Civics Unit 4 Study Guide

Federalism

division of power between federal and state governments

Expressed (Enumerated) Powers

powers directly stated in the Constitution (e.g. declaring war, taxing, etc)

Implied Powers

powers not written by allowed via the Necessary and Proper Clause (e.g. creating a national bank)

Necessary and Proper Clause

grants Congress the power to make all laws "necessary and proper" for carrying out its enumerated powers

Devolution

transfer of federal powers to the states

Interstate Commerce

trade between states

Intrastate Commerce

trade within a single state

Unfunded Mandates

federal requirements without funding

Bicameral Legislature

two houses (Senate and House of Representatives)

Describe the Senate

100 members; 2 per state

Describe the House of Representatives

435 members; based on US Census (apportionment)

Describe the Legislative Process

1. Bill is introduced

2. Bill is sent to a standing committee

3. Bill is debated and voted on

4. Bill is sent to the other chamber

5. Bill is sent to a conference committee is versions differ

6. Bill is sent to the President to sign or veto

Apportionment

distribution of House seats based on population

Redistricting

redrawing district lines after a census every 10 years

Gerry mandering

redistricting to favor a party

What to Lobbying and Special Interest Groups do?

attempt to influence lawmakers

Filibuster

senate tactic to delay a vote

Cloture

vote to end a filibuster (60 votes)

Pork

government spending for localized projects

Casework

help provided by lawmakers to constituents

Role of Chief Executive

enforces laws

Role of Chief Legislator

recommends legislation

Role of Chief Diplomat

manages foreign relations

Role of Commander-in-Chief

military leadership

Role of Chief of State

symbol of the nation

Role of Chief Citizen

moral leadership

Role of Chief of Party

leads political party

Powers of President

veto/pocket veto and executive orders

Functions of Cabinet

advisors and heads of departments

Functions of Bureaucracy

agencies implementing laws

Functions of treaties

require senate approval

Functions of Impeachment

starts in the House, trial happens in the Senate

Foreign Policy Tools

diplomacy, sanctions, embargo, military aid, economic aid, and humanitarian aid

Qualifications for President

• 35 years old

• Natural-born citizen

• 14 years of US residency

Judicial Review

the power of courts to examine the actions of the legislative, executive, and administrative branches of government and determine if those actions are consistent with a higher authority; established by Marbury v. Madison; 

Marbury v. Madison

established the principle of judicial review, giving the Supreme Court the power to declare laws and acts of Congress or the President unconstitutional

Jurisdiction

authority to hear a case

Appointment

president nominates, Senate confirms

Criminal Law

crimes against society

Civil Law

disputes between individuals

Burden of Proof

“beyond a reasonable doubt” (criminal") vs “preponderance of evidence” (civil)

Writ of Certiorari

request for Supreme Court review

Majority Opinion

decision of the court

Dissenting Opinion

disagreeing opinion

Concurring Opinion

agrees with the result, not reasoning

Judicial Activism

court making bold policy decisions

Judicial Restraint

court avoid overturning laws

Restitution

repayment to victims

incarceration

jail/prison