Despite that the constitution doesn't mention Political parties at all, they are truly evident in the U.S. Government. In his farewell address, President George Washington warned us about the negative effects of political parties, however, they were already developing. Even though the constitution nor any law requires the nomination of party candidates, they've been doing it since the 1830s . The parties have also transformed the electoral college into basically stamp for each State's popular vote in president elections. In short, the United States government is in many ways governed through parties.
An example of Party Practices is how every election year, each party have their own conventions to announce their nominated candidates.
Question: Why do you think George Washington thought Political Parties were bad?
Because of custom, 15 executive departments make up the cabinet advisory body to the president. Up until 1967, if you were a vice president and the president died, you would become the new president even though its not in the constitution. A long time custom is for the senate to only approve those presidential appointees, such as a federal judge or a United States Marshall. This is known as a senatorial courtesty.
How do these customs affect the united states government?
Church is a very good example for a custom that is not constitutional. It does not say in the constitution that you have to go to church
But, you have the freedom of religion and the government cannot establish a national church. For customs think about something else involving government customs. Start with cabinet appointments.
answer to blakes question: Yes. To me the word "executive" means more than just the president. It also means everyone else in the entire executive branch.
my new custom: voting is a custom that you don't have to participate in and it is a custom for certain individuals.
Judicial Review is the doctrine under which legislative and executive actions are subject to review by the Judiciary. This is an example of checks and balances between branches of the government. The Supreme Court can rule laws or amendments unconstitutional and vote them down. Statutes from states are laws that are enacted by legislators without the approval of the president. But they can ruled unstatutable without being unconstitutional.
An example of the Supreme Court striking down a statute is the Schenck vs US in 1919. Schenck was convicted of espionage. The Supreme court held that Schenck's criminal conviction was constitutional. The First Amendment did not protect speech encouraging insubordination, because, "when a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." In other words, the court held, the circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime.
Question: What could be another scenario of Judicial Review ruling a case constitutional that would otherwise be unconstitutional, but depending on the circumstances, such as Schenck's case.
Answer to Chuma's group: They could cause serious debate and possibly split the nation, making it not a purely unified nation.
Summary of Executive Action: Anything the president does that doesn't modify a law. They can include regulation, enforcement, statements of policy, etc.
Example: On August 7, President Obama issued an executive order on prohibiting certain imports of Burmese jadeite and rubies.
Question: Do you think that when the Constitution says "executive Power" it includes more than the presidential powers stated in Section 1 of Article II?
Answer to Chuma's question: The President wants to make sure that, if he never got to talk about an issue, whoever secedes him will bring it up.
Basic legislation: Says that the Constitution gives the "skeletal" structure for governing and leaves it to congress to fill in the gaps when needed. Which basically means when Congress is questioned about a certain law or right they have the power to define what they think the Constitution means. An example is all federal courts except the Supreme Court My question is what if Congress interpreted part of the Constitution and informally passed a law based upon their interpretation but the majority did not agree with their decision, what kind of problems could be brought up by these decisions in Congress? To answer Blake's question I think that it does include more than the presidential power stated as an example in 1803 Jefferson engineered the Louisiana Purchase, but the Constitution does not say that the president has the power to acquire territory, thus meaning more power was implied with the term "Executive Power."
Answer to Grant's question: I think interpreting the constitution can be very dangerous, and if Congress passed a law based on their interpretation, it could lead to people in a fuss. For example if it was a Liberal Based Law, Fox New would be attacking it, and there would be nothing on Conservative radio except this topic. If it was as Conservative Based Law, Chris Matthews and NSBC would be raising cain. It is a win and loose big situation for Congress, so I don't think this will happen, but who knows it could.
King references the Declaration of Independence many times in his speech that "all men are created equal." do you think when that was written it pertained to African Americans? Technically they were "men" but a slave was considered property.
Martin Luther King mentions Mississippi as being a terrible struggle for equality, why do you think some states seemed less accepting of blacks than other's?
Answer to Grants's Question: I think the the founding fathers thought of slaves as property instead of men, which sadly African Americans were not considered to the founding fathers as "all men are created equal". It is hard and sad to imagine a time when people were not considered people in a society.
I think that the southern states were really the perpetraitors in the racism acts, which is explained by slavery and segregation. Im sure there was states that were more severe and it varied between towns.
Answer to Grant:
It would be hard to say, but they did write that all men were created equal. But, Thomas Jefferson for example had many slaves at his plantation. I find this confusing, but am glad that it was written in our nation's constitution.
My question:
What if, for some unknown reason, groups of Hispanics or other ethnicities felt like they were not being treated fairly and started to organize rallys in today's America. How would news stations react if they had a mass speech at the Lincoln Memorial? What would law enforcement do? What would other citizens do who saw this on television or heard it on the radio?
Party Practices: Thomas and Chuma
ReplyDeleteDespite that the constitution doesn't mention Political parties at all, they are truly evident in the U.S. Government. In his farewell address, President George Washington warned us about the negative effects of political parties, however, they were already developing. Even though the constitution nor any law requires the nomination of party candidates, they've been doing it since the 1830s . The parties have also transformed the electoral college into basically stamp for each State's popular vote in president elections. In short, the United States government is in many ways governed through parties.
An example of Party Practices is how every election year, each party have their own conventions to announce their nominated candidates.
Question:
Why do you think George Washington thought Political Parties were bad?
What does this question have to do with the informal amendment process? Maybe you should try to tie this in with your assignment.
DeleteTake 2:
DeleteWhy do you think Presidents of both parties utilize excessive use of executive order before leaving office?
Because of custom, 15 executive departments make up the cabinet advisory body to the president. Up until 1967, if you were a vice president and the president died, you would become the new president even though its not in the constitution. A long time custom is for the senate to only approve those presidential appointees, such as a federal judge or a United States Marshall. This is known as a senatorial courtesty.
ReplyDeleteHow do these customs affect the united states government?
Church is a very good example for a custom that is not constitutional. It does not say in the constitution that you have to go to church
J Meyberg :/
But, you have the freedom of religion and the government cannot establish a national church. For customs think about something else involving government customs. Start with cabinet appointments.
Deleteanswer to blakes question: Yes. To me the word "executive" means more than just the president. It also means everyone else in the entire executive branch.
Deletemy new custom: voting is a custom that you don't have to participate in and it is a custom for certain individuals.
Judicial review
ReplyDeleteMatthew Folsom, Brandt Winters
Judicial Review is the doctrine under which legislative and executive actions are subject to review by the Judiciary. This is an example of checks and balances between branches of the government. The Supreme Court can rule laws or amendments unconstitutional and vote them down. Statutes from states are laws that are enacted by legislators without the approval of the president. But they can ruled unstatutable without being unconstitutional.
An example of the Supreme Court striking down a statute is the Schenck vs US in 1919. Schenck was convicted of espionage. The Supreme court held that Schenck's criminal conviction was constitutional. The First Amendment did not protect speech encouraging insubordination, because, "when a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." In other words, the court held, the circumstances of wartime permit greater restrictions on free speech than would be allowed during peacetime.
Question: What could be another scenario of Judicial Review ruling a case constitutional that would otherwise be unconstitutional, but depending on the circumstances, such as Schenck's case.
Answer to Chuma's group: They could cause serious debate and possibly split the nation, making it not a purely unified nation.
You have to answer the other one, sorry.
DeleteSummary of Executive Action: Anything the president does that doesn't modify a law. They can include regulation, enforcement, statements of policy, etc.
ReplyDeleteExample: On August 7, President Obama issued an executive order on prohibiting certain imports of Burmese jadeite and rubies.
Question: Do you think that when the Constitution says "executive Power" it includes more than the presidential powers stated in Section 1 of Article II?
Answer to Chuma's question: The President wants to make sure that, if he never got to talk about an issue, whoever secedes him will bring it up.
Basic legislation: Says that the Constitution gives the "skeletal" structure for governing and leaves it to congress to fill in the gaps when needed. Which basically means when Congress is questioned about a certain law or right they have the power to define what they think the Constitution means.
ReplyDeleteAn example is all federal courts except the Supreme Court
My question is what if Congress interpreted part of the Constitution and informally passed a law based upon their interpretation but the majority did not agree with their decision, what kind of problems could be brought up by these decisions in Congress?
To answer Blake's question I think that it does include more than the presidential power stated as an example in 1803 Jefferson engineered the Louisiana Purchase, but the Constitution does not say that the president has the power to acquire territory, thus meaning more power was implied with the term "Executive Power."
Answer to Grant's question: I think interpreting the constitution can be very dangerous, and if Congress passed a law based on their interpretation, it could lead to people in a fuss. For example if it was a Liberal Based Law, Fox New would be attacking it, and there would be nothing on Conservative radio except this topic. If it was as Conservative Based Law, Chris Matthews and NSBC would be raising cain. It is a win and loose big situation for Congress, so I don't think this will happen, but who knows it could.
ReplyDeleteTo answer Folsom's question:
ReplyDeleteBrown v. Board of Education where the Supreme Court held that school segregation was unconstitutional.
King references the Declaration of Independence many times in his speech that "all men are created equal." do you think when that was written it pertained to African Americans? Technically they were "men" but a slave was considered property.
ReplyDeleteMartin Luther King mentions Mississippi as being a terrible struggle for equality, why do you think some states seemed less accepting of blacks than other's?
ReplyDeleteAnswer to Grants's Question: I think the the founding fathers thought of slaves as property instead of men, which sadly African Americans were not considered to the founding fathers as "all men are created equal". It is hard and sad to imagine a time when people were not considered people in a society.
Answer to Thomas:
ReplyDeleteI think that the southern states were really the perpetraitors in the racism acts, which is explained by slavery and segregation. Im sure there was states that were more severe and it varied between towns.
Answer to Grant:
It would be hard to say, but they did write that all men were created equal. But, Thomas Jefferson for example had many slaves at his plantation. I find this confusing, but am glad that it was written in our nation's constitution.
My question:
What if, for some unknown reason, groups of Hispanics or other ethnicities felt like they were not being treated fairly and started to organize rallys in today's America. How would news stations react if they had a mass speech at the Lincoln Memorial? What would law enforcement do? What would other citizens do who saw this on television or heard it on the radio?