American Government Final Exam Study Session

1. American Government Final Exam Study Session Complete your Study Guide as we Review.

2. Question #1 • The Legislative Branch • Makes the Laws • The Executive Branch • Enacts the Laws • The Judicial Branch • Interprets the Laws (in light of the Constitution) The 3 Branches of Government

3. Question #2 • 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 Discuss what the term impeachment means as well as the situations in which it has been used.

4. Question #3 • 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 Identify the three types of Powers granted to Congress and which clauses go with the powers.

5. Question #4 Most bills die here.  Unique to House Describe the process for how a bill can become a law

6. Question #5 • 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 List the various leadership roles within the Congress, and their duties and responsibilities.

7. Question #5 (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) List the various leadership roles within the Congress, and their duties and responsibilities. (cont’d.)

8. 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.

9. Question #7 • 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 Know the qualifications (including informal) for holding office in the ExecutiveBranch

10. Question #7 (cont’d) • 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 Know the qualifications (including informal) for holding office in the Legislative Branch

11. Question #7 (cont’d) • There are no formal qualifications for being a judge • Informal Qualifications • Lawyer • A record of political activity • Age Know the qualifications (including informal) for holding office in the Judicial Branch

12. Question #8 • Lawmaking • Representing their constituents • Servants of their constituents • Committee Members • Politicians Identify the five roles of a member of Congress and identify which is the role where most of the official business is done?

13. Question #9 Powers are listed in the blue boxes Arrows = Checks & Balances Judicial Review Judicial Review

14. Question #10 • 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 Compare and Contrast separation of powers with checks and balances.

15. Question #11 • 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 Define the United States Constitution and its purpose.

16. Question #12 • 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.  Discuss the intentions of the Framers in regard to creating a legislature through the Constitution.

17. Question #13 • Roles • 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

18. Presidential Powers • (Expressed) • Command the armed forces • Make treaties • Approve or veto acts of Congress • Send and receive diplomatic Representatives • Grant pardons and reprieves • See that laws are faithfully executed • Appoint Federal Judges, Cabinet members, and other government employees • Presidential Powers (Implied) • Powers to issue Executive Orders • Removal Powers List the duties and responsibilities of the President

19. Question #14 • Executive Orders • Executive Agreements • Executive Privilege What are the Executive Branch’s informal powers

20. 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

21. Question #15 • 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. What is an Executive Agreement?(Cont’d)

22. 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

23. Question #16 Differences between the House of Representatives and the Senate

24. Question #17 • 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. Identify the most influential committees in each house of Congress.

25. Question #18 • 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 Define Judicial Review, provide the court case which gives the Supreme Court precedent, and then discuss judicial review’s purpose.

26. Question #19 • 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. Know the following court cases:

27. Question #20 • 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. Define the United States Constitution and its purpose.

28. Articles & Amendments • Article 1 – Legislative Branch • Article 2 – Executive Branch • Article 3 – Judicial Branch Constitution (cont’d)

29. Question #21 • 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 Know the following Amendments

30. Question #22 • Supremacy Clause (Article VI) – the Constitution is the “Supreme Law of the Land” Define the Supremacy Clause

31. Question #23 • 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’lySoutherners) would define “property.” Declaration of Independence

32. 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

33. Question #25 • 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. Federalism

34. Question #26 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 What is the difference between the Electoral College and the Popular Vote?

35. Good Luck!! Trust in what we’ve learned.