Separate branches of government are equal with specific responsibilities as well as being able to hold the other branches accountable.

A way to handle the governments money

A method for one branch of government to take the powers away from another branch

The United State Constitution Vocabulary Review

Richard Bland College (RBC), Virginia’s selective, two-year, residential, liberal arts transfer institution, was born through innovation. In 1959, years before the Virginia Community College system was imagined, Frank Ernst – a Gateway region native, entrepreneur, and retired executive of Hopewell’s Allied Chemical Plant – proposed the creation of an institution grounded in the liberal arts tradition with opportunities for specialized training in in-demand fields such as engineering to the State Council of Higher Education. After discussions with Virginia Tech and the University of Virginia, Ernst found a willing partner in the College of William & Mary, the second-oldest university in the United States, who founded Richard Bland College in 1960. RBC has since offered multiple certificates and university-parallel two-year degrees. The College was named for the Virginia statesman and champion of public rights, Richard Bland. Son and grandson of successful planters, Richard Bland was educated at The College of William and Mary. From 1742 until his death in 1776, he represented the area in which the College is now located, first in the House of Burgesses, and later, with the adoption of a state constitution, in the House of Delegates. He also served as a delegate from Virginia in both the First and Second Continental Congresses. It seems fitting, therefore, that an institution of higher learning located in an area served for so many years by this distinguished Virginia patriot and scholar, should derive its name from one whom Jefferson described “as the most learned and logical man of those who took prominent lead in public affairs.” Before the Civil War, the property on which the College is now located was a plantation owned by the Gurley family. It became an important part of the Union-occupied territory during the 1864-1865 Siege of Petersburg. The present campus was the scene of two battles during that campaign. Shortly after the turn of the century, Hatcher Seward established a dairy and cattle farm on the former Gurley property and constructed two farmhouses. Today they serve as the President’s residence and the Hospitality House. In the early 1900s, the still-beautiful grove of pecan trees was planted. The farm was used as a work camp for about twenty conscientious objectors during World War I. The Commonwealth of Virginia authorized Central State Hospital to purchase the land in 1932 for use as the Petersburg Training School and Hospital for African-American Youth. That institution was moved in 1959, and the land, still owned by the Commonwealth, became the location for the establishment of Richard Bland College of The College of William and Mary. Under the guidance of Colonel (Ret.) James M. Carson, the former hospital and training facility was transformed into Richard Bland College, and classes were held beginning in 1961. In the late 1960s, Ernst Hall (named for a local business leader influential in the establishment of the college) was added to the original campus. In addition, a Student Center Library building and a gymnasium also were constructed in the early 1970s. Colonel Carson retired as the founding President of the College in 1973. From 1973 through 1975, Dr. Cornelius Laban, Professor of Biology, Emeritus, served as the Acting President of Richard Bland College. In 1975, Dr. Clarence Maze succeeded Colonel Carson as Richard Bland College’s second President. During his tenure, Richard Bland College expanded its academic programs, added an Asian water garden that was designed by Dr. Maze and expanded international programs and travel. In recognition of his service to the College, the renovated administration building was named Maze Hall upon his retirement in 1996. In 1996, Dr. James B. McNeer succeeded Dr. Clarence Maze as Richard Bland College’s third President. Dr. McNeer introduced a residential life program and oversaw the addition of the Residential Village in 2008. The Residential Village was comprised of two dormitories, Freedom Hall and Patriot Hall, which housed 250 students. A new Science and Technology Building was added in 2010, and in recognition of his service to the College, this building was named James B. McNeer Hall. Dr. McNeer retired in 2012. In 2012, Dr. Debbie L. Sydow succeeded Dr. James McNeer as Richard Bland College’s fourth president. Dr. Sydow expanded the reach, range and diversity of students attending Richard Bland College. She oversaw a physical campus transformation through extensive building renovation and new construction, creation of a Business Innovation Park, and conservation of the iconic pecan grove and water garden. President Sydow reinstituted intercollegiate athletics in 2013 and has since hailed three NJCAA national championship teams. She supported the Foundation’s emergence as a vibrant, entrepreneurial organization led by a Board of Directors composed largely of alumni, and she secured the largest private gift in College history to launch the W&M Promise Scholars program. By effectively leveraging partnerships, President Sydow boosted work-based learning and expanded academic and career pathways for students.

Separation of Church and State: The distance in the relationship between organized religious and the nation state. Due process: The government must act fairly and in accord with established rules in all that it does. Free Speech: Speech that is protected by the First Amendment to the United States Constitution Right of Assembly: The freedom of meeting together in groups protected by the first amendment. Constitutional Guarantee: The idea that the Constitution guarantees certain rights to all people. Civil Liberties: The guarantees of the safety of persons, opinions, and property from the arbitrary acts of government including freedom of religion. Civil Rights: A term used for those positive acts of government that seek to make constitutional guarantees a reality for all people, prohibitions of discrimination. Equal Protection: a guarantee under the 14th Amendment to the United States Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances Racial Discrimination: Prejudiced or prejudicial outlook, action, or treatment based on race. Religious Liberty: Religious freedom based on the establishment and free-exercises clauses of the first amendment.

During the American Revolution, the Founding Fathers met to develop a government that would take over as soon as the British left. By 1777, they had written the Articles of Confederation, which created the first United States government. Under the Articles, the states joined together in an alliance of separate state powers with a very weak central government. For example, the government could not collect taxes or keep a standing military. After ten years, the Founding Fathers realized the Articles created a government that was too weak to work! They decided it was time for a change. The Founding Fathers wanted a stronger government that had more authority with the states. Representatives from each state gathered in Philadelphia on May 14, 1787 to discuss possible changes. They agreed on a federalist government, where a central power would oversee and share authority with the states. To make sure the federal government did not gain too much power, they created three branches to provide for checks and balances. The legislative branch would make the laws, the judicial branch would interpret the laws, and the executive branch would enforce the laws. This solved many problems, but one large issue remained: how would the states be represented in this new federal government? At first, the bigger states wanted the population of a state to determine the amount of representation. But the smaller states called foul! The bigger states would end up deciding the laws for everyone. The smaller states suggested that each state have an equal number of representatives. But that would end up giving smaller states too much power. Finally delegates from Connecticut submitted a solution: Why not have two houses make up the legislative branch? The Senate would have an equal number of representatives from each state. Representation in the House of Representatives would be based on the state’s population. This model is called bicameral representation and helped the delegates find a compromise. Between May and September 1787, the delegates at the Constitutional Convention compromised on many issues in order to unite and build a strong national government. They decided the office of the executive would consist of one person and that the national government would have the power to tax and to create a military. These decisions determined that the new federal government would have more authority than before. Some delegates disagreed with the new system, but many of their concerns would be addressed when the Bill of Rights was added to the Constitution in 1789. Looking Ahead At the end of the Constitutional Convention, the delegates signed the Constitution. Many saw a bright future ahead for the United States. The document guarantees a government with three branches based on a system of checks and balances. The delegates of the Convention successfully created a government that addressed the needs of small and large states alike, while providing for a federal government that would tie them together.

Describe the structure and powers of the executive branch of the U.S. government. Executive Structure: Chief Executive: President -- needs a majority (270 votes) of the electoral vote to win -- if no majority -- goes to House of Reps (each state’s reps collectively get one vote for President: V.P. decided by Senate (each Senator getting one vote); 4 year term; can only be re-elected once (22nd Amendment); must be at least 35 years old and a natural-born citizen of the United States and resident for 14 years President’s Cabinet -- his formal advisors made up of the heads of executive departments (over a dozen departments today) (i.e. State Department (Secretary of State), Justice Department (Attorney General), Department of Defense (Secretary of Defense), Department of Health and Human Services, Department of Education, Department of the Interior, Department of Labor, Department of Commerce, Department of Agriculture, Department of Homeland Security, Department of Energy, Department of Transportation, Department of Housing and Urban Development) Executive Powers: Enforces the laws Can issue executive orders Can veto proposed legislation Acts as commander in chief of military With the consent of the Senate -- makes treaties with other nations Nominates ambassadors and Supreme Court justices, court of appeals judges, and district court judges (confirmed by the United States Senate) Can grant pardons to people convicted of violating federal (national) laws How can a U.S. President be removed? If commits certain crimes related to their duties -- House of Representatives can vote to impeach the president (to impeach = to formally accuse the president of the crimes specified in the Constitution) -- only three so far -- Donald Trump (2020), Bill Clinton (1998), and Andrew Johnson (1868); Nixon resigned before could be impeached (1974) If the House of Reps votes to impeach, the Senate puts the president on trial, with the senators serving as the jury. -- If found guilty, the president is removed.

Fed. 51: To the People of the State of New York: TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention. In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another. Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear. Some difficulties, however, and some additional expense would attend the execution of it. Some deviations, therefore, from the principle must be admitted. In the constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle: first, because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that department, must soon destroy all sense of dependence on the authority conferring them. It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices. Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal. But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State. But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department? If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test. There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an hereditary or self-appointed authority. This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties. The second method will be exemplified in the federal republic of the United States. Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority. In a free government the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of people comprehended under the same government. This view of the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased. Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradnally induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful. It can be little doubted that if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits would be displayed by such reiterated oppressions of factious majorities that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it. In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good; whilst there being thus less danger to a minor from the will of a major party, there must be less pretext, also, to provide for the security of the former, by introducing into the government a will not dependent on the latter, or, in other words, a will independent of the society itself. It is no less certain than it is important, notwithstanding the contrary opinions which have been entertained, that the larger the society, provided it lie within a practical sphere, the more duly capable it will be of self-government. And happily for the REPUBLICAN CAUSE, the practicable sphere may be carried to a very great extent, by a judicious modification and mixture of the FEDERAL PRINCIPLE. PUBLIUS.

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

The United States Constitution

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