Of how many members should
Congress
be composed?
Beard - 1931 - Questions and Problems in American Government - Syllabus by Erbe
18. Should compulsory voting laws be enacted and penalties
imposed upon non-voters?
19. If you had been living in Washington's time, would you
have been a Federalist or an Anti-Federalist? In Jackson's time,
a Whig or a Democrat? In Lincoln's time, a Democrat or a
Republican? Today, a Republican or a Democrat? Explain.
20. Make a chart showing the development of political parties
in the United States.
21. Make a chart showing the organization of a political party
in the United States. (Note: See Brook's Political Parties and
Electoral Problems. )
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chaps. VI-VII.
Brook's Political Parties and Electoral Problems, Revised Edition,
Chaps. IV-XV.
Munro's The Government of the United States, Third Edition, Chaps.
IX-X.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chaps. XI-XIII.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. IV.
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? CHAPTER V
(PP- 75-97)
THE FEDERAL JUDICIARY
1. How does the federal judicial department compare in
importance with the other departments of government? Explain.
2. What provision does the Federal Constitution make for
a judicial system? Which Article of the Constitution deals with
the courts?
3. In what way does the Constitution seek to give a high
degree of independence to the judges of the regular federal
courts?
4. To what extent, if any, are the federal courts subject to
control by Congress?
5. How do the judges of the regular federal courts secure
their positions and for what term do they serve? May they be
removed from office? Explain.
6. What is the general jurisdiction of the federal courts?
7. Name the regular federal courts and outline the juris-
diction of each.
8. Explain what is meant by each of the following.
a. Writ of certiorari d. Dissenting opinion
b. "The opinion of the court" e. United States Reports
c. Concurring opinion /. Contempt
9. Are the federal courts, courts of original jurisdiction,
appellate jurisdiction, or both?
10. What were some important principles of government laid
down by the Supreme Court in the case of Marbury vs. Madi-
son?
11. On what grounds does the Supreme Court claim the power
to declare acts of Congress null and void? Do you think the
13
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? i4 PROBLEMS IN AMERICAN GOVERNMENT
courts should exercise this power over the laws of the States?
Explain.
12. What important political controversies have arisen over
the judicial authority of the courts? Explain each.
13. Upon what agency does the greatest responsibility fall
for the enforcement of law?
14. What are some of the major problems involved in securing
adequate law enforcement?
15. Describe the administrative machinery set up by the
United States for the enforcement of its laws. What changes
would you suggest? Explain.
Questions and Problems for Further Study and
Discussion
1. What is the function of the courts?
2. What is a "graduated system of courts"? Point out the
advantages of such a system.
3. Under what conditions may judges of the federal courts
retire on full pay?
4. How are military offenses punished?
5. May the President of the United States demand of the
Supreme Court its opinion on matters of public policy?
6. Should important constitutional questions be settled in
the courts by a simple majority vote?
7. How does the method of selecting federal judges compare
with that of selecting judges in your own State? Which method
do you prefer? Explain.
8. What constitutes a treasonable act?
9. Point out the function of the grand jury.
10. Do you believe in popular recall of judicial decisions?
Explain.
11. What is the purpose of the Court of Customs created by
Congress in 1926?
12. Would it be advantageous to have federal judges ap-
pointed for a definite term rather than for life?
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? THE FEDERAL JUDICIARY 15
13. Would it be desirable to have federal judges selected by
popular vote?
14. Give illustrations of instances in which the Supreme Court
has handed down decisions that have modified and enlarged the
Constitution of the United States.
15. Why does the Supreme Court stand out so prominently
as a department of government in the United States?
16. Is there any other great country in which the courts pass
upon the validity of acts of the legislative department as they
do in the United States?
17. Explain each of the "Great Writs. "
18. Make a chart showing all of the federal courts, regular
and special, and indicate the relation of one court to the other.
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XV.
Munro's The Government of the United States, Third Edition, Chaps.
XXVII-XXVIII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXIII.
Haines and Haines' Principles and Problems of Government (1926),
pp. 399-436.
Willoughby and Rogers' An Introduction to the Problem of Government
(1921), Chap. XXI.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. XI.
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? CHAPTER VI
(pp. 98-117)
THE ORGANIZATION OF CONGRESS
1. Of how many houses is Congress composed? Why was
this type of organization selected?
2. What are the facts concerning the House of Representa-
tives and the Senate in regard to the following?
a. Number of members
b. Basis of apportionment
c. Qualifications and disqualifications
d. Manner of nomination
e. Time for holding elections
/. Term and salary
3. What is gerrymandering; why is it practiced; and what
are the objections to it?
4. Explain what is meant by reapportionment. When does
a reapportionment take place?
5. Explain the expression, "judge of the elections, returns
and qualifications of its own members. "
6. What provision of the Constitution may not be changed
by amendment except with the consent of the State con-
cerned?
7. For what purpose was the seventeenth amendment to the
Constitution adopted?
8. Why is the Senate referred to as a continuous body?
9. Under what circumstances have members-elect to Con-
gress been denied their seats?
10. What special privileges do members of Congress enjoy?
11. What is meant by "filibustering"? Point out some ways
in which a member of Congress might filibuster.
16
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? THE ORGANIZATION OF CONGRESS 17
12. To what extent is Congress free to punish its members for
disorderly behavior?
13. Discuss the sessions of Congress as to kind, number,
length, and time of meeting.
14. Point out the advantages of one House of Congress over
the other.
Questions and Problems for Further Study and
Discussion
1.
Of how many members should Congress be composed?
2. How should representatives be apportioned? Explain.
3. How long should the representative's term of office be?
4. Should the representative follow the wishes of his con-
stituents or the dictates of his own conscience?
5. What is the ratio of representation and how is it deter-
mined?
6. Why was there no reapportionment made in 1921? How
do you explain this?
7. Does the Constitution require that a representative be a
resident of the district from which he is chosen?
8. What is the criticism of having equality of representation
in the Senate? What are its advantages?
9. What is meant by a "representative at large"? "Lame
D uck " ? " Franking privilege''?
10. Ought the qualifications for voting for representatives in
Congress be determined by national authority instead of by
the States? Explain.
11. Prepare an outline map showing the Congressional Dis-
tricts in your State, and indicate the number of each district,
size in square miles, the population, and the number of Repub-
lican and Democratic voters in each.
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XII.
Munro's The Government of the United States, Third Edition, Chaps.
XIV-XVII.
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? 18 PROBLEMS IN AMERICAN GOVERNMENT
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chaps. XX-XXI.
Haines and Haines' Principles and Problems of Government (1926),
PP- 303-333-
Willoughby and Rogers' An Introduction to the Problem of Government
(1921), Chap. XIV.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. IX.
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? CHAPTER VII
(pp. 118-151)
CONGRESS AT WORK
1. Of what importance is the work which Congress must
perform?
2. Is Congress limited in any way in the conduct of its busi-
ness?
3. What views have been taken by members of Congress in
deciding controverted questions? Explain each.
4. Point out the cause for the great mass of bills which come
before Congress in a single session.
5. Explain each of the following.
a. Bill d. Pork-barrel legislation
b. Special or private bill e. Log-rolling
c. Public bill
6. What responsibility do political parties represented in
Congress assume in connection with the business of legislation?
7. What machinery does a political party have for carrying
on its work pertaining to legislation?
8. Of whom is the party caucus composed? What is its
purpose and work?
9. In what way did President Wilson secure executive con-
trol over legislation?
10. Point out the functions and importance of each of the
following in the House of Representatives.
a. Speaker c. Chairman of important
b. Rules committee committees
d. Floor leader
11. How does leadership in the Senate compare with that in
the House?
19
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? 20 PROBLEMS IN AMERICAN GOVERNMENT
12. What reforms do new members of the Senate usually in-
sist on? Why?
13. Of what importance are committees in Congress?
14. How are the members of committees selected and of whom
are they composed?
15. What is the "seniority rule"? Is there ever any opposi-
tion to its use? Explain.
16. Have there been any serious criticisms of the committee
system? What remedies, if any, have been proposed for these
shortcomings?
17. Trace a bill through Congress from the time that it is
first considered until it becomes a law, noting all irregularities
which might occur.
18. What rules governing procedure in Congress have become
rather definitely fixed? Explain the rule of "closure" in the
Senate.
19. How is it possible for Congress to secure the necessary
information to pass with a reasonable degree of intelligence
upon the great mass of legislation which comes before it?
20. What is meant by lobbying? What influence does it have
upon legislation? Is the permission of lobbying desirable or
undesirable? Explain.
Questions and Problems for Further Study and
Discussion
1. How might expert bill drafting be secured?
2. May an individual secure the adjustment of a claim
against the Federal Government through his representative in
Congress?
3. Are there occupational groups who are under-represented
in Congress? Discuss.
4. Explain why bills for raising revenue should originate in
the House of Representatives.
5. What is the Committee of the Whole?
6. Make a list of the principal subjects of federal legislation.
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? CONGRESS AT WORK
21
7. Define: filibustering; rider.
8. For what purpose does the Constitution require that
each house keep a journal of its proceedings?
9. Why should Senators and Representatives be privileged
from arrest for any but serious offenses?
10. Who is your representative? Of what committee is he a
member? Is he a chairman of any committee?
11. Does the Senate or the House exert the greater influence
in National legislation?
12. Is it true that the United States Senate is the strongest
"Upper Chamber" in the world?
13. How does the Senate compare in importance with the
English House of Lords?
14. Is it possible to defeat a bill in the House by filibustering,
as it is in the Senate? Explain.
15. Prepare a bill on some subject you are interested in.
16. Make a list of the principal committees in each of the
two houses of Congress.
References ,
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XIV.
Munro's The Government of the United States, Third Edition, Chaps.
XIV-XVII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXII.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. X.
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? CHAPTER VIII
(pp. 152-171)
THE NOMINATION AND ELECTION OF THE
PRESIDENT
1. What provision does the Constitution make for the nom-
ination and election of the President?
2. How did the constitutional framers think this plan would
work? Explain.
3. How is the membership of each of the two major party
conventions determined? Which plan do you prefer and why?
4. How are delegates to the National Conventions chosen?
What plan do you prefer? Explain.
5. What is the presidential primary? With what success
has it met? Have the people lost interest in it?
6. When and where does the National Convention of a major
political party meet?
7.
