Fluent Essays

Please view and read the attached file and answer the following questions                                         Questions Identify the weaknesses in the Articles of Confederation. Differentiate the federalists and anti-federalists. Identify the Bill of Rights and each amendment contained within. Identify the history of and the methods to amend the U.S. Constitution, including the concept of proposal and ratification. Relate the concepts of original ism and pragmatism as they relate to constitutional interpretation. Explain James Madison’s concerns regarding factions. Identify the parts of the Constitution, including the articles and their principles. Chapter Two: The Constitution Note: Students will click on right arrow at the bottom left of the slide to advance to the next slide. Then, students will click on the icon to play the audio for that slide. LO10 – Identify the Weaknesses in the Articles of Confederation: Congress was unable to raise taxes and had no money of its own, particularly to fund the military The Articles required unanimous approval to amend the document State governments were dominated by their legislatures and had no checks and balances A weak national government could not stand up to foreign powers. LO11 – Differentiate the Federalists and Anti-Federalists: A Federalist is defined as a person who approved adoption of the new Constitution over the Articles of Confederation largely because it created a stronger federal government model. An Anti-Federalist is defined as a person who defended the Articles of Confederation and wanted to retain strong state’s rights. LO12 – Identify the Bill of Rights and each amendment contained within: The Bill of Rights was created after the passage of the new Constitution. It addressed the issue that the Constitution did not contain rights or freedoms for individuals. The first ten amendments or changes that were adopted and added to the Constitution make up the Bill of Rights. The Amendment and their subjects are as follows: First Amendment: Rights of religion, speech, press, assembly and to petition the government for redress of grievances. The First Amendment contains 5 subjects because it was risky to vote on each separately so they were combined into one. Second Amendment: Right to bear arms Third Amendment: Protection against quartering soldiers Fourth Amendment: Search and seizure – warrant required Fifth Amendment: Rights against self-incrimination, due process and eminent domain LO12 – Identify the Bill of Rights and each amendment contained within (continued): Sixth Amendment: Criminal justice rights, including the right of counsel Seventh Amendment: Right to trial by jury Eighth Amendment: Protection against cruel and unusual punishment and trial by jury Ninth Amendment: Rights not enumerated belong to the people Tenth Amendment: State’s rights LO13 – Identify the History of and Methods to Amend the U.S. Constitution *Please note that each of the four methods to amend the Constitution require a proposal (coming up with the idea) and a ratification step (making the idea official). Also, the first method to amend the Constitution is the method used in all but one instance. The third and fourth methods have never been used. Proposal: Ratification: 2/3rds vote of the House and 3/4ths vote of state legislatures Senate (Congress) 2/3rds vote of the House and 3/4ths vote of state constitutional Senate (Congress) conventions 2/3rds of states request that 3/4ths vote of state legislatures Congress hold a national constitutional convention 2/3rds of states request that 3/4ths vote of state constitutional Congress hold a national conventions constitutional convention LO14 – Relate the Concepts of Originalism and Pragmatism to Constitutional Interpretation: Originalism: Defined as a principle of legal interpretation that relies on the original meaning of the words of those who wrote the Constitution. This is often achieved by consulting the Federalist Papers, the documented discussions of the Framers. Pragmatism: Defined as a principle of legal interpretation based on the idea that the Constitution evolves and that interpretation of the Constitution must be put in the context of contemporary realities. LO15 – Explain James Madison’s Concerns Regarding Factions: Faction: Defined as a group that pursues its own interests ahead of others. A separation or a division, like a political party. Madison stated that factions typically represent economic interests. He also stated that the same majority interest is likely to become a permanent majority, taking advantage of the minority. Finally, he said that if popular government is to survive, it must be organized to protect minorities from permanent majorities. If the issue debate becomes national in nature, it is more difficult for local majorities to gain permanent control. LO16 – Identify the Parts of the Constitution, Including the Articles and Their Purposes: Article I: Creates the lawmaking body, Congress Article II: Creates the executive, the Presidency Article III: Creates the Judiciary Article IV: Relations between the States Article V: Amendment process Article VI: Supremacy Clause Article VII: Ratification