Homework....
http://www.washingtonpost.com/wp-dyn/content/article/2006/09/07/AR2006090700837.html

David A. Barrios
Per. 3
9-7-06

Chapter 2 Questions


1.Discuss the background of the writers of the Constitution and explain why these men tended to be rather mistrustful of the notion of democracy?


2.Discuss the following in dealing with Constitutional Convention
Who attended?: Fifty five delegates in total from every state. Mainly younger men with experience were the bulk.
Who did not attend?: Rhode Island sent no delegates. Key players in the Declaration signing such as John Adams and Thomas Jefferson found themselves absent while they served as emissaries abroad. Samuel Adams was ill while Patrick Henry refused to attend.
Original intent of the meeting and outcome: To edit and enhance the Article of Confederation. The outcome however became a creation of a new fame for the United States Govt.
Lockean Influences: Their defense of freedom as a natural liberty is one of the fundamental ideals of Locke. In a “state of nature,” Locke agued, all men seek to protect their life, liberty and property. But in a state of nature – that is, a society without a govt. – the strong can use their liberty to deprive the weak of theirs. The people then establish govt. to protect against trouble but if the govt. does not uphold protectice for the people then it should be dismantled.
Problems dealing with popular consent, liberty, and creating a strong central governments: How do you create a strong federal government without risking an aristocracy or oligarchy ruling.


3.Discuss the Massachusetts and Pennsylvania State Constitution: The Pennsylvania constitution was the most radically democratic of the new state govts. All power was given to a unicameral legislature, the members which would have to be elected for one year terms with a limit of four terms. No governor or president, just a weak executive council. The Massachusetts constitution was far less democratic in that there would be a clear separation of powers among the various branches of government. The governor could veto acts of the legislature and judges served for life. To be a voter, you needed to own land and in order to run for the office of Governor, you needed to own at least one thousand pounds worth of property and be a Christian.


4.Explain Separation of Powers and its influence on the constitution: Seperation of Powers is a grand issue, in that one should not want to give on branch of the government too much power with which to abuse. Leaving a monarchy, one would not want to return to an oppressive state. Checks and Balances are therefore instituted and developed in order to prevent a branch to take too much control.


5.What is federalism and how does the constitution exemplified this concept?: Federalism is a political ideal that can be called as “nationalism” in that one believes in a strong central government to oversee the states in the union. The constitution awards much more powers to the federal government than to the states, showing federalism working.


6.Show how James Madison’s notion of human nature played an important role in the framing of the constitution.: Madison argued that the very self-interest that leads people toward factionalism and tyranny might, if properly harness by appropriate constitutional arrangements, provide a source of unite and a guarantee of liberty. To do this, the offices of the new country would have a separation of powers.


7.Explain how the Constitution dealt with the issue of slavery.: The constitution essentially left the issue of slavery on the backburner. All African slaves would count as 3/5’s a person in the federal census. In order to have the southern states agree to the document, slavery ( a cornerstone in southern agriculture of the time) would be allowed.


8. What was Madison’s point of view on personal liberty?: Madison felt that liberty is safest in a large, representative republic than in small communities with direct representation in that in a large republic, there will be many interests and groups while in a smaller place, you’re views may bring you trouble should you go against the status quo.


9.Why were the bill of rights absent from the Constitution and list civil liberties found in the Constitution.?: Firstly, because the constitution already contained insurances of several guaranteed rights; secondly, the states felt it unnecessary to list the rights of the people because they thought they’d be insured with the individual state bills of rights; thirdly, the founding fathers felt they were creating a govt. with specific and limited powers Listing rights would perhaps bind us to them, regardless of circumstance.
The civil liberties in the constitution are:
• Writ of habeas corpus may not be suspended 9except during invasion or rebellion).
• No bill of attainder may be passed by Congress of the states.
• No ex post fact law may be passed by congress or the states
• Right of trial by jury in criminal cases gurranteed.
• The citizens of each states are entitles to the privileges and immunities of the citizens of every other state.
• No religious test or qualification for holding federal office.
• No law imparing the obligation of contracts may be passed by states.


10.How did the convention get the anti-federalist to ratify the Constitution?: To get the anti-federalists to sign (mostly southerners who believed in states rights), they promised to leave slavery on the backburner and for twenty years to remit the slave trade without possibility of abolishing it. After that, they could if they wanted to (but wouldn’t).


11.Summarize Charles Beard’s analysis of the economic motivations of the Framers and the counter-analyses of those who disagree with Beard. : Beard felt that the better off urban classes favored the new Constitution because they stood to benefit from it, or so he thought. In the 1950’s, that view was challenged by historiances who re-analyzed this idea and said there was no explanation for the constitution in terms of economics.


12.List and explain the two major types of constitutional reform advocated today, along with specific reform measures.:
• Reducing the Separation of Powers:

• Making the system less Democratic: