American Government: Exam 1 Study Guide

Which branch of government is charged with making laws?

The Legislative Branch (Congress) makes laws.

What check does the president have on the lawmaking ability of the legislature?

The president can veto legislation.

Those who opposed the Constitution were most concerned that the document _____.

Opponents of the Constitution feared it lacked a Bill of Rights and gave the national government too much power.

Which proposal for a new government strengthened the Articles of Confederation and was favored by the smaller states?

The New Jersey Plan, which strengthened the Articles and favored smaller states.

What is required for Congress to override the president’s veto?

A two-thirds vote in both houses of Congress is needed to override a veto

Which clause makes the Constitution superior over state law, if the two are in conflict?

The Supremacy Clause (Article VI).

Who wrote the pamphlet Common Sense, which helped convince the American people that independence was necessary?

Thomas Paine wrote Common Sense.

Civil _____ refers to those rights which are guaranteed to you and cannot be taken by the government.

Civil liberties are rights guaranteed to you and protected from government interference.

Spoken false and damaging statements about a person are referred to as_____.

Spoken false/damaging statements = slander (written = libel).

The Supreme Court test dropped in 2022 for determining whether laws violate the establishment clause was known as the _____.

The Lemon Test (dropped in 2022).

Which amendment protects against unreasonable searches and seizures?

The Fourth Amendment.

What privileges are centered around the concept of equal treatment that government is obliged to protect based on the expectation of equality under the law?

Civil rights focus on equal treatment under the law.

What were the weaknesses of the Articles of Confederation?

Weaknesses of the Articles: no power to tax, no executive branch, no national court system, weak central government, amendments required unanimous consent, could not regulate interstate commerce.

Which Supreme Court case held that African Americans could not sue in federal court because they were not American citizens? This decision was later overturned with the ratification of the 14th Amendment.

Dred Scott v. Sandford (1857).

If the police conduct a search that is later found to be in violation of the Fourth Amendment, the __________ test holds that the evidence cannot be used in trial.

The Exclusionary Rule (evidence obtained illegally can’t be used).

Which test is used to determine whether published material is considered obscene?

The Miller Test (for obscenity).

Which type of government concentrates power in a few, often wealthy, actors?

Oligarchy (power in hands of a few).

Which Supreme Court case upheld segregation as long as facilities were separate, but equal?

Plessy v. Ferguson (1896) upheld “separate but equal.”

Which term refers to the process of taking power away from the federal government and restoring it to the states?

Devolution is shifting power from federal government to the states.

Which standard of review does the Supreme Court use for discrimination cases based on race or ethnicity?

Strict scrutiny (highest level of judicial review).

Individuals who opposed the ratification of the proposed Constitution became known as:

Anti-Federalists.

The compromise between the slave and non-slave states regarding how slaves were to be counted for purposes of representation was known as the _____.

The Three-Fifths Compromise.

Which Supreme Court case led to the end of the separate but equal doctrine?

Brown v. Board of Education (1954) ended separate but equal.

Each branch has some power over the other two branches. What is this system called

This is called checks and balances.

Which clause of the Constitution allows the federal government to regulate business between states?

The Commerce Clause.

Most governors have the power to veto certain parts of a bill. What is this called?

A line-item veto (though presidents do not have this power; many governors do).

Which articles of the U.S. Constitution specifically details the structure of the Legislative Branch?

Article I of the Constitution.

In which system of government does ultimate authority rest with regional government and hardly any power is granted to the national government? This is a top-down approach to the distribution of governing power.

A confederal system gives most power to regional governments.

Which landmark Supreme Court case gave rise to judicial review, which is the authority of the Court to strike down any law passed by Congress when the Court believes the law violates the Constitution?

Marbury v. Madison (1803) established judicial review.

Which plan for the new government proposed a strong central government with a national executive and a national judiciary, both chosen by the legislature? This plan was supported by the larger states.

The Virginia Plan, favored by larger states.

Why did Benjamin Franklin assemble the First Continental Congress in Philadelphia in 1774?

Franklin helped assemble the First Continental Congress in 1774 to organize a colonial response to the Intolerable Acts and coordinate resistance against Britain.

To propose an amendment, you must receive of the vote in Congress. To ratify an amendment, you need of the states to agree to ratify.

To propose: two-thirds of Congress. To ratify: three-fourths of the states.

Which Article of the Constitution establishes the Executive Branch of the government?

Article II establishes the Executive Branch.

What are the rights of the accused?

Rights of the accused: right to a speedy/public trial, impartial jury, to remain silent, to an attorney, to confront witnesses, protection against double jeopardy and cruel/unusual punishment.

What is selective incorporation and what does it have to do with the Bill or Rights?

Selective incorporation is how the Supreme Court uses the 14th Amendment’s Due Process Clause to apply the Bill of Rights to the states.

What is the relevance of the Ninth Amendment, both when considering the ratification debate, and in modern times?

The Ninth Amendment ensures rights not explicitly listed are still protected; it reassured Anti-Federalists that unlisted rights weren’t denied, and today it supports arguments for privacy and other implied rights.