American Government and Constitution Lecture 7 Homework Andrew B
1. The right to a trial by jury is debatebly the most important because it demands impartial people to judge. There people live ordinary lives and are not really going to be affected by their decision. Therefore, it should be completely honest and from the heart.
2. Marbury Vs. Madison established the right to a judicial review. Judial Review gives the supreme court the right to look at a law passed by congress and decide whether or not it is fair. I think that judicial review is a poor system, it causes the supreme court to have to much power and ultimatly makes congress not in charge of the laws.
3. Thomas Jefferson was completely against the concept of Judicial Review. He states, "... Certainly there is not a word in the Constitution which has given the power to them more than to the Executive or Legislative branches." What he means by this is that the power of judicial review gives to much power to the judicial branch. I completely agree with Jefferson on this issue.
4. Term limits are neccesary to a good democratic republic such as ours. Term limits prohibit leaders in politics from using their power unjustly. Term limits keep leaders from doing things that they know the people wouldn't like. Term limits apply to almost every branch in the government exept for judges in the supreme court.
5. The Eight amendment should be applied simply to pain when regarded to cruel and unusual punishment. For instance if someone murders someone the death penalty should still be applied as it is a shot and not something like hanging or tar and feathering.
6. The Incorperation Doctrine is something that the Supreme Courts came up with to "incorperate" the bill of rights into the 14th ammendment, thus, causing thm to be applied against the states.
8. Different types of federalism include dual federalism, cooperative federalism, centralized federalism, and new federalism. The more liberal of these is centralized federalism which focused on government power in health care, cities, and schools. Conservatives prefer duel federalism which has a federal govenrment no more powerful than states governments.
9. The equal protection clause states that "No state shall... deprive any person of life, liberty, or property, without due process of law." This ensures that no decision regaurding someone and their possesions or life shall be made without the due process required by law. I.E. Trial.