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xxiv AMERICAN GOVERNMENT: WHat%u2019s insiDe tHe seConD eDition Strategies and tips to help you on the exam Exam-specific training and practice is emphasized in each chapter 188 CHaPteR 6 %u2022 the Federal Judiciarypublished in a New York newspaper in January 1788, warned against this very possibility. In granting the Supreme Court the power to overturn legislation, %u201cBrutus%u201d argued that the nation would run the risk of unconstrained justices imposing their own views of what is constitutional and what is not. He cautioned, %u201cThe opinions of the supreme court, whatever they may be, will have the force of law, because there is no power provided in the constitution that can correct their errors or control their adjudications.%u201d 35In Federalist No. 78 , Alexander Hamilton sought to reassure skeptical Antifederalists and others that the federal judiciary would not trample upon their rights and liberties. Hamilton argued that members of the federal judiciary %u2014 because of the process of their selection and their lifetime tenure %u2014 would stand apart from politics and be able to %u201csecure a steady, upright, and impartial administration of the laws.%u201d 36 Compared to the power of the sword and the purse, Hamilton reassured, the federal judiciary %u2014 exercising only the power of judgment and operating outside of politics %u2014 did not pose a threat to liberty. He argued that the judiciary needed protection from encroachment on its limited powers by the other two branches. Federalist No. 78 essay by alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. at this point in the course, you have had an opportunity to read most of the required foundational documents. When reading foundational documents, recall what you know about the author. For example, we know that alexander Hamilton was a strong proponent of the Constitution and was one of the three authors of The Federalist Papers . as you read this excerpt from Federalist no. 78, keep Hamilton%u2019s perspective in mind. Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them. The executive not only dispenses the honours, but holds the sword of the community; the legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated; the judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and it must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. %u2014 Alexander Hamilton, Federalist No. 78 1. Describe Hamilton%u2019s view of the power held by the executive. 2. Describe Hamilton%u2019s view of the power held by the legislature. 3. explain why, according to Hamilton, the judiciary is not as powerful as the executive or the legislature. 4. identify a power of the judiciary that Hamilton omits from this quote and explain why Hamilton omits this power in making his argument. AP%u00ae Political Science SKILLS Interpreting Foundational Documents Preparing for the AP%u00aeExamation of the U.s. Constitution 49cording to ates all the to reassert mall as is it r therefore he states is body of ty over ure, will ty, and at all. 33 it, that t if this mental, ness of y f a republic had argued the United an governore distant ess having e national ould grow overnment. tional govutting their n republic list No.%u00a051ls were to cessary. In t difficulty in the next was to pront any one ent should ers of each he others.%u201d accumulatovernment, Federalist No. 51 an essay in which Madison argues that separation of powers and federalism will prevent tyranny. Federalist Papersno.%u00a010 and no. 51 and antifederalist Paper Brutus no. 1 are required documents for the aP %u00ae exam. this book summarizes the arguments in each document. However, you need to read the original documents carefully, making sure you understand the arguments that are made and are able to apply them to new scenarios. AP %u00ae TIP omits from this quote and explain why Hamilton omits this power in making his argument. 2.4 %u2022 Ratification of the U.s. Constitution 53legislatures with unease. These institutions had often trampled on the rights of minorities, especially members of religious minorities and former supporters of Great Britain, whose wealth the members of state legislatures wanted to seize. The framers intentionally placed obstacles in the path of those who would use the government to give in to unrestrained popular demands. The distrust of democracy is shown in the way officials were selected to hold office. Under Article I, Section 2 , only members of the House of Representatives were directly elected, and their terms were a short two years. Until ratification of the Seventeenth Amendment in 1913, senators were chosen by state legislatures for six-year terms. Under Article II, Section 1 , the president is selected by an Electoral College, which allows the elite, rather than average citizens, to choose the executive. There is no single explanation for the motives of all of the framers as they sought to create a new government. The founders of the American Republic were practical men. They understood short-term political tactics and long-term strategies for governing a large, the argument essay requires you to write a thesis statement, support your thesis with specific and relevant evidence, use reasoning to explain how your evidence supports your thesis, and respond to an opposing perspective. this is the first of several aP %u00ae %u00a0exam Practice features that will focus on the skills necessary to write a good argument essay. We start with how to write a good thesis statement. it is extremely important for you to earn the thesis point on the argument essay. if you do not earn the thesis point, you will not be able to earn some of the other points on the essay. the prompt will require you to take a position on an issue. Here is a sample prompt: %u201ctake a position on whether limited government or representative government is more important in maintaining american democracy.%u201d a good thesis statement will do the following: 1. Present a clear position. Don%u2019t sit on the fence. Pick one side of the argument and go with it. 2. Restate the prompt. By restating part of the prompt, you will show the aP %u00ae exam Reader that you understand the topic. 3. include a because statement that shows your reasoning. a%u00a0thesis statement that does not include reasoning is called a simple or factual thesis and will not earn a point on the aP %u00ae exam. a thesis statement that includes reasoning, called an analytical thesis , is required to earn a point on the aP %u00ae exam. 4. Make sure to provide enough reasoning in your thesis statement to let the Reader know your train of thought. Don%u2019t just %u201cname-drop%u201d a term or the name of a document. Part A: You Decide Which thesis statement would earn a point? thesis 1: %u201cRepresentative government is more important than limited government in maintaining american democracy.%u201d thesis 2: %u201climited government is more important than representative government in maintaining american democracy because checks on power prevent the government from infringing on individual rights.%u201d thesis 3: %u201cthere are times when limited government is more important than representative government in maintaining american democracy, but there are other times when representative government is more important in upholding american values.%u201d thesis 4: %u201cRepresentative government is more important%u00a0than limited government in maintaining american democracy because of the Declaration of independence.%u201d Which thesis statement would earn a point and why? Part B: Your Turn Write a thesis statement that addresses the following prompt: take a position on whether the Constitution gives too much power to the national government. Remember to follow the four requirements listed above for writing a good thesis statement. Don%u2019t worry if you do not catch on right away. throughout this book you will have plenty of chances to write thesis statements. AP %u00ae Exam PRACTICE Writing a Thesis Statement Preparing for the AP %u00ae Exam Throughout the margins of the book, AP %u00ae Tip boxes provide built-in support and strategies to help you ace the exam. Integrated Skills and Practice Features Throughout the book, two recurring features, AP %u00ae Political Science Skills and AP%u00ae Exam Practice, guide your exam preparation. Political Science Skills boxes help you develop the reasoning and analytical processes needed to understand the course, such as how to analyze data presented in different forms or how to read and interpret foundational documents or cases. maintaining american democracy.%u201d when representative government is more important in upholding american values.%u201d 194 CHaPteR 6 %u2022 the Federal Judiciarycommissions %u2014 Marshall risked being ignored by the president or even impeached by the Republican-controlled Congress. Marshall could deny Marbury%u2019s petition, thus preventing a confrontation with Jefferson and his Republicans. However, to do so might send a message that the judiciary was weak in the face of powerful political forces, which could deal a blow to its power, prestige, and independence. The way in which Marshall dealt with this dilemma continues to shape the role of the Supreme Court in American political life to this day. Marbury v. Madison and the Establishment of%u00a0Judicial%u00a0Review In the case of Marbury v. Madison , Marshall broke the decision before him into three separate questions. First, the chief justice asked if the men were entitled to their commissions. To this first question, Marshall, in his opinion, answered yes. The president had signed the commissions. Presidential signing of commissions is the last formal act before the appointment is finalized, and that had been done. Delivery of the commissions, Marshall noted, %u201cis a practice directed by convenience, but not by law.%u201d 50 Once this part of the decision was established, Marshall considered whether or not the Court could provide Marbury and the other plaintiffs with a legal remedy. To this second question, Marshall also answered in the affirmative, arguing that %u201cthe individual who considers himself [so] injured has a right to resort to the laws of the country for a remedy.%u201d 51 Marshall presented a third question for the Court: Were Marbury and the other plaintiffs entitled to the remedy that they sought %u2014 the writs of mandamus? To this question, Marshall answered no. The power to issue these kinds of writs in this particular instance, he declared, had been improperly given to the Court by a section of the Judiciary Act of 1789. 52 Marshall argued that when Congress granted the Court the authority %u201cto issue writs of mandamus to public officers,%u201d it was attempting to expand the scope of the original jurisdiction of the Court, which Congress cannot do. Article III of the Constitution limits the Supreme Court%u2019s original jurisdiction to a few, specifically AP%u00ae REQUIRED SUPREME COURT CASE BRIEF: Marbury v. Madison (1803) Facts William Marbury was appointed to the federal judiciary under the Judiciary act of 1801. His appointment was confirmed by the senate, but the Jefferson administration did not deliver his commission. Marbury sued, asking the supreme Court to issue a writ of mandamus requiring the Jefferson administration to deliver his commission. Issue is the Judiciary act of 1789, which gave the supreme Court the power to issue a writ of mandamus, constitutional? Decision and Holding Madison won. the supreme Court overturned the portion of the Judiciary act of 1789 that authorized the Court to issue the writ of mandamus requested by Marbury. Reasoning the Judiciary act of 1789 expanded the supreme Court%u2019s powers beyond what is enumerated in article iii of the Constitution. therefore, that portion of the Judiciary act is unconstitutional. the Constitution is the %u201csupreme law of the land,%u201d and the supreme Court has the power to overturn acts of Congress that violate the Constitution. this established the power of judicial review. Preparing for the AP%u00aeExamMarbury v. Madison (1803) the supreme Court decision that established judicial review over federal laws. Judicial nominee William Marbury, whose suit against James Madison in Marbury v. Madison established judicial review of federal law. sarin images/GRanGeR-all Rights Reserved AP%u00ae Exam Practice boxes provide strategies for approaching the various question types you%u2019ll encounter on the exam, such as how to construct your free-responses for the maximum points. Each boxed feature is accompanied by a brief video to help you take your preparation a step further. is the Judiciary act of 1789, which gave the supreme Court the power to issue a writ of mandamus, constitutional? Madison won. the supreme Court overturned the portion of the Judiciary act of 1789 that authorized the Court to issue the writ of mandamus requested by Marbury. the Judiciary act of 1789 expanded the supreme Court%u2019s powers beyond what is enumerated in article iii of the Constitution. therefore, that portion of the Judiciary act is unconstitutional. the Constitution is the %u201csupreme law of the land,%u201d and the supreme Court has the power to overturn acts of Congress that violate the Constitution. this established the power of judicial review. to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.%u201d Hamilton argued that having more than one executive decreases the ability to protect the nation and weakens the ability to take strong, decisive action, %u201cDecision, activity, secrecy, and despatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished.%u201d Hamilton argued that countries with dual executives often face dissention and disagreement, which deprives citizens of the faithful execution of executive duties. Federalist No. 70 concludes by pointing out that it is easier for the public to keep watch over a single executive. PresidentialPowersAP %u00ae REQUIRED FOUNDATIONAL DOCUMENTS Federalist no. 70 is one of the nine foundational documents required in aP%u00ae U.s. Government and Politics. Make sure you read it carefully and understand why Hamilton argues in favor of a strong executive. Document Scope Federalist no. 70 Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property. He also argues that a single executive can be held more accountable by the public. Preparing for the AP%u00aeExam Required Supreme Court Case Briefs The exam%u2019s fourteen required U.S. Supreme Court cases highlight the role of the U.S. Supreme Court in interpreting the Constitution and the Bill of Rights. In this book, each case is addressed with an in-depth discussion detailing its importance to the AP %u00aecourse, and a special table that distills the key information needed for the exam. Required Foundational Documents The AP %u00ae course focuses on nine foundational documents, including the Declaration of Independence and the U.S. Constitution. These documents are woven throughout the narrative of American Government , with enriching quotes and important context to explain their relevance, and tables summarizing the key features of each document. %u00a9 Bedford, Freeman & Worth Publishers. For review purposes only. Do not distribute.