CIVICS EXAM

Which events and documents from British history were essential to the colonists' understanding of their relationship to government?

Magna Carta - established the principal that everyone, including the king, was subject to the law. Introduced trial by jury and protection from arbitrary imprisonment. (Influenced colonial views on justice and liberty).

Bill of Rights - limited the powers of the monarchy and affirmed certain rights for Parliament and individuals. Introduced right to petition, no quartering of soldiers, and no taxation without representation.

Petition of Right - asserted that the king could not tax without Parliament's consent or imprison people unlawfully. (Influenced limited government).

Common Law - rooted in centuries of judicial decisions. Emphasized the importance of precedent and the rights of individuals.

Articles of Confederation

First constitution of the US; created a weak national government with limited powers. Gave most authority to the individual states.

Pros and Cons of AoC (and achievements)

Pros: Gave independence and control to states over their own affairs, unified the colonies during the revolutionary war, set up a system for adding new states (Helped lead the colonies to win the Revolutionary War, Northwest Ordinance)

Con: Weak central government with no power to tax/enforce laws, no executive branch to carry out laws or court system to settle disputes, difficult to pass laws/amend the Articles, states acted sort of like separate countries which caused economic problems and conflict.

Northwest Ordinance

Enacted in 1787, it is considered one of the most significant achievements of the Articles of Confederation. It established a system for setting up governments in the western territories so they could eventually join the Union on an equal footing with the original 13 states

What was Shays' Rebellion and how did it help trigger the Constitutional Convention of 1787?

An armed uprising led by Daniel Shays, who was a former revolutionary war soldier, in Massachusetts. Farmers were mad because taxes were high, they were in debt, and they had threats of losing their land. The state government wasn't helping, so they rebelled to shut down the courts. At the time the federal government was under the Articles of Confederation, so they were too weak to step in and Massachusetts had to raise its own militia to stop it.

It showed that the national government had no power to keep order or help struggling states; convinced leaders that the US needed a stronger federal government, leading to the Constitutional Convention of 1787.

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

New Jersey Plan

"Small-state plan" proposing equal representation by state, regardless of population. Small states feared that the more populous states would dominate the agenda under a proportional system.

Great Compromise (Connecticut Compromise)

Combining parts of the Virginia and New Jersey Plan regarding representation. Formed a bicameral legislature (or a two-house Congress).

House of Reps - rep based on population

Senate - equal rep, two senators per state

The Bill of Rights

The first ten amendments to the Constitution

Why was the issue of whether a Bill of Rights should be included in the Constitution such a big issue during the Ratification debates?

Federalist: Bill of Rights is unnecessary because Constitution already limited government power by listing what it could do, and there were implied rights. The structure of the government itself would protect individual freedoms (separation of powers, checks and balances).

Anti-Federalist: Feared a strong central government could become tyrannical, and citizens needed a clear, written guarantee of basic freedoms (speech, religion, trial by jury, etc). Without it, the government could abuse power and silence the people.

How did Congress justify the creation of a national bank?

The necessary and proper clause. Hamilton argued that Congress had implied powers under the Constitution and claimed that a national bank was necessary to manage the nation's finances, hold government funds, and help issue a stable currency.

How did Congress' use of the necessary and proper clause strengthen the argument that a Bill of Rights was necessary?

Showed how the federal government could expand its power beyond what was explicitly written in the Constitution. Allows Congress to pass out laws needed to carry out its duties, even if those laws aren't mentioned in the Constitution. This worried people who feared the government might use this to limit individual freedoms or overreach. Because Constitution didn't initially include a clear list of protected rights, people argued that without explicit guarantees the government might abuse this clause.

Why was Washington's decision about the bank so important?

- Set a key precedent for interpreting the Constitution broadly (federal gvt. could use implied powers to carry out its duties)

- Strengthened federal authority by supporting a stronger national government capable of managing the country's finances and economy.

- Helped establish financial stability by creating a central institution to handle gvt. funds, issue currency, and regulate credit.

- Showed that the executive branch could help shape how the Constitution is used in practice

McCulloch v. Maryland

Supreme Court case that strengthened federal authority and upheld the constitutionality of the Bank of the United States by establishing that the State of Maryland did not have power to tax the bank.

McCulloch, a bank official, refused to pay the tax Maryland put on the bank. Bank was created under the necessary and proper clause, Maryland could not tax the bank. "The power to tax is the power to destroy." States cannot destroy or interfere with federal institutions.

Does the Bill of Rights grant rights or prohibit government action? Explain the difference.

It prohibits government action that would violate the rights people already have. People are born with natural rights (freedom of speech, religion, privacy, etc) which don't come from the government. The Bill of Rights was written to limit the power of the federal government and protect these natural rights.

If the Bill of Rights granted rights, that means the government can take them away. By prohibiting them, it recognizes that the rights belong to the people, and the governments job is to protect them, not control them.

Power

the fundamental capability to do something

Authority

the right to use power

Legitimacy

popular acceptance of the governing

John Locke and the Social Contract

- Locke's social contract is based off the "consent of the governed."

- Government has a responsibility to protect peoples inalienable rights (life, liberty, pursuit of property)

- If the government fails to uphold this contract, people have a duty to revolt.

Declaration of Independence Writers

Thomas Jefferson, Benjamin Franklin, John Adams, Roger Sherman, Robert R. Livingston

Declaration of Independence significance

Established, for the first time in world history, a new independent nation based on the first principles of the rule of law, limited government, unalienable rights, and the right to alter or abolish a government.

Declared the 13 colonies as independent states

Preamble

"We the People, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty, to ourselves and our posterity, do ordain and establish this Constitution, for the United States of America."

Significance of Preamble in terms of a social contract

Shows a give and a get: people give consent and legitimacy for the government to govern, and in return get the government we have.

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Federalism

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

Popular Sovereignty

A belief that ultimate power resides in the people.

House of Representatives Qualifications

25 years old, citizen for 7 years, resident of state

House of Representatives Term

2 years

House of Representatives Election

Citizens from their (congressional) district, every 2 years

Powers exclusive to House of Representatives

Deals with any bill that deals with money, has the power to impeach the president.

Apportionment

Distribution of representatives among the states based on the population of each state. Every 10 years

Census

The official count pr survey of a population; every 10 years

Redistricting

The drawing of new electoral district boundary lines in response to population changes. Every 10 years

Rules of redistricting

based on population; can't purposely dilute minority strength; can enhance minority if race is not the "predominant" factor; may do it more than every 10 years

Gerrymandering

manipulate the boundaries of (an electoral constituency) so as to favor one party or class.

Cracking and Packing (Gerrymandering)

Cracking involves spreading out voters of a particular type among many districts in order to deny them a large voting bloc in any particular district.

Packing is to concentrate as many voters of one type into a single electoral district to reduce their influence in other districts.

How could you as a voter help solve the problem of gerrymandering?

Protest, use pop. sov. idk bro

Senate

100 members, 2 senators from each state

Qualifications for Senate

minimum age 30, U.S. citizen for 9 years, and resident of the state represented

Senate Election

Before: Senators were chosen by state legislatures

Now: Senators are chosen by direct vote of the people. Rotates so that 1/3 of Senators are elected every 2 years but Senators serve for 6 years

Role of Vice President in the Senate

President of the Senate (tie breaker)

Senate Powers

1. Can approve of the president's picks for the Supreme Court and his Cabinet

2. Will hold the trial for a president after he is impeached

27 Amendment

prohibits the decrease/increase of Congress members income

Supremacy Clause (Article VI)

constitutional declaration that the Constitution and laws made under its provisions are the greatest law of the land.

Federal law is supreme over state law.

Article 1 Section 9

Powers denied to Congress

- No titles of nobility

- No tax exports

- No spending money without approval

- No jailing people without charges (habeas corpus with exception for emergencies)

- No ex post facto ( if you did something legal on Monday, and it is now illegal on Tuesday, you cannot be punished for it. )

How a Bill Becomes Law

1. Written

2. Discussed in committee + voted on

3. Discussed in House of Reps. and Senate + voted on in both

4. President signs it or vetoes it (which brings back to Congress, needs 2/3 vote to override veto)

Introducing a bill in the House

Members can hand bill to clerk or drop it in box (hopper), bill is numbered and printed, goes into Congress session (where it is killed or proceeds into other chamber)

Introducing a bill in the Senate

Members bill should be recognized by presiding officer and announced, bill is numbered and printed, goes into Congress session (where it is killed or proceeds into other chamber)

Why must tax bills start in the house?

House of Representatives represents the people, the people are paying the taxes. The power to tax should be controlled by the people.

Role of interest groups in proposing and advocating for legislation

Interest groups influence lawmakers by proposing ideas, providing info, and lobbying (people or groups try to influence lawmakers to pass, change, or block laws) to support or oppose legislation that affects their causes or members

Role of committees in the legislative process

Responsible for screening proposed laws (bills) and deciding which will go to the floor for consideration

Debate in the House

Limited by rules

Time for speaking is short and controlled by leadership

Aimed at being efficient because there are a lot of members

Debate in the Senate

Not controlled like the house

Senators can speak for as long as they want to (filibusters)

Designed for deep discussion and slower decision making

Filibusters and cloture

- filibuster: to debate on a bill for as long as possible to prevent action on it

- cloture: the procedure to end a filibuster

Conference committees and reconciliation process

Conference committees - Made up of members from both House and Senate that work out differences when each chamber passes different versions of the same bill. Create a compromise bill

Reconciliation process - A faster way to pass budget-related bills in the Senate with a simple majority. No filibuster allowed.

Veto, pocket veto and veto override

Veto - President rejects a bill sent by Congress, sending it back with reasons.

Pocket Veto - If Congress adjourns within 10 days of sending a bill and the president does nothing, it dies without a signature.

Veto Override - Congress can pass a bill despite the president's veto if both the House and Senate get a 2/3 majority vote to override it.

Role of partisanship in creating and enforcing rules of Congress

- Majority party controls the agenda, decides which bills come up for a vote, and sets debate limits

- Parties use rules to advance their goals and block the opposition's priorities

- Partisan loyalty often influences how strictly rules are applied or ignored

- Leads to more conflict when parties disagree strongly.

Partisanship shapes how Congress operates and what gets done.

Article 1, Section 8

lists specific powers of Congress

- power to establish and maintain an army and navy

- to establish post offices

- to create courts

- to regulate commerce between the states

- to declare war

- to raise money

- create a capital city

- copyrights and patents

- weights and measures

It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

What changes in the economy have made copyright and patents/weights and measures important?

Going from mercantilism, where people thought there was a set amount of money in the world, to capitalism, where there is an infinite amount of possible gains, made the need for copyright for businesses important. Weights and measures were needed for commerce to have a set system.

Expressed Powers in A1S8

- Taxing and spending

- Borrowing money

- Regulating commerce

- Establishing rules for naturalization/bankruptcy

- Coining money and regulating its value

- Establishing post offices and roads

- Declaring war, raising and supporting armies, maintaining a navy

- Calling forth the militia and organizing it

- Making laws necessary and proper

Implied Powers in A1S8 (McCulloch v Maryland)

Necessary and Proper clause

- Important because gives Congress the flexibility to make laws needed to carry out its enumerated powers.

"The power to tax is the power to destroy" States cannot destroy or interfere with federal institutions.

Importance of Commerce Clause

Allows Congress to regulate business activities among the states

Courts interpretation of Commerce Clause 1830-1930

Court limited the scope of federal economic regulation under the Commerce Clause

The New Deal and the Court Packing Plan

the New Deal expanded federal power (FDR proposed a plan to add up to six new justices to the Supreme Court for every justice over 70 who didn't retire), and the Court Packing Plan pressured the Supreme Court to support that shift. FAILED

The Commerce Clause - 1930s-1990

Court began upholding New Deal laws and allowed Congress to regulate interstate trade and intrastate activities that affected interstate commerce (Wickard v. Filburn)

Major tool for expanding federal power, though the Court began setting limits again later.

Wickard v. Filburn

Farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause

Commerce Clause 1990s-today

Court has narrowed Commerce Clause's reach compared to earlier decades, emphasizing limits on federal authority.

IMPORTANT: United States v. Lopez

United States v Lopez

The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.

Read the news story linked here. If you were to bring this case to a federal court, how might you use what you've learned about the Commerce Clause to argue this case. While the Supreme Court has ruled that Congress has no power to create federal, nationwide mandates regarding abortion (Dobbs v Jackson (2022), might Congress have the power to regulate the distribution of mifespristone nationally? Support your answer.

Because Congress has the power to regulate interstate commerce in the commerce clause, it has control over the distribution of mifepristone.

Why is Article II so much shorter than Article I?

Article 2 sets up the executive branch, which has more limited and defined powers compared to the legislative branch in Article 1.

Article 2 mainly focuses on the President's roles and powers, while Article 1 details Congress's specific powers, procedures, and structures.

Speaker of the House

Mike Johnson

Majority Leader House

Steve Scalise

Majority Whip House

Tom Emmer

Minority Leader House

Hakeem Jeffries

Minority Whip House

Katherine Clark

President of the Senate

JD Vance

President Pro Tempore

Chuck Grassley

Majority Leader Senate

John Thune

Majority Whip (Senate)

John Barrasso (R)

Minority Leader (Senate)

Chuck Schumer

Minority Whip (Senate)

Dick Durbin

Chief Justice

John Roberts

Associate Justices

Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson, Thomas, Kagan

HOR Louisiana rep District 1

Steve Scalise

HOR Louisiana rep District 2

Troy Carter

HOR Louisiana rep District 3

Clay Higgins

HOR Louisiana rep District 4

Mike Johnson

HOR Louisiana rep District 5

Julia Letlow

HOR Louisiana rep District 6

Cleo Fields

Senate Louisiana rep 1

John Kennedy

Senate Louisiana rep 2

Bill Cassidy

Secretary of State

Marco Rubio

Secretary of Defense

Pete Hegseth

Attorney General

Pam Bondi

Secretary of Treasury

Scott Bessent

Secretary Commerce

Howard Lutnick

What is executive power?

the power to execute, enforce, and administer law