WGU C963 Final Exam Questions With Answers Latest Update 2023/2024 (GRADED)

State of Nature - ANSWER-Hypothetical condition assumed to exist in the absence of government where human beings live in "complete" freedom and general equality. Due Process - ANSWER-involves the government's obligation to treat all citizens fairly. Such a requirement lessens the extent to which government power can be exercised over the individual, making the power differential between the two more fair, and ensuring a general sense of political equality Social Contract - ANSWER-A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules. Thomas Hobbes () - ANSWER-One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher Leviathan (1651): Thomas Hobbes - ANSWER-Hobbes argues that society is not something natural and immutable, but rather it is something created by us. Labor Movement - ANSWER-the formation of labor unions, during the 1880's, for the workers to receive better treatment by Constitution - ANSWER-A document which spells out the principles by which a government runs and the fundamental laws that govern a society Bill of Rights - ANSWER-The first ten amendments to the Constitution Declaration of Independence - ANSWER-the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain Thomas Jefferson - ANSWER-Wrote the Declaration of Independence Shays's Rebellion () - ANSWER-which almost resulted in potential mob rule, suggested there might be too much democracy at play, and that maybe individual liberty was going too far Articles of Confederation - ANSWER-A weak constitution that governed America during the Revolutionary War. Federalist no. 51 - ANSWER-Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. First Amendment - ANSWER-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Second Amendment - ANSWER-Right to keep and bear arms Third Amendment - ANSWER-The government may not house soldiers in private homes without consent of the owner Forth Amendment - ANSWER-It protects people against unfair searches of their homes; search and seizure. Fifth Amendment - ANSWER-A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, selfincrimination, and punishment without due process of law. Sixth Amendment - ANSWER-Right to a speedy and public trial Seventh Amendment - ANSWER-Right to a trial by jury in civil cases Eighth Amendment - ANSWER-No cruel and unusual punishment Nineth Amendment - ANSWER-peoples rights are not just limited to those listed in the Constitution and Bill of Rights Tenth Amendment - ANSWER-Amendment stating that the powers not delegated to the federal gov. are reserved to the states bicameral legislature - ANSWER-A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house - The House of Representatives and The Senate. House of Representatives - ANSWER-the lower house of Congress, consisting of a different number of representatives from each state, depending on population New Jersey Plan - ANSWER-Proposal to create a weak national government Virginia Plan - ANSWER-Proposal to create a strong national government Constitutional Convention - ANSWER-Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States. unicameral legislature - ANSWER-One-house legislature Three-Fifths Compromise - ANSWER-Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment) Checks and Balances - ANSWER-A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power Separation of Powers - ANSWER-Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law federal system - ANSWER-A government that divides the powers of government between the national government and state or provincial governments enumerated powers - ANSWER-The powers explicitly given to Congress in the Constitution. reserved powers - ANSWER-Powers given to the state government alone Federalists - ANSWER-Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn't want the Bill of Rights because they felt citizens' rights were already well protected by the Constitution. Anti-Federalists - ANSWER-Opponents of the American Constitution at the time when the states were contemplating its adoption. Ratification - ANSWER-Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty Republic - ANSWER-A form of government in which citizens choose their leaders by voting Habeas Corpus - ANSWER-Constitutional protection against unlawful imprisonment Federalist Papers - ANSWER-A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail. Federalist No. 10 - ANSWER-An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable. Legislative Branch (Congress) - ANSWER-makes laws, imposes taxes, and declares war Judicial Branch (Supreme Court) - ANSWER-interprets the constitution and other laws, reviews lower-court decisions Executive Branch (President) - ANSWER-has the power to enforce the law Executive Orders - ANSWER-Formal orders issued by the president to direct action by the federal bureaucracy. checks on the executive branch - ANSWER-By Congress Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote By Judiciary Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary Checks on Congress - ANSWER-By President Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress) By Judiciary Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary Checks on Judiciary - ANSWER-By President Nominates judges Power of pardon By Congress Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote federalist system - ANSWER-political powers are divided between national and state levels in an effort to avoid concentrating control in the hands of one person Equal Rights Amendment (ERA) - ANSWER-Proposed the 27th Amendment, calling for equal rights for both sexes. Defeated in the House in 1972. Fifteenth Amendment - ANSWER-The constitutional amendment adopted in 1870 to extend suffrage to African Americans. Nineteenth Amendment - ANSWER-The constitutional amendment adopted in 1920 that guarantees women the right to vote. Twenty-sixth Amendment - ANSWER-Changed the legal voting age from 21 to 18. Defense of Marriage Act (DOMA) - ANSWER-(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage Obergefell v. Hodges (2015) - ANSWER-Struck down state bans on same sex marriage. The 14th Amendment requires States to license a marriage between two people of the same sex. States must recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. (Roberts Court) 14th Amendment - ANSWER-Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws Advantages of Federalism - ANSWER-checks growth of tyranny, allows unity without uniformity, encourages experimentation, provides training and creates opportunities for future national leaders, keeps government closer to the people Disadvantages of Federalism - ANSWER-lack of consistency, inefficiency, bureaucracy Affordable Care Act of 2010 - ANSWER-requires an organization with 50 or more employees to make health insurance available to employees or pay an assessment and gives employees the right to buy health insurance from another provider if an organization's health insurance is too expensive Inherent Powers of the President - ANSWER-Powers that belong to the president because they can be inferred from the Constitution Veto - ANSWER-Chief executive's power to reject a bill passed by a legislature Power of the Purse - ANSWER-Constitutional power given to Congress to raise and spend money oversight - ANSWER-the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies implied powers - ANSWER-Powers not specifically mentioned in the constitution Marbury v. Madison (1803) - ANSWER-Established judicial review United States v. Lopez (1995) - ANSWER-Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime Sixteenth Amendment (1913) - ANSWER-Gave Congress the power to collect taxes on people's income discretionary spending - ANSWER-spending about which Congress is free to make choices budget resolution - ANSWER-A resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs. pork barrel spending - ANSWER-The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors. Line Item Veto Act of 1996 - ANSWER-an executive's ability to block a particular provision in a bill passed by the legislature Interstate Commerce Clause - ANSWER-The constitutional provision permitting Congress to regulate trade among the states Legal Tender Act of 1862 - ANSWER-A currency backed only by the federal government's word. It allowed the government to print greenbacks and inflate the pool of available currency without having to have an equivalent amount of gold and silver. The greenback was popular among American farmers and debtors as it was cheaper to pay back loans with a cheaper currency. Federalist No. 69 - ANSWER-Theme: Presidential Power Focus:Powers of the executive and their meaning, compares presidency to governorship v. king The "real character of the proposed executive" is revealed in terms of the organization and powers tests. The tests are 1) "single magistrate," 2) "four years; and is to be reeligible," 3) impeachment and removal from office, 4) "qualified negative of the Presidency," 5) "occasional... commander-in-chief" power which "would amount to nothing more than the supreme command and direction" of the armed forces, 6) power to pardon, 7) power to "adjourn the legislature," 8) with the "advice and consent of the Senate, to make treaties," 9) power to "receive ambassadors and public ministers," 10) "the power to nominate and appoint." advice and consent - ANSWER-Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments. Impeachment - ANSWER-A formal document charging a public official with misconduct in office Supermajority - ANSWER-a majority greater than a simple majority of one over half, e.g., 3/5, 2/3. Filibuster - ANSWER-A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue. majority party - ANSWER-the party that holds the majority of legislative seats in either the House or the Senate minority party - ANSWER-In both the House of Representatives and the Senate, the political party to which fewer than half the members belong Speaker of the House - ANSWER-An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant. majority leader - ANSWER-the legislative leader elected by party members holding the majority of seats in the House or Senate minority leader - ANSWER-The principal leader of the minority party in the House of Representatives or in the Senate. Majority Whip - ANSWER-a go-between with the majority leadership and party members in the house of representatives Minority Whip - ANSWER-a go-between with the minority leadership whose job mirrors that of the majority whip but without the power that comes from holding a majority in the House of Representatives President Pro Tempore - ANSWER-Officer of the Senate selected by the majority party to act as chair in the absence of the vice president standing committee - ANSWER-A permanent committee established in a legislature, usually focusing on a policy area select committees aka special committees - ANSWER-Congressional committees appointed for a specific purpose, such as the Watergate investigation. Conference committees are - ANSWER-temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate. Rules Committee - ANSWER-A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house. 1957 Civil Rights Bill - ANSWER-Bill passed by LBJ that helped begin first steps towards Civil Rights movement. Gerrymandering - ANSWER-Process of redrawing legislative boundaries for the purpose of benefiting the party in power. Redistricting - ANSWER-The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population. Reapportionment - ANSWER-the process of reassigning representation based on population, after every census Baker v. Carr (1962) - ANSWER-"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism. Miller v. Johnson (1995) - ANSWER-States cannot draw congressional districts in which race is the primary consideration. Shaw v. Reno (1993) - ANSWER-NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. Cooper v. Harris (2017) - ANSWER-when the Supreme Court rejected electoral districts created in North Carolina because it believed that the state legislature had relied too heavily on race when creating their electoral districts Twelfth Amendment (1804) - ANSWER-Required a separate vote tally in the Electoral College for president and vice president. This change made running on a party ticket much easier. Twenty-second Amendment (1951) - ANSWER-Limited the number of years an individual may serve as president. According to the Twenty-second Amendment, a president may be elected no more than twice. Budget Act of 1921 - ANSWER-Enhanced the President's legislative role by requiring the President to submit an annual federal government budget to Congress for it's consideration, accompanied by a budget message setting out the president's rationale and justifications. executive memorandum - ANSWER-a less powerful formal order to an agency or agencies, that does not carry the force of law, to undertake a particular course of action original jurisdiction - ANSWER-The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. appellate jurisdiction - ANSWER-The authority of a court to review decisions made by lower courts Federalist No. 78, Brutus essays - ANSWER-written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions Chisolm v. Georgia (1793) - ANSWER-citizens of one state have the right to sue another state in federal court Judiciary Act of 1789 - ANSWER-In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. Gibbons v. Ogden (1824) - ANSWER-The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. Burwell v. Hobby Lobby (2014) - ANSWER-for religious reasons, some for-profit corporations could be exempt from the requirement that employers provide insurance coverage of contraceptives for their female employees King v. Burwell (2015) - ANSWER-Individuals using both the state-run and federally-run health insurance exchanges may receive health insurance subsidies from the federal government. Brown v. Board of Education (1954) - ANSWER-unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South McCulloch v. Maryland (1819) - ANSWER-the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers Roe v. Wade (1973) - ANSWER-Abortion rights fall within the privacy implied in the 14th amendment Miranda v. Arizona (1966) - ANSWER-The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. State Courts - ANSWER-Hear most day-to-day cases, covering 90 percent of all cases,Hear both civil and criminal matters,Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government Barron v. Baltimore (1833) - ANSWER-The guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government. Federal Courts - ANSWER-Hear cases that involve a "federal question," involving the Constitution, federal laws or treaties, or a "federal party" in which the U.S. government is a party to the case,Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts Hear cases that involve "interstate" matters, "diversity of citizenship" involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000) expressed powers - ANSWER-powers directly stated in the constitution Elastic Clause - ANSWER-Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. concurrent powers - ANSWER-Powers held jointly by the national and state governments. Full Faith and Credit Clause - ANSWER-Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state Privileges and Immunities Clause - ANSWER-prevents a state from treating citizens of other states in a discriminatory manner. U.S. Term Limits v. Thornton (1995) - ANSWER-States cannot set term limits on members of Congress issue advocacy ads - ANSWER-ads that focus on issues and do not explicitly encourage citizens to vote for a certain candidate general election - ANSWER-An election held to choose which candidate will hold office Citizens United v. Federal Election Commission - ANSWER-A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures