US CONSTITUTION AND GOVERNMENT COMPREHENSIVE EXAM Set With Correct Answers 2023

US CONSTITUTION AND GOVERNMENT COMPREHENSIVE EXAM Set With Correct Answers 2023 U.S. Court of Appeals *** Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review. Appellate jurisdiction *** The authority of a court to hear cases that have been tried, decided, or reexamined in other courts. Dissent *** The disagreement of a judge with a majority decision. Precedent *** A judicial ruling that serves as the basis for the ruling in a subsequent case. Judgment *** The judicial decision in a court case. Miranda warnings *** Statements concerning rights that police are required to make to a person before he or she is subjected to in-custody questioning. Strict scrutiny *** A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a "compelling governmental interest," must be narrowly tailored, and must be the least restrictive means for achieving that interest. Free-expression clauses *** The press and speech clauses of the First Amendment. Public figures *** People who assume roles of prominence in society or thrust themselves to the forefront of public controversy. Ex post facto laws *** Laws that declare an action to be criminal after it has been performed. Good faith exception *** An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper. Free-exercise clause *** The second clause in the First Amendment, which prevents the government from interfering with the exercise of religion. Clear and present danger test *** A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected. Prior restraint *** Censorship before publication. Fighting words *** Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace. Establishment clause *** The first clause in the First Amendment, which forbids government establishment of religion. Exclusionary rule *** The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial. Black codes *** Legislation enacted by former slave states to restrict the freedom of blacks. Protectionism *** The notion that women must be protected from life's cruelties; until the 1970s, the basis for laws affecting women's civil rights. Equality of opportunity *** The idea that each person is guaranteed the same chance to succeed in life. Sexism *** Invidious sex discrimination. Separate-but-equal doctrine *** The concept that providing separate but equivalent facilities for blacks and whites satisfies the equal protection clause of the Fourteenth Amendment. Invidious discrimination *** Discrimination against persons or groups that works to their harm and is based on animosity. Affirmative action *** Any of a wide range of programs, from special recruitment efforts to numerical quotas, aimed at expanding opportunities for women and minority groups. Equal rights amendment (ERA) *** A failed constitutional amendment introduced by the National Women's Party in 1923, declaring that "equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex." Racism *** A belief that human races have distinct characteristics such that one's own race is superior to, and has a right to rule, others. Desegregation *** The ending of authorized segregation, or separation by race. boycott *** A refusal to do business with a firm, individual, or nation as an expression of disapproval or as a means of coercion. Civil disobedience *** The willful but nonviolent breach of laws that are regarded as unjust. Poll tax *** A tax of $1 or $2 on every citizen who wished to vote, first instituted in Georgia in 1877. Although it was no burden on most white citizens, it effectively disenfranchised blacks. Racial segregation *** Separation from society because of race. Define sovereignty and explain how it is threatened in our globalized world. *** Sovereignty is the authority of a state to govern itself or another state; supreme power or authority (sovereign: a single ruler); a self-governing state. National Sovereignty means that each national government has the right to govern its people as it wishes, without interference from other nations. National sovereignty is threatened under globalization as global forces generate pressures for international law (if the majority of nations thinks a country is being ruled unethically or crimes on its citizens are happening, world sanctions can be ordered). Explain the fundamental values of American democracy. How are these values depicted in the two dilemmas of government? *** Freedom, order, and equality. Freedom vs order: Sometimes order is needed to have freedoms (USSR, Germany). Freedom vs. equality: Sometimes equality is a problem and hurts freedom (equal pay, school busing). Explain how equality of opportunity, equality of outcome, and political equality differ. Provide examples. *** Equality of opportunity is the idea that each person is guaranteed the same chance to succeed in life (all Americans should have a chance to attain a college degree without the hindrance of racial discrimination, all whites should have a chance to attain a college degree without the hindrance of gender discrimination, all Americans should have a chance to attain literacy without the hindrance of any obstacle other than severe disability precluding the attainment of literacy). Equality of outcome is the concept that society must ensure that people are equal; governments must design policies to redistribute wealth and status so that economic and social equality is achieved (same outcome for work. Equal pay, healthcare; taking money from the wealthy and giving it to the poor (welfare)). Political equality is equality in political decision making: one vote per person, with all votes counted equally (have a voice, vote, run for office). Identify and describe the major purposes of government. Which are most controversial and why? *** The major purposes of government are to: Maintain order (preserve life and protect property), provide public goods (benefits like education, sanitation, and parks that are not likely to be voluntarily produced by individuals), and to promote equality (welfare programs). Providing public goods can be controversial in that people disagree about how far the government should use its power to tax to provide those public goods/services and how much of that should be handled by private businesses for profit. Promoting equality is most controversial due to opposition of taxation for government programs to promote economic and social equality on principle (redistributing income; taking from the wealthy to give to the poor). Libertarianism *** A political ideology that is opposed to all government action except as necessary to protect life and property. Economic theory: Laissez Faire (an economic doctrine that opposes any form of government intervention in business). Political Label: Libertarian. Values freedom over law/order and equality. Opposes affirmative action, public housing, censorship, mandatory AIDS testing. Liberalism *** The belief that states should leave individuals free to follow their individual pursuits. Economic theory: Capitalism (the system of government that favors free enterprise (privately owned businesses operating without government regulation)) and Socialism (a form of rule in which the central government plays a strong role in regulating existing private industry and directing the economy, although it does allow some private ownership of productive capacity). Political Label: Conservative-Republicans, Communitarians and Liberals-Democrats. Values equality over freedom and order. Favors affirmative action, public housing. Opposes censorship, mandatory AIDS testing. Liberals *** Those who are willing to use government to promote equality but not order. Anarchism *** A political philosophy that opposes government in any form (0 % gov., total freedom, law of the jungle). Economic theory: Laissez Faire (an economic doctrine that opposes any form of government intervention in business). Totalitarianism *** A political philosophy that advocates unlimited power for the government to enable it to control all sectors of society (100% gov., wants nothing but law and order. Economic theory: Communism (a political system in which ownership of all land and productive facilities is in the hands of the people (to the government), and all goods are equally shared. The production and distribution of goods are controlled by an authoritarian government). Conservative *** Values both freedom and law/order over equality. Opposes affirmative action, public housing. Favors censorship, mandatory AIDS testing. Communitarian *** Values law/order and equality over freedom. Favors affirmative action, public housing, censorship, mandatory AIDS testing. Define 'Direct Democracy' and identify the various types. *** A form of democracy in which people decide (vote on, form consensus on) policy initiatives directly. Small towns, clubs, teams, neighborhood councils, etc. Define and describe 'Indirect Democracy" or Representative Democracy. *** A system in which citizens participate in government by electing public officials to make decisions on their behalf. Our government, Representative, Republic system. Define Majoritarian democracy (Majoritarianism) and describe its basic concepts. *** Majority rules. Everyone is equal to vote and have the chance to vote. Know what you are voting for, be consistent and vote to have your voice heard. Define Pluralist democracy (Pluralism) and describe its basic concepts. *** An interpretation of democracy in which government by the people is taken to mean government by people operating through competing interest groups. Interest groups vote for the laws, issues, and what should be done. Majority is silent, the interest groups vote, government should listen to only them. Explain how Elite Theory differs from the Majoritarian and Pluralist models. *** The Elite Theory is the theory that a small group of people (as opposed to the majority or an interest group) actually makes most of the important government decisions. Explain Thomas Jefferson's ideas on unalienable rights and the Social Contract Theory as found in the Declaration of Independence. *** His ideas on unalienable rights were rooted in the writings of philosopher John Locke; that people have God-given, or natural, rights that are inalienable-that is, they cannot be taken away by any government. According to Locke, all legitimate political authority exists to preserve these natural rights and is based on the consent of those who are governed. That consent is derived from the social contract theory which states that the people agree to establish rulers for certain purposes, but they have the right to resist or remove rulers who violate those purposes. Describe the relationship between the right to vote, popular sovereignty, and Republicanism (or a republic). *** Everyone has a right to vote to show popular sovereignty and guarantee the republic is not ruled by one person or group. Discuss the political and economic weaknesses in the Articles of Confederation. *** No tax power, no leadership, no regulated trade, amendments had to have a unanimous vote. Explain how trade wars and events like Shay's rebellion expose some of these weaknesses. *** They showed that the government had no power to raise money or to protect the new country. Discuss how the failure of the Articles of Confederation may be seen as giving rise to the U.S. Constitution. *** It showed the government needed powers to raise money, make trade laws, raise a national army, and to give states power as well. The Virginia Plan *** Legislature: two chambers. Legislative power: derived from the people. Executive: Unspecified. Decision rule: majority. State laws: Legislature can override. Executive removal: by Congress. Courts: national judiciary. Ratification: by the people. The New Jersey Plan *** Legislature: one chamber. Legislative power: derived from the states. Executive: more than one person. Decision rule: extraordinary majority. State laws: national law is supreme. Executive removal: by a majority of the states. Courts: no provision for national judiciary. Ratification: by the states. Explain how those differences resolved in the Great Compromise and the following. *** A committee was created to resolve the deadlock that consisted of one delegate from each state, chosen by secret ballot. The Great Compromise was a plan submitted by the Connecticut delegation to the Constitutional Convention of 1787 calling for a bicameral (having 2 branches/chambers) legislature in which the House of Representatives would be apportioned according to population and the states would be represented equally in the Senate. The Great Compromise *** Revenue raising to start in the House, the House is dependent on state population and the Senate is comprised of two senators from each state. The President and Vice-President are elected by the electoral college. Identify and discuss the four elements that form the foundation of the American political tradition in the Preamble of U.S. Constitution. *** 1. Creates a people: "We the People of the United States..." 2. Explains the reason: "In order to form a more perfect Union..." 3. Articulates goals: "[to] establish Justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity..." 4. Fashions a government: "do ordain and establish this Constitution for the United States of America..." Identify and describe the four basic principles of the U. S. Constitution and in which Articles/sections and Amendments are they located. *** -Republicanism Article 1, section 8. Form of government in which power resides in the people and is exercised by their elected representatives. -Separation of Powers The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government (legislative, executive, judicial). -Federalism The division of power between a central government and regional governments. -Checks & Balances A government structure that gives each branch some scrutiny of and control over the other branches. Explain how checks and balances work. *** Each branch cannot have complete control or make itself more powerful than another. The Legislature can: *** LEGISLATIVE POWERS: Make laws. EXECUTIVE POWERS: Confirm executive appointments (Senate), Override executive veto, Reject foreign treaties. JUDICIAL POWERS: Impeach, Create or eliminate courts. The Executive can: *** LEGISLATIVE POWERS: Veto legislation, recommend legislation. EXECUTIVE POWERS: Enforce laws. JUDICIAL POWERS: Grant pardons, Nominate judges. The Judiciary can: *** LEGISLATIVE POWERS: Review legislative acts. EXECUTIVE POWERS: Review executive acts, Issue injunctions. JUDICIAL POWERS: Interpret laws. Discuss specifically, what three powers are being separated in the principle of 'separation of powers'. *** Law-makers, enforcers, and judges. Article I of the U.S. Constitution *** Legislative. Grants substantial but limited legislative power to Congress. Defines the bicameral character of Congress and describes the internal operating procedures of the House of Representatives and the Senate. Section 8 articulates enumerated powers: the powers explicitly granted to Congress by the Constitution. The last clause in section 8 is the necessary and proper clause (elastic clause): gives Congress the means to execute its enumerated powers and is the basis for Congress's implied powers (powers that Congress needs to execute its enumerated powers). Article II of the U.S. Constitution *** Executive. Grants power to a president and establishes the president's term of office, the procedure for electing the president by means of electors, the qualifications for becoming president, and the president's duties and powers (acting as commander in chief of the military, making treaties, and appointing government officers, diplomats, and judges). Article III of the U.S. Constitution *** Judicial. Purposely vague to allow Congress to create a system of federal courts, separate from the state courts. Established the Supreme Court as the highest court in the land. Federal judges serve for life (unless impeached) and salaries cannot be reduced while in office. Congress has the power to create (and eliminate) lower federal courts and restrict the power of those federal courts to decide cases. Does not explicitly give the courts the power of judicial review (the power to declare congressional (and presidential) acts invalid because they violate the Constitution), but that power is inferred. Article IV of the U.S. Constitution *** Requires that the judicial acts and criminal warrants of each state be honored in all other states and forbids discrimination against citizens of one state by another state. Article V of the U.S. Constitution *** Allows the addition of new states and stipulates that the national government will protect the states against foreign invasion and domestic violence. Article VI of the U.S. Constitution *** Supremacy clause: Asserts that national laws take precedence over state and local laws when they conflict. Article VII of the U.S. Constitution *** Describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect. Define and explain the 'Necessary and Proper Clause' (or 'Elastic Clause') in Article I of the Constitution. *** Gives Congress the means to execute its enumerated powers and is the basis for Congress's implied powers (powers that Congress needs to execute its enumerated powers). Discuss how it allows "implied powers"? *** It gives Congress the power to do its job. Explain the main arguments between the Federalists and Anti-Federalists during the ratification of the U.S. Constitution. *** The main argument was in regards to the powers of the government. Federalists favored a strong national government and antifederalists wanted to protect the states from the tyranny of a strong national government. Identify and describe the core arguments in the Federalist Papers #10 *** Federalist #10 Argued that the proposed constitution was designed "to break and control the violence of faction." (faction: a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." Through the mechanism of representation the Constitution would prevent a "tyranny of the majority" (mob rule). The people would control the government indirectly through their elected representatives. The federal system would require that majorities first form within each state and then organize at the national level. This and the vastness of the country would make it unlikely that a majority would form that would "invade the rights of other citizens." The purpose of #10 was to demonstrate that the proposed government was not likely to be dominated by any faction. Identify and describe the core arguments in the Federalist Papers #51 *** Federalist #51 Asserted that "ambition must be made to counteract ambition." Argued that the separation of powers and check and balances would control efforts at tyranny from any source. If power is distributed equally among the three branches, each branch would have the capacity to counteract the others, "usurpations are guarded against by a division of the government into distinct and separate departments." "Compound Republic": Legislative authority is divided between the Senate and the House of Representatives and additional protection arises from federalism which divides power "between two distinct governments"-national and state-and subdivides "the portion allotted to each...among distinct and separate departments." Discuss what persuaded the Anti-Federalists to drop their opposition to the U.S. Constitution. *** The Bill of Rights (1st ten amendments) Discuss the role George Washington played in resolving the Federalist/Anti-Federalist opposition. *** Suggested including the Bill of Rights Explain how the U.S. Constitution was ratified. *** Officially took effect upon its ratification by the ninth state, New Hampshire on June 21, 1788 but the success was not ensured until July 1788 when the Constitution had been ratified by the key states of Virginia and New York. Explain the Formal Amendment Process. *** Proposal: Amendments can be proposed by a 2/3 vote in both the House of Representatives and the Senate or by a national convention, summoned by Congress at the request of 2/3 of the state legislatures. Ratification: A proposed amendment can be ratified by a vote of the legislatures of ¾ of the states or by a vote of constitutional conventions held in ¾ of the states Congress chooses the method of ratification. Congress may set a time limit for the ratification of a proposed amendment. Congress has set 7 years as the limit for ratification, beginning with the 18th amendment (but not the 19th). Amendment 1 *** Freedom of religion, expression, speech, the press, and to assemble. No government abridgment of speech or press; no government abridgment of peaceable assembly; no government abridgment of petitioning government for redress. No government establishment of religion; no government prohibition of free religious exercise. Amendment 2 *** The right to bear arms. Amendment 3 *** The housing of soldiers. Owner's consent necessary to quarter troops in private homes in peacetime; quartering during war must be lawful. Amendment 4 *** Protection from unreasonable searches/seizures. Government cannot engage in unreasonable searches and seizures; warrants to search and seize require probable cause. Amendment 5 *** Protection of rights to life, liberty, and property. No compulsion to testify against oneself in criminal cases. Serious crimes require a grand jury indictment; no repeated prosecution for the same offense; no loss of life, liberty, or property without due process; no taking of property for public use without just compensation. Amendment 6 *** Rights of accused persons in criminal cases. Criminal defendants will have a speedy public trial by impartial local jury; defendants are informed of accusation; defendants may confront witnesses against them; defendants may use judicial process to obtain favorable witnesses; defendants may have legal assistance for their defense. Amendment 7 *** Rights in civil cases. Civil lawsuits can be tried by juries if controversy exceeds $20; in jury trials, fact finding is a jury function. Amendment 8 *** Excessive bail, fines, and punishments forbidden. No excessive bail; no excessive fines; no cruel and unusual punishment. Amendment 9 *** Other rights kept by the people. No government trespass on unspecified fundamental rights. Amendment 10 *** Undelegated powers kept by the states and the people. The states or the people retain all powers not delegated to the national government or denied to the states. The Supremacy Clause *** Article VI, Paragraph II: Asserts that national laws take precedence over state and local laws when they conflict. Full Faith and Credit Clause *** Article IV, Section 1: States must recognize legislative acts, public records, and judicial decisions of the other states within the US. Interstate Commerce Clause *** Article I, Section 8: States that Congress shall have power to regulate commerce among the states, with Indian tribes, and within foreign nations. Privileges and Immunities Clause *** Article IV, Section II: States that all citizens of each state are entitled to all privileges and immunities of citizens in all other states. Restrains state efforts to discriminate against out-of-state citizens. Enumerated Powers *** Article I, Section 8: The powers explicitly granted to Congress by the Constitution. Congress can collect taxes, borrow on the credit of the US, etc. Federal (and concurrent) government has this power. Implied Powers (Necessary and Proper or Elastic Clause) *** Article I, Section 8: The powers that Congress needs to execute its enumerated powers.The Bank is an example-creation was necessary to carry out the Congress' power to collect taxes. Federal government has this power. Reserved Powers *** 10th Amendment: Powers which are not enumerated such as freedom of speech and religion. State government has this power. Explain how the 'Supremacy Clause,' 'Enumerated Powers,' 'Reserved Powers,' and the 'Full Faith and Credit Clause' establish Federalism. *** They outline the roles, powers, and limitations of the federal government and state governments. Dual Federalism *** A view holding that the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiated. State and national governments have very distinct and separate responsibilities and powers. Cooperative Federalism *** A view holding that the Constitution is an agreement among people who are citizens of both state and nation, so there is much overlap between state powers and national powers. The lines are blurred and state and national governments work together. Discuss what kinds of events and forces have played a role in expanding the power of the Federal Government relative to the States. *** Ratification of the Constitution in 1789, Electoral College for the selection of presidents, the Civil War, the Interstate Commerce Commission in 1887, the Food and Drug Administration in 1906, the Federal Reserve in 1913, the Federal Trade Commission in 1914. Explain how the decision in the Supreme Court case McCullough v. Maryland illustrated the powers associated with the 'Necessary and Proper' Clause (or Elastic Clause). *** The decision that while the Constitution did not explicitly give permission to create a federal bank, it conferred upon Congress an implied power to do so under the Elastic Clause so that Congress could realize or fulfill its express taxing and spending powers and reaffirmed the view that legislation reasonably related to express powers was constitutional. Explain how the Federal Government uses grants-in-aid to force the policy choices of state and local governments. *** Congress gave land to the states for colleges in 1862. Explain how the Federal Government uses mandates to force the policy choices of state and local governments. *** The Americans with Disabilities Act is an order requiring states to provide a service/activity in a way that meets standards set by Congress but states are required to pay for the mandates, not the federal government. Explain how the Federal Government uses preemption to force the policy choices of state and local governments. *** Preemption laws give the Federal government the ability to take over a state government function such as the National Labeling & Education Act which established national food labeling standards and meant that states could no longer set their own requirements. Coercive Federalism. *** A view holding that the national government may impose its policy preferences on the states through regulations in the form of mandates and restraints. County government *** Led by elected officials called Supervisors or Commissioners, they are usually largest political subdivisions, primary function is to administer state laws within their borders such as keep the peace, maintain jails, collect taxes, build/repair roads/bridges, record deeds/marriages/deaths. Townships *** May be a subdivision of a county or simply be another name for a town or city. Do not exist in about half the states and have different responsibilities. Special Districts *** Units that have special functions such as the local school district. Municipalities *** Led by elected mayors or appointed city managers, they the city, town, or borough that get their authority to rule only as granted by the state. About 80% of Americans live in municipalities which affect the lives of many citizens. Conventional participation *** Relatively routine behavior that uses the established institutions of representative government (campaigning and voting). Unconventional participation *** Relatively uncommon behavior that challenges or defies established institutions or the dominate culture (boycotts, marches, demonstrations, rallies). Identify and describe the major constitutional amendments that expanded the rights of suffrage in the United States. *** The 15th Amendment prohibited states from denying the right to vote "on account of race, color, or previous condition of servitude." The 19th Amendment passed in 1919, prohibited states from denying the right to vote "on account of sex." The amendment was ratified in 1920. The 26th Amendment passed in 1971, lowered the voting age to 18. Describe how the expansion of suffrage in the U.S compared with other nations. *** The US has had a good record of providing political equality in voting rights compared to other nations. Describe how voter turnout in the United States compares to other countries. *** The US ranks at the bottom of 16 European countries in voter turnout in national elections. Explain what is meant by the "standard socioeconomic model" (SES) for explaining political participation. *** People with more education, higher incomes, and white-collar or professional jobs tend to be more aware of the effect of politics on their lives and so are more likely to participate in politics than people of lower socioeconomic status. Unconventional political behavior is also related, those to protest against US government policies tend to be better educated. Protesters also tend to be younger. Older Americans are more likely to vote, identify with the major political parties, and contact public officials. And married men and women are more likely to vote than single persons. Given the high level of education in the United States explain whether or not the actual voting turnout aligns to what the standard socio economic model would predict. *** The actual voting turnout does not align to what the standard socio economic model predicts. The overall rate of voter turnout has trended downward despite the increasing percentage of educated adult citizens. Identify and describe the formal powers explicitly granted to the President in Article II of the U.S. Constitution. *** Serve as administrative head of the nation: supervise and offer leadership to various departments, agencies, and programs created by Congress. Act as commander in chief of the military: Highest-ranking officer in the armed forces. Veto legislation: Congress can override with a 2/3 vote in each house. Appoint various officials: authority to appoint federal court judges, ambassadors, cabinet members, other key policy makers, and many lesser officials (many subject to Senate confirmation). Make treaties: With the "Advice and Consent" of at least 2/3 of the senators voting at the time and is also to "receive Ambassadors". Describe how Congress (both chambers together) and the Senate act as a check and a balance against the power of the President. *** Congress can give the executive branch more responsibility to administer programs, flexibility and great freedom in how or when to implement policies but can also enact legislation to reassert congressional authority. Define and explain historical examples of Executive Orders and Executive Privilege. *** President Eisenhower issued an executive order to the Arkansas National Guard to enforce court orders to desegregate the schools. President Harry Truman issued an executive order to end racial segregation in the armed services. President Bush invoked his executive privilege to authorize the NSA to wiretap telephone calls between people of the US and people overseas without a warrant. Who are in the President's Cabinet and the Executive Office of the President? *** The President's Cabinet consists of the heads of the major departments of the national government. The Executive Office of the President consists of the President's top aides (chief of staff, a national security advisor, the Council of Economic Advisers and the National Economic Council, senior domestic policy advisers) and various large staffs. Identify and describe the powers of the Vice-President. *** To take over the presidency in the event of presidential death, disability, impeachment, or resignation. To carry out political chores (campaigning, fundraising, and "stroking" the party faithful. Explain the President's role as Chief Executive *** The boss of government workers in the executive branch and decides how to enforce laws. Explain the President's role as Head of State *** Is a living symbol of the nation. Award medals to college scholarship winners, congratulate astronauts, to greet visitors to the White House, making patriotic speeches. Explain the President's role as World Leader *** Diplomat and crisis manager. To try to further the country's best interest in its relations with allies, adversaries, and the developing countries of the world. Explain the President's role as Legislative *** Has the power to influence Congress in its lawmaking. Sign bills or veto bills. Explain the President's role as Political Party Leader *** Informal, no prescribed tasks. Helps members of his political party get elected or appointed to office. Choose leading party members to serve in Cabinet. Explain the President's role as Commander in Chief Head of US armed forces. *** Decides where troops to be stationed and how weapons shall be used. Identify which Article in the U.S. Constitution created a Supreme Court and delegated the power for creating the rest of the national court system to Congress. *** Article III, section 1 Explain the power of Judicial Review. *** The power to declare congressional acts invalid if they violate the Constitution. Came from the case/decision of Marbury v. Madison. How might Judicial Review give the SCOTUS power over the other Branches? *** Chief Justice Marshall's opinion in Marbury v. Maddison expanded the potential power of the Supreme Court to equal or exceed the power of the other branches of government. Should a congressional or presidential act conflict with the Constitution, the Supreme Court claimed the power to declare the act void. The judiciary would be a check on the legislative and executive branches. Compare the structure of the federal judicial system to state governments' judicial systems. *** Federal courts have three tiers: district courts, courts of appeals, and the Supreme Court. The Supreme Court was created by the Constitution and all other federal courts were created by Congress. The structure of state courts varies from state to state but usually there are minor trial courts for less serious cases, major trial courts for more serious cases, intermediate appellate courts, and supreme courts. State courts were created by state constitutions. Original Jurisdiction (Article III, section 2) *** The authority of a court to hear a case before any other court does. Appellate Jurisdiction *** The authority of a court to hear cases that have been tried, decided, or reexamined in other courts List the steps in the Decision-making Process of SCOTUS. *** Review appeals, grant appeals, brief the case, holding the oral argument, meeting in conference, explaining the decision, writing the opinion, and releasing the opinion. Explain the importance of precedent or stare decisis in judicial decisions. *** These are the public policies that judges make that influence decisions in other courts and are central to the operation of our legal system providing continuity and predictability. Judicial Activism *** The concept of judicial activism maintains that judges should not give deference to the elected branches but should use their judicial power to promote the judges preferred social and political goals. Judicial Restraint *** The concept of judicial restraint maintains that the people's elected representatives, not judges, should make the laws. Under judicial restraint, judges defer to decisions of other governmental actors. Describe the Supreme Court's nomination process. Or how is a new Supreme Court Justice seated onto the SCOTUS? *** The President nominates and the Senate votes to confirm. Civil Liberties *** Freedoms that are guaranteed to the individual (negative rights). Amendments 1, 2, 3, 5, 7, 9 Civil Rights *** Powers and privileges that are guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals (positive rights). Amendments 4, 6, 8 Positive Rights *** Civil Rights: Declare what the government must do or provide (the right to a speedy and public trial and the right to an attorney). Negative Rights *** Civil Liberties: Take the form of restraints on government, they declare what the government cannot do (freedom of speech, press, religion, etc.). Lemon v. Kurtzman (Lemon Test) *** Three-pronged test for determining the constitutionality of government programs and laws under the establishment clause: They must have a secular purpose (such as lending books to parochial school students), Their primary effect must not be to advance or inhibit religion, and They must not entangle the government excessively with religion. Sherbert v. Verner (Strict Scrutiny or Sherbert Test) *** A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a "compelling governmental interest," must be narrowly tailored, and must be the least restrictive means for achieving that interest. Tinker v Des Moines *** Undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. (public school students were allowed to wear prohibited black armbands to school to protest the Vietnam War because the principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline. Symbolic Speech *** Nonverbal communication protected under the constitution Citizens United v. Federal Election Commission *** Unlimited political campaign spending. Corporations and labor unions may spend freely but transparently to advocate the election or defeat of political candidates. District of Columbia v. Heller *** Court ruling that there is a personal constitutional right to keep a loaded handgun at home for self-defense, overturning the ban of private possession of handguns and required the disassembly or use of trigger locks on rifles and shotguns. McDonald v. Chicago *** An individual's right to bear arms is fundamental and cannot be prohibited by state or local government. Mapp v. Ohio *** Exclusionary rule: All evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Miranda v. Arizona *** All governments (national, state, and local) have a duty to inform suspects of the full measure of their constitutional rights; You have the right to remain silent, anything you say can be used against you in court, you have the right to talk to a lawyer of your own choice before questioning, if you cannot afford to hire a lawyer, a lawyer will be provided without charge. Explain how 'due process' in the 14th Amendment is applied to State laws and Civil Rights. *** It requires the government to adhere to appropriate procedures and it forbids unreasonable government action. Explain the USA Patriot Act and how it impacts civil liberties. *** Law that greatly expanded the ability of law enforcement and intelligence agencies to tap phones, monitor Internet traffic, and conduct other forms of surveillance in pursuit of terrorists. These powers could be used against American citizens who are not under criminal investigation. Define and describe the 'right to privacy'. *** The right to make certain intimate, personal choices protected by the Constitution. Explain how the 'right to privacy' was created out of the Bill of Rights. *** The 9th Amendment protects fundamental rights derived from those specifically enumerated in the first eight amendments, and is applicable to the states by the due process clause of the 14th Amendment. Griswold v Connecticut *** Court struck down a state statute that made the use of birth control devices a crime and established the principle that the Bill of Rights as a whole creates a right to make certain, intimate, personal choices Roe v. Wade *** Court declared a Texas law that made it a crime to obtain an abortion (except for the purpose of saving the woman's life) unconstitutional based on the right to privacy protected by the due process clause of the 14th Amendment and declared that state abortion laws were unreasonable and unconstitutional. Lawrence v. Texas *** Challenge to a Texas law that criminalized homosexual but not heterosexual sodomy. The Court observed that "liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex" and declared the law void since it intruded into the intimate personal choices of individuals. The Court also declared that the Bowers V. Hardwick decision (that the Constitution does not protect homosexual relationships between consenting adults, even in the privacy of their own homes) should be overruled. Dred Scott v. Sanford *** Landmark decision by the U.S. Supreme Court that held that a "negro, whose ancestors were imported into [the U.S.], and sold as slaves," whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court Plessy v. Ferguson *** Upheld state-imposed racial segregation based on the separate but equal doctrine. Brown v. Board of Education *** Court declared state laws establishing separate public schools for black and white students to be unconstitutional University of California v Bakke *** ruled unconstitutional a university's use of racial "quotas" in its admissions process Explain the major ideas of the 14th Amendment *** Granted citizenship to all persons born or naturalized in the United States, which included freed slaves. Also forbids states from denying any person life, liberty or property, without due process of law or to deny to any person within its jurisdiction the equal protection of the laws De Facto Segregation *** Racial segregation that is not the result of government action (residential patterns). De Jure Segregation *** Government-imposed segregation. Rosa Parks *** Black woman who refused to give up her seat in the front of a bus when the driver asked her to. She was arrested, fined $10 for violating city ordinance. Martin Luther King, Jr. *** Baptist minister in Montgomery, AL. organized the Southern Christian Leadership Conference to coordinate civil rights activities. Advocated civil disobedience, the willful but nonviolent breach of unjust laws including a sit-in on 02/01/1960 at a whites-only lunch counter. Civil Rights Act of 1964 *** outlaws discrimination based on race, color, religion, sex, or national origin Voting Rights Act of 1965 *** Empowered the attorney general to send voter registration supervisors to areas in which fewer than half the eligible minority voters had been registered. 24th Amendment *** Banned poll taxes in primary and general elections for national office. Explain how women gained their civil rights, as well as current Women's Rights issues. *** Protests, sit-ins, ballots and lawsuits have brought victory to women in civil rights issues. Political battles to amend the Constitution, gaining the right to vote. Current issues include wage gaps, employment advancement, societal "roles", 19th Amendment *** 1920; gave women the right to vote. Equal Rights Amendment *** 1923; Failed amendment that guaranteed equal rights for women and men Lilly Ledbetter Fair Pay Act *** restoring the protection against pay discrimination that was stripped away by the Supreme Court's decision in Ledbetter v. Goodyear Democratic socialism *** guarantees civil liberties such as freedom of speech and religion. Citizens determine the extent of government activity through free elections and competitive political parties. Communism *** ownership of all land and productive facilities is in the hands of the people, and all goods are equally shared. The production and distribution of goods are controlled by an authoritarian government. Laissez faire *** An economic doctrine that opposes any form of government intervention in business. Social equality *** Equality in wealth, education, and status. Police power *** to maintain order and safeguard citizens' health, morals, safety, and welfare. Rights *** The benefits of government to which every citizen is entitled. Public goods *** Benefits and services, such as parks and sanitation, which benefit all citizens but are not likely to be produced voluntarily by individuals. Socialism *** central government plays a strong role in regulating existing private industry and directing the economy, allows some private ownership of productive capacity. Capitalism *** The system of government that favors free enterprise Globalization *** The process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. Conservatives *** Those who are willing to use government to promote order but not equality. Order *** The rule of law to preserve life and protect property. Communitarians *** Those who are willing to use government to promote both order and equality. Democracy *** the people rule, either directly or indirectly. Responsiveness *** which implies that elected representatives should do what the majority of people want. Substantive democratic theory *** The view that democracy is embodied in the substance of government policies rather than in the policymaking procedure. Democratization *** A process of transition as a country attempts to move from an authoritarian form of government to a democratic one. Universal participation *** The concept that everyone in a democracy should participate in governmental decision making. Interest group *** An organized group of individuals that seeks to influence public policy; also called a lobby. Minority rights *** The benefits of government that cannot be denied to any citizen by majority decisions. Autocracy *** A system of government in which the power to govern is concentrated in the hands of one individual. Procedural democratic theory *** A view of democracy as being embodied in a decision-making process that involves universal participation, political equality, majority rule, and responsiveness. Participatory democracy *** A system of government where rank-and-file citizens rule themselves rather than electing representatives to govern on their behalf. E-government *** Online communication channels that enable citizens to easily obtain information from government and facilitate the expression of opinions to government officials. Oligarchy *** A system of government in which power is concentrated in the hands of a few people. Executive branch *** The law-enforcing branch of government Judicial branch *** The law-interpreting branch of government. Judicial review *** The power to declare congressional (and presidential) acts invalid because they violate the Constitution. Electoral college *** A body of electors chosen by voters to cast ballots for president and vice president. Confederation *** A loose association of independent states that agree to cooperate on specified matters. Enumerated powers *** The powers explicitly granted to Congress by the Constitution. Articles of Confederation *** The compact among the thirteen original states that established the first government of the United States. Bill of Rights *** The first ten amendments to the Constitution. They prevent the national government from tampering with fundamental rights and civil liberties, and emphasize the limited character of national power. Supremacy clause *** The clause in Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict. Federalism *** The division of power between a central government and regional governments. Categorical grants *** Grants-in-aid targeted for a specific purpose by either formula or project. Home rule *** The right to enact and enforce legislation locally. Redistricting *** The process of redrawing political boundaries to reflect changes in population. Sovereignty *** The quality of being supreme in power or authority. Block grants *** Grants-in-aid awarded for general purposes, allowing the recipient great discretion in spending the grant money. Restraint *** A requirement laid down by an act of Congress, prohibiting a state or local government from exercising a certain power. Project grants *** Categorical grants awarded on the basis of competitive applications submitted by prospective recipients to perform a specific task or function. Direct action *** Unconventional participation that involves assembling crowds to confront businesses and local governments to demand a hearing. Direct primary *** A preliminary election, run by the state government, in which the voters choose each party's candidates for the general election. Recall *** The process for removing an elected official from office. Referendum *** An election on a policy issue. Terrorism *** Premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents. Progressivism *** A philosophy of political reform based on the goodness and wisdom of the individual citizen as opposed to special interests and political institutions. Initiative *** A procedure by which voters can propose an issue to be decided by the legislature or by the people in a referendum. It requires gathering a specified number of signatures and submitting a petition to a designated agency. Unitary executive *** A belief that the president's inherent powers allow him to overrule congressional grants of independent authority to agencies. Executive Office of the President *** The president's executive aides and their staffs; the extended White House executive establishment. Inherent powers *** Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution. Divided government *** The situation in which one party controls the White House and the other controls at least one house of Congress. Veto *** The president's disapproval of a bill that has been passed by both houses of Congress. Congress can override a veto with a two-thirds vote in each house. Electoral mandate *** An endorsement by voters. Presidents sometimes argue they have been given a mandate to carry out policy proposals. Cabinet *** A group of presidential advisers; the heads of the executive departments and other key officials. Legislative liaison staff *** The people who act as the communications link between the White House and Congress, advising the president or cabinet secretaries on the status of pending legislation. Delegation of powers *** The process by which Congress gives the executive branch the additional authority needed to address new problems. Solicitor general *** The third highest official of the U.S. Department of Justice, and the one who represents the national government before the Supreme Court. Federal question *** An issue covered by the U.S. Constitution, national laws, or U.S. treaties. Class action *** A procedure by which similarly situated litigants may be heard in a single lawsuit. Amicus curiae brief *** A brief filed (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it. Common, or judge-made, law *** Legal precedents derived from previous judicial decisions. U.S. district courts *** Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins. Original jurisdiction *** The authority of a court to hear a case before any other court does. Criminal cases *** Court cases involving a crime, or violation of public order. Senatorial courtesy *** A norm under which a nomination must be acceptable to the home state senator from the president's party. Civil cases *** Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce. Docket *** A court's agenda. Rule of four *** An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the U.S. Supreme Court. Concurrence *** The agreement of a judge with the Supreme Court's majority decision, for a reason other than the majority reason.