CIVICS H 3RD QUARTER EXAM

Congress determines immigration policy

What is Congress' role in immigration?

By passing laws

How does Congress determine immigration policy?

You cannot vote

With a green card, you obtain the same legal rights and responsibilities as a U.S. citizen, with the exception of what?

1. Marriage

2. Employment

3. Asylum

4. Lottery

What are the 4 ways one can obtain a green card?

1. By birth ("natural born")

2. Naturalization process

What are the 2 ways one can become a U.S. citizen?

1. Green card for 5 years

2. Take and pass exam

3. Interview

4. Oath of allegiance to US

What are 4 requirements for citizenship?

They usually want to just give citizenship to them. They wanted to draft the Gang of Eight Bill to write a path for citizenship for illegal aliens.

What is the Democratic stance on illegal/undocumented aliens?

They have a divided opinion. Moderate republicans want to allow them to become legal residents, but not citizens (meaning they will never have the option to vote). Conservative republicans want only deportation of undocumented aliens. Republicans are united on their opinion of strong border security.

What is the Republican stance on illegal/undocumented aliens?

If the democrats were going to write it, the republicans wanted stronger border security and more funding for it.

What was the compromise of the Gand of Eight Bill?

1. Born in any state, DC, or US territory

2. Having two American parents (vacationing out of the country example)

3. 1 American parent has recently lived in the US

What are the 3 ways to be considered a natural born citizen?

1. Obtain a visa

2. Obtain a green card

3. Become a citizen

Name the 3 main steps of the naturalization process.

Visa

A document from the government authorizing a non-resident to be present in the US (like a permission slip from the State Dept. to be here)

1. Work

2. Student (F1)

3. Fiance (K)

4. Travel (B1 or B2)

Name 4 types of visas.

Development Relief and Education for Alien Minors

What does the DREAM Act stand for?

Congressional

Was the DREAM Act congressional or executive?

attempt

Was the DREAM Act an attempt or an action?

1. Gives temporary legal status for illegal aliens brought as children.

2. Grants permanent legal status after either completing 2 years of college or 2 years of serving in the armed forces. (B/c both options will make the person a productive person of society)

Describe the 2 actions of the DREAM Act.

Neither. It was blocked in both the House and the Senate. (Was only a proposal. Republicans denied it.)

Was the DREAM Act passed in the House or the Senate?

Congressional

Was the Gang of Eight Bill congressional or executive?

attempt

Was the Gang of Eight Bill an attempt or an action?

B/c it's from both parties. 8 senators worked on it. 4 democrats and 4 republicans.

Why is the Gang of Eight Bill called a bipartisan bill?

1. Writes a path for citizenship for illegal aliens

2. Money for border security

Describe the 2 aspects of the Gang of Eight Bill.

the Senate, but not the House (was easy to pass the Senate b/c it appealed both parties)

Was the Gang of Eight Bill passed by the House or the Senate?

Deferred Action for Childhood Arrivals

What does DACA stand for?

Executive

Was DACA congressional or executive?

action

Was DACA an attempt or an action?

It was an executive action passed by President Obama in the tail-end of his presidency. It allowed for illegal aliens who have children that are US citizens to stay here if they've been here for 5 years. Parents wouldn’t be deported if their children are citizens and have been here for at least 5 years. Allows dreamers to stay if they have been here since 2007.

Describe what DACA was.

It establishes the federal judiciary.

Vests the judicial power of the United States in the Supreme Court and any inferior courts that Congress may establish.

What is the importance of Article III of the constitution?

A dual court system

What type of court system do we have in the US?

It means that there are both federal and state courts that operate simultaneously and handle their own cases.

What does a dual court system mean?

Jurisdiction

the authority to hear a case

Original jurisdiction

the authority to hear a case first

the federal courts

Who has original jurisdiction?

Concurrent jurisdiction

the type of jurisdiction in a case that can be heard in either federal or state court

the president

Who nominates a federal judge?

the Senate

Who confirms a federal judge?

No

Does a federal judge have to have any constitutional qualifications?

Generally a state judge, prominent attorney, or law school professor

What are the informal qualifications of a federal judge?

Life

What is the term length of a federal judge?

Impeachment, retirement, or death

A federal judge is only removed by what 3 ways?

B/c it removes judges from political pressure when making decisions

Why are there only 3 ways that a federal judge is removed?

One

At least how many federal districts does each state need?

Judicial restraint

Judicial restraint or activism:

- Judges rely on the intent of the Founders

- Shouldn't create new policy

- Avoid political/social decisions

- Conservative/Republican

Judicial activism

Judicial restraint or activism:

- Judges interpret the constitution in light of changes to society

- Have an active role in shaping policy

- Don't avoid political/social decisions

- Democrat/Liberal

Foreign Intelligence Surveillance Act (FISA)

The inferior court that issues secret search warrants against those suspected of being spies or terrorists

Congress

Who determines all inferior courts?

That congress absolutely has the power to create these courts. (it is carried out by the constitution)

What does the 1789 Judiciary Act prove about district courts?

94

How many total district courts are there in the US?

3

How many district courts does Louisiana have?

Original jurisdiction. "Courts of first instance." Trials, witnesses, evidence, juries.

What type of jurisdiction do district courts have?

Civil case

A court case about money or property

Criminal case

A case involving the violation of a criminal law

Plaintiff

In a civil case, it is the ___________ v. Defendant.

Prosecutor

In a criminal case, it is the ___________ v. Defendant.

The prosecutor. B/c that would be double jeopardy and a violation of the 5th amendment.

Everyone has the right to appeal except whom? Why?

the 1891 Judiciary Act

What creates the courts of appeals?

13 (11 circuits and 2 special ones)

How many courts of appeals are there nationwide?

Appellate

What type of jurisdiction do the courts of appeals have?

Legal error

What are rulings of appellate courts based on?

Precedents

What are set at the appellate level?

5th circuit. Includes Louisiana, Texas, and Mississippi.

Louisiana is home to which circuit court of appeals, and which states does that circuit include?

Patent cases or international trade cases

What types of cases does the Federal circuit of appeals hear?

National jurisdiction

What type of jurisdiction does the Federal circuit of appeals have?

Congress

Who determines the size of the Supreme Court?

Precedent

A previous decision based on similar facts

Judicial review

The power to say whether a law goes against the constitution

Marbury v. Madison

Which court case established the Supreme Court's power of judicial review?

The state of Georgia was violating a treaty that the gov't had with the Cherokee tribe by taking Cherokee land and giving it to Georgia residents.

Worcester v. Georgia ISSUE.

Does Georgia have the authority to regulate an Indian tribe even though the Constitution says the federal gov't has authority over Native Americans? (Dept. of Interior handles Native American issues)

Worcester v. Georgia QUESTION.

John Marshall and his court said that the state or GA has no authority to regulate the Cherokee tribe. Only the federal gov't may do so. (But, the president, Andrew Jackson, has to enforce this rule. He is big on states' rights, so he sides with GA on this one. End result- the trail of tears. They kicked the Native Americans out.)

Worcester v. Georgia RULING.

Shows that the judicial branch is reliant on the other branches to enforce its decisions.

Worcester v. Georgia IMPACT.

the first Monday in October

When does a Supreme Court term begin?

the last week of June

When does a Supreme Court term end?

2 weeks of hearing cases, followed by 2 weeks of recess, repeat.

How does the Supreme Court alternate hearing cases and recess periods?

When a group of like-minded people meet to select the candidates that they will support

What is a caucus?

Step 1: Party members meet, starting at a local caucus, and a list of potential candidates is drafted.

Step 2: Speeches are given by representatives on behalf of each candidate.

Step 3: A vote is taken, and the field is either narrowed down or a candidate is chosen.

Describe how a caucus works in 3 steps.

An intraparty election to choose the party's nominees

What is a primary?

A primary in which only registered members of the party can vote in that party's primary

What is a closed primary?

A primary in which a voter, regardless of party affiliation, can participate in one party's primary, but not both

What is an open primary?

A type of open primary in which every voter receives a ballot with every candidate on it, regardless of party affiliation

What is a blanket primary?

The state will take the top Republican vote-getter and the top Democratic vote-getter and put them together in a runoff (But this was deemed unconstitutional)

What happens with the results of a blanket primary?

A type of open primary in which all candidates from each party are listed on one ballot, and voters may pick anyone

What is a jungle primary?

In a blanket primary, it's the top democratic and top republican in a runoff. In a jungle primary, it's the top 2 candidates, regardless of party.

What is the difference between a blanket primary and a jungle primary?

Non-presidential

The jungle primary is a method for what type of primaries only?

Louisiana

Which state uses a jungle primary system?

Closed

Is the Louisiana presidential primary open or closed?

He/She must obtain the most votes from the convention during the summer. Delegates are where those votes come from.

How does one earn the presidential nomination of his/her party?

A party member who formally nominates the president and VP candidates and helps to write the party platform

Define a delegate.

1. Win or do well in a state's primary/caucus

2. Through superdelegates

What are the 2 ways to gain delegates?

1. Winner-take-all: one candidate gets all the delegates of a state

2. Proportional: delegates are handed out based on the percentage of votes they receive in the state

Name and describe the 2 ways a state hands out their delegates.

The 2nd Tuesday in March when 21 states hold their primaries. The most primary elections are held on this day.

What is Super Tuesday?

Iowa

In which state is the first caucus always held?

New Hampshire

In which state is the first primary always held?

State

Most election laws (all but 3) belong to which level of government?

the first Tuesday after the first Monday in November (every 2 years - even years)

What is the formula for federal election day?

Most state elections are held the same day as federal elections, but some in opposite years.

When are state elections held?

7 am - 8 pm in LA (some open at 6 am)

What are the LA poll times?

People show up outside of election booths and ask for voters' information about who they voted for to make a guess at who won the election

What are exit polls?

The media predicts a winner based on exit polls

What does "calling a race" mean?

When the states open voting prior to the general election for voter convenience

What is early voting?