Government 2305 Study Guide for Quiz One Summer II 2025

New Jersey Plan

Each state should continue to have equal representation in Congress

Virginia Plan

Each state should have representation based on its percentage of the national population

• Ex. 36.5% seat → vote, 36% of seats in the votes → getting what you want in the legislature

  • Representation should be based on a state’s percentage of the national population

Connecticut Compromise

Established the House of Representatives, where representation is based on each state’s share of the national population, and the Senate, where every state gets two senators

3/5 Compromise

3 out of 5 slaves count as population to determine representation in the House of Representatives

Commerce Clause

Congress has the exclusive right to regulate interstate commerce

Elastic (necessary & proper) Clause

Congress may make any law it decides it “necessary and proper” for carrying out its Constitutional duties

Article I

Outlines the structure, powers, and procedures of the Legislative Branch, specifically Congress, which is composed of the Senate and the House of Representatives

Supremacy Clause (Article VI, Sec. 2)

The Constitution, and all laws made by Congress, are the “supreme law of the land”

Legislature

An institution of government that makes laws

John Locke

Influenced the Declaration of Independence. Said that the only legitimate purpose of government is to protect natural rights

Articles of Confederation (1771-1781)

A first, failed attempt to write a national constitution and create a national government

• Failed because of no compulsory taxation

• States are unable to agree on legislation

• No way to sort out disputes between states’ economic crisis

Federalists

John Jay, Hamilton, and Madison → wrote 85 essays in support of ratification

Anti-Federalists

opposed ratifying the Constitution in the absence of protections for states’ rights and civil liberties

Bill of Rights

1st 10 Amendments to the Constitution and the basis for American civil liberties

Article II

establishes structures and powers of the Executive Branch

• Chief Executive - Carry out the laws and rules (and budget) passed by Congress

• Commander-In-Chief - President is the head of the armed services

  • May veto laws passed by Congress

• Electoral College - Each state gets a number of votes that equals the total number of members a state sends to Congress

• 23rd Amendment - Grants DC 3 electoral votes

• Electoral Votes = 538

• outlines the President's powers, duties, method of election, and the process for their removal from office

Article III

Establishes the Judicial Branch. Creates the Supreme Court and allows Congress to create lower courts

Democratic Republic

When citizens elect representatives to make policy decisions for the country

Full Faith and Credit Clause

Each state must honor the judicial decisions and public documents of other states

Separation of Powers

dividing governmental authority into three different branches (legislative [makes laws], executive [enforces laws], and judicial [interprets laws])

Checks and Balances

a system that allows each branch of a government to amend or veto acts of another branch to prevent any one branch from having too much power

Functions of Governments

maintain order and providing public services, ensuring national security, resolving conflicts, and managing the economy (protect, provide, and invest in talent)

Shay’s Rebellion

an armed uprising in western Massachusetts during 1786 and 1787, primarily driven by farmers’ grievances over high taxes, debt, and economic hardship following the Revolutionary War

Electoral College System

A majority of 270 electoral votes is required to elect the President. 

• The lowest number of electoral votes a state can have is 3

• There are 435 in the house of representatives, 100 people in senate, then three DC electoral votes, so 538 people in total. 

• Each state gets a number of votes for president equal to the number of members it sends to Congress

Extradition Clause

Suspects of crime cannot flee to other states → must be returned to the state where the alleged crime occurred

Privileges and Immunities Clause

Each state must treat citizens of other states the same as they treat their own

Formal Amendments

a change or addition that becomes part of the written text of a constitution (refer to Article V)

Federalist Papers

85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788 in support of ratification

Slave Trade Clause (Art. I, Sec. 9)

The Slave trade was to be banned in 1808

Escaped Slave Clause (Art. IV, sec. 2)

Escaped slaves must be returned to their slavers

Direct Democracy

When citizens themselves make public policy decisions by voting

23^rd Amendment

allows American citizens residing in the District of Columbia to vote for presidential electors, who in turn vote in the Electoral College for President and Vice President.

• Gives Washington DC 3 electoral votes

1919 Schenck vs. US

Speech may not be abridged unless it represents a clear and present danger

Free-Exercise Clause

The practice of religion may not be prohibited except for non-religious reasons (like public safety, law).

Establishment Clause

Congress may not elevate one religion over another, and must remain neutral

Second Amendment

Allows states to decide under what circumstances they can own firearms

2010 McDonald vs. Chicago

Case where the Supreme Court ruled that the individual right to keep and bear arms fabricated in the Heller decision may not be abridged by the states

2008 Heller vs. DC

The Supreme Court ruled (incorrectly) that there is an individual right to keep and bear arms given to citizens by the Second Amendment

House of Representatives

makes and passes federal laws. The House is one of Congress’s two chambers (the other is the U.S. Senate), and part of the federal government's legislative branch. Based on % of population

1957 Roth vs. US

Obscenity is NOT protected by the First Amendment (not protected by speech)

Executive Branch

responsible for enforcing the laws of the nation

Judicial Branch

responsible for interpreting and applying the law (includes the Supreme Court and other federal courts)

Libel

Any defamatory falsehood that damages a person’s reputation → can be sued → for people in the public spotlight, the plaintiff must show actual malice

1973 Miller vs. California

States and local governments may regulate obscenity according to “community standards of decency” under guidelines established by the court

1969 Brandenburg vs. Ohio

Speech may not be abridged unless it represents a threat of imminent lawless action

Legislature

An institution of government that makes laws

War Powers

Only Congress may declare war

1962 Engal vs. Vitale

Public schools may not require students to pray

Article V

The process for formally amending the Constitution

1971 Lemon vs. Kurtzman

Government may fund religious institutions as long as the funding has a clear secular purpose