Final Exam Gov Study Guide

Problem: State government too strong

Why its a problem: Constant conflict between states, citizens had more allegiance to their state than to a national identity

How Constitution Fixed It: Federalism system: divides power between the national government and states, limit gov and reserve powers for states 

Problem: Cant tax

Why its a problem: No money for projects and services

How Constitution Fixed It: Power to tax (Article 1, Section 8)

Problem: Cant raise an army

Why its a problem: No way to defend as a nation or settle violence between states (Civil war) 

How Constitution Fixed It: Raise and support armies 

Problem: Constant conflict between states

Why its a problem: All the states are doing their own thing, creating chaos

How Constitution Fixed It: Supremacy Clause: federal laws over state laws 

Supreme Court: handles disputes between states 

Problem: Only one branch (legislative)

Why its a problem: One very strong part of the government that is unchecked

How Constitution Fixed It: 3 branches of government, Separation of powers and checks and balances

Problem: Each state had one vote in the legislative body

Why its a problem: Small states and large states have equal sway no matter the population 

How Constitution Fixed It: (Great Compromise) Bicameral legislature: House- based on population, Senate- 2 per 

Problem: Constitution could only be amended by unanimous consent

Why its a problem: Very hard to change the Constitution even if nearly everyone agreed. 

How Constitution Fixed It: Proposed: 2/3 Congress, Ratified: ¾ states 

Problem: Cant control trade/commerce

Why its a problem: Interstate trade barriers and trade agreements with foreign nations

How Constitution Fixed It: Commerce clause: regulate commerce with foreign nations, and between states (interstate) 

Constitution Compromises

• 3/5^th Compromise: agreement to count every 5 slaves as 3 free persons for both representation and taxation 

• Connecticut Compromise: bicameral, = rep for states (Senate), rep based on population (House) 

• Commerce Clause: Article 1, Section 8; gives Congress the power to regulate commerce with foreign nations and among the states

Constitution Ratification

9/13 states ratified

Constitution Concerns

1. How should states be represented in the federal legislature? 

2. How would the population of each state be determined? 

3. Who can vote? 

Separation of powers

concept of giving different powers and responsibilities to different groups of people within the government 

Unitary Government

System of government where a single central authority holds all the power rather than sharing with multiple levels 

-centralized power 

Confederation

Organization which consists of a number of parties or groups united in an alliance or league (limited central govt power/states keep ultimate authority) 

-more power to individual states 

Federalism

Balances powers between the central and regional governments

• confederation + unitary

Direct democracy

• Individuals in charge 

• Everyone is a leader 

• Rights protected by the people 

• CONCERNS: everyone must be informed about everything 

Representative democracy (republic)

• People through elected reps have say 

• Leaders elected 

• Rights protected by laws/elections/constitution 

• CONCERNS: state influence on things affects the true power of citizens 

Monarchy

• King or queen and constitution are in charge 

• Parliament is appointed and elections 

• Power limited through constitution 

• Parliament makes laws and are voted by the people 

• CONCERNS: those in power get too much 

Dictatorship

• One leader 

• By force, military coup 

• Whatever the dictator wants happens 

• No opposition allowed 

Republic

form of government in which a state is ruled by representatives of the citizen body

Define the supremacy clause and describe why it is important. 

Establishes the Constitution and federal laws as the “supreme Law of the Land”. 

• They take precedence over conflicting state laws, created national union 

• Established a strong federal government 

• Protects the Constitution 

Liberal

• Federalist 

• More regulation 

• Services provided by government 

• Restrict arms 

• Democratic

Conservative

• Anti-federalist 

• Smaller government/less regulation 

• Right to bear arms 

• Traditional

• Republican

Federalist

• Supported ratification 

• Strong national government 

• Large landowners and professionals, Northern states 

• Madison and Hamilton

  • federalist papers pushed the constitution

Anti-federalist

• Against ratification of new Constitution 

• Strong state governments 

• Small farmers, Southern states 

• Insisted on a Bill of Rights to protect individuals 

• Representative government could only exist in a small territory

Structure of the legislative branch

Congress (House/Senate) and special agencies and offices 

• Senate: 

  intended to represent each state equally, 2 senators per state 

• House of Representatives: 

  Intended to represent each state proportionally based on population 

  # of reps per state depends on the number of congressional districts 

  Closer to the people because they represent smaller constituencies 

Enumerated powers of Congress

• Passing a federal budget (power of the purse) 

• Raising revenue 

• Coining money 

• Declaring war and maintaining the armed forces 

• Regulate commerce between states

Implied powers of Congress

• Enacting legislation

  • Necessary and Proper Clause (Article 1, Section 8)

• As long as not denied, Congress can do it

House v Senate

House:

• Term: 2-years 

• Powers:  

  • Initiate revenue bills (write tax bills) 

  Impeach federal officials (start process by bringing charges of impeachment against the President) 

# of members: 435 

Who they represent: districts 

Senate:

• Term: 6-years 

• Powers: 

  • Confirm presidential appointments to federal courts and the executive branch 

  Conduct impeachment trials (by deciding guilty or not) 

  Ratify treaties 

# of members: 100 

Who they represent: the whole state 

• members are elected by citizens of the entire state

Filibuster

member of the Senate refuses to yield floor until vote is delayed

What do committees in Congress do?

• Conduct research, line up witnesses, and write/rewrite bills 

• “mark up” (amend) the bill, before submitting it to the full House or Senate for debate 

• pigeonhole a bill (set aside)

Gerrymandering

manipulating the boundaries of a congressional district to favor one party over the other

President: Executive Powers- Formal

• Commander in Chief of Army and Navy 

• Make treaties 

• Appoint and receive Ambassadors 

• Executive orders 

• Nominate department heads 

President: Executive Powers- Informal

• Executive privilege

• Executive agreements

President: Legislative Powers- Formal

• Sign/veto legislation 

• Present info to Congress 

• Recommend legislation 

President: Legislative Powers- Informal

• Signing statements

• Bully pulpit

President: Judicial Powers- Formal

• Pardons

• Nominate federal judges

Executive orders

directives issues by the President that manage operations of the federal government and have the force of law 

• Federal courts can nullify executive orders if unconstitutional 

• Congress can pass new legislation to revoke an executive order 

• President can establish rules for a federal agency

Executive privilege

allows the President to keep secrets from the public in the name of national security

How many votes does each state get in the Electoral College? 

Each state gets a number of electoral college votes equal to the number of reps they have in the House plus their two Senators 

What are some common criticisms of the Electoral College? 

• Each vote is not counted equally (small states population have more power) 

• Winner of popular vote doesn’t always win 

• people in the electoral college ultimately decide who is voted for

 What is the federal bureaucracy, and what does it do? 

The executive branch that implements public policy and carries out the functions of the government 

• Policy implementation 

Judicial review

power of Supreme Court to decide whether the actions of the other branches are Constitutional

Original jurisdiction

authority of a court to hear a case first (determine the facts of the case)

• mostly in lower courts

Original intent

What were the intentions of the Framers (regardless of what the text says)

Judicial restraint

narrow interpretation of the law, follow prior interpretations/decisions

• avoid policy making, leaving it to congress

Judicial activism

overturning laws/judicial precedent as unconstitutional PLUS policymaking to replace that law

Precedent

how similar cases have been decided in the past

How are justices nominated and confirmed to be on the Supreme Court? 

1. Presidential nomination sent to Senate 

2. Senate Judiciary Committee investigates the nominee 

3. SJC questions the nominee at a public hearing in the Senate 

4. Nomination is sent to the entire Senate for a floor vote (need simple majority) 

How long are term lengths for federal judges?

for life

Why are nominations to the Supreme Court often so controversial in government? 

Very differing or strong beliefs that make one side or another not like them, or they have done something controversial

• after they are nominated they are in that position for life

List the Bill of Rights and 14th Amendment

First: freedom of religion, speech, press, assembly, and petition (establishment clause)

Second: keep/bear arms to maintain a well regulated militia 

Third: no quartering of soldiers 

Fourth: freedom from unreasonable searches and seizures 

Fifth: right to due process, freedom from self-incrimination, and cant be tried for same crime twice (double jeopardy)

Sixth: rights of a speedy and public trial and right to counsel 

Seventh: right to trial by jury in civil cases 

Eight: free from excessive bail; cruel and unusual punishment are prohibited 

Ninth: US citizens have more rights than are listed in the Constitution 

Tenth: powers not given to federal government or denied to the states are reserved for the states (Reserved Powers Clause)

Fourteenth: guarantees rights and liberties to all citizens, due process and equal protection (equal protection clause- government guarantees rights to all citizens)

Civil liberties

limitations placed on the government in order to protect personal freedoms (that are given in the Bill of Rights) 

Civil rights

limitations placed on the power of the majority in order to guarantee the equal rights of the minority

When can the government limit your freedom of speech?

When it could cause chaos: threats, defamation, fighting words, inciting violence 

Civil Rights Act of 1964

prohibits discrimination based on: race, color, religion, sex, and national origin

Role of Political Parties:

an organization that coordinates candidates to compete in a particular country’s elections, worth to get political power and then use that power to influence policy 

- nominate candidates for public office 

- focus on candidates and voters 

- focus on the legislative process 

- policy generalists 

- accountable to the public 

Role of Interest Groups:

formal organizations that try to influence what government does in some specific area of special interest to them 

• may support campaigns but don’t run candidates 

• focus on policy questions 

• influence all policy arenas (including the federal bureaucracy and federal courts) 

• private organizations 

Why are third parties not successful in the United States? 

no one believes that they will be the winner of the election compared to republicans and democrats, so no one votes for them

• no media exposure

• no financing

What impact do third parties have on politics in the United States despite rarely winning elections? 

• major party candidates are forced to address the issues that third party candidates bring to the national political discourse

• In some elections, the presence of a third party candidate can upset the results

Why do states like Iowa and New Hampshire hold their primary elections before other states? 

media attention that comes with it

Primaries

when party members choose which candidate will represent that party in the general election 

• Run by state and local governments 

• Secret ballot 

• Can hold “closed”/open primaries 

Caucuses

a meeting in which voters publicly express their preference for a presidential candidate in a series of rounds  

• Private meetings run by political parties 

• County, district, or precinct level 

• Number of voters in each group determines delegates for candidates 

Role of media and public opinion

sway voters or confirm bias

• helps to set the agenda of parties

Judicial Branch consists of

1. Supreme Court

2. Court of Appeals

3. District Courts

Judicial Branch Powers

• judicial review

• judge constitutionality

• interpret laws and settle disputes

Checks between the Executive Branch and Legislative Branch

Executive on Legislative:

• can veto bills

• call special sessions of Congress

Legislative on Executive:

• Senate approves treaties and appointments

• Override veto by 2/3 majority

• Impeach and try President

Checks between the Executive Branch and Judicial Branch

Executive on Judicial:

• appoints justices

Judicial on Executive:

• can declare executive orders unconstitutional

Checks between the Legislative Branch and Judicial Branch

Legislative on Judicial:

• Senate approves appointments to Judicial Branch

Judicial on Legislative:

• can declare laws unconstitutional