No More Learning

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? CHAPTER II
(pp. 13-32)
THE CONSTITUTION OF THE UNITED STATES
1. Of what importance is the Constitution of the United
States? Should it play an important part in the life of every
American citizen? Explain.
2. When, where, and how was the Constitution of the United
States drafted? How was it ratified?
3. What conditions led to the drafting of the Federal Con-
stitution in 1787?
4. Is it easy or difficult to explain the various phrases and
clauses of the Federal Constitution?
5. What is the Constitution of the United States?
6. By whom are the various provisions of the Constitution
interpreted? Explain.
7. In what respect does Congress participate in the inter-
pretation of the Constitution?
8. Does the President interpret the provisions of the Con-
stitution also? Explain.
9. How have political parties influenced the interpretation
of the Constitution?
10. Is it easy to know what the intent of the framers of the
Constitution was in regard to its various provisions? Explain.
11. Of what value is a knowledge of psychology in under-
standing the methods that have been used in interpreting the
Constitution?
12. Explain the rational method of interpreting the Con-
stitution. The psychological method.
13. Comment on Judge Cooley's statement, "We may think
that we have the Constitution all before us; but for practical
purposes the Constitution is that which the Government in its
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? THE CONSTITUTION OF THE UNITED STATES 5
several departments and the people in the performance of their
duties as citizens recognize and respect as such; and nothing
else is. "
14. How may the Constitution of the United States be altered
or amended?
15. What criticisms have been made of the federal amending
process? What is your own reaction to these criticisms?
Questions and Problems for Further Study and
Discussion
1. Are constitutions both written and unwritten? Explain.
2. Did the desire to restrain the exercise of power lead the
constitutional framers to draw up a written constitution?
3. Are one's rights better protected under a written than
an unwritten constitution?
4. Who was the President of the Constitutional Convention
of 1787?
5. Who were some of the most distinguished members of
the Convention of 1787?
6. What was the "Virginia Plan "of government? The "New
Jersey" plan?
7. What two great political parties grew out of the discus-
sions concerning the Constitution?
8. Point out the fundamental differences between the Con-
stitution and the Articles of Confederation.
9. Make a list of the names of all the delegates attending
the Convention of 1787 indicating the State from which each
came, his age, nationality, where educated, profession or business,
previous experience as a politician, date of taking seat, present or
absent at close, signer or non-signer, and subsequent prominence.
10. What was The Federalist? Of what importance was it?
11. When did the government under the Constitution go into
effect?
12. List the States in the order in which they ratified the
Constitution and give the date on which each ratified.
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? 6 PROBLEMS IN AMERICAN GOVERNMENT
13. Point out the advantages and disadvantages that would
result if the states of the world should form a world state as
the forty-eight States now form the United States.
14. What principles should govern in the formation of a
constitution?
15. What is a "Bill of Rights"?
16. Why are the first ten amendments to the Constitution
referred to as a Bill of Rights?
17. Would the adoption of proposed amendments to the
Federal Constitution by referendum to the people be satis-
factory?
18. Compare the method of amending the Federal Constitu-
tion with that of amending your State Constitution. The
English Constitution. The French Constitution. The Swiss
Constitution. The German Constitution.
19. By means of a diagram show the four ways by which the
Constitution of the United States may be amended.
20. How could a change be secured in a constitution which
contained no provision for its revision or amendment?
21. Into how many parts is the main body of the Federal
Constitution divided and what is each about?
22. Do the people of the Philippine Islands enjoy the same
rights under the Constitution of the United States that we
enjoy?
References
Beard's Readings in American Government and Politics, New and
Revised Edition, Chaps. II-III.
Munro's The Government of the United States, Third Edition, Chaps.
II-IV.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chaps. IV-VI.
Haines and Haines' Principles and Problems of Government (1926),
pp. 189-246.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chaps. I--II.
Willoughby's Constitutional Law of the Uniied States (1929), Vol. I,
Chap. XXXVII.
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? CHAPTER III
(PP- 33-57)
GENERAL PRINCIPLES OF THE FEDERAL SYSTEM
1. What is the Doctrine of Limited Government? How does
it operate in our federal system?
2. What are the personal rights guaranteed the individual
by the Constitution against which the National Government
may not encroach? Explain each.
3. Point out the limitations that the Constitution places on
the National Government concerning the property rights of
individuals.
4. What constitutes treason in the United States? May
Congress define treason?
5. Explain the following.
a. Bill of attainder d. Due process of law
b. Ex post facto law e. Eminent domain
c. Habeas corpus
6. Explain the doctrine of delegated and supreme power.
7. What is the Supreme Law of the Land? Where in the
Constitution is it defined?
8. What agency in the United States decides when acts of
Congress violate the Constitution?
9. Explain and illustrate the Principle of the Separation of
Powers?
10. Who was Montesquieu? Why is he referred to in con-
nection with a study of the separation of the powers of govern-
ments?
11. Is a complete separation of governmental powers possible?
Explain.
7
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? 8 PROBLEMS IN AMERICAN GOVERNMENT
12. How is the Principle of the Separation of Powers related
to the Check and Balance System in government?
13. What is meant by the "Supremacy of the Judiciary"?
On what grounds is this supremacy maintained?
14. Distinguish between "Citizenship" and "Suffrage. "
Which government in our federal system confers each?
15. Who are citizens of the United States?
16. May an alien woman acquire citizenship by marrying an
American citizen? What is the citizenship status of an American
woman who marries an alien? Explain.
17. What are the various steps in the formal procedure of
acquiring citizenship in the United States?
18. Why is the Rosika Schwimmer case referred to in the
study of the naturalization process?
19. What limitations are placed on the powers of the State
governments concerning the regulation of suffrage?
20. Are the qualifications for voting uniform throughout the
United States? Explain.
Questions and Problems for Further Study and
Discussion
1.
Distinguish between a Federal Government and a Unitary
Government.
2. What is the Doctrine of Implied Powers?
3. Explain the Doctrine of Nullification.
4. Does the status of a woman in regard to citizenship follow
that of her husband? Explain.
5. What people may not become naturalized?
6. What is the difference between the status of a citizen
and an alien?
7. Is an alien who has served in the United States army and
been honorably discharged, eligible to become a citizen without
going through the regular process of naturalization?
8. What is the citizenship of a child born of Chinese parents
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? PRINCIPLES OF THE FEDERAL SYSTEM 9
who are enrolled in an American University, and who are here
for educational purposes only?
9. How may a citizen of the United States terminate his
citizenship?
10. "A" is a citizen of the United States and a qualified voter
in Wisconsin. Five months prior to the regular State and Na-
tional election he moves to Iowa where the residence qualifica-
tion is six months for voting. Does "A" because of this fact
lose his right to vote? Explain.
11. Are there any citizens in your State twenty-one years of
age who are denied the right to vote? Explain.
12. By means of intersecting circles explain the relation which
exists between the powers of the National and State govern-
ments in our federal system.
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. VIII.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chaps. VII-IX.
Munro's The Government of the United States, Third Edition, Chaps.
V, VH-VHI.
Mathews' American State Government (1924), Chap. I.
McBain's The Living Constitution (1927), Chaps. II-VII.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chap. III.
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? CHAPTER IV
(pp. 58-74)
POLITICAL PARTIES AND THE PROCESS OF
GOVERNMENT
1. What is a political party? Does a political party have any-
bearing upon the manner in which the government functions?
2. Point out some of the causes that led to the development
of political parties. What was Madison's view in regard to the
growth of political parties?
3. What were the main issues upon which the two major
political parties in the United States developed? Are the major
parties as clearly divided on these same issues today? Explain.
4. Of what importance are minor political parties in Ameri-
can politics? Why are they not successful in winning elections
and getting control of the government? What causes their de-
velopment?
5. What is the nature of the party organization?
6. Point out some of the factors that enabled political party
organizations to become so powerful in the United States.
7. Comment on the following statement: "A kind word and
a little money in time of pressing need often go further than an
eloquent sermon on civic virtue. "
8. How do political parties come in contact with the voters?
9. Is money essential to success in winning public office?
Discuss.
10. What are the chief sources from which political parties
derive the revenues necessary to carry on their activities?
11. Point out the limitations placed by Congress upon the
activities of political parties in the United States.
10
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? POLITICAL PARTIES AND GOVERNMENT n
12. Does Congress have control over the expenditure of funds
in the primary elections? Explain.
13. What are some criticisms of federal corrupt practice
legislation?
14. Will money continue to remain a problem in politics?
Explain.
Questions and Problems for Further Study and
Discussion
1. Why is it necessary to study about political parties to
understand the operation of the government?
2. Trace briefly the development of political parties in the
United States.
3. How did the Federalists and Anti-Federalists differ in
their views?
4. Indicate the causes which led to the development of
the National Republican or Whig Party and the Democratic
Party.
5. What events brought about the alignment of the Repub-
lican and Democratic parties?
6. Upon what important questions have the Republican and
Democratic parties been divided?
7. Of what significance are third parties in government?
8. List the names of the minor political parties that we have
had in the United States and give the dates showing the period
of their existence.
9. For what reason is it necessary to maintain a highly de-
veloped party organization?
10. What are the various devices that have been used for
nominating purposes? Explain each.
11. What are the functions of a political party?
12. Do political parties receive legal recognition in the Con-
stitution of the United States?
13. Why do more than half of the qualified voters in the
United States fail to go to the polls on election day?
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? 12 PROBLEMS IN AMERICAN GOVERNMENT
14. Are there real and vital differences between the two
major political parties in the United States?
15. Is the voting of a split ticket to be regarded as a civic
virtue?
16. Does active citizenship begin at the ballot box? Does it
end there?
17. Is it as reasonable to expect to find people who are born
Republicans or Democrats as it is to find them born Protestants
or Catholics?
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.