American Government 1113 Final Exam

How can each branch check the others?

Through Checks and Balances.

Which article of the Constitution grants power to the Congressional branch?

Article I.

Which article of the Constitution grants power to the Executive branch?

Article II.

Which article of the Constitution grants power to the Judicial branch?

Article III.

What are the implied powers?

Those powers necessary for the government to carry out its functions.

How does the Executive branch exercise their implied powers?

Through executive orders.

How does the Congressional branch exercise their implied powers?

Through congressional legislation.

How does the Judicial branch exercise their implied powers?

Through judicial review.

What are the enumerated powers of Congress under the Constitution? Explain each power.

Impeachment - The House votes to bring charges against the office, and the Senate conducts a trial. If 2/3 senators vote to convict, the official is removed from office.

Taxation and Appropriation - Revenue-raising bills must originate in the House.

War Powers - Shared with the President, but only Congress can officially declare war.

Power of the Purse - Authority granted to Congress to control federal taxation and spending to ensure that public money is used as authorized by law.

What are the steps of the Legislative Process?

1. Introduction/Proposal

2. Committee Process

3. Floor Action/Bill considered for approval

4. Conference Committee

5. Presidential Action

Explain the Introduction/Proposal, the first step in the Legislative Process.

• Members of Congress formally introduce abill.

• Legislators and staff consult with Office of Legislative Council to draft technical language of bill.

Explain the Committee Process, the second step in the Legislative Process.

• Speaker will assign bill to a specific committee.

• Hearing and markup will take place in assigned committee.

• Bill sent to full body for consideration.

Explain the Floor Action/Bill Approval Consideration, the third step in the Legislative Process.

• Senate majority leader may decide to never place bill on calendar.

• Bill may be tabled or sent back to committee.

Explain the Conference Committee, the fourth step in the Legislative Process.

• Held to iron out differences between bills already passed by House and Senate.

• After bills are made identical, they are sent back to the chambers for approval.

Explain Presidential Action, the fifth step in the Legislative Process.

• Bill is sent to President for approval.

• If the President vetoes a bill, Congress can override veto with a 2/3 vote in both chambers.

What are the major differences in debate between the House and the Senate?

House - Debate is very structured and limited, usually a few minutes is allowed for each party.

Senate - Debate is designed for extended discussion, allowing senators to speak for as long as they wish.

What is a Filibuster?

A technique used to delay or block the passage of a bill by using extended and extra speech.

When does a Filibuster end?

It can be ended by invoking cloture, getting 60 votes to end the debate.

What was the makeup of Congress under the Articles of Confederation?

• Unicameral - Congress of Confederation.

• Appointed by state legislatures.

• Each state given one vote.

What is the makeup of Congress under the Constitution?

• Bicameral - House of Representatives & Senate

• Senate represents the people

• House of Representatives is based on population. The “people’s chamber.”

How do congressional boundaries change?

They are changed through redistricting every 10 years to ensure that all districts have roughly equal populations.

What is it called when congressional districts are changed to create a political advantage?

Gerrymandering.

What is the leadership structure of both chambers of Congress?

It is largely around parties. Committee and power structures are determined by which party has more members in Congress.

Who is the official leader of the Chambers of Congress?

The Speaker of The House.

Who is the unofficial leader of the Chambers of Congress?

The Majority Leader.

What options does the President have when vetoing or signing bills?

When the President receives a bill that is pending approval, they can:

1. Sign the bill into law.

2. Veto the bill and send it back to Congress.

3. Do nothing. If Congress is in session during this, the bill becomes law after 10 days. If Congress is out, the bill is effectively vetoed, which would be a Pocket Veto.

How can Congress override a Presidential Veto?

With a 2/3 vote in both chambers.

What is the process by which the President of The United States is elected?

The President of The United States is elected every four years through an indirect system called the Electoral College.

The candidate with the most popular votes in a state wins all of that state’s electoral votes.

What is the purpose of the Electoral College?

It serves as the formal body for electing President and Vice President, created by the Framers as a compromise between popular vote and election by Congress.

What are the 6 roles of the President?

1. Commander in Chief of Armed Forces.

2. Head of State.

3. Chief Executive.

4. Chief Diplomat.

5. Leader of Party.

6. Powerful Legislator.

How has Congress attempted to restrict the President’s war powers?

• Congress still holds the true and official power to declare war.

• President must notify Congress of military action within 48 hours.

• President cannot keep forces in action for more than 60 days without authorization.

How many terms can a President serve now?

Previously, there was no cap on how many terms a President could serve, but it is now 2 terms/8 years.

Explain what would occur in the Presidential office during the succession process.

If the President is unable to perform their duties, the Vice President would become President.

What are the 3 kinds of pardons that can be issued by the President?

1. Pardon - Full forgiveness of crime.

2. Commutation - Shortening of sentence.

3. Amnesty - Pardon issues to a group of people.

What did Alexander Hamilton say about the due process and the right to a trial by jury in Federalist 83?

He emphasized the importance of the rights as fundamental safeguards of liberty and justice, showing that the Framers viewed due process as essential.

What is the definition of jurisdiction?

The power to make decisions.

What is original v. appellate jurisdiction?

Original jurisdiction - Ability to be the first court to hear a case.

Appellate jurisdiction - Authority to hear cases on appeal from lower courts.

What is geographic jurisdiction?

Specific geographical areas which legal bodies govern and exercise authority over.

What is subject matter jurisdiction?

Court’s authority to hear a specific type of legal issue or case.

What is the definition of standing?

The legal capacity of a party to bring a lawsuit to court with true demonstration and connection of harm from the law or action that is being challenged.

How does common law work in the American legal system?

It is like “law made by judges.” When the court decides on the ruling of a case, they write an opinion explaining the reasoning behind the ruling. The written reasons can be used for reference and as jurisdiction in similar future cases.

What is the lowest level of the Federal Court system? What so they jurisdict?

The District Courts.

• General trial courts.

• 89 courts in the states with 5 more in other U.S. territories.

• Their jurisdiction is Civil and Criminal Cases.

What is the middle level of the Federal Court system? What do they jurisdict?

The Circuit Courts/Courts of Appeal.

• 13 total circuits. 11 geographically focused, 1 for D.C., and one for special courts regarding patents and customs.

• Only appellate jurisdiction.

• Mandatory jurisdiction, meaning they must hear all cases appealed to them.

What is the highest level of the Federal Court system? What do they jurisdict?

The Supreme Court.

• Sits at top of Federal judiciary, their decisions cannot be appealed.

• Very few cases that are appealed are granted review.

• They only have original jurisdiction with they have: cases involving disputes between two states, or cases involving ambassadors or other public ministers.

How many justices sit on the United States Supreme Court

9.

Why is the Supreme Court Justice appointment process so important?

Their appointment can have an impact on American policy for decades.

What is the Rule of Four? Why does it affect how many cases the Supreme court hears each year?

The rule requires that at least four out of the nine judges must vote to grant a “petition for certiorari” or a request for review for the court to hear a case.

• Only about 1% of cases appealed are actually heard.

How does the Supreme Court issue their rulings?

Through the Majority Opinion, which is the opinion agreed upon by at least 5 members of the court.

What is judicial review?

The ability of the courts to declare laws passed by Congress or acts of the Executive as unconstitutional.

When was judicial review first exercised?

Marbury v. Madison.