Essays /

Us Government Essay

Essay preview

Government Test #1

1. PS 101 -- First Exam Study Guide -- 15% of your final grade -- 3 substantial paragraphs each

How is power shared between the state and federal governments and what argument did Hamilton and Madison make for a federal system? Explain enumerated powers and implied powers. What does the 10th Amendment say and with what two clauses of the Constitution does the 10th Amendment potentially conflict?

There is no fixed principle on how power is to be shared among 3 branches or between states and federal government. Power shifts over time in response to what people perceive as necessary. It depends on the economy, national security situation, and other factors. Hamilton & Madison argue in the Federalist Papers that federalism is part of a system of checks and balances; people can shift their loyalties back and forth between state and national governments in order to keep each level under control. If rights are ignored or abused by one level, people can use the other to right what had been wronged (civil rights). Madison also argued that the US was ideal for power sharing and limited government, because the more factions, the more they will check each other, so no one faction or group can seize control of the government.

Enumerated powers are listed in the Constitution. Their are seventeen, including the Supremacy Clause. The writers of the Constitution recognized that national authority would at times conflict with laws of the states. In such cases, national law was intended to prevail. This power was granted in Article VI of the Constitution in the supremacy clause. It states that the laws of the US shall be the supreme of law of the land. The writers also recognized that government had to be capable of adjusting to change in order to be effective. Thus, the necessary and proper clause or, the elastic clause, came about. It gives national government implied powers (powers not listed in the constitution). Powers that Congress can use to make laws that are necessary to cary out the enumerated powers.

Tenth Amendment established reserved powers which says powers not delegated to the national government are reserved for the states. It was added to the Bill of Rights to protect states’ rights and check the federal government’s elastic clause. But it has potential to conflict with the necessary and proper clause and the supremacy clause.

3. How was the right of free speech limited in the early history of the U.S.? How did the Cold War affect the exercise of free speech in the U.S.?

The first attempt by the US government to restrict free expression was the Sedition Act of 1798, which made it a crime to print harshly critical newspaper stories about the president or other national officials. Thomas Jefferson called it an ‘alarming infraction’ of the constitution, and pardoned everyone convicted under it when he became president. The Sedition Act never went to the Supreme Court, which left unanswered the question whether Congress had the power to regulate free expression and how far its power can go.

During the Civil War the government greatly reduced free expression. They passed legislation barring the Court fr...

Read more


.. 1 101 10k 10th 11 12 14th 15 150 1798 1917 1919 1962 1964 1965 1968 1969 1978 1987 2 20 3 30 4 5 50 6 6/3 60 7 8 8x 9 abl abort abus accept accommod account across act action activ ad adjust admiss adult advanc advoc affect affirm african ag age agenc agent aid aim alarm allow almost alon along also amend america american ammend among amount anoth anti antiwar appeal appli applic approach area argu argument articl asid assist associ attempt attend author automat averag away back bakk balanc ban bank bar base basi becam becom behind belief believ benefit best bibl big bill black book branch brandenburg break broad brought build bureaucrat bus buy call came candid cannot capabl captur care cari case caucasian caus certain challeng chang check choic choos church citizen civil claim clash class claus clear coalit coher cold colleg committe compar compet concept concern conclud conflict congress conserv consist constitu constitut construct contend content context continu contract contrast contribut control convict coordin corpor could cours court cra creat creation crime critic crop curricular custom cvil danger day decid decis defend defin degre delay deleg deliber depart depend describ design differ difficult difficulti dilut direct disadvantag disclos discrimin display dissent distribut district divers doctrin done donor door draw due earli econom economi educ effect effort either elast elect elector employ empow engag engel ensur entangl enumer equal espionag establish ethnic europ evalu even everyon evolut exam exampl excess exercis expenditur experi explain express extra fact faction factor fail fair faith famous far farm farmer favor feder federalist final fine finish fire firm first fix focus forbid forc form forth foster fought free free-express freedom frequent full fund fundrais funnel gave get give go good govern grade graduat grant great group guid hamilton harm harsh hate hear heavili held high hispan histor histori hold hotel hous idea ideal ideas/vision ideolog ignor ill illeg immedi impact impetus impli incit includ inclus incom increas incumb independ indic individu influenc inform infract inhibit inspir instructor intend interest interf interfer interpret intervent invalid iron issu jefferson job johnson jr keep kid kkk know known lack land larg later law lawless lead leaflet leav led leeway left legal legisl lemon less let level liber libertarian life lifestyl like limit list literaci live loan lobbi lobbyist long long-delay louisiana low loyalti lyndon made madison maintain major make mani march market marketplac marriag may mean medic medit meet member mention michigan might minimum minor mlk money mormon mortgag movement much must nation nativ natur necessari neighborhood neither network never newspap nice none observ obtain offer offic offici ohio one ongo opinion opportun oppos order oregon organ other outrag overt overturn owner pac paper paragraph pardon parent part parti particip particular pass past pattern pay penalti peopl per perceiv permit person peyot place play point polici polit polygami popul populist possibl potenti power practic prayer prefer present presid prevail prevent price primari princip principl print privat problem process produc program programs/jobs prohibit promin promot proof proper properti protect provid ps pt public purpos question race rais ralli rang rare rate rather re re-draw re-elect read reason receiv recent recit recogn recruit redlin reduc refer refin refrain refus regard regist registr regul regular regulatori religi religion rent requir reserv resid respons restaur restrict result retir reveng revers revolv right role rule run said salari say scale schenck school scienc scientif second section secular secur sedit seek seiz sell separ serv servic set seventeen sever sex shall share shift shorter show shown side silenc silent sin singl situat small social societi solicit solv south speak speech spend state status still store stori strict strike studi subsidi substanti super support suppos suppress suprem supremaci symbol system take taken target taught tax teach teacher tend tenth term test theater theori third thoma though threaten three thus time today total toward tradit treat treatment triangl turnout two two-part typic u.s unanim unansw undergradu undu union unit univers unlaw unless unlimit upheld us use v valid vi violat vital voluntari vote voter w/o wall want war washington way weaken web weekend well went whether white whose women word work workday worker would writer wrong ww1 wwii year young