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differing opinions

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  1. Date: November 13, 2013Topic: The Electoral College, Bill of Rights, and Judicial Branch.Aim: How does the Constitution protect individual rights and freedoms?Do Now: Take out handouts from Friday.

  2. differing opinions • A popular election in this case is radically vicious. The ignorance of the people would put it in the power of some one set of men dispersed through the Union, and acting in concert, to delude them into any appointment -- Delegate Gerry, July 25, 1787 • It is necessary then that the Executive Magistrate (President) should be the guardian of the people, even the lower classes, against Legislative tyranny, against the Great and the wealthy who in the course of things will necessarily compose the legislative body. Wealth tends to corrupt the mind and nourish its love of power, and to stimulate it to oppression…The Executive therefore ought to be so constituted as to be the great protector of the mass of the people – Gouverneur Morris of Pennsylvania 1787 How do the opinions of Gerry and Morris differ? Provide specific examples.

  3. How does this system reflect FEDERALISM?

  4. How does this FEAR demonstrate the overall feelings of the Founders toward the citizens? How does the Electoral College system impact the candidate’s campaign?

  5. Is the Electoral college still a viable way to elect our president? 5 Arguments 1. The Electoral College, in recognizing a role for states in the selection of the president, reminds us of their importance in our federal system. 2. The Electoral College encourages more person-to-person campaigning by candidates, as they spend time in both the big cities and smaller cities in battleground states. 3. In close, contested elections, recounts will usually be confined to a state or two, rather than an across-the-country recount that might be required if we had direct election of the president. 4. The Electoral College, with its typical winner-take-all allocation of votes, often turns a small percentage margin of victory into one that appears much larger, thus making the victory seem more conclusive and adding to the winner's perceived legitimacy. 5. It's fun on election nights to watch states light up in different colors on television network maps of the U. S.

  6. 5 Arguments for • 1.  When the winner of the Electoral College is not the candidate who received the most votes of the people, the new president will face questions about his legitimacy. 2.  Most Americans believe that the person who receives the most votes should become president.  Direct election is seen as more consistent with democratic principles than is the Electoral College system. 3.  The Electoral College gives disproportionate weight to the votes of citizens of small states. For example, a vote by a resident of Wyoming counts about four times more--electorally--than a vote by a California resident. 4.  If presidents were elected by direct popular vote, they would wage a campaign and advertise all across the nation, rather than (as they do in the Electoral College system) concentrating almost all of their time and effort in a handful of battleground states.  The Electoral College system encourages candidates to pander to the interests of voters in a few closely contested states. 5.  The Electoral College system, especially in a close election, is subject to the mischief that might be caused by disloyal--or even bribed--electors.

  7. Article III – The Judicial Branch • Article III of the Constitution creates the Supreme Court and gives Congress the power to create lower federal courts. • The role of the Judicial Branch is to interpret the law. • In addition to the national court system, each of the 50 states has its own court system. • Federal Courts hear cases involving federal laws, treaties, maritime law, and interpretation of the Constitution.

  8. Judicial Review • This power enables the courts to hear cases involving the application and interpretation of law. • Laws that are judged not keeping with the Constitution’s intent are declared unconstitutional and void. • The Supreme Court is the final voice in interpreting the Constitution. • The right of Judicial Review strengthened the power of the Judiciary against the other two branches of goverenment. • Marbury v. Madison (1803) establshed Judicial Review.

  9. WHY ARE THE BILL OF RIGHTS SIGNIFICANT?