American Government and the Constitution Homework Five Answers

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U.S. Govt. Constitution Lecture 5 Homework Andrew B


1. The three branches of the government are the Judiciary, Legislative, and the executive branches. I think that the Judicial branch is the least dangerous. Because they cannot pass bills or make important decisions UNLESS their is a case for which they are judging. My point is, the judicial district is only as bad as the nations people, or congress let it be.

"THEIR IS A CASE" -> "THERE IS A CASE." THE SUBSTANCE OF YOUR ANSWER IS SUPERB.

2. “Rule Four” is the rule that if 4/9 supreme court judges vote to hear a case then they hear the case. The supreme court gives decisions to about 75 cases a year, only about 1% of the tens of thousands of cases brought before them.

"GIVES DECISIONS TO" IS WRONG WORDING. "GRANTS CERT. TO" WOULD BE BETTER. OTHERWISE THE SUBSTANCE OF YOUR ANSWER IS CORRECT.

4. An article III judge is one that is elected by the president for a lifetime term in a federal I.E. a district court, court of appeals. non-Article III judges are magistrates or bankruptcy judges and are appointed for terms, like eight years. These jobs are not guaranteed like article III judges jobs.

NOT "ELECTED", BUT "NOMINATED" BY THE PRESIDENT. OTHERWISE YOUR ANSWER IS CORRECT.

5. Two different types of constitutional interpretation are, Textualism (which I believe is the better of the three) and the idea of “An Evolving Constitution.” Textualism is the idea that, the writers of the constitution meant what they said. Plain and simple. If they say one thing they MEAN it. The idea of “An Evolving Constitution”, is the idea that the founding fathers could have never foreseen what our generation would be like and therefore, we should be able to make little adjustments here and there in the constitution to how we see it should be. An example of one issue with two different viewpoints would be a right to abortion. Textualism says that their is no right to abortion because abortion is not mentioned in the constitution. The idea of “An Evolving Constitution” would say that since it wasn’t in the original we should just ignore it for this issue and allow it.

THEIR IS -> THERE IS. YOUR EXPLANATION OF AN "EVOLVING CONSTITUTION" IS CORRECT AS TO ITS CONCLUSION, BUT THE REASONING IS SLIGHTLY OFF. (-1) AN "EVOLVING CONSTITUTION" DOES NOT REALLY CARE WHETHER SOMETHING IS IN THE ORIGINAL CONSTITUTION OR NOT.

6. State court are different from federal courts in the sense that, state courts see cases that only affect their states and do not exceed an amount of over 75,000 in disagreements between two states. Federal courts handle bigger, more nationally affecting cases. There are about 30,000 state court judges and 1,700 federal judges. A case that may be heard in state court would be someone suing their neighbor for picking the apples off their tree. Federal courts would hear a case of a hundred thousand dollar jewelry theft.

CORRECT, WITH EXAMPLES THAT EXPLAIN THE DIFFERENCE WELL.

8. I think that violent video games should not be allowed to be should to people under the age of 18 due to possible emotional damage. These games are NOT good for anyone, BUT, I suppose they are technically protected by the constitution. So I wouldn’t recommend them for anyone, especially not children. Not only are they potentially emotionally damaging but also a waste of time. The supreme court in Brown v, Entertainment Merchandise Association decided by a 5/9 majority that video games were a right of freedom of speech under the constitution and therefore the sale of them is not to be impeded. I find this to potentially be a nationally damaging decision.

SUPERB ANALYSIS. ("TO BE SHOULD" -> "TO BE SHOWN").

9. Article III judges are appointed by a president for a lifetime term. I think that this is a very bad system that should be changed. This system enables a president to sway the influence in the courts for a very long time. The system should be based off of 15-20 terms. This way if a judge is not very good s/he can still be kicked out. But it also gives s/he a chance to prove that s/he is worthy of the position.

EXCELLENT ANSWER.

TOTAL: 69/70. GOOD WORK!