These are the written questions for my 2302 TBA students. I expect at least two full paragraphs for each question. You will note that some will require some research. Simple Google searches will give you the information you need to answer the questions. The questions all concern the United States Constitution which can be found in the appendix of your American Government textbook.
1-In Federalist #51 James Madison states that each institution created in the Constitution has a will of its own. What does this mean and how does the constitutional design make them each independent of the other two?
2-Using current events, provide examples of how each institution is independent.
3-The system of check and balances works by providing to each institution “the necessary constitutional means and personal motives to resist the encroachments of the others.” That’s how Madison puts it. How does this work?
4-Again using current events, give recent examples of each institution checking the others.
5-Section Eight of Article One lists the delegated powers of the national government while the 10th Amendment states that the rest of the powers are reserved to the states. Give current examples of controversies over laws on the national level and those on the state level.
6-What is the writ of the privilege of Habeas Corpus? Look for it in Section Nine of Article One. There have been controversies over it recently having to do with the treatment of detainees in Guantanamo. Outline the controversy.
7-Article Two lists the powers of the president. The fact that the executive powers are vested in one person has caused some to argue that the powers of the president can be expanded, perhaps indefinitely. This is called the unitary executive. Outline the controversies associated with this theory of executive power
8-Another recent controversy concerning executive power regards presidential signing statements. When a president signs a law, he generally issues a statement stating what he takes the law to mean. Some have argued that this power has been abused and that signing statements have been used as a way to ensure that the president does not have to follow laws he doesn’t want to. Outline the controversy.
9-Article Three states that the courts deals with what are called “cases and controversies.” What does this mean?
10-Article Three also states that judges and justices “shall hold their office during Good behavior.” Again what does this mean? How can we tell is a justice is behaving well?
