Civics Unit 2 Study Quide

What is the role of the legislative branch and how is it structured/organized?

It describes the two chambers of Congress, the Senate and the House of Representatives, as well as the qualifications of their members. This is the longest article in the Constitution.

Why did the framers of the Constitution believe in the concept of “separation of Powers?”

They did not want tyranny in the government and wanted to check the balance between distributed power. These three powers are legislative, judicial, and executive. Power is shared equally between these branches.

What are enumerated powers?

Enumerated powers are those that are specifically listed in the Constitution, such as the power to collect taxes, coin money, and declare war.

What are implied powers?

Implied powers are those that the legislature can claim as part of its lawmaking responsibility.

What is a proper clause?

Is also known as the Elastic Clause, since it can be "stretched" to cover a variety of issues and circumstances.

How and why did the framers of the Constitution include a system of Checks and Balances when drafting the document?

In the framers' view, separating the powers of government among the three branches would ensure that no one branch could dominate.

Describe the impact of both the Marbury v Madison Case

Was significant because it established judicial review. The Secretary of State, James Madison refused to give official commissions to judicial appointed officials under the John Adams administration in 1801 to prevent the Federalist takeover of the Judiciary.

How is a republican form of government structured?

By the preamble, a single long sentence defines the broad purposes of republican government.

Function of Judicial branch

Article III creates the Supreme Court. Specifying the types of cases that can be tried.

Function of Executive branch

 led by the president and vice president, defines presidential powers, terms of office, and qualifications of these executive officers and elections

What are the articles?

The first three articles establish the three branches of government. The four remaining articles of the Constitution cover various subjects, including relations among the states, the supremacy of national law, and the amendment process.

Why is an independent judiciary important for our system of government?

 To support the rule of law and preserve limited government.

What is the Supremacy Clause and why was it necessary in a federal system of government?

When the laws conflict, federal law reigns supreme court.

What is a judicial precedent?

A decision of the court used as a source for future decision making

Describe the process of adding amendments to the Constitution

An amendment may be proposed by a two-thirds vote of both Houses of Congress. The amendment must then be ratified by three-fourths of the State legislatures or three-fourths of conventions.

What is the basic function of the Bill of Rights and why were they added to the Constitution?

It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.

Miranda v Arizona

Lists rights: when the police say “you have the right to remain silent and to an attorney”.

Gideon v Wainwright

Was not provided with an attorney, now they are required to accommodate one.

Texas v Johnson

Burning of flag was not illegal, instead a form of symbolic speech.

How does prior restraint impact the media?

Suppression of material that would be published or broadcast.

How does the 4th amendment protect from illegal search and seizure?

Led to a required warrant for home searches, and no unreasonable stop and frisking.

Describe the basic nature and function of Federalism

A system in which power is divided between the national and state governments

Benefits of a federalist form of government

-Federalism protects against tyranny

-Federalism promotes unity

-Allows states to pass laws to meet the needs of citizens

-Has flexibility with new solutions

Cons to a federalist form of government

-Lack of consistency in laws

-Teaching struggles

-Has a hard time managing things such as healthcare and air quality

What are the powers designated for the national and state governments?

Expressed, Concurrent, and Reserved Powers

Expressed Power

Powers directly stated in the constitution

Concurrent Power

Power shared by the states and federal government

Reserved Power

Power belonging only to the states

What is gerrymandering?

The manipulation of the redistricting boundaries process for political gain

What is marbled and what is layered cake?

Cooperative & Dual Federalism

Compare and Contrast Dual Federalism with Cooperative Federalism

Dual- governments are part of a whole but they have seperate responsibilities too

Cooperative- They worked together to ease human suffering

How did FDR’s New Deal change the way that federalism was structured in the United States?

They made federalism more cooperative to ease human suffering during the Great Depression.

Describe the basic duties/powers of a state’s governor

-establish the legislature's agenda

-prepare the state budget

-veto bills and budgets

-appoint state officials

-reduce a criminal's sentence.

-command the state National Guard.

-issue executive orders.

How is the Court System structured in the United States?

Supreme Court, Federal Courts, State Courts

Trial Courts

Handle most cases that affect the daily lives of citizens.

Small Claims

Small claims courts settle disputes involving small amounts of money—usually less than $5,000.