Census. Web. 27 Oct. 2015.

< https://ask.census.gov/faq.php?id=5000&faqId=985 >

Politics and Policy.Gerrymandering - Proving All Politics Is Local. Politics and Policy. Web. 27

Oct. 2015.

< http://politicsandpolicy.org/article/gerrymandering-proving-all-politics-local >

National Center for Constitutional Studies.Checks and Balances. National Center for

Constitutional Studies. Web. 27 Oct. 2015 < https://www.nccs.net/checks-balances-limited-and-

balanced-government.php >

Somin, Ilya. Why Obama's Immigration Policy Is Constitutional. Reason. 16 Dec. 2014. Web. 27

Oct. 2015. < https://reason.com/archives/2014/12/16/why-obamas-immigration-policy-is-

constit#.t4nwbl:yy6N >