CYBERLAND UNIVERSITY OF NORTH AMERICA

Dr. Almon Leroy Way, Jr.,

University President & Professor of Political Science
POLITICAL SCIENCE 201H
THE AMERICAN SYSTEM OF GOVERNMENT:
GOVERNMENT & POLITICS IN THE U.S.A.
PART FOUR
THE AMERICAN CONSTITUTIONAL SYSTEM: ENGLISH ORIGINS
REVIEW OF PART FOUR -- REVIEW QUESTIONS & EXERCISES

THE UNITED STATES CONSTITUTION
In what sense was the United States Constitution, as drafted and proposed by the Federal Constitutional Convention of 1787, a conservative document?

ENGLISH ORIGINS OF THE U.S. CONSTITUTION
The roots of the U.S. Constitution run deeply in English constitutional and political history. Explain.

ENGLISH COMMON LAW
Define "English Common Law" and describe the development of this body of law.

What is meant by "stare decisis"?

What impact did development of the Common Law have on the nature and administration of justice in England?

What is meant by "private rights"?  What is meant by "civil liberties"?

What is the relevance of Common Law to the private rights and civil liberties of English subjects?

Describe the doctrine of "the rule of law," or "the supremacy of law." What was the relationship between this doctrine and the development of the Common Law?


MAGNA CARTA
What is Magna Carta, or the Great Charter?

How and why did this constitutional document come into being?

Describe Magna Carta as a statement of medieval English law.

What royal promise was given in Chapter 39 of Magna Carta?  Explain the meaning of this provision.

What does Magna Carta have to say about the guarantee of justice?  What does it have to say about taxation?

Explain the significance of Magna Carta to the development of English constitutionalism.

How did the adoption of Magna Carta affect the political power of the Monarch?

In what one important respect did the Monarch have to share governing authority with the barons?

At the time of its adoption, was Magna Carta a truly democratic constitution?  Explain.

During the three centuries following its adoption, what three roles did Magna Carta take on?

As regards the Monarch's speech to Parliament at the beginning of each new session, what political tradition was establisged by Magna Carta?  What was the constitutional significance of this political tradition?

What significant precedent was set by the barons' successfully forcing King John to agree to Magna Carta?

What impact did the Era of the English Revolution have on Magna Carta?


THE EMERGENCE AND EVOLUTION OF PARLIAMENT
What was the Curia Regis (Royal Council) of eleventh and twelfth century England? What were its functions?

What was the Great Council, or Common Council, of the Realm?  What was its purpose?

When and how did Parliament emerge?  What was its original purpose?

What was "extraordinary taxation"?  What was the role of Parliament in extraordinary taxation?

Describe the legal and political doctrine that sustained Parliament's role in extraordinary taxation.

Describe the growth of Parliament's legislative authority during the Middle Ages.

How and why did Parliament become a more representative assembly by the end of the thirteenth century?

What was the "Model Parliament" of 1295?

What fourteenth century political developments increased the power and importance of the elected, non-baronical representatives in Parliament?

How did Parliament become a bicameral assembly?

How did the House of Commons grow in power and importance during the fourteenth century?

Describe the nature and importance of the impeachment process.

What alterations in English political culture occurring in the last two centuries of the Medieval Period were significant to the subsequent evolution of Parliament?  Identify, describe, and explain.

Describe and account for the relations that existed between Parliament and Monarch during the era of Tudor governance. What was the significance of these relationships for the future development of Parliament?


THE ELIZABETHAN ERA:  CROWN AND PARLIAMENT
What methods were employed by Queen Elizabeth I and her government to successfully keep Parliament under royal control throughout the greater part of the Queen's reign? Identify, describe, and explain.

What was the view of Elizabeth I regarding the proper function of Parliament?

Were the members of Parliament willing to go along with the Queen's view of the proper function of Parliament?  Explain.

What rights and privileges were sought by the House of Commons?

How and why did the Commons assume an important role in legislation?

During the reign of Elizabeth I, did the Commons obtain freedom of speech and debate in Parliament?  Explain.

As regards parliamentary exercise of freedom of speech and debate, how did the House of Commons defy the Queen's wishes?

How and why did the Queen and her government lose effective control of the business of Parliament?   What was the consequence?


THE ELIZABETHAN ERA:  THE GOVERNMENTAL SYSTEM, 1580-1603
Identify, describe, and explain the characteristics of the governmental system operating in England during the last two decades of the reign of Elizabeth I.

How was the legislative authority of the Kingdom shared?

What was the constitutional and political theory underlying the English legislative process of the late sixteenth century?  What was the practical effect of the theory's application?

Describe the English legislative process of the late sixteenth century.

What was the role of the Queen and her administration in the legislative process?

What was the role of the House of Commons in the legislative process?

What was the role of the House of Lords in the legislative process?

How were revenue bills handled?

What impact did bicameralism have on the legislative process?

What was a conference committee?  What was its function?

Why did the Queen need to be cautious in her exercise of the royal negative, or veto?

Explain the legislative process as a manifestation of balanced government.

Describe the role and authority of the Monarch as chief executive.

What is meant by referring to the late sixteenth century English Monarch as a "unitary executive"?

What was the royal prerogative?  What powers were included in the royal prerogative during the last twenty years of Queen Elizabeth's reign?

What was a royal proclamation, or royal decree?  What limitations were placed on the Crown's use of royal proclamations?

In what sense was the English governmental system of the late 1500s a constitutional monarchy?

Explain the relevance of the Elizabethan governmental system to subsequent constitutional and political development in England's North American colonies and in the United States of America.


THE ENGLISH REVOLUTION AND THE REIGN OF JAMES I
What period of English political history was ushered in by the accession of James I to the Throne of England?   What was the principal feature of this historical era?

Identify and describe the ideas and beliefs of James I regarding the proper system of government for a country.   What is meant by the "divine right of kings"?

Describe divine right theory, as it was articulated by King James in The True Law of Free Monarchies.   What did James mean by a "free monarchy"?

Identify and explain the causes of growing political discontent in England during the reign of James I.

Describe and account for the troublesome relations between James I and Parliament.

How did King James alienate Parliament and upset the English people?  What impact did this have on the independence of Parliament?


THE ENGLISH REVOLUTION AND THE REIGN OF CHARLES I
What power struggle was the dominant feature of politics during the reign of Charles I?

In what manner did Charles I attempt to govern England?  Why?  What were the consequences?

What political theory was invoked by the House of Commons to counter the divine right theory of Charles I?  Describe and explain.

How did the Commons and King Charles disagree over the nature, source, and inviolability of the powers of Parliament?

How did the Commons and the King disagree over the extent of the royal prerogative?

What gave rise to the Petition of Right of 1628?  What was it designed to accomplish?

Identify and explain the provisions of the Petition of Right.

In what sense was the Petition of Right a conservative document?

After adoption of the Petition of Right, why did relations between Charles I and Parliament continue to be troublesome?

What was the Remonstrance of 1628?  Why did the House of Commons pass it?  What was King Charles' reaction to the Remonstrance?

How did the House of Commons defy the King in 1629?  Why?  In what way was the House of Commons taking revolutionary action?

What actions did the King take in retaliation for the Commons' defiance of his will and authority?

What was the "eleven years' tyranny"?  By what methods did King Charles raise revenue during this eleven-year period?

Why was it necessary for Charles I to call Parliament into session in 1640?

What was the "Short Parliament"?  What was the consequence of its quick dissolution by the King?

What were the objectives of the "Long Parliament"?  By what means did it seek to achieve these objectives?

Describe the nature, purpose, and results of the bill-of-attainder procedure, as it operated in England during the fifteenth, sixteenth, and seventeenth centuries.  How was the procedure used by the Long Parliament to emiminate political enemies and to bring the Crown's ministers and advisors under parliamentary control and make them accountable for their violations of the law?

What statutes were enacted in 1641 to limit the power of the Monarch?

What was the Grand Remonstrance of 1641?  Why was it passed by such a narrow margin in the House of Commons?  How did it contribute to the outbreak of civil war?

What were the major outcomes of the English Civil War of 1642-1649?


THE ENGLISH REVOLUTION AND THE INTERREGNUM
What was the Interregnum of 1649-1660?

Describe the form and character of English government under the "Commonwealth."

Why was the Commonwealth government so unpopular?

How and why did the Commonwealth come to an end in 1653?

Describe the governmental system of the Protectorate.

In what way was the Protectorate a failure, in terms of the principle of checks and balances?

Describe the "rule of the major generals."

Describe and account for the collapse of the Protectorate after the death of Oliver Cromwell.

What was the Convention Parliament of 1660?  What role did it play in the restoration of the monarchy?

Explain the work of the Convention Parliament and George Monck as a conservative reaction against the English Revolution.


THE ENGLISH REVOLUTION, THE RESTORATION,
AND THE REIGN OF CHARLES II
What did the Restoration restore?

What served as a moderating influence of the policies of Kimg Charles II?

In what ways was the power of Charles II limited by pre-existing law?

After the Restoration, what significant constitutional powers did the King retain?  What important constitutional question remained unsettled?

What additional limitations did the "Cavalier Parliament" place on the Monarch's power?

How did Parliament gain the right to appropriate public funds?  What impact did this development have on the royal prerogative?  How did the development affect the power of Parliament?

In 1672 and 1677, what important parts of the royal prerogative did the Crown lose? How?

What were the two rival political parties that emerged in Parliament during the second half of the 1670s?  How did the Tories and Whigs differ, as regards their respective positions on the controversial political and religious issues of the time?

Why were relations between Charles II and Parliament troublesome during the late 1670s and the early 1680s?

Identify and explain the provisions of the Habeas Corpus Act of 1679.  For what purpose was this statute enacted?


THE ENGLISH REVOLUTION AND THE REIGN OF JAMES II
Account for the troublesome relations between Crown and Parliament during the Reign of James II.

Identify and describe the events leading up to the "Bloodless Revolution" of 1688. What were the outcomes of the Bloodless Revolution?

Explain the Bloodless Revolution as a conservative revolution.

Explain the relevance of England's Bloodless Revolution to American political development.  In what ways was the Bloodless Revolution similar to the American Revolution?

How did the early American Whigs make use of the political theory of John Locke? Why?


THE CONSTITUTIONAL SETTLEMENT OF 1689-1701
In the Convention Parliament of 1689, which political party constituted the majority party in the House of Commons?   How large was that majority?  Which party was the majority party in the House of Lords?  How large and united was that majority?

What were two major objectives of the Whigs?  Why were the Tories opposed to these two Whig objectives?   How did Tory opposition present a problem to achievement of the objectives?  How and why were the Whigs able to overcome this problem?

What was the Declaration of Rights of 1689?  What provisions were included in the document?

Enumerate the statutes which comprised the Constitutional Settlement of 1589-1701.

What basic principle of English law was established by the Preamble to the Mutiny Act of 1689?  What did the Mutiny Act authorize?  What incidental but most significant effect did the Mutiny Act and annual parliamentary authorizations have on the English constitutional system?

To whom and to what extent did the Toleration Act of 1689 grant religious freedom?  Did the Toleration Act repeal all laws discriminating against non-Anglicans?  Explain.

What provisions were included in the Bill of Rights of 1689?  What unconstitutional actions of King James II did the Bill of Rights enumerate and denounce?  What basic principles and rules of English law were restated in the Bill of Rights?  What was affirmed by this restatement of basic legal principles and rules?  Explain how the Bill of Rights established the principle that the office of Monarch was ultimately elective.

How did the provisions of the Triennial Act of 1694 affect the maximum life of a Parliament?  Explain.  What change was made by the Septennial Act of 1716?  What further change was made by the Parliament Act of 1911?  As regards summoning, proroguing, and dissolving Parliament, what rule of constitutional law was established by the 1694 Triennial Act?   How did this limit the royal prerogative?

What is "treason"?  Under seventeenth century English law, what was "high treason"? What was the penalty for high treason?  What was the Trials for Treason Act of 1696 designed to accomplish?  What rights and protections did the Trials for Treason Act guarantee to persons accussed of high treason?

Under seventeenth century English law, how were judges chosen?  What term of office was provided for judges by the Act of Settlement of 1701?  Describe the procedure for removal of incumbent judges prescribed by the 1701 Act of Settlememnt.  How did these provisions of the Act of Settlement reduce the royal prerogative?  What is meant by "judicial independence"?  How did the Act of Settlement incorporate the principle of judicial independence into the English Constitution?  How did the Act increase the power of Parliament vis-a-vis the Monarch?

What body of written fundamental law was provided by the Constitutional Settlement of 1689-1701?

What is the relevance of the English Constitutional Settlement to American constitutional development?


THE ENGLISH/BRITISH GOVERNMENTAL SYSTEM
OF THE EIGHTEENTH CENTURY
How did the colonists and early Americans perceive the governmental system that operated in England after adoption of the Constitutional Settlement of 1689-1701?

Identify and describe the main characteristics of the English/British governmental system during the eighteenth century.

What was the nature of the power relationships among the Crown, the two chambers of Parliament, and the British courts?  Describe and explain fully.

What is the relevance of eighteenth century British government to American constitutional and political development?

Identify and explain important political ideas which the Framers of the United States Constitution derived from eighteenth century British governmental institutions and practices.

Explain why the early Americans failed to realize that the British were gradually abandoning balanced government.

What influenced and shaped early American perceptions of the British governmental system?

What impact did the political theory of Montesquieu have on American perceptions of the British system?




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THE AMERICAN CONSTITUTIONAL SYSTEM:
COLONIAL & AMERICAN ORIGINS