american gov exam III 12-15

criminal cases

cases where government charges an individual that violates public health, safety, morals, and welfare.

ex: murder, traffic offenses, robbery

in criminal cases the government is ALWAYS the___

plaintiff

(the party that brings the charges and alleges a criminal violation by defendant)

defendants found guilty of criminal violation may be ____ or _____

fined or sent to prison

Civil law

cases that involve no criminal violations, but are disputes among individuals, groups, or corporations

defendants found guilty of civil cases may _____

not be fined or sent to prison, but required to pay monetary damages they caused.

federal court system is divided into 3 parts ….

us district court, us appeals court, us supreme court

us district court

where almost all federal cases begin (civil and criminal)

94 district courts total in the us

how many district courts do each state have

each state has at least 1 district court and doesn’t cross state lines

some has more like California NY and Texas having 4

us appeals court

where cases are decided and made final unless it’s selected to be reviewed by Supreme Court.

How many us appeals courts are there ?

13 appeal courts total divided amounts the states

Supreme Court

Highest American court; has authority over federal court and any decisions involving us constitution or federal law

How many justices currently serve on the us Supreme Court ?

9 (chief john roberts and 8 associate justices)

court packing plan

An attempt by president Roosevelt to increase the number of justices to 15 to elect justices that politically align with him and his new deal legislation.

this planned failed due to congress having the power to change seats and they were not in favor of his legislation

senatorial courtesy

before a judge is nominated, the candidates state senators must indicate that they support the nominee

What is the process to become a Supreme Court justice?

1) president nominates a candidate following senatorial courtesy and submits their nominee to the Senate Judiciary Committee

2)The committee holds hearings for each nominee and then vote on weather they should recommend them to the full senate

3) a majority of the 100 senators must vote in support to be sworn in as a federal judge.

How many years do Supreme Court justices serve on the Supreme Court ?

they serve for life (lifetime appointment)

unless they are impeached or wish to retire earlier

Which Supreme Court case asserted its authority for judicial review ?

Marbury v Madison

Judicial review

the ability of the court to decide if a law contradicts or violates the provisions of an existing law or the constitution

Marbury v Madison

William Marbury was to be delivered an official commission before John Adam’s was replaced by Thomas Jefferson in presidency, but Jefferson’s Secretary of State refused to deliver this commission so Marbury petitioned to the Supreme Court. Chief justice John Marshall wanted to assert judiciary power but knew he couldn’t go against the president directly so ultimately turned down the petition but ruled that Marbury was entitled to the commission and pointed out the unconstitutionally of Jefferson’s legislation.

What are the 4 types of cases that the Supreme Court has original jurisdiction over?

cases between one state and the us government

cases between two or more states

cases brought by foreign ambassadors or other ministers

cases brought by one state against citizens of another state or against a foreign country

United States v Maine (original jurisdiction cases)

the justices ruled that the national government had control of oil deposits over 3 miles off shore not the states

Michigan vs Ohio (original jurisdiction cases)

Michigan and Ohio each claimed the same piece of territory in Lake Erie

United States v Ortega

Juan Ortega was indicted for assaulting a Spanish diplomatic in the US, but ruled that Ortega’s prosecution was not affecting a ministers legal standing, and didn’t require Supreme Court jurisdiction.

Chisholm v Georgia (original jurisdiction cases)

Chisholm, a South Carolina resident, sued Georgia for lack of payment for goods supplied during the American Revolutionary War .Supreme Court ruled Georgia did not possess sovereign immunity and could be sued in federal court.

Who determines who writes the option in the Supreme Court case and why is the assignment of writing the opinion important?

The chief justice determined who writes the opinion. It is important because every opinion sets a major precedent for future cases in the judicial system.

How many Supreme Court justices must agree in order to accept a case for review?

at least 4 justices must agree

How do Supreme Court decide cases?

1) a petition is made (must be accepted by at least 4 justices)

2) Preparation—> attorneys in both sides prepare briefs

3) Oral argument—> attorney present their position and answer judges questions with a half hour limit

4) The conference—> court discusses the case in a private meeting

5) opinion writing—> chief justice assigns member to write the opinion after decision has been made.

concurring opinions

agrees with majority’s final decision but offers different legal reasoning

dissenting opinion

disagrees with both majority decision and reasoning

What is a brief?

written documents where attorneys explain why the court should rule in favor of favor of client

What are the 9 checks on judicial powder? [1-4]

constitutional amendment→ congress may correct the Supreme Court interpretation of constitution by adding an amendment

statutory amendment→ allows congress to correct courts interpretation of a statue

impeachment→ only one SC justice has been impeached

withdrawing jurisdiction→ congress may withdraw jurisdiction to hear certain types of cases

What are the 9 checks on judicial powder? [5-7]

change the size→ congress may change the size of the court

appointment of new justices(self explanatory)

senate confirmation→ may limit the range of presidents choices

What are the 9 checks on judicial powder? [8-9]

Compliance→ judges posses very little power and depend on others to carry out decisions and obey

litigation→ judges do not initiate the cases they decide, without a case court can’t take action

the judicial and executive branch of government were established by what article in the us constitution?

Article II

what are the eligibility requirements to become president?

1) natural born citizen

2) 35 years or older

3) US resident for at least 14 years

22nd amendment (1951)

Limits the president to serve more than 2 terms in office

Franklin Roosevelt served 4 terms (until 1945) and in response this amendment banned future presidents from serving more than twice

What are the powers of the president?[1-5]

1) make treaties with senate approval

2) represent our nation in talks w/ foreign countries

3) enforce the laws congress passes

4) acts as commander in chief during war

5) head of national intelligence network (ex: CIA and FBI)

What are the powers of the president? [6-9]

6) grants pardon (ex: Richard Nixon)

7) appoint federal judges, Supreme Court judges, ambassadors, and cabinet members

8) issues executive orders

9) veto bills + signs bills into law

cabinet

The secretaries/chief administrators of the major departments of the federal government

How many executive departments do we have and the heads of those departments are known as? 

15 departments; the heads are called secretaries except ‘attorney general’

What was the newsiest executive department that was created?

department of homeland security (DHS)

Name of the line of succession for the presidency?

vice president

speaker of house

president pro tempore of senate

then cabinet members next in line

veto

Blocks a legislation form becoming a law, president returns bill to congress within 10 days

pocket veto

Absolute veto that can’t be overridden or returned within 10 days

responsibilities of the vice president

1) succeed the president in case of death, resignation, incapacity

2) preside over the senate , for tie breaking votes

3) ceremonial duties like attending funerals of dignitaries, dedicating parks, sitting in on the senate

Impeachment

charging a gov official wits treason, bribery, or high crimes/misdemeanors

How many US presidents have been impeached

3 presidents: Andrew Jackson, Bill Clinton, Donald Trump.

Richard Nixon was involving in impeachment proceedings but resigned before charges could be placed.

why was Andrew Jackson impeached?

Impeached for dismissing the secretary of war without senate approval. He was saved by one veto to remain in office

Why was bill Clinton impeached?

lying under oath and obstructing justice during his affair investigation with Monica Lewinsky.

Why was Donald Trump impeached?

Abuse of power and obstruction of congress

What is the role of the first ladies?

support of their spouse, including greeting foreign dignitaries and visiting other countries.

how many votes from senate is required to be removed from office during impeachment

2/3 senate vote

15th amendment

gave the right for black men to vote

24th amendment

forbids the use of poll taxes in federal elections

19th amendment

gave women the right to vote

26th amendment

lowered voting age from 21 to 18 (ratified during vietnam war)

why is voter turnout low? (list of reasons)

people may dislike the running candidate

lack of transportation so most people cant reach the polls

voter demographics like their age, race, gender, income

religion/ religious beliefs

state electoral laws that has requirements/prerequisites that make it hard for people to vote

Name the four state electoral laws that create barriers to voting and reduce participation

1) registration requirements→ the US voter registration is a 2 step process where you must register to vote, then vote

2) If you committed a felony you have restrictions on voting rights (only 9 states have permanently prevented felons from voting)

3) must have proof of identity in order to vote (36 states require ID from all voters before voting at polls)

4) election day is held on tuesday’s, during a day most people are at work.

Name the four reforms that have attempted to make voting easier

early voting→ option to vote at polling place or by mail prior to election

permanent absentee ballots→option to have ballot send to your home for each election

election day registration→ option to register on day of election and vote the same day

National Voter Registration Act of 1993

National Voter Registration Act of 1993

aka motor voter law; enacted to simplify the registration process by allowing you to register to vote at the dmv

What are the five voting turnout characteristics ?

age, education, physiological, race, gender

Age (voting characteristics)

older people are more likely to vote, since they move less often and don’t have to re-register

Education (voting characteristics)

the more educated you are the more likely you are to vote

psychological (voting characteristics)

greater interest in politics, the more likely you are to vote

Race (voting characteristics)

white people are more likely to vote than any other race

Gender (voting characteristics)

women are more likely to vote than men

bureaucracy

aka 4th branch of government; organization with hierarchical structure indented to enhance ethe efficiency of government

What are the three goals of federal bureaucracies?

promote public welfare

provide national security (ex: department of homeland security and department of justice)

maintain a strong economy (ex: IRS collecting private resources for public use)

What are the four advantages to bureaucracies? 

standardization→ prevents people from being treated differently

expertise and competence→people working in a specific field gain expertise and continue to work in that field for years

accountability→ Congress can grant a specific budget for a policy to be evaluated, and monitor the results.

coordination→ defined responsibilities and hierarchical system makes it more coordinated and effective

electoral college

Presidential electors from each state meet to cast their votes for vice president and president

types of bureaucracies

departments→15 federal departments of secretaries/attorney general that serve in presidants cabinet

independent agencies→ federal agencies with limited responsibilities for specific policy issues; not covered by the 15 federal departments

government corporations→ agencies with independent boards; generate revenue by charging additionally for services. (ex: Amtrak and the US postal service)

who do cabinet members report to?

the presidant

What are the three ways that bureaucracies can be reformed?

termination, devolution, privatization

termination

the ending/cutoff of a government program or policy; only way to ensure an agency’s reduction

devolution

reduces the size of the federal bureaucracy by delegating the implementation of programs to state and local government.

privatization

public service provided by a private company but paid for by government

What are the five problems with bureaucracies?

red tape→ complex rules/ procedures required to get anything one

conflict→ agencies may be working to achieve conflicting goals

duplication→ two or more agencies doing the same job

waste→spending more than what is needed for a product

slowness