Missouri EOC Exam

1. Missouri EOC Exam Study Guide

2. Direct Democracy – will of the people is translated into public policy directly by the people themselves Representative Democracy – small group of person, chosen by the people to act as their representatives, and express the popular will Republic – sovereign power is held by those eligible to vote, while the political power is exercised by representatives chosen by and held responsible to those citizens Direct vs. Representative DemocracyRepublic

3. Forms of Government • Totalitarian – government which holds absolute power • Monarchy – government controlled by a King or Queen who received their position of power through royal blood (often claimed to receive their power from God – divine right theory) • Oligarchy – government in which power to rule is held by a small, usually self appointed elite • Theocracy – government in which a god or deity is the supreme ruler or the person in power rules by divine guidance

4. Separation of powers between he executive and the legislative branches of government Both are coequal and independent of one another Executive is made up of the prime minister or premiere, and that official’s cabinet Prime minister and cabinet are members of the legislative branch Prime minister leader of majority party, but subject to direct control of parliament Prime minster and cabinet only stay in office as long as they have the support of the majority of the parliament Presidential vs. parliamentary Government

5. Representation • Representative Democracy – small group of person, chosen by the people to act as their representatives, and express the popular will • Representation in US House of Representatives is based on population (minimum of 1 Representative for each State) • Representation in the US Senate equal – each state receives 2 Senators

6. Popular Sovereignty • The people are the source of government power (the people rule) • Established with the words “We the People” in the Preamble to the Constitution

7. Judicial Review • The power of the Supreme Court to rule an act of the Legislative or Executive branches to be unconstitutional • Power of Judicial Review first established with the Marbury v. Madison case

8. Civic Responsibilities of Citizens • Voting – citizens are eligible to vote and be active participants in elections • Participation in Jury – all citizens are eligible to called to served on a jury (must report, unless excused by the court)

9. Changing Roles of Government • "Government being an institution through which a society makes and enforces public policy, it is made up of people who exercise its powers, all those who have authority and control over people.  Earliest forms of government can be traced back to the Egyptians (method of regulating own and neighbor's behavior).  We have adapted forms of democracy from the Greeks and Representative Democracy from the Romans.  The English brought with them their ideas for limited and ordered government.   If people do not agree with the government they hold the power to abolish or change it."

10. Mayflower Compact • First governing document of the Plymouth Colony • Was a social contract created to ensure survival of these early colonist

11. Federalist papers • Series of Essays written attempting to convince the States to ratify the US Constitution

12. Federalism • Division of powers between National, State, and Local Governments

13. Purpose of Law • "The rule of law requires that people should be governed by accepted rules, rather than by the arbitrary decisions of rulers. These rules should be general and abstract, known and certain, and apply equally to all individuals.   • Including government officials

14. Laissez-Faire • In a true free market (capitalist)economic system, the government is completely hands off (no intervention) • Would include no taxation or regulation intended to restrict business in any way

15. Functions of the Three Branches of Government

16. Roles and Functions of political parties • The major function of a political party is to nominate candidates to win elections and control the government

17. Role and Function of interest Groups • To influence public policy • Use of propaganda • Influence outcome of elections through PAC donations • Lobbying – working within the government process to influence the public policy decisions of the government

18. New Jersey v. T.L.O. • T.L.O. was high school student accused of smoking at school – she denied she was smoking • Principal searches her purse – finds cigarettes, rolling papers, marijuana, large sum of money, and list of people who owed her money • She cited a violation of her 4th Amendment – illegal search and seizure • Supreme Court defended school’s action, stating the school only needs reasonable suspicion as opposed to probable cause or a warrant

19. Mapp v. Ohio • DollreeMapp had here home illegally searched without a warrant – police suspected she was harboring a bombing suspect • Police found illegal pornographic materials in her home and arrested her • The Supreme Court ruled that anything seized during an illegal search could not be used in court

20. Declaration of Independence: Influence on US Constitution • Established natural rights (life, liberty, & pursuit of happiness) • Established the concept of popular sovereignty (people are the source of political power) • Need for limited government • Need for separation of powers • Need for checks and balances • Provided justification for revolution against an unjust government

21. Articles of Confederation: Influence on US Constitution • Influenced concepts of separation of powers & checks and balances • Articles of Confederation had no executive branch to enforce laws, nor a judicial branch to interpret the laws

22. Weaknesses of Articles of Confederation • Constitution Fixes • House of Reps determined by population • Establish power to tax • Power to regulate trade • Creates executive branch w/ one President • Creates judicial branch to interpret laws • Creates amendment process • Simple majority (51%) of Both Houses to pass laws

23. Magna Carta • English Document which established the following fundamental rights • Limited government (basis of US Constitution) • Rule of law (government officials are not above the law) • Right to trial by jury (found in Bill of Rights) • Due process of law (found in Bill of Rights) • Protected against arbitrary taking of life, liberty, and property

24. Significance of Enlightenment Writers: Thomas Hobbes • In state of nature, man is born free (people could take anything they want by force), as a result we must agree to give up certain rights in a social contract to ensure peace (SOCIAL CONTRACT THEORY) • Such as the right to kill or steal

25. Significance of Enlightenment Writers: John Locke • Men are born free and equal, but as populations grew, laws were needed to keep order, men agreed to delegate this function to a government, a social contract, with limited powers can be modified by the people at any time (SOCIAL CONTRACT THEORY)

26. Significance of Enlightenment Writers: Jean Jacques Rousseau • Mutual contract (social contract) between the peoples and government • People agree to be ruled only so that their rights, property, and happiness be protected by their rulers • Once rulers break the contract, the people are free to choose another set of rulers (basis for the Declaration of Independence)

27. Significance of Enlightenment Writers: Baron de Montesquieu • Need for Separation of Powers (legislative, executive, and judicial branches of government) • Importance of a fair and objective judicial branch of government (to avoid despotism resulting from a feeling of lacking equality)

28. Social Contract Theory • The state arose out of a voluntary act of free people • The state exists to serve the will of the people • People are the sole source of political power (popular sovereignty) • People are free to give or to withhold the power as they choose

29. Limited Government • Basic principle of American system of government • Government is restricted in what it may do, and each individual is has rights that the government cannot take away • First established with the Magna Carta • Rule of Law – government officials are to be held accountable for their actions (not above the law)

30. Separation of Powers • Basic principle of American system of government • Executive, Legislative, and Judicial powers are divided among three independent and co-equal branches of government • Enhances concept of limited government by dividing up the power, to prevent concentration of power in one individual

31. Checks and Balances • Basic principle of the American system of government • System of overlapping powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others

32. Federalism • System of government in which a written constitution divides the power between a central government and several local governments – divides power between National (Federal), State and Local governments

33. Principles of American Political Culture - Liberty • Freedom – each person shall be free to do as he or she chooses as long as it does not interfere with the rights of another • Freedom is NOT absolute • Can’t say fire in a movie theater (if there is no fire) • Can’t say bomb on an airplane (if there is no bomb)

34. Principles of American Political Culture - Equality • All people are entitled to equality of opportunity and equality before the law

35. Principles of American Political Culture – Majority Rule / Minority Rights • Although the majority has the right to rule or pass laws, they may not deny the rights of a minority group

36. Bill Of Rights • 1st Amendment: Freedom of Speech, Religion, Press, Assembly and Petition

37. Bill Of Rights • 2nd Amendment: right to bear arms

38. Bill of Rights • 3rd Amendment: No Quarter of Troops during times of peace.

39. Bill of Rights • 4th Amendment: The right of the people against unreasonable search and seizures (must have warrant or probable cause).

40. Bill of Rights • 5th Amendment: Criminal Proceedings (no self incrimination, no Double Jeopardy (can’t be tried for same crime twice), Due Process and Eminent Domain (gov’t can seize private property for public use – must pay market value)

41. Bill of Rights • 6th Amendment: Right to a speedy and public trial by an impartial jury.

42. Bill of Rights • 7th Amendment: Right to a jury trial in civil matters in excess of $20.00.

43. Bill of Rights • 8th Amendment: No Cruel and unusual punishment, nor excessive fines or bail.

44. Bill of Rights • 9th Amendment: Any rights that are not specifically stated in the Constitution are held by the people.

45. Bill of Rights • 10th Amendment: Powers not delegated to the U.S. by the Constitution, or are forbidden to the States, belong to the States or the People of the States (Reserved Powers).

46. Formal Amendment Process • Formal Amendments can be PROPOSED by: • A 2/3 vote of both houses of Congress • At a national convention when call by Congress when requested by 2/3 of the states • Formal Amendments can be RATIFIED (approved) by: • The State legislature of ¾ of the states • Conventions held in ¾ of the states • Formal Amendment Process provides for a way to accommodate a changing society

47. Marbury v. Madison • William Marbury was appointed to be a judge for the District of Columbia by outgoing Federalist President John Adams • Incoming President Thomas Jefferson withdrew Marbury commission to the judgeship • Marbury filed suit in the Supreme Court in an attempt to force Jefferson to give him the judgeship, citing the National Judiciary Act of 1789 (allowing him to take his case directly to the Supreme Court • Established the Supreme Court’s power of judicial review (declaring an act of the government unconstitutional) • Struck down the National Judiciary Act of 1789 as unconstitutional therefore nullifying Marbury’s case

48. McCulloch v. Maryland • State of Maryland taxed the bank notes issued by the 2nd Bank of the United States • State of Maryland claimed that the Federal Government does not have the authority to create a National Bank • Supreme Court cited the Necessary and Proper Clause (Implied Powers) to suggest that the Federal Government does have the authority to create a National Bank • Supreme Court also cited the Supremacy Clause to suggest that a conflict between a State Government and the US Constitution would favor the US Constitution

49. Miranda v. Arizona • Ernesto Miranda was convicted of kidnapping and rape • Miranda confessed during questioning, but was not read his rights • Supreme Court overturned Miranda’s conviction, laying down the MIRANDA RULE, which states that a suspect must be: • Told of his or her right to remain silent • Warned that anything he or she says can be used in court • Informed of right to an attorney • If can’t afford one, court will provide one • Can end questioning at any time

50. Plessy v. Ferguson • Herman Plessy challenged a Louisiana law which required separate seating for white and African Americans on railroad cars • Plessy cited the 14th Amendment and stated that his Equal Protection of Laws was violated • Supreme Court ruled that as long as the facilities were SEPARATE BUT EQUAL (providing basis for legal segregation and upholding Jim Crow Laws) • Court ruled that 14th Amendment only gave African Americans political and civil equality, not social equality