American Government Final Exam Study Session Complete your Study Guide as we Review. Question #1 The 3 Branches of Government 1. ◦ 2. ◦ 3. ◦ The Legislative Branch Makes the Laws The Executive Branch Enacts the Laws The Judicial Branch Interprets the Laws (in light of the Constitution) Question #2 Discuss what the term impeachment means as well as the situations in which it has been used. The term impeach means to indict (formal accusation) for crime. It does not necessarily mean the person is removed from office. That occurs only if they are convicted in the Senate. There have been other federal officials, including several Judges (14), who have been impeached. Some of them (7) were convicted. There have only been two Presidents who have been indicted (impeached) for their crimes. Neither was convicted. ◦ Andrew Johnson for Tenure of Office Act Senate failed to convict by one vote ◦ Bill Clinton for Perjury and Obstruction of Justice Senate failed to convict by 17 votes Question #3 Identify the three types of Powers granted to Congress and which clauses go with the powers. Expressed Powers = Enumerated ◦ Article I: Section 8: Clause 11 War Powers Clause Implied Powers ◦ Which stem from Article I: Section 8: Clause 18 “Necessary and Proper” Clause / The “Elastic Clause” Inherent Powers ◦ Article I: Section 8: Clause 3 Commerce Clause It would be good if you understood the Article, what a clause is, and why these three clauses are important Question #4 Unique to House Describe the process for how a bill can become a law Question #5 List the various leadership roles within the Congress, and their duties and responsibilities. Speaker of the House ◦ ◦ ◦ ◦ Most powerful member Follows the VP in line of Succ. Presides and keeps order Major role in com. assignments President of Senate (V.P.) ◦ Can oversee session, but cannot debate ◦ Votes only in a tie ◦ Not chosen by Senate ◦ Mostly ceremonial President Pro Tempore ◦ Presides in the absences of the VP ◦ Elected by the Senate itself ◦ Leading member of the majority party – usually longest serving member ◦ Not as powerful as the Speaker Question #5 (cont’d) List the various leadership roles within the Congress, and their duties and responsibilities. (cont’d.) Floor Leaders ◦ Majority and Minority ◦ Most powerful members after Speaker ◦ Parties chief spokespeople ◦ Selected through party caucuses ◦ Helps pass laws their party wants Whips ◦ Majority and Minority ◦ Assistant floor leaders ◦ Serve as Liaisons (gossips) Question #6 Standing Committees – permanent, handle bills, specialize in one subject ◦ House Rules, Ways and Means, Appropriations Select Committees – temporary, set up for specific purpose ◦ Committee to investigate Watergate Scandal Joint Committees – temporary or permanent, includes members of both houses ◦ The Library, Printing Conference Committees – temporary, work to compromise when both houses pass different versions of the same bill List and discuss the various committees within Congress and their differences. Question #7 Know the qualifications (including informal) for holding office in the Executive Branch Executive Branch Formal Qualifications ◦ 35 years old ◦ Natural Born Citizen ◦ A resident of the US for at least 14 years. Executive Branches Informal Qualifications ◦ Military service ◦ Government experience ◦ Television presence – name recognition, photogenic and articulate ◦ College education ◦ Married with kids ◦ Money (inherited, by marriage, personal fortune) ◦ Religious faith ◦ Character ◦ Proof of Citizenship ◦ A “story” – war hero, peanut farmer, actor, etc. ◦ So far, male ◦ Perceived as being in the political mainstream Question #7 (cont’d) Know the qualifications (including informal) for holding office in the Legislative Branch HOR (formal) ◦ 25 years old ◦ 7 years a US Citizen ◦ A resident of the state Senate (formal) ◦ 30 years old ◦ 9 years a US Citizen ◦ A resident of the state Informal Qualifications for both houses ◦ ◦ ◦ ◦ ◦ ◦ Party identification Name familiarity Gender Religion Ethnic characteristics Political experience Question #7 (cont’d) Know the qualifications (including informal) for holding office in the Judicial Branch There are no formal qualifications for being a judge Informal Qualifications ◦ Lawyer ◦ A record of political activity ◦ Age Question #8 Identify the five roles of a member of Congress and identify which is the role where most of the official business is done? 1. 2. 3. 4. 5. Lawmaking Representing their constituents Servants of their constituents Committee Members Politicians Question #9 Powers are listed in the blue boxes Arrows = Checks & Balances Judicial Review Judicial Review Question #10 Compare and Contrast separation of powers with checks and balances. Separation of Powers is a model of government in which different parts of the government are responsible for different functions; in the US these different areas Legislative, Executive, and Judicial. ◦ References to an institution ◦ Each institution does not depend on the other to exist Checks and Balances is a means of trying to ensure that no one of the above mentioned areas can operate completely on its own ◦ Method of governance Both operate to maintain the republic Question #11 Define the United States Constitution and its purpose. Definition ◦ Document that created the present government of the United States. Written in 1787 and went into effect in 1789. It establishes the three branches of the US government. ◦ The Bill of Rights explains the basic rights of all American citizens Purpose ◦ Establish a federal government ◦ Delegate to the federal government certain limited powers Question #12 Discuss the intentions of the Framers in regard to creating a legislature through the Constitution. Their intentions were to be cautious and to create a legislature whose power would be adequate, but limited. They believed that the best way to safeguard against tyranny is to separate the powers of government among three branches so that each branch is able to restrain (or “check”) the power of the other two. Question #13 List the duties and responsibilities of the President Roles 1. 2. 3. 4. 5. 6. 7. Chief of State Chief Executive Chief Legislator Chief Administrator Chief Diplomat Commander in Chief Chief Economic Planner Unofficial Leader of his/her party List the duties and responsibilities of the President Presidential Powers (Expressed) ◦ See that laws are faithfully executed ◦ Appoint Federal Judges, Cabinet members, and other government employees ◦ Command the armed forces ◦ Make treaties ◦ Approve or veto acts of Congress (Implied) ◦ Send and receive diplomatic Representatives ◦ Powers to issue Executive Orders ◦ Grant pardons and ◦ Removal Powers reprieves Presidential Powers Question #14 What are the Executive Branch’s informal powers Executive Orders Executive Agreements Executive Privilege Question #15 What is an Executive Order Executive Orders: Orders issued by the President that carry the force of law ◦ FDR’s Interment of Japanese Americans during WW2 ◦ Truman’s integration of the military during the Korean War ◦ Clinton’s “Don’t Ask Don’t Tell Policy” ◦ GWB trying suspected terrorists in military tribunals Question #15 What is an Executive Agreement? (Cont’d) Executive Agreements: International agreements made by a President that has the force of treaty, but (unlike a treaty) do not require Senate approval. ◦ Jefferson’s Louisiana Purchase ◦ GHW Bush trade agreement with Japan re: auto industry ◦ GWB’s announced cuts in the US nuclear arsenal without a treaty. Question #15 What is Executive Privilege? (Cont’d) Executive Privilege: claim by presidents that they have the discretion to decide that the national interest will be better served if certain if information is withheld from the public (people, courts, and Congress) ◦ Nixon’s refusal to turn over the Watergate tapes ◦ Clinton’s refusal to turn over evidence re: alleged affair with Monica Lewinsky Question #16 Differences between the House of Representatives and the Senate Question #17 Identify the most influential committees in each house of Congress. House Rules – they decide what bills will be voted on. House Ways & Means – they decide how money will be spent. Senate Appropriations – they decide how money will be spent. Question #18 Define Judicial Review, provide the court case which gives the Supreme Court precedent, and then discuss judicial review’s purpose. Judicial Review – the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. The Court’s power to declare laws or actions to be Unconstitutional. Supreme Court Case – Marbury v. Madison Purpose - judicial review is considered a key check on the powers of the other two branches of government by the judiciary Question #19 Know the following court cases: 1. 2. 3. 4. Marbury vs. Madison – Established the power of Judicial Review for the Court McCulloch v. Maryland – Established federal supremacy. States cannot tax the federal government. Miranda – Requires police to inform accused criminals of their constitutional rights. Brown vs. Board of Edu. – Reversed the Court’s earlier decision in Plessy. The Brown decision outlawed the “separate, but equal” doctrine. Question #20 Define the United States Constitution and its purpose. Definition ◦ Document that created the present government of the United States. Written in 1787 and went into effect in 1789. It establishes the three branches of the US government. The BOR explains the basic rights of all American citizens Purpose ◦ Established a federal government ◦ Delegated to the federal government certain limited powers. Constitution (cont’d) Articles & Amendments ◦Article 1 – Legislative Branch ◦Article 2 – Executive Branch ◦Article 3 – Judicial Branch Question #21 Know the following Amendments 1st Amendment – Freedom of Speech, religion, press, assembly, petition / protest the govt. 5th Amendment - grand jury indictment, eminent domain, due process, self-incrimination, and double jeopardy 10th Amendment – limits powers delegated to federal govt. 13th Amendment – abolishes slavery and involuntary servitude 14th Amendment – expanded due process rights to states as well as federal 15th Amendment – can’t deny someone the right to vote based on race, color, or previous condition of servitude 22nd Amendment – presidential term limits Question #22 Define the Supremacy Clause Supremacy Clause (Article VI) – the Constitution is the “Supreme Law of the Land” Question #23 Declaration of Independence Jefferson’s biggest influence when writing the Declaration of Independence was John Locke. John Locke believed in the natural rights of man – life, liberty and property. Jefferson changed the philosophy of Locke to Life, Liberty and the Pursuit of Happiness. Why did he change it? ◦ Because of how many Americans (esp’ly Southerners) would define “property.” Question #24 Presidential System Voters elect the executive and legislature The legislative and executive are co-equal Creates prolonged conflicts and deadlocks Checks and balances Parliamentary System Voters elect the legislature The chief executive is drawn from the legislature Systems of Government Question #25 Federalism The term federalism creates a dual system of government…where states and the federal system have shared powers, powers specific to the states, and powers specific to the federal government. For example, the federal government and the state governments both have the power to tax, but because of the supremacy clause the states cannot tax the federal government, but the federal government can tax the states. This was established in the McCulloch v. Maryland Case. Question #26 What is the difference between the Electoral College and the Popular Vote? Electoral College When the people go to the poll, they are choosing who they want their electoral college to vote for in December. This group directly elects our president. Popular Vote The people’s vote for the president Good Luck!! Trust in what we’ve learned.