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Government Final Exam Study Guide

Terms in this set (196)

What are the three types of government power?
Legislative, Executive, Judicial
What is an example of legislative power?
the legislative branch makes all laws
What is an example of executive power?
the ability to appoint individuals to certain governmental posts
What is an example of judicial power?
of a court to decide and pronounce a judgment
What is the social contract theory?
agreement by which the people give up their freedom for an organized society
How does the social contract theory relate to our modern ideas of government today?
People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution's social contract.
What is an autocracy?
a system of government by one person with absolute power.
What is an oligarchy?
a small group of people having control of a country, organization, or institution.
What is authoritarianism?
a political system that denies the people participation in government
What is totaltarianism?
Form of government that prohibits opposition parties, to has a view in the government
What is a direct democracy?
a government in which people vote to make their own rules and laws
What is a representative democracy?
a government in which citizens choose a smaller group to govern on their behalf
How did Madison define a republic?
the system of government where the citizens of the state elect representatives to make decisions for them using three powerful branches: the executive, the judicial, and the legislative.
What is an initiative?
a process that allows voters to put a bill before a state legislature
What is a referendum?
a general vote by the electorate on a single political question that has been referred to them for a direct decision.
What is a recall election?
it allows voters to remove an elected officials before their term is up
What is the purpose of the declaration of independence?
to explain the colonists' right to revolution
What were the major weaknesses of the Article of Confederation?
-Each state only had one vote in Congress, regardless of size.
-Congress had not have the power to tax.
-Congress did not have the power to regulate foreign and interstate commerce.
-There was no executive branch to enforce any acts passed by Congress.
Why did the Constitutional Convention take place?
To revise the Articles of Confederation
Who is known as the "Father of the Constitution"?
James Madison
What were the major compromises at the Constitutional Convention?
-the Great Compromise
-the Three-Fifths Compromise
-the Electoral College.
What were the differences between federalists and antifederalists?
-The Federalists wanted a strong government and strong executive branch, while the anti-Federalists wanted a weaker central government.
-The Federalists did not want a bill of rights —they thought the new constitution was sufficient. The anti-federalists demanded a bill of rights.
Why was a Bill of Rights added to the Constitution?
Bill of Rights was added to Constitution to ensure ratification
What is separation of powers?
an act of vesting the legislative, executive, and judicial powers of government in separate bodies.
What are checks and balances?
The system in which it is made sure that no branch has more power than the other.
What checks do the legislative branch have?
the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
What checks does the judicial branch have?
judicial review
What checks does the executive branch have?
veto a law, appeal to public to put pressure on legislature
Why is the 'rule of law' so important in the American system of government?
Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
Why is federalism an important function of the American system of government?
Federalism limits government by creating two sovereign powers—the national government and state governments
How is power divided under federalism?
Between state and national government
Why is power divided under federalism?
It restrains the influence of both the state and national government
What is the significance of the 10th amendment?
It's a constitutional truism, a mere assertion that states have independent powers of their own.
What are examples of reserved powers?
-ownership of property.
-education of inhabitants.
-implementation of welfare and other benefits
-programs and distribution of aid.
What are some benefits of federalism?
-checks the growth of tyranny/diffusion of power
-unity without uniformity
-keeps government closer to the people
-increased opportunities for participants
What are some drawbacks of federalism?
-including the opportunity costs of decentralization
-the emergence of spillover effects among jurisdictions
-the risk of cost-shifting exercises from one layer of the government to the other.
What is the supremacy clause?
Constitution is the supreme law of the land
Why is the supremacy clause important for federalism?
where the United States Constitution grants power to the national government, laws enacted by that national government outrank laws from state governments
What is a categorical grant?
Federal grants for specific purposes, such as building an airport
What is a block grant?
a grant from a central government that a local authority can allocate to a wide range of services.
What is condition-of-aid?
terms set by the national government that states must meet if they are to receive certain federal funds
What are "strings attached"?
One or more conditions, restrictions, obligations, or arrangements that must be met for one to attain something that they desire.
What is a federal mandate?
A requirement in federal legislation that forces states and municipalities to comply with certain rules.
What are civil liberties?
basic freedoms to think and to act that are protected and that all people have
What is incorporation?
Taking a right from the Bill of Rights and applying it against state and local officials by making it a component of the due process clause of the Fourteenth Amendment.
What were the major provisions in amendment 1?
The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government.
What were the major provisions in amendment 2?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
What were the major provisions in amendment 4?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
What were the major provisions in amendment 5?
right to indictment by the grand jury before any criminal charges for felonious crimes, a prohibition on double jeopardy, a right against forced self-incrimination
What were the major provisions in amendment 6?
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
What were the major provisions in amendment 8?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
What are the limits to freedom of speech?
Slander, liable, & defamation torts.
What is the establishment clause?
Congress shall make no law respecting an establishment of religion
What is the free exercise clause?
Congress shall make no law prohibiting the free exercise of religion
What is prior restraint?
government action that seeks to prevent materials from being published
What are civil rights?
the rights of citizens to political and social freedom and equality.
What is the 14th amendment?
granted citizenship to all who were natural born in the us
What is the citizenship clause?
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What is the equal protection clause?
no state shall deny to any person within its jurisdiction "the equal protection of the laws"
What is the due process clause?
states that the government shall not deny a person their rights without due process (a legal proceeding).
What are Jim Crow laws?
laws that segregate blacks and whites
What are literacy tests?
a test administered as a precondition for voting, often used to prevent African Americans from exercising their right to vote, super hard and could have more than one right answer
What are poll taxes?
It was a fee a person must pay in order to vote; it was used to keep poor people and African Americans from voting
What is the significance of the Civil Rights Act of 1964?
prohibits discrimination on the basis of race, color, religion, sex or national origin.
What is the significance of the Voting Rights Act of 1965?
offered African Americans a way to get around the barriers at the state and local levels that had prevented them from exercising their 15th Amendment right to vote.
What is the 19th amendment?
Gave women the right to vote
What is title IX?
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance
What was the Equal Rights Amendment?
Proposed constitutional amendment designed to help women that was not ratified in 1982.
What is public opinion?
the distribution of the population's beliefs about politics and policy issues
How is political opinion measured?
through elections, interest groups, the media, and personal contacts with the public.
What is political socialization?
the process through which individuals acquire their political beliefs and values
What are the main agents of socialization?
family, school, peers, mass media
What is a sample?
a subset of the population
What is random sampling?
everyone in the population has an equal chance of being studied
What is sampling error?
error in a statistical analysis arising from the unrepresentativeness of the sample taken.
What is the margin of error?
a measure of the accuracy of a public opinion poll
What are special interest groups?
a group of people or an organization seeking or receiving special advantages, typically through political lobbying.
What are examples of special interest groups?
1. The National Rifle Association
2. Mothers Against Drunk Drivers
3. The TEA Party
4. People for the Ethical Treatment of Animals
What are the pros to special interest groups?
-They use a democratic process.
-They check the power of majorities.
-They have the ability to motivate legislators.
What are the cons to special interest groups?
-They would often seek for the minority of people.
-They only have one track in mind.
-They are only effective for themselves.
What is lobbying?
communicating with government officials to persuade them to support a particular policy position
What is the revolving door?
Employment cycle in which individuals who work for government agencies regulating interests eventually end up working for interest groups or business with the same policy concern.
What is a political party?
a group of persons who seek to control government through the winning of elections and the holding of public office
What is partisanship?
Identify and vote along party lines and platforms
What people usually vote democrat?
Women, less wealthy, less educated, younger, African-Americans
What people usually vote republican?
Men, Wealthy, more educated, older, white evangelicals
What is the democrat party platform?
promote social programs, labor unions, consumer protection, workplace safety regulation, equal opportunity, disability rights, racial equality, regulations against environmental pollution, and criminal justice reform.
What is the republican party platform?
-increase defense spending
-decrease money spent on social welfare programs
-decrease money spent on public education and increase access to vouchers for private schools
-cut taxes
-oppose gun regulations
-pro life
-oppose environmental regulations
What is the role of parties in elections?
People usually vote for the party that they identify with
What is a general election?
a regular election of candidates for office, as opposed to a primary election.
What is a primary election?
An election to choose party candidates
What is the purpose of elections in a democratic system of government?
Citizens vote for leaders to represent them and their ideas, and the leaders support the citizens' interests.
What is the presidential primary process?
Step 1: Primaries and Caucuses. There are many people who want to be president.
Step 2: National Conventions. Each party holds a national convention to finalize the selection of one presidential nominee
What is the nomination process?
1. self-announcement
2. caucus
3. convention
4. direct primary
5. petition
What is the significance of the Iowa Caucus?
The simplest answer may be that Iowa is the first state in the nation to show its support for candidates. It shows where the nations support usually is.
What is the significance of the New Hampshire Primary?
New Hampshire holds the first primary election which shows which candidate is in the lead.
What are national conventions?
A convention in which the president is nominated by national committee every four years
What is a closed primary?
an election in which voters can participate in the nomination of candidates, but only of the party in which they are enrolled for a period of time prior to Election Day
What is an open primary?
a primary election in which voters are not required to declare party affiliation.
Who votes?
high income/education, swing states, homeowners, older age, whites, and blacks (recently)
Who doesn't vote?
low income/education, non-swing states, first-generation immigrants, non-religious, little interest in politics, disabled, blue collar workers, asians, latinos, poor single parents, independents, young, home renters
What is the role of state governments in the Election Process?
Running primaries, eligibility of voters, and the running of the states electoral college.
What are the differences between the house and senate?
House members must be twenty-five years of age and citizens for seven years. Senators are at least thirty years old and citizens for nine years. Another difference is who they represent. Senators represent their entire states, but members of the House represent individual districts.
What is the incumbency advantage?
The distinct advantage that people who already hold office have over their challengers
What is a midterm election?
congressional election not accompanied by presidential election
When is the next midterm election?
November 8, 2022
What typically happens to a President's Party in the midterm election?
They lose a lot of seats in congress.
Who is on the ballot during midterm elections?
Every house seat is up for reelection, and 33 to 34 senate seats.
What is reapportionment?
The redistribution of house seats based on population shifts
How often does reapportionment happen, and why does it happen?
It happens every 10 years, to try and make sure each district is equal
What is redistricting?
The redrawing of the boundaries of the congressional districts within each state.
Who usually redistricts states?
The state legislatures
What is gerrymandering?
manipulate the boundaries of (an electoral constituency) so as to favor one party or class.
Why is gerrymandering done?
Advantage to the party in power of the state legislature
What is an enumerated power?
Powers specifically given to Congress
What is an example of an enumerated power?
coining money
What is an implied power?
a power that is not directly stated in the constitution but is implied.
What is an example of an implied power?
draft
Where are the enumerated powers of Congress found?
Article 1 Section 8
What is the significance of the commerce clause?
It basically allows the government to do whatever they want under it because everything can fall under the commerce clause
What is the necessary and proper clause?
Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers
Who confirms presidential appointments?
Senate
What are some examples of presidential appointments that must get confirmed?
Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States
What is impeachment?
a charge of misconduct made against the holder of a public office.
What can a President be impeached for?
treason, bribery, high crimes and misdemeanors
What is required to convict/remove a president from office?
simple majority from the house, 2/3 vote from the senate
What is the role of the speaker of the house?
must protect parliamentary rights of the elected members, speak for the people and uphold the orderly conduct/business
What is the role of the majority leader?
Acts like a second to the speaker of the house
What is the role of the minority leader?
The minority leader has a different job—critiquing the majority party's bills and keeping his or her own party united.
What is the role of the whips?
Whips assist the Party Floor Leaders by serving as a go-between for the Party Floor Leader and the other party members in each house.
What is a bill?
a proposed law
What is a standing committee?
a permanent committee that meets regularly.
Why are standing committees so important?
Where bills get consideration / Members usually respect committee recommendations & decisions / Bill's fate usually decided in committee.
What options do standing committees have when they receive a bill?
Report the bill favorably, with a "do pass" recommendation.
Refuse to report the bill.
Report the bill in amended form.
Report the bill with unfavorable recommendation.
Report a committee bill.
What is the party makeup of standing committees?
Usually, the more important committees have the majority of the senate so that it is easier for the senate to pass things.
What is a filibuster?
talking to prevent a bill from passing
What is cloture?
a procedure for ending a debate and taking a vote, 60 votes
Why is the filibuster/vote of cloture an important legislative strategy for the minority party?
It allows them to stall bills, and not allow them to pass through the senate ever.
What options does the President have when presented a bill from Congress?
Sign and pass the bill
Refuse to sign the bill and hold it
Veto the bill
What is a pocket veto?
an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.
How many seats are in the Indiana General Assembly?
100 house seats, 50 senate seats
What are the constitutional qualifications for one to become President?
a natural born citizen of the United States, a resident for 14 years, and 35 years of age or older.
What is the president's length of term?
4 year term with a term limit of two terms (totaling eight years) or a maximum of ten years if the president acted as president for two years or less in a term where another was elected
What did the 22nd Amendment establish?
limiting a President to two terms
What are the various roles of the President?
Party leader, commander in chief, legislative leader, head of state, chief executive, chief diplomat, economic leader
What are the responsibilities of the Vice President?
The president of the Senate. has the sole power to break a tie vote in the Senate and formally presides over the receiving and counting of electoral ballots cast in presidential elections.
What is presidential succession?
the order in which officials fill the office of president in case of a vacancy
What is the order of presidential succession?
President, Vice President, Speaker of the House, President Pro Tempore, Secretary of State
What is the State of the Union Address?
a yearly address delivered each January by the president of the US to Congress, giving the administration's view of the state of the nation and plans for legislation.
What are the constitutional powers of the President?
sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.
What is an executive order?
A non-legislative directive by the president that has the force of law
What is an executive agreement?
an international agreement, usually regarding routine administrative matters not warranting a formal treaty, made by the executive branch of the US government without ratification by the Senate.
What is a treaty?
A formal agreement between two or more sovereign states that needs approval from the senate.
How is the number of electors per state determined in the Electoral College?
The number of senators, and representatives added together.
What is the winner-take-all system?
The candidate who wins the popular vote gets all the states electoral votes
What is a swing state?
a US state where the two major political parties have similar levels of support among voters, viewed as important in determining the overall result of a presidential election.
What happens if no presidential candidate receives the majority of the electoral votes?
The house elects the President, each state has one vote.
What is the purpose of federal bureaucracy?
implementation, administration, and regulation.
What is federal bureaucracy?
the agencies and employees of the executive branch
What are cabinet departments?
government responsibility and intervention in areas such as energy, housing, and security
What is an example of a cabinet department?
Department of Justice
What are independent executive agencies?
A federal agency that is not part of a cabinet department but reports directly to the president.
What is an example of an independent executive agency?
CIA
What are independent regulatory commissions?
agencies created by Congress to exist outside the major departments to regulate a specific economic activity or interest
What is an example of the independent regulatory commissions?
The Federal Communications Commissions
What are government corporations?
Businesses that are run by the National Government
What is an example of a government corporation?
U.S. Postal Service
Who makes up the president's cabinet?
The Cabinet includes the Vice President and the heads of 15 executive departments
What is the role of the secretary of state?
Manage foreign policy
What is the role of the attorney general?
The Attorney General shall be the legal officer of the state, shall have the duties and powers that may be prescribed by law. Head of the justice department
What is the justice department?
enforces federal laws, seeks just punishment for the guilty, and ensures the fair and impartial administration of justice.
What is criminal law?
a system of law concerned with the punishment of those who commit crimes.
What is civil law?
the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
What is the structure of the federal court system?
-District Courts (original jurisdiction)
-Court of Appeals (appellate jurisdiction)
-U.S. Supreme Court (final appellate court)
What are the differences between federal and state courts regarding jurisdiction?
State courts are courts of "general jurisdiction". They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws.
How does the Supreme Court decide which cases to hear?
They vote and 4 justices must want to take the case.
What is a writ of certiorari?
order seeking review of a lower court case
What is jurisdiction?
The authority of a court to hear a case and decide a specific action.
What jurisdiction does the Supreme Court have?
original and appellate jurisdiction
What are amicus curiae briefs?
Written arguments submitted to the court in support of one side of a case (friend to the court briefs)
How many justices are on the Supreme Court?
9 justices
How do the justices get their job?
Nominated by the president then approved by the Senate
How long do justices serve for?
life
What is a precedent?
an action or decision that later serves as an example
What is stare decisis?
to stand by what has been decided
What are the types of Opinions that the Supreme Court can administer?
majority, concurring, plurality, and dissenting opinions,
What happened in Marbury v. Madison - 1803?
established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.
What happened in McCulloch v. Maryland - 1819?
Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States, and Maryland could not tax it.
What happened in Plessy v. Ferguson - 1896?
upheld the constitutionality of racial segregation under the "separate but equal" doctrine.
What happened in Brown v. Board of Education - 1954?
Court declared that racial segregation in public schools violated the equal protection clause of the Fourteenth Amendment.
What happened in Mapp v. Ohio - 1961?
held that the exclusionary rule, which threw out illegally obtained evidence in a court of law
What happened in Heart of Atlanta Motel v. United States - 1964?
the government could enjoin private businesses from discriminating on the basis of race under the Commerce Clause.
What happened in Miranda v. Arizona - 1966?
the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
What happened in Tinker vs. Des Moines Independent Community School District - 1969?
the Supreme Court ruled that public school officials cannot censor student expression unless they can reasonably forecast that the speech will substantially disrupt school activities or invade the rights of others.
What happened in Roe v. Wade - 1973?
the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction.
What happened in Obergefell v. Hodges - 2015?
Obergefell overturned Baker and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.
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