U.S./VA Government Final Exam Review

2012

REPUBLIC

• system of government which is an indirect form of democracy and puts political decisions one step away from the people

• From Rome• Representative Democracy

CONFEDERAL

• Prior to the US Constitution, the United States had an alliance of independent states with a degree of national unity as a form of government.

• United under the Articles of Confederation• One of three forms: Unitary, Confederal,

Federal

FEDERALISM

• The form of government where power is divided between a central and regional or state government .

• Unique to US• Based on Constitution-Expressed, implied,

inherent and reserved powers

4 CHARACTERISTICS OF A STATE:

• TERRITORY• SOVEREIGNTY• GOVERNMENT• POPULATION• Approx. 195- Nation-states• Key is sovereignty

THOMAS HOBBES

• The political thinker who felt man was basically evil and needed a repressive form of government to keep people from being at war with one another.

• Social Contract-just a powerful government• Negative view of humankind- at “warre”-need

fear of gov’t to be kept in line

DIVINE RIGHT

• The concept of a “Mandate from Heaven” is the basis for most monarchies as the right to rule designated by God.

• Basis for most autocratic governments, monarchies

SOCIAL CONTRACT

• A government that is formed as a result of people agreeing among themselves to submit to the authority of the state.

• Give up something- get something in return• John Locke** also Rousseau, Hobbes

INDIVIDUAL WORTH

• The notion of “All men are created equal.” • Inherent/unalienable rights• Humanity transcends other factors-wealth,

race, gender, etc.

LIBERTY

• Often used to mean freedom.• TJ- “The Price of liberty is eternal vigilance”• P. Henry- “Give me liberty, or give me death”• “Give me your tired, your poor, Your huddled

masses yearning to breathe free… “

WEAKNESS IN THE ARTICLES

• The inability of the Government to tax was a weakness of the Articles of Confederation.

• Unicameral• No executive • No judicial• 9 of 13 to approve anything, unanimous to

amend.• Successes: NW Land Ordinance, Treaty of Paris

TAXATION w/out REPRESENTATION

• The primary objection of England placing taxes on the colonies was over the fact that the colonist did not have any representation in parliament.

• “Virtual representation”• Ended salutary neglect• Not the taxes themselves- but no

representation

DECLARATION OF INDEPENDENCE

• The major point of the Declaration of Independences that Jefferson addressed was that when a government disregarded the will of the people, they had the right to OVERTHROW their government.

• T. Jefferson author- influenced by John Locke, Thomas Paine, George Mason and others

• Like a divorce paper

CIVIC VIRTUE

• refers to placing the common good over individual selfish interest.

• Basis for limited government- why?• Foundational to a civil society

POWER in the ARTICLES

• Under the Articles of Confederation, most governmental power was held by the STATES.

• No power to regulate interstate trade• No power to tax• Most saw themselves as a “Virginian or New

Yorker”, not a US citizen

JOHN LOCKE• English philosopher who is known for his ideas

on natural rights.• Life, liberty, and property• Two Treatises of Civil Government• Argued for separation of church and state

JAMES MADISON

• The “Father of the Constitution.”• Author of the Federalist Papers• Proposed the Virginia Plan• 4th president

MONTESQUIEU

• French philosopher who is given credit for the concept of separation of powers.

• On the Spirit of Laws• Government should be based on laws and

popular sovereignty

GREAT COMPROMISE**

• Connecticut Compromise: William Patterson• VA PLAN—representation was based on

population (big states favored this idea.• HOUSE OF REPRESENTATIVES

• NJ PLAN—equal representation (small state plan).

• SENATE

3/5ths COMPROMISE

• had to do with determining how slaves would be counted for both taxation and representation.

• Counted for both representation & taxation

ELECTORAL COLLEGE

• the number of electors a state has is equal to their representation in CONGRESS

• the group that actually elects the president.• 538 electors—equal to the number of

members that a state has in Congress.• It takes 270 votes in the college to be elected

president.• All but 2 states have a winner-take-all method• Can win popular vote-lose the elcetion

ANTI-FEDERALISTS

• the Constitution DID NOT protect individual rights.

• Wanted a Bill of Rights• Patrick Henry, George Mason, Samuel Adams

FEDERALIST PAPERS

• written by Hamilton, Jay and Madison; purpose was to argue in defense of ratifying the Constitution.

• Trying to influence New York and Virginia to ratify the Constitution

• Countered arguments that the new government would be too powerful

• 85 Essays- in newspapers

BILL OF RIGHTS

• refers to the first 10 Amendments to the Constitution.

• Protects civil liberties• 10 Amendments• Ratified in 1791

RATIFYING an AMENDMENT

• Proposed either by congress 2/3rds of both houses (26) or by a proposal by a National Convention-called by 2/3rds state legislatures

• The final step in ratifying an amendment is approval of 3/4ths of the State legislatures (26) or by ¾ of states in a special state convention (27)

LEGISLATIVE BRANCH

• Branch of government responsible for passing laws.

• Bicameral• Article I in the Constitution• Senate• House of Representatives

SUPREME COURT

• Has the ultimate authority to determine if a law is constitutional. Judicial Review

• 9 members- Chief Justice, 8 associate Justices• Nominated by President, confirmed by the

Senate• Rule of four• Writ of certorari

JUDICIAL REVIEW

• was established by the Supreme Court case, Marbury v. Madison.

• the power of the judicial branch to check the power of the legislative and executive branches by declaring their acts unconstitutional.

• Key check and balance of Judicial Branch

16th AMENDMENT

• gave the power for the federal government to collect an INCOME TAX.

• Progressive Era• Major source of revenue for the federal

government• Progressive tax- >$>tax %

VETO

• Is the primary check of the executive on the legislative branch

• Congress can override w/ 2/3 supermajority

POPULAR SOVEREIGNTY

• The notion of “We the People.”• Idea that government is created by and

subject to the will of the people.• Ultimate power of government resides with

the people

EXPRESSED POWERS

• A power of the Congress to declare war is an example of an EXPRESED power.

• The duty of the Commander in Chief is an expressed power of the EXECUTIVE.

• Enumerated in the US Constitution-Article I & II

APPROPRIATIONS of MONEY

• All bills that have to do with appropriations of money must originate in the HOUSE OF REPRESENTATIVES.

• Power of the purse

ELASTIC CLAUSE

• Article I, Section 8, Clause 18 • is the basis for most IMPLIED powers• “necessary & proper”• Loose vs. strict construction

SUPREMACY CLAUSE

• Article VI (6) of the US Constitution makes it clear that it is the FEDERAL law that takes precedent over state and local laws.

• All state laws must not violate federal statute

EX POST FACTO LAW

• Article I, Section 9 forbids all levels of government from trying a person for a crime committed before it was made illegal.

• After the fact

FULL FAITH & CREDIT CLAUSE

• Article IV of the US Constitution requires that states must honor the acts and court proceedings of other states.

• Reciprocity between states• Extradition of criminals

CONGRESS

• Members of Congress represent their CONSTITUENTS.

• HOUSE OF REPRESENTATIVES—• 2yr terms• 435 representatives• 7 years of citizenship to be a congressman

• SENATE—• 6yr terms• 100 members• 9 years of citizenship to be a senator• 1/3rd up for re-election each Congressional

CHIEF JUSTICE of the SUPREME COURT

• person who would serve as the judge for an impeachment trial for the president or vice-president.

• Chief Justice John Roberts• John Marshall- early 1800’s perhaps most

influential

HABEAUS COPRUS

• requires the government to present a person in court to inform them of the charges being placed against them.

• “bring the body forward”

12TH AMENDMENT

• ratified to make sure separate votes were cast for the president and vice-president, to avoid the problem which surfaced during the election of 1800.

• Adams v. Jefferson• Tie between Jefferson and Aaron Burr- both

Democratic-Republicans

GERRYMANDERING

• The practice of drawing district boundaries to the political advantage of the party in power.

• Can’t disenfranchise suspect classifications of people: Race, ethnicity

JOHN BOEHNER

• currently the SPEAKER OF THE HOUSE of Representatives.

• SPEAKER OF THE HOUSE—the person who is next in line for the presidency, behind the vice-president

• Leader of the majority party

17TH AMENDMENT

• provided for the direct election of senators.• Progressive era reform• Previously selected by state legislatures

STANDING COMMITTEES

• The permanent committees of the House and Senate.

• Legislators handle their primary responsibilities & work in committees.

• 20 in the House/16 in the Senate

a BILL into a LAW

• Must be passed by both the House and the Senate

• A bill does not be come a law until the PRESIDENT signs it, or 10 day days pass while Congress is in session, without his signature.

GOVERNORS

• has the authority to appoint a new senator, should a seat become vacant.

• Chief Executive for the State• Virginia’s- Robert McDonnell• 4 year terms• Can’t serve Consecutive terms-in Virginia

FILIBUSTER & CLOTURE

• Unlimited debate in the Senate, used to delay taking action on a bill.

• Can be ended by a cloture rule of 60- 60 out of 100 senators must agree to cloture to end senate debate

• Senate has to be dominated by one party

FEDERAL ELECTIONS

• Every TUESDAY after the first MONDAY in the month of NOVEMBER, every EVEN numbered year.

• Presidential Election- November 6, 2012

8TH AMENDMENT

• Forbids CRUEL & UNSUAL PUNISHMENT.• Ongoing debate regarding capital punishment• Furman V. Georgia, Gregg v. Georgia• 38 states allow it- few use it

1ST AMENDMENT FREEDOMS

• Freedom of Speech• Freedom of Religion-Establishment/exercise• Freedom of Press• Right to Assemble• Right to petition the government

10TH AMENDMENT

• Is the basis for reserved powers for the states.• If it’s not in the Constitution it belongs to the

states

14th AMENDMENT

• ratified in 1868 that is the basis for many Supreme Court cases, because it deals with providing protection of civil liberties & due process to all citizens

• Establishes citizenship• Incorporation doctrine

STRICT & LOOSE CONSTRUCTIONISTS

• Those who believe that the US Constitution is open to interpretation and should be interpreted to reflect the current needs of society believe in the LOOSE interpretation, and those who believe in STRICT interpretation of the Constitution feel it should be taken literally.

26th AMENDMENT

• Lowered the voting age to 18• Amendments which extended protections for

voting to different groups (15th, & 19th).

WESBERRY v. SAUNDERS

• Supreme Court Case that requires that voting districts in all states be fairly equal in population.

• One-man-one-vote principal

5th AMENDMENT

• Amendment that covers due process, eminent danger, self-incrimination, and double jeopardy.

IMPLIED POWER

• The power to create a National Bank• Derived from the elastic clause• Also the “commerce clause” Article I, Section

8, clause 3.

CENSUS

• occurs every ten years and is used to help reapportion the seats of the House of Representatives.

• Done by state legislatures- party with majority has control

FEDERALISM

• The Constitutional principle that calls for a division of power between a central government and local government.

PRESIDENCY

• Minimum age to be president it 35.• Power of the Media—to influence people’s

opinions.• 25th Amendment—if the president dies, the

vice-president takes office.• Presidential Succession Act of 1947—after

vice-president the Speaker of the House becomes president.

NATURAL BORN

• Anyone who is an American citizen at birth, either because they were born on American soil, or were born to a parent who is an American citizen.

PRESIDENTIAL Powers

• Executive Order—has the same effect as a law, but does NOT require Congressional approval.

• War Powers Act—a maximum length of time the president can commit troops to military action without Congressional approval is 90 days.

Executive Branch

• The title used for the head of Executive Departments is SECRETARY, and these individuals are members of the president’s CABINET.

• The most significant check the president has on Congress is the power of VETO.

• Prior to the Civil Service Act, most people who got their jobs working for the Federal Government got their jobs through what was called the SPOILS system, which cause the Federal bureaucracy to be inexperienced and ineffective.

PROGRESSIVE TAX

• A tax which results in higher payments from wealthy people than from poor people.

INDEPENDENT REGULATORY AGENCIES

• are responsible for setting and enforcing rules to regulate some aspect of the economy.

• EPA, FCC, SEC, FEDERAL RESERVE, CPA, FTC, NLRB, FAA

MONETARY POLICY• FISCAL Policy involves the spending and taxing

decisions of the President and Congress.• MONETARY Policy involves actions taken by the

FEDERAL RESERVE to control the money supply, in order to stimulate or slow down the economy.

• The Federal Government’s 2011 Fiscal Year runs from Oct. 1, 2010 to SEPT. 30, 2011.

• When the government spends more money than they take in a DEFICIT occurs.

• The Current national debt exceeds 15 trillion dollars.• If the federal government wants to slow down the

economy, the Federal Reserve system can SELL a government bond, which in effects BORROWS money from the buyer and takes money out of the economy.

COURTS

• STATE courts hear the majority of cases in the U.S.

• PRECEDENT—refers to a court’s previous ruling.

• BRIEF—written arguments each side makes in an appeal.

• PLAINTIFF the person who makes a legal complaint.

COURTS

• ARTICLE III—Federal judges are appointed for life.• The main job of a Federal District judge is to

PRESIDE over a trial.• MISDEMEANOR—any crime that is a minor

criminal case.• A GRAND jury is gathered according to the US

Constitution in order to determine whether there is enough evidence to file criminal charges.

• APPEALLANT—anyone who files an appeal.

COURTS

• PROBABLY CAUSE—must be established in order to secure a search warrant.

• EXCLUSIONARY RULE—evidence obtained illegally cannot be used against a person in court.

• BAIL—money that is pledged to guarantee a defendant appears in court.

• CAPITAL PUNISHMEN—another term for the death penalty.

JUSRIDICTION

• ORIGINAL JURISDICTION—refers to the sole right to hear a case.

• EXCLUSIVE JURISDICTON—held by a court that reviews the proceedings of a lower court.

• Concurrent, Appellate

MARBURY v. MADISON

• established the power of JUDICIAL REVIEW

TINKER v. DES MOINES

• protected students’ right of freedom of symbolic speech.

• Vietnam War- Black Arm band• “Students don’t shed their constitutional

rights at the school-house door”

SUPREME COURT

• 9 Justices• Serve for life • When the Supreme Court decides to review a

case at least 4 justices must agree, and then a WRIT OF CERTIORARI is issued to review the decision of a lower court.

• Almost all of the Supreme Court cases are APPEALS from lower courts.

• Hear about 100 cases a year

1ST AMENDMENT

• The ESTABLISHMENT clause of the 1st Amendment forbids the government support of an official religion.

• The FREE EXERCISE clause of the 1st Amendment guarantees the right of each person to hold any religious belief they choose.

FREEDOM OF SPEECH

• SLANDER—is spoken defamatory statement• LIBEL—defamation in print.• TREASON—The crime of making war against

the United States or giving “aid and comfort” to its enemies.

• SYMBOLIC SPEECH—Communication of ideas through symbols and actions.

PRIOR RESTRAINT

• When the government action that seeks to prevent materials from being published.

• Not permitting censorship Allows freedom of debate/unpopular dissent

TEXAS v. JOHNSON

• Supreme Court case ruling that burning an American flag is considered a CONSTITUTIONALLY protected act of free speech.

5th AMENDMENT

• protects a person from DOUBLE jeopardy, or facing trial twice for the same offense once found innocent

Executive Office of President

• White House Office-Chief of Staff• National Security Council• OMB• CEA• Cabinet

Federal Bureaucracy

• Top Administrators appointed• Civil service-meritocracy• 100’s of agencies• Civilian employees of the Government

Spoils System

• Jackson- friends and supporters• Bureaucracy inefficient• Replaced after Garfield’s Assassination

Fiscal Policy

• Government spending & taxing• Stimulates or slows down the economy• Federal Budget

Roe v. Wade

• Abortion Law• Trimesters- legalized abortion• Still controversial• Life at conception movement

Dillon's Rule

• Virginia Law• Local Governments have only the powers

granted by the state• If the state hasn’t approved it- Local

government doesn’t have it.