We The People Eleventh Essentials Edition Questions
We The People Eleventh Essentials Edition Questions
ANSWER
Question 1: Judicial Restraint and Judicial Activism
- Judicial Restraint: This philosophy suggests that judges should interpret the Constitution and laws in a strict and literal manner. They believe that the courts should avoid making policy decisions and should defer to the decisions of elected officials. Judicial restraint advocates argue that the judiciary’s role is limited to interpreting the law rather than actively shaping it.
- Judicial Activism: This philosophy advocates for judges to interpret the Constitution and laws in a way that actively addresses societal and political issues. Activist judges are more likely to strike down laws that they see as unconstitutional or to interpret laws in ways that align with their own interpretation of justice, even if it involves policy-making. They believe that the courts have a role in shaping and advancing social change.
Example of Judicial Activism: One prominent example of judicial activism is the case of Brown v. Board of Education (1954), where the Supreme Court ruled that racial segregation in public schools was unconstitutional. The Court’s decision in this case overturned the precedent set by Plessy v. Ferguson (1896) and played a significant role in the desegregation of schools and the civil rights movement.
Question 2: Judicial Review
- Judicial Review: Judicial review is the power of the courts to review and potentially invalidate laws or government actions that they find to be unconstitutional. This power was established by the Supreme Court’s ruling in Marbury v. Madison (1803), in which Chief Justice John Marshall declared that the Court had the authority to review acts of Congress and determine their constitutionality.
Examples of Notable Judicial Review Cases: Besides Marbury v. Madison, other examples include:
- Dred Scott v. Sandford (1857): The Court ruled that enslaved individuals were not citizens and could not sue in federal court, and that Congress lacked the power to prohibit slavery in the territories.
- Roe v. Wade (1973): The Court established a woman’s legal right to have an abortion, based on the right to privacy.
- Citizens United v. FEC (2010): The Court ruled that political spending by corporations and unions is a form of protected speech under the First Amendment.
Question 3: Liberals, Conservatives, and Poverty
- Liberals and Poverty: Liberals tend to support a more robust government intervention in addressing poverty. They advocate for social welfare programs, healthcare access, and education initiatives to alleviate poverty and reduce income inequality.
- Conservatives and Poverty: Conservatives generally emphasize individual responsibility and limited government intervention. They might prefer policies that encourage self-reliance and economic growth, believing that these will eventually lead to decreased poverty rates.
“Philosophical Conservatives and Operational Liberals”: This phrase reflects the idea that while Americans might express conservative ideals, such as limited government, in practice they often support liberal policies like government-funded social programs.
Question 4: Policy Techniques
- The Three Techniques: The three broad techniques available to policymakers are: regulation, where the government sets rules and standards; spending, which involves allocating resources to specific programs; and taxation, where the government collects revenue to fund programs.
Examples:
- Regulation: Environmental protection regulations that set emission standards for industries.
- Spending: Funding for education programs or infrastructure development.
- Taxation: Implementing higher taxes on luxury goods to fund social programs.
Question 5: Governmental Actors in Foreign Policy
- Constitutional Distribution: The Constitution assigns foreign policy powers to multiple branches of government. The President holds authority as the Commander-in-Chief and chief diplomat, while Congress has power over funding, treaties, and declarations of war.
Examples of Governmental Actors:
- President: Negotiates treaties, appoints ambassadors, and plays a central role in foreign policy decision-making.
- Congress: Approves treaties, controls foreign aid and defense spending, and can declare war.
- State Department: Responsible for implementing foreign policy and diplomatic initiatives.
- National Security Council: Advises the President on national security matters.
Question 6: Tools of Foreign Policy
- Diplomacy: The use of negotiation and dialogue to resolve international disputes and build alliances.
- United Nations (UN): The UN plays a role in maintaining international peace and security, promoting human rights, and coordinating global efforts on various issues.
- International Economic Structure: After WWII, the U.S. played a key role in establishing international institutions like the International Monetary Fund (IMF) and the World Bank, aimed at stabilizing the global economy and providing financial assistance to countries in need.
Question 7: U.S. House of Representatives and Executive Branch
- Current Dilemma: Without specific context, I cannot address the current situation. However, a constitutional crisis might arise if the House of Representatives believes that the executive branch (the President) has engaged in actions that challenge the balance of power or violate the Constitution.
- Long-Term Consequences: Constitutional crises can undermine public trust, weaken institutions, and strain the separation of powers.
- House’s Options: The House can initiate impeachment proceedings or investigate executive actions.
- Possible Ramifications: Impeachment could lead to the removal of the President from office if found guilty by the Senate. Investigations could bring about transparency and accountability.
Please note that some of your questions are quite broad, and their answers could be more detailed depending on the specific context you’re studying. Always remember to refer to your textbook and class materials for the most accurate and comprehensive information.
Question Description
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Federal Govt. Test 4 Chapters 12-14
Book- We The People, Eleventh Essentials Edition.Benjamin Ginsberg, Theodore J. Lowi, Margaret Weir, Caroline J. Tolbert,and Robert J. Spitzer. W. W. Norton & Company, Inc.
1. There are different kinds of judicial philosophy in how to interpret the law. Outline the theories of judicial restraint and judicial activism. Discuss an example of the Supreme Court employing judicial activism. Be specific.
2. Analyze the exercise of judicial review. What is judicial review, what are its origins, and why has it remained an unquestioned power of the courts for so long? Provide some examples of notable uses of judicial review in Supreme Court history.
3. In what ways do liberals and conservatives tend to react differently to poverty and social policies? What does it mean to say that Americans are “philosophical conservatives and operational liberals”? Which kinds of programs do Americans typically prefer?
4. There are three broad techniques available to policy makers in their attempt to achieve their goals. Discuss these three techniques and give examples of each.
5. Who and what are some of the most important governmental actors in American foreign policy? How does the Constitution distribute the responsibility for formulating foreign policy? In your answer, be sure to identify specific actors in the various branches of the U.S. government and to discuss the specific roles these actors play in determining foreign policy.
6. Describe some of the tools that the United States has used to conduct foreign policy. What is the role of diplomacy? What has been the influence of the United Nations (UN) since it was created? What did the United States do to create a new international economic structure after World War II?
7, What is the current dilemma facing the U.S. House of Representatives regarding the executive branch of the federal government? Why is it considered by many as a constitutional crisis? What are potential long-term consequences of the “crisis?” What are the House’s options? Explain the possible ramifications of each.
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