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Name:
Institution:
Course:
Date:
The United States Government.
Identify the four theorists who influenced the foundations of American government and
define the main characteristics of each theory. For each theorist, identify at least one aspect
of the U.S. Constitution that flows directly from his or her influence on the framers.
The foundations of the U.S government was influenced by John Locke, Jean-Jacques Rousseau,
Thomas Paine and Thomas Hobbes. Hobbes argued that people formed governments in order to
satisfy their pragmatic interests. He suggested a robust central government that controlled all
parts of the society. John Locke wrote on the social contract theory suggesting that it was right
for individuals to give up some of their rights in exchange for protection from the government.
The social contract theory provided the foundation for a government that worked with consent
from the governed. Thomas Paine is remembered as a visionary political thinker who altered the
social and political landscape of the 18th century. He advocated for independence during the
American Revolution in 1776. Rousseau disapproved the belief that God appointed kings to rule
over man. He argued that only people are sovereign thus advocating for direct rather than
representative democracy (Gill).

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Compare the U.S. Constitutions necessary and proper clause, the full faith & credit
clause and the supremacy clause. Identify the implications of each clause on the modern
concepts of federalism.
The necessary and proper clause grants power to the Congress to make laws necessary in
carrying into execution the preceding powers The clause has been used by the congress and the
legislature to increase their decision-making power thus restricting various individual rights. .
Full Faith and Credit clause suggests that full credit and faith shall be given in each State to
the public Acts. And the Congress may prescribe the Manner in which such Acts shall be proved,
and the Effect thereof. This clause ensures that the court honors the court judgment of other
courts. The supremacy clause states that the Constitution binds all the treaties and laws made in
accordance to the same constitution. In cases of conflict between the local and the national
government the clause embodies the strategy that both governments should be allowed to act
without mutual interference. However, in times of serious conflicts, one governments act should
be given primacy over the other governments act
(John)
.
The United States has a federal system of government in which power is shared by national
and subnational political units. Discuss the evolution of federalism, beginning with the
Constitutional foundations of federalism and ending with the current movement. Give an
example of a contemporary political issue that illustrates the tension of federalism issues.
The dual federalism era (1789-1901) was characterized by little collaboration between various
governments. 1901-1960 marked the cooperative federalism period where there was great

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collaboration between different levels of the government. The social and economic difficulties of
this era were solved through the authorization of grant-in-aid and national income tax system.
The creative federalism era (1960-1968) saw a shift in the power relationship between various
government levels. This was achieved through the expansion of the grant-aid system. The period
between 1970 and the present day marked the contemporary federalism era.. An example of an
issue related to the contemporary era is the Obama care cases. In 2012, the court had to consider
whether the affordable care act exceeded the boundaries of the federal authority. This case was
reviewed under the provisions of the constitution which stated the relationship between different
government levels.
St. Petersburg College, a state supported institution, passed a College wide rule that
prohibits College community rooms from being used for the newly formed Squirrel Love
faith group. The College justifies its rule on the fact that state monies support the school
and that the ban is necessary to comply with the First Amendment. Is the Colleges actions
constitutional? What test would the Court use to evaluate whether this ban violates the
First Amendment? What would the outcome be of this test? Make sure you articulate what
part of the First Amendment this invokes, what are the particulars of the test, apply the test
and analyze for full points.
The colleges action is fair in its actions as the first amendment clearly states that the Congress
shall not prohibit people who assemble peacefully. However, the verdict has to be from the court
that analyzes the situation in the best way possible. The court will seek testimony and views from
the administration as well as the students of the college. If the group does not course
disturbances whatsoever to the other students, the group will be allowed. The situation is

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challenging as the amendment neither promotes nor restricts an individuals religion practices
(Cornel University).
A highly volatile area of constitutional interpretation is the First Amendments mandate
that Congress shall make no lawabridging the freedom of speech or of the press. Yet,
not all speech is protected. What speech is protected and what is not.
The press is allowed to speak freely on whatever they want. However, publishing of illegal,
improper or mischievous work results into punishable acts. Previous restraint does not confine
Prohibition of laws to this freedom ; that is because in every situation, the character is different
and thus his intentions are most likely different from those of the past (Cornel University).
The U.S. Constitution speaks to the rights of the criminally accused. What are the
Amendments that provide for those rights? Identify any judicially adopted rules that are
created to deter constitutional violations. Is the Constitutions preoccupation with the
rights of criminally accused evidence of the framers commitment to Negative rights (make
sure you define Negative Rights)?
The amendments that provide constitutional bases of the rights Americans can claim in cases
where one is accused of a felony are the 4th- 6th and the 8th. The fourth amendment denies the
government the right to make general searches as well as seizure peoples properties. However,
the Supreme Court allows the search of: the accused, things present around the accused, places
where danger is purported to be and things that are in the accused immediate control. The Fifth
Amendment forbids double jeopardy as well as the accusation of an individual to committing a
crime without investigation. The amendment grants the right to defendants refraining from
testifying against themselves. The 6th amendment grants the accused the right to counsel

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assistance for his/her defense. The 8th amendment prohibits unusual and cruel punishments. The
judiciary has adopted many rules that deter constitutional violations. An example includes the
state action whereby police officers are required to exercise their duties within the legally
agreed law, failure to which the evidence they collect is deemed inadmissible. A negative right
refers to the right not to be subjected to the actions of another individual or group. No, the focus
on negative rights is a means of ensuring that people are not wrongfully prosecuted for the acts
they did not commit or were even unaware of (American Government).
The 14th Amendment prohibits states from abridging the privileges or immunities of
citizenship or depriving any person of life, liberty, or property, without due process of
law. The U.S. Supreme Court has interpreted that to mean that separate is never equal
(Brown v Board of Education overruled Plessy v.Ferguson). With this in mind, is
affirmative action a natural successor to Brown v. Board? Can you reconcile affirmative
action with the 14th Amendment? Why or why not?
Yes, affirmative action is a natural successor to the Brown V .board. Yes, reconciliation is
possible since the amendment supports the protection of the right of every individual regardless
of their differences (Ricks).
The U.S. Constitution calls for a census every 10 years. Apportionment occurs shortly
thereafter. Discuss census, apportionment and redistricting and the constitutionality of
gerrymandering.
Census is done so as to systematically acquire and record information of its population.
Apportionment is the process whereby decennial census is conducted to determine the number of
representatives to which each state is entitled. The results are usually submitted to the president

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by December 31st of the census year. Redistricting is the process of redrawing boundaries for
which people elect their leaders for example a school board or even a city council. The data of
this process is submitted to census officials within a period of one year. Gerrymandering involve
the actions of curving out legislative districts for the purposes of gaining political advantage. By
curving, the districts, the political leaders are able to determine the voters they will handle during
election periods (Politics and Policy).
Identify & discuss Congresss constitutionally created checks on both the President and the
Judiciary
Checks and balances is a system created by the framers, in order to allow the branches of the
government (The Executive, The Legislature and The Judiciary), to influence each others
actions in an orderly and predictable manner. For example, the president, as the chief commander
of the armed forces, possesses great power during the war. Therefore, the Congress decided to
check his powers by ruling that only the Congress can declare war as well as pay for the war
expenses (National Center for Constitutional Studies).
Argue for or against the Constitutionality of executive orders. Does this tip the balance of
power for the Presidency? Identify a controversial executive order and discuss whether it
erodes the separation of powers principles embodied in our Constitution.

Executive orders are meant to be passed by the Congress and executed by the president.
However, the president may decide to execute against the laws. These tips favor to the president.
However, it is on rare occasions that the president executes while undermining his rule of law.
An example is when President Obama deferred the deportation of 5million immigrants. Many

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people argued that he was undermining the rule of law. According to my opinion, the president
has the power to make policies on which violations to prosecute or which to ignore (Somin).

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Works cited:
Gill, Kathy. US Political Theory. About News. 2015. Web. 27 Oct. 2015. <
http://uspolitics.about.com/od/usgovernment/tp/foundational_thinkers.htm >
John, Herbert. Politics and Law. Encyclopedia Britannia. 2015. Web. 27 Oct. 2015.<
http://www.britannica.com/topic/constitution-politics-and-law

>

Exploring Constitutional Conflicts.The Necessary and Proper Clause. Exploring Constitutional

Conflicts. Web. 27 Oct. 2015. <
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/nec&proper.html >
Bailey, Bill. The Necessary and Proper Clause. The Federalist Papers. Web. 27 Oct. 2015. <
https://www.thefederalistpapers.org/history/the-elastic-clause-the-necessary-and-proper-clause >
Findlaw.Article IV - U.S. Constitution. Findlaw. Web. 27 Oct. 2015. <
http://constitution.findlaw.com/article4.html >
The Heritage. Supremacy Clause. The Heritage Guide to Constitution. 2012. Web. 27 Oct. 2015.
< http://www.heritage.org/constitution#!/articles/6/essays/133/supremacy-clause >
Boyd, Eugine. American Federalism.USembassy. 6 Jan. 1997. Web. 27 Oct. 2015. <
http://usa.usembassy.de/etexts/gov/federal.htm >
Ryan, Erin. Obamacare and Federalisms Tug of War Within. Penn Programme on Regulation. 21
July 2012. Web. 27 Oct. 2015.< http://www.regblog.org/2012/06/21/21-ryan-federalism/ >
Cornel University. First Amendment. Cornel University Law School. 1992. Web. 27 Oct. 2015. <
https://www.law.cornell.edu/constitution/first_amendment >

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. American Government.Crime and Due Process. American Government. 2014. Web. 27 Oct.
2015. < http://www.ushistory.org/gov/10c.asp >
Ricks, Irelene. A Brief History of Affirmative Action in the United States. ncbi. 2004. Web. 27
Oct. 2015. < http://www.ncbi.nlm.nih.gov/pmc/articles/PMC520836/ >
United States Census.What Is the Difference between Apportionment and Redistricting? United
States Census. Web. 27 Oct. 2015.
< https://ask.census.gov/faq.php?id=5000&faqId=985 >
Politics and Policy.Gerrymandering - Proving All Politics Is Local. Politics and Policy. Web. 27
Oct. 2015.
< http://politicsandpolicy.org/article/gerrymandering-proving-all-politics-local >
National Center for Constitutional Studies.Checks and Balances. National Center for
Constitutional Studies. Web. 27 Oct. 2015 < https://www.nccs.net/checks-balances-limited-andbalanced-government.php >
Somin, Ilya. Why Obama's Immigration Policy Is Constitutional. Reason. 16 Dec. 2014. Web. 27
Oct. 2015. < https://reason.com/archives/2014/12/16/why-obamas-immigration-policy-isconstit#.t4nwbl:yy6N >