1. (6) what ideas in the Declaration of Independence or the U. S. Constitution can be traced to the following sources (name the political theorists or titles of treatises and the ideas associated with a specific theorist or treatise):
a. political theorists from ancient Greece or Rome
The Twelve Tables of circa 450 BCE laid a foundation for the Declaration of Independence and the U.S constitution. The Roman treaty laid out rules regarding court procedures, inheritance laws, tort law, and land rights. It was the overall law in Rome, the same position the US constitution took.
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b. political theorists from the Middle Ages or the Reformation
The Magna Carta Libertatum of the middle ages had an immense influence on the early documents of the United States. The 1215 charter had thirteen articles that influenced the Bill of rights, parliamentary system, trial procedures, and freedoms of the people stated in the Declaration of Independence and the U.S constitution.
c. political theorists from the Enlightenment
One of the theorists of the Enlightenment that influenced the declaration of independence and the US constitution was John Locke who believed that the government had to follow the consent of the governed. Therefore, issues to do with Liberty, the sanctity of life, and the right to property were significantly reflected in the declaration of independence.
2. (3) What basic idea directly opposed the ideas expressed by the authors in question #1?
It was ironical that the 13 colonies condoned slavery yet they agreed to the declaration of independence creed that all people “were created equal.”
3. (3) According to the Declaration of Independence and the Constitution where does sovereignty reside?
Sovereignty resides among the people that put the government in place. Therefore, voters have sovereignty.
4. (4) (a) What was the name of the first constitution of the United States?
The Articles of Confederation which was used between 1777-1781
(b) Contrast the relationship of the states and the national government in the first constitution with the same relationship under the current constitution.
In the first constitution, the states were hugely independent since they feared the thought of having a central power dominating them. Therefore, the central government had little influence over the states with it only limiting the states from engaging in foreign negotiations. However, the current constitution gives the central government more control of the states. In this regard, the states cannot have a law that contradicts the federal laws which are in the constitution.
5. (8) (a) What issue or issues precipitated the Constitutional Convention in 1787?
The inability of the federal government to control the affairs of the states led to the constitutional convention of 1787. The failure of the government to regulate trade in and among states led to some states being too weak to control foreign influence.
(b) What were the delegates empowered to do? (c) What did they do?
The delegates had the power to change the constitution to address the issue at hand. Therefore, they effected checks and balances in the government structure by introducing the executive, the legislative and the judiciary.
(d) In your opinion, is the Constitution of 1787 legitimate? Explain your answer.
The constitution of 1787 was legitimate as it involved delegates for the various states and the deliberations spanned over a considerable period of 5 months.
6. (6) What does the U. S. Constitution assume concerning power? Given this assumption, how does the U. S. Constitution distribute power?
The US constitution assumes that power should not be placed in the absolute control of one organ in the country. Thus, the people were given the power to revolt in case a government suppressed them by owning guns. The constitution distributes power by having three arms of government that check the activities of each other.
7. (4) Do you see any implicit agreement between the Declaration of Independence and the Constitution? Please explain your answer. If you do not see any points of agreement, then explain how the two documents disagree or contradict one another.
The two documents relate since the declaration of independence gives all the guidelines for a fair and just country while the constitution comes in to provide the procedures of achieving such an ideal state.
8. (2/6) According to the Constitution, do states or the people possess sovereignty? If the answer is “yes,” then explain how or where the U. S. Constitution acknowledges the sovereignty of the people or the states. If the answer is “no,” then explain how (or where) the U. S. Constitution places the states entirely under the power of the national government.
The states and the people of the United States possess sovereignty as stated in the 10th amendment. The law says that the federal government can only perform its sovereignty as far as the stipulations of the US constitution. Otherwise, the rest of the sovereignty lies with the states and the people. Therefore, it is the people who give the states the power and the states share it with the federal government.
9. (8) Explain the relationship between the national government and the states or people as established by the Constitution in the Tenth Amendment. Include any other parts of the Constitution that you believe might clarify or support the Tenth Amendment.
The connection between the two sets of governments arises from the latter giving powers to the former. The states give two representatives to Congress who will pass or decline bills that they feel do not represent the interests of the people of their states as states in Article 1, Section 7. Therefore, the national government will only operate within the frameworks of a constitution that would be set in place by the demands of Congress. On the contrary, the states and the people will have the chances to create laws and procedures that may not have been stipulated in the constitution.
10. (8) How was the US government specifically structured in 1789 to reflect the relationships established in the Tenth Amendment?
The ratifications of 1789 led to the establishment of the three arms of government with the legislative having the muscle to implement the 10th amendment. The legislature would have the House of Representatives and the Senate which were responsible for discussing bills before they are passed into law. Since the proposals affect the welfare of the states and that of the people in them, Congress would disapprove bills that attempt to harm the sovereignty of the states or the people.
11. (6) Name three amendments that exemplify the changed relationship between the national government and the states and the people. Of these three amendments, name the one that has had the greatest influence on federalism.
The following amendments changed the relationship between the federal government and the states and the states and the people:
The 10th amendment: the sovereignty lies with the states and its people.
The 11th amendment: the judicial power of the federal government does not extend to the suing of the states.
14th amendment: the states have no rights to deprive a person the right to life, ownership of property or liberty without following the legal process.
Of the three amendments, the 11th amendment influenced federalism greatly it clipped most of the federal government influence on the states, making it weaker.
12. (8) How has the Supreme Court used the U. S. Constitution (including the three amendments used to answer question 11) to alter the relationship between the national government and the people or the states? Provide specific examples to receive full credit on this question. General answers will receive only partial credit.
The Supreme Court has been instrumental in interpreting the constitution; thus many of its interpretations have led to amendments that have affected the way the federal government relates with the state governments. For instance, it interpreted article III in the as Chisholm v. Georgia (1793) to mean that a person could sue a state. The move led to Congressman Caleb Strong of Massachusetts to table a bill to restrict the government from suing states, thus the 11th amendments.
13. (8) What phrase or phrases did the Supreme Court begin to invoke to determine if a particular amendment in the Bill of Rights applied to the states? Did the Supreme Court apply this principle consistently? Provide examples to support your answer.
The Supreme Court invoked some phrases to mention the various amendments and the bill of rights that could be accommodated within the 14th amendment. The process would make it easy to identify the federal laws that applied to the state as well. For instance, in 1947 the Supreme Court decided that the 14th amendment was in tandem with the frits eight amendments in the bill of rights.
