...American Government Test 1 1. Explain the three basic principles upon which the US constitution is based? The three basic principles which the U.S. Constitution is based on are federalism, separation of powers, and checks and balances. Federalism, or the federal system, is a method to divide the power of government between a strong national government and each of the states, with the national power being the most powerful. Separation of powers is basically a method of splitting up the power of government among the executive, legislative, and judicial branches. Checks and balances is a framework that gives each of the three branches some ability to oversee and control what the other branches do. 2. What were the principle weaknesses of the Articles of Confederation and what prompted the desire for change? The principle weaknesses of the Articles of Confederation were Congress not having specific power to tax, Congress not being allowed to regulate commerce among the states or with foreign nations, no provision for an executive branch or judicial system to handle the ongoing conflicts among the states, and its failure to provide for a strong, central government. Alexander Hamilton and George Washington saw the nation in such disrepair and were interested in land expansion and trade that they saw how much the country...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Freedom of Religion Scenarios “Your first case involved the eccentric Veronica, who did not practice traditional religion, but rather worshipped with poisonous snakes. Veronica argued her 1st Amendment rights to worship with poisonous snakes should be protected just like the 1st Amendment guarantees protection for other religions & the right for people to own guns. Her argument was the state should have never violated her religious practices. As judge or citizen, I can honestly say I have never heard of such faith & snakes scare the absolute hell out of me. There ain’t gonna be no snake worshipping in my town – judgment DENIED!” 1. Veronica’s beliefs may seem unusual but it still counts as a religion regardless whether you have heard of it or not. The establishment clause states that all religion must be read the same. The judge’s ruling is incorrect, especially because he/she is afraid of snakes and has never heard of these practices before. However, judge’s ruling would make more sense of he/she focused on dangers of poisonous snakes, since they have the ability to kill. If there is a possibility of snakes causing harm, then it would be rational to curtail that religion. For instance, religious extremists are not allowed to act on terrorism/violence, despite what their religion may preach... you cannot stone a woman to death simply because she cheated on you. In other words, there is a difference between practicing your religion and causing damage by your religion. You can...
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...DOES JESUS BELONG IN PARLIAMENT? AN EXAMINATION OF FREEDOM OF RELIGION PROVISIONS IN PUBLIC BODIES IN NEW ZEALAND, CANADA, AND THE UNITED STATES by ELIZABETH G. FOX 28 August 2009 1 I INTRODUCTION New Zealand does not have a state religion in the way that other countries do.1 The Church of England, for example, has its doctrine and prayer book ratified by Parliament and has the Queen as supreme authority over both ecclesiastical and civil matters.2 However, the central legislators of this country listen to the Speaker of the House open each Parliamentary session with the following prayer.3 Almighty God, humbly acknowledging our need for Thy guidance in all things, and laying aside all private and personal interests, we beseech Thee to grant that we may conduct the affairs of this House and of our country to the glory of Thy holy name, the maintenance of true religion and justice, the honour of the Queen, and the public welfare, peace, and tranquillity of New Zealand, through Jesus Christ our Lord. Amen. Is this appropriate in a country that professes no state church and the tolerance of all religions equally?4 Religious content has historically infiltrated governing and administrative bodies. However, with the cultural disestablishment of Christianity and the emergence of toleration for all faiths, there continues to be the presence and preference of a small set of religions by the State. The degree to which religion interacts with the State varies with...
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...Most people generally accept that as a country, America was founded on religions principals. Many of the writings of the founding fathers, including our own Declaration of Independence, include religious doctrine as not only the partial justification for our separation from mother England but also as a part of the vision of how our new nation would be successful. Over time, our society and culture have changed so that today, even though people claim to be religious, religion is certainly not as main stream in our culture as it once was. By better understanding our society in colonial America, how the denominational makeup of churchgoers has changed, how our legal system has both protected and not protected religion’s presence in our daily lives, the influence of different organizations and social movements on religious practices and perceptions, the change in how Christians are perceived and finally the changes in the message that the church is preaching the reader will be able to understand not only how America has changed but also how contemporary Christian leaders and organizations are trying to remain relevant and consistent with God’s word. Colonial America & Our Founding Fathers From the settling of our nation to the Revolutionary War, religion was much more a part of mainstream society. The pervasive nature of religion had an impact on those who led the fight for our freedom. The period of history leading up to the Revolutionary War is commonly referred to as the...
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...4(3)- University making Punjabi the sole medium of Instruction and examination-Action ultra vires the power conferred by section-Also infringes rights of religious minority to conserve their script and administer their institutions. HEADNOTE: The petitioners are educational institutions founded by the D.A.V. College Trust and Society registered under the Societies Registration Act as an association comprised of Arya Samajis. These institutions were, before the reorganisation of the State of Punjab in 1966, affiliated to the Punjab University constituted under the Punjab University Act, 1947. The Punjabi University was constituted in 1961 by the Punjabi University Act (35 of 1961). After the reorganisation, the Punjab Government under s. 5 (1) of the Act specified the areas in which the Punjabi's University exercised its power and notified the date for the purpose of the section. The effect of the notification was that the petitioners were deemed to be associated with and admitted to the privileges of the University and ceased to be associated in any way with the Punjab University. The Central Government notified under s. 72 of the State Reorganisation Act that the Punjab University ceased to function in the areas notified by the Punjab Government. Thereafter, by a circular dated June 15,...
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...Prayer in Public Schools Derrick DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents...
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...OF DEBATE SUMMARY for Should Churches Remain Tax Exempt? Should Churches Remain Tax Exempt: Pro Side Debate Summary This week’s Learning Team B discussion was initiated by team members' research and posting of several arguments to support our debate topic of churches remaining tax exempt. The list of arguments reflects a comprehensive range of vantage points that include constitutionality, fiscal advantage and impact to community. Subsequent team member posts articulated individual posture or provided supplemental commentary from public opinion polls and notable expert quotes. Requiring churches to pay taxes would endanger the free expression of religion and violate the Free Exercise Clause of the First Amendment of the US Constitution. Supporting comments: Being a nonprofit 501(c)(3) organization directly limits the control that the government can have on how the organization is run. If churches are stripped of their 501(c)(3) status, then the government can control them and essentially force them to do and say what the government wants (Retrieved from Debate.org opinion poll on the question: Should churches and other religious organizations remain tax exempt?) A tax exemption for churches is not a subsidy to religion, and is therefore constitutional. Supporting Quote: "The grant of a tax exemption is not sponsorship, since the government does not transfer part of its revenue to churches, but simply abstains from demanding that the church support the state. No one...
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...changes have been made in regards to the authority of schools. State and federal governments are more involved now than they were years ago. States began assuming more responsibility for schools and education after World War II (Guthrie, 2002). This essay will discuss and describe how the evolving role of state and federal government in U.S. education, different cases and laws that have evolved or had an impact on education, and an analysis of the church/state debate in public education. There were originally two models for local school districts: the New England model and the Southern model. The New England model enacted the Old Deluder Satan Act in 1647, which established township school districts. Schools were local or municipal, school boards consisted of laypersons, and the school boards were viewed as a “special” government and their authority was limited to education. The Southern model established parishes, and these states had a heavy reliance on county government. During the early 20th century, Americans began viewing the education system as ineffective because it relied on small local school districts too much. Academic and business leaders fought to get rid of small and rurally dominated school boards. This became known as the school district consolidate movement, and it helped eliminate districts and financial help allowed the consolidation of some districts into larger schools....
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...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the American...
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...Chapter 1 ------------------------------------------------- The Constitutional Foundations ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank, = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS 1. State laws are the supreme law of the United States. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 2. The federal government and the states have the same constitution. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 3. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Comprehension DIF: Moderate AICPA: BB-Legal 4. Statutory law includes state statutes and ordinances passed by cities and counties. ANSWER: T PAGE: 2 TYPE: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Critical Thinking 5. Statutes are laws enacted by Congress and the state legislatures...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
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...Susongsha 1 1 Susongsha Shrestha Sherry Sharifian Govt 2305 February 11, 2018 Civil Rights and Civil Liberties According to Benzine, civil liberties are limitations placed on the government. They prohibit the government from carrying out activities that infringe people's freedom. The First Amendment provides freedom of religion and hinders government interference. In contrast, civil rights are restrictions on the powers of the majority. They prevent people from making decisions that benefit them at the expense of others. They are assurances of equal conditions by the government. They protect minorities from discrimination by the majorities. An example is same-sex marriages. It seems like a civil liberty issue except not all individuals can...
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...The purpose of this essay is to discuss whether employers in New Zealand should have the right to hire and fire workers without the threat of having to defend against an unjust dismissal claim should they decide to discontinue that employment relationship. It’s required to take a position; for or against employment at will for New Zealand employers and describe then trade-offs that would take place if such a policy was introduced to New Zealand law. We do have an example of a type of at will law in New Zealand with many arguing we are half way to the same law currently in place in the United States of America where there have been many arguments for and against the doctrine. Many believe that it is an antiquated policy should be on its way out. However others believe that it has been eroded to the point where it is no longer as straightforward as it was upon its creation and enactment and no longer a threat to employees but rather a law in their favour. To understand employment in New Zealand we must first define the employment relationship. There are three sides to the employment relationship; your side, their side and the law, or; the employee, the employer and the law (Employment Relations Centre, 2006). An employee is “someone who has agreed to be employed, under a contract of service, to work for some form of payment” (Department of Labour, 2011). An employer is an entity who gives directions to a person or worker under an employment agreement then pays wages or salary...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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