End of Course Examination Review Session

1. End of Course ExaminationReview Session Part II: American Government Structure

2. The Legislative Branch Congress possess lawmaking powers: Expressed powers - Powers written down (enumerated) for Congress in the Constitution Implied powers - Powers exercised by Congress which are not explicitly given by the constitution itself but necessary and proper to execute the powers which are. Elastic clause - Granting Congress the power to pass all laws necessary and proper for carrying out the written in the Constriction (found in Article 1 section 8 clause 18).

3. Congress also possesses a few non-legislative powers: Electoral powers – Senate may select a Vice-President, House selects President if no majority of electoral votes is achieved. Amendment powers – Congress may initiate an amendment. Impeachment powers – Congress may impeach and remove a person from elected office. Investigative/oversight powers – Congress may launch investigations for abuse of power in government or the economy.

4. Congress also possesses a few non-legislative powers: Electoral powers – Senate may select a Vice-President, House selects President if no majority of electoral votes is achieved. Amendment powers – Congress may initiate an amendment. Impeachment powers – Congress may impeach and remove a person from elected office. Investigative/oversight powers – Congress may launch investigations for abuse of power in government or the economy.

5. Structure of Congress House of Representatives – The Lower House (Less Prestige). 435 members that are apportioned by population. Serve two year terms. Must be 25 years old, citizen for at least for 7 years, and live in state. Senate – The Upper House (More Prestige). 100 members with 2 from each state. Serve 6 year terms (1/3 of Senate is elected every 2 years). 30 years old, 9 year citizen, live in state. Larger constituents- entire state.

6. Election to House Apportionment: distribution of representation based on state’s population. Reapportionment: the redistribution of Congressional seats following the census. Redistricting: the drawing of congressional district boundary lines by state legislatures. Gerrymandering: Drawing lines to favor one party of group over another. Election to Senate Members originally chosen by state legislatures. Seventeenth Amendment – Direct election of senators by people since 1913.

7. How Are Laws Made? Bills or proposed laws may begin in the either house (EXCEPT revenue bills, which must begin in the House of Representatives. How are laws changed? Meaning can be changed through judicial review and judicial interpretation. Amendments can be added to Constitution to change laws. How are laws enforced? Through bureaucratic agencies - FBI, CIA, EPA. Through civil servants- police, local and state government.

8. The Executive Branch Formal qualifications are explained in Article II. Natural Born US citizen. 35 years old. Resident of US 14 years. There are informal qualifications: Political or Military Experience. Political Acceptability. Married. White Northern European Ancestry (Changing). Protestant (With one exception). Term of office was redefined with Twenty-second Amendment: Two terms (Four years each). Or a total of ten years. Amendment passes after FDR ran successfully for four elections.

9. The Election Process Primaries held March-Aug of election year: May be open (all registered voters) or closed (those belonging to a party). Caucus - Meeting with delegates to select candidates. Nominating conventions are held by parties to nominate candidate National Convention – Delegates choose Presidential and Vice-presidential candidates for each party. Campaigns and General Election usually focus on travel to swing states. General Election – Voting open to all registered voters vote on the First Tuesday after the first Monday in November.

10. Electoral College – Popular votes in each state decide which candidate will receive the electoral vote for that state (winner take all). Candidate must win 270 of the 538 to win. Each state has Electors (the number of state’s representatives and senators). If no candidate receives a majority, the House selects the President and the Senate selects the Vice-President.

11. Presidential Powers Executive Powers Enforces laws, treaties, and court decisions. Issues executive orders. Appoints and removes officials. Legislative Powers State of the Union address. Annual budget and economic reports. Signs or vetoes bills. Party Powers Party Leader. Chooses Vice-President. Influences policies and platform of party.

12. Diplomatic Powers Appoints ambassadors. Negotiates treaties (Executive Agreements). Meets with foreign leaders. Receives foreign dignitaries. Military Powers Commander-in-chief. Judicial Powers Pardons, reprieves, and amnesty. Appointment members to judiciary.

13. Bureaucracy Systematic way or organizing a complex administrative structure. Responsible for carrying out the day-to-day tasks of the organization. Organization of the Federal bureaucracy – HUGE! Cabinet Departments Fifteen executive Departments appointed by President and confirmed by Senate. Operate a specific area of government activity and advise President (i.e. Secretary of State).

14. Independent Executive Agencies Similar to departments but without cabinet status. NASA, CIA, and Small business Administration. Independent Regulatory Agencies Independent from Executive. Created to regulate or police. Securities Exchange Commission and Federal Reserve Board. Government Corporations Created by Congress to carry out business-like activities. They charge for services- TVA, AMTRAK, US Postal Service.

15. The Judicial Branch Jurisdiction – Authority of Courts to hear certain cases Federal Courts – According to constitution, have jurisdiction over cases involving federal law, treaties, and interpretation of the Constitution Original Jurisdiction – Ability to hear a case for the first time (where evidence and case is presented the first time) Federal District Courts and Supreme Court Appellate Jurisdiction – Ability to hear a case that is appealed from a lower court US Court of Appeals and Supreme Court Concurrent Jurisdiction – Allows certain types of cases to be tried in either state or federal courts.

16. District Courts Judiciary Act of 1789 – Established the structure of our Federal Court System. Set up district courts to serve as trial courts at the federal level. Every state has at least 1 district court. Currently 94 districts. Have original jurisdiction and decide civil and criminal arising under Constitution and federal laws or treaties. 80% of federal cases are heard in district courts.

17. Courts of Appeals Congress established current form in 1891. To help with workload of Supreme Court. Decides appeals from US district courts. 13 US Courts of Appeals. States divided into circuits or judicial districts. Have only appellate jurisdiction - only hear appeals from lower courts. Panel of judges decides cases in Courts of Appeals.

18. Supreme Court Only court created directly in the Constitution. Highest Court in federal court system. Final authority of court of last resort with all questions arising from Constitution, federal laws, and treaties. Has original and appellate jurisdiction: Most cases are on appeal from district or courts of appeals. It can also come from state Supreme Courts. Use original jurisdiction if it involves a foreign dignitary or where states are involved.

19. Supreme Court Cases Marbury v. Madison – Judicial Review. McCulloch v. Maryland – Federalism. Miranda v. Arizona – Due Process. Plessy v. Ferguson – Segregation is legal. Brown v. Board of Education - Segregation is illegal.