Is the legislative process effective


In Federalist Paper #1, why was Hamilton proposing a new Constitution that would conform to the true principles of Republican Government? Read Hamilton's first paragraph from the introductory page of The Federalist Papers very carefully. Why does Hamilton believe that the Union and its preservation are so important?

Hamilton wrote: "On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated."

1. Given this statement, what do you think Hamilton would have thought of The Patriot Act and Homeland Security?

2. Please review a current event in the news or in your area where you live. What is the Constitutional issue/s being discussed? For example, is there an issue where someone is claiming a violation of one of the Bill of Rights. Which Bill of Right is at issue in your current event?

3. Looking at the government of India and comparing it with that of the U.S. and Mexico, what are the roles of the President and Prime Minister in a Parliamentary system. Is it too much to ask the U.S. President to fulfill the roles that a President and Prime Minister perform together in other countries? Compare the United States Government to England's Government structure and to the Government structure of China. Are there any similarities? Any differences?

4. Please review current events in the news or in your area where you live. Is there another country that is committing an act that would violate one of our Bill of Rights here in the United States? For example, is there a freedom of speech issue, freedom of religion, due process, cruel and unusual punishment, etc.?

5. Examine Article III of the Constitution. What issues did the founding fathers intend to be within federal control? Now, turn to the 14th Amendment. Do you think the 14th amendment imposed additional requirements on the states? Why, or why not? List three Sections of the 14th Amendment and what they mean to you.

6. Are there any recent Supreme Court decisions being discussed? For example, is someone discussing a Supreme Court case that was wrongly decided or rightly decided? Is there a state case that might be going to the Supreme Court or is there a case the Supreme Court might rule upon shortly?

7. Is the legislative process effective? When answering this question, consider the role that special interest groups and corporations play in the legislative process. Specifically, looking at Citizens United v. Federal Election Commission should private corporations be able to influence elections and therefore help shape the legislature and what influence should corporations have over elections? How does this case illustrate the separation of power and the efficacy of "checks and balances?"

8. Are there any recent Bills being introduced that protect or limit or Constitutional rights? What is the purpose of the Bill? What is at stake here? Do you agree or disagree with the Bill and why so? Do you believe the Bill will be signed into law? Why or why not?

9. How is due process followed in an administrative proceeding? Why might a court review and administrative agency's ruling? Must an administrative agency follow principles of fundamental fairness? What is a fundamental right? Do we have fundamental rights in the U.S. Constitution? Can you provide some examples if there are any?

10. Are there any recent laws, state cases of federal cases that deal with an unreasonable search and seizure as protected under the 4th Amendment? Any use of a state's police power that intrudes upon an individual's right to privacy? Any national security issues that may limit our right to privacy?

11. Should states have power to legislate? What is federal preemption? Based on your reading, what does "state action" mean?

12. Are there any recent Constitutional issues being discussed that affect commerce or the federal government's regulation of business? Does this federal regulation hurt or harm the business and what constitutional issues being raised?

13. Common Law, as you have learned, has evolved in a written sense through the passing down of cases and rulings by courts on specific issues. That creates a fair amount of uncertainty as the person with the next case does not necessarily know how the matter will be fully resolved. Do you believe that common law is effective in resolving disputes among private citizens? Why or why not?

14. Are there any recent events in which a criminal case may involve a civil law suit? What was the criminal act that occurred and who has the right to sue the defendant in a civil court room? What was the injury that took place? Is the injury involving both criminal charges and civil claims? Who is the plaintiff in the criminal case and who is the plaintiff in the civil case.

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