Zamora Government Short Answers

The differences between Hobbes and John are, Hobbes believed that human nature was nasty, that natural laws were great and did not need change. Locke however believed that human nature is shy and gentle, natural laws were great, but a new government was needed.

The Magna Carta established the principle of limited government and fair punishment for crimes and reasonable taxation that informed the founding fathers in designing the government. English Bill of Rights put in Civil Liberties and protections, many of which we find in our constitution such as the right to petition and prohibition of cruel and unusual punishment.

The structure of the Constitution is, the Preamble, the Articles and the Amendments. The Preamble states that the value and the purpose of the document, for the purpose was to unite the colonies under a more stronger union. It established justice and ensured the peace. The Articles set up the three branches and gave them their powers and limits.The three branches are the legislative branch, the executive branch and the Judiciary branch. Article I organizes congress and is the longest part of the constitution. Article II sets up the election of the president and retains the silence and ambiguity which leads to expansion of power during times of crisis; this is a privilege of the president. Article III sets up the Judicial branch which are the courts, the courts have two levels and three sources of law. The the sources of law are the common law, statutory law and the Constitution itself. The Articles also lay out the requirements for who can serve and how elections can be run. The Amendments are changes or additions to the constitution.

The advantages of federalism are that within the two levels (state & fed) ideas have room to grow and an opportunity. Governments can be more responsive for internal State needs. Big picture issues are handled by completely different gov.; National Gov. deals with issues on an international scale.

Both State and Fed Gov. are mirror images in many ways because, they are both designed based on the text of the Constitution and both have the three branches of government (Executive, Legislative & Judicial). Another thing that both governments share, is that their Legislative branch is bicameral. Bicameral means that the Legislative branch is made up of two houses; the upper house and the lower house.

The Electoral College is the process of states picking electors based on a method put in place by state legislatures. This guaranteed that each state would have as many electors as it had senators and representatives in Congress. Electoral votes per state are determined when counted in a joint session in Congress; the candidate who receives a majority of the electoral vote becomes the next President. One criticism of the Electoral College is, winner takes all because it falsely heightens the majority of who truly won the state.

The powers of the President are expanded during a time of crisis and are expanded to allow the president unlimited power of deciding how situation is dealt with; this is due to the War Powers Act.

1.) lay and collect taxes 2.) Pay Debts 3.) Provide for common defense and common welfare 4.) Have the sole power of impeachment

1.) Courts can declare something unconstitutional in regards to the President and Congress. An example is if a bill is trying to be passed, but it contradicts the Constitution. Courts are allowed this power because they are the \"keepers\" of the Constitution. 2.)The President can nominate judges. The president also has the power to veto bills passed by Congress and can implement the law. Implementing the law depends on reasources, popular vote and how much power their office has during presidency.

Article III Section II sets up the Supreme Court's jurisdiction All cases of law and equity arising under the Constitution means that cases that is a questionable violation of the Constitution and cases that one party is damaged somehow. 1.) Cases involving ambassadors, ministers and public consuls 2.) Cases involving admiralty and maritime jurisdiction 3.) Cases in which the U.S is a party 4.) Cases where states are suing each other 5.) Cases where citizens from different states are suing each other

1.) Know about the rights and laws 2.) Participation 3.) Taking an active part in exercising your rights 4.) Voting 5.) Obeying the law 6.) Civic Duties

Taxation: Congress was required to get the states approval to impose tax Economic Issues: the confederation also had no control over interstate or foreign trade National Debt: War had cost the Americans $190 million - Problems with Representation: The Articles didn't recognize the population differences among states since each state had only one vote.

Amendment 1 - The First Amendment protects the rights of every American. It defines the freedoms of religion, speech, and press. Most Americans believe that the First Amendment guarantees their most important rights. Amendment 2 - The Second Amendment guarantees Americans the right to bear arms, or own guns. Amendment 3 - The Third Amendment prevents the government from forcing citizens to shelter soldiers in their homes. Amendment 4 - The Fourth Amendment protects the privacy of American citizens. It prohibits, or prevents, unnecessary or unreasonable searches of a person's property. Amendment 5 - In the Fifth Amendment, all Americans are guaranteed the right to a fair and legal trial. It also protects someone from testifying against him- or herself under oath. Amendment 6 - A right to a speedy trial is guaranteed in the Sixth Amendment. Amendment 14 - The 14th amendment provides a broad definition of national citizenship, overturning the Dred Scott case, which excluded African Americans. It requires the states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions, and was used in the mid-20th century to dismantle legal segregation, as in Brown v. Board of Education. Its Due Process Clause has driven much important and controversial case law regarding privacy rights, abortion (see Roe v. Wade), and other issues.