STUDY YOUR REVIEW SHEET and play the games I posted online.
GOVERNMENT FINAL EXAM REVIEW
1.
What are the 3 branches of government? Legislative, Judicial, Executive
2.
What are the 3 levels of government? Federal State Local
3.
What are the roles of the president? (8)
·
Chief of State
·
Chief Executive
·
Chief Administrator
·
Chief Diplomat
·
Commander in Chief
·
Chief Legislature
·
Chief of Party
·
Chief of Citizen
4.
What are the powers of the legislature? Legislature has the powers to make laws.
5.
What are the powers of the justice? The justice has the powers to interpret the laws.
6.
How many members’ make-up the senate
and House of Representatives? House of Representative: 435, Senate 100
7.
How many electoral votes are there? 538
8.
What is the presidential line of succession? (4 places) If
the president dies the presidential line of succession is:
1. Vice President
2. Speaker of the House
3. President “pro tempore” of the Senate
4. Secretary of State
9.
What are the qualifications for a senator?
The person who wants to be a senator must
be at least 30 years old, be a US citizen for at least nine years, and must be an
inhabitant of the state elected.
10.
What are the qualifications for a congressman?
The person, who wants to be a congressman, must be 25 years
old, be an inhabitant of state elected, and be a citizen of US for at least
seven years.
11.
What are the qualifications for a president?
The person who wants to run for president must be a “natural
born citizen” (born in the US) be at least 35 years old, and have liven in the
US for at least 14 years.
12.
In order, what are the amendments in
the bill of rights?
1. Freedom of speech, religion, assembly, press
2. Bear arms (guns)
3. Quartering of Troops
4. Search and Seizure
5. Rights of the Accused: Due Process
6. Speedy & Fair Trial
7. Civil Trials: Trial by Jury
8. Cruel and unusual punishment
9. Rights reserved to the people
10. Rights reserved to the states
13.
Who appoints and confirms federal and Supreme Court judges?
The President nominates new members to the Supreme Court, but the
Senate must approve the nomination
by majority vote. This is part of the system of
checks and balances that is supposed to prevent abuse of power.
14.
What is the term of Supreme Court judges? For how long?
The term for the Supreme Court is for life. Supreme Court justices serve "during good behavior," which
means "for life" or until they choose to resign or retire,
as long as they do not commit an impeachable offense (bad behavior).
This means that they may hold office for life; however they may be
involuntarily removed from office by impeachment for and conviction of treason,
bribery or other high crimes and misdemeanors, the same as the President.
15.
Which presidents have been impeached? Andrew Johnson and Bill Clinton
16.
Which president resigned from office and who later pardoned
him? Richard Nixon resigned from office and
Jerold Ford pardoned him
17.
What are the two duties of the
vice-president?
To cast a vote in the
event of a Senate deadlock and to preside over and certify the official vote count of the U.S. Electoral College
18.
How many female, Latino, and African American Supreme Court
judges have there been? Name them.
There
have only been four female Supreme Court
justices: Sandra Day O'Connor, Ruth Bader Ginsberg, Sonia Sotomayor, and
Elena Kagan.
There
have been two African American Supreme Court justices: Clarence Thomas and
Thurgood Marshall
19.
Is the government always the prosecutor
in criminal cases? Yes
20.
What are the informal ways to change
the U.S. constitution?
21.
What are the 2 basic purposes of the bill of rights? To protect the rights of individuals and the accused
22.
IMPEACHMENT: the formal bringing of charges against a public official; the House of
Representatives has the sole power to impeach civil leaders of the US
23.
CONSTITUENTS: people and interests that an elected official represents.
24.
APPELLATE JURISDICTION: is the power of
a court to review decisions and change outcomes of decisions of lower courts.
25.
ORIGINAL JURISDICTION: the power to
hear a case for the first time as opposed to appellate jurisdiction when a
court has the power to review a lower court's
decision.
26.
DEFENDANT in a civil suit, the person
against whom a court action is brought by the plaintiff; in a criminal case,
the person charged with a crime.
27.
PLAINTIFF: in civil law, the party who
brings a suit or some other legal action against another (the defendant) in
court.
28.
EXCLUSIONARY RULE: A rule that forbids
the use of illegally obtained evidence in a criminal trial.
29.
OFFICE OF MANAGEMENT AND BUDGET: at the
federal level, an agency within the Office of the President responsible for (1)
preparing and presenting to
Congress the president’s budget; (2) working with the
Council of Economic Advisers and the Treasury Department in developing a fiscal
program; (3)
reviewing the administrative policies and performance of
government agencies; and (4) advising the president on legislative matters.
30.
CENSUS: population count, done every
ten years, it helps divide the voting districts
31.
GERRYMANDERING: is said to occur when
electoral boundaries are manipulated for political gain by using useful
techniques and strategies to create partisan,
incumbent-protected and neutral
districts. ( Drawing to the advantage of the political party that controls the
state legislature.)
32.
FILLIBUSTER: (talking a bill to death) various
tactics (usually long term speeches) aimed at defeating a bill in a legislative
body by preventing a final vote;
associated with US Senate.
33.
SUBPOENA: a legal order directing one
to appear in court and/or produce certain evidence.
34.
PERJURY: The act of lying under oath.
35.
CONTEMPT: 1, the feeling that a person,
act, or thing is mean, low, or worthless, scorn; despising. 2, a being scorned;
disgrace. 3, Disobedience to or open
disrespect for the rules or decisions
of a court of a lawmaking body.
36.
IMMUNITY: freedom
37.
CHECKS AND BALANCES: System of
overlapping the powers of the legislative, executive, and judicial branches to
permit each branch to check the
actions of the others.
38.
JUDICIAL REVIEW: Examination by a country's
courts of the actions of the legislative, executive, and administrative
branches of government to ensure
that those actions conform to the
provisions of the constitution. Actions that do not conform are
unconstitutional and therefore null and void.
39.
FEDERALISM: is
when the different levels of government (local, state, federal) share powers. Example: NCLB No Child Left Behind, was
mandated at a
federal level and carried out at the local level.
Schools must be in compliance with NCLB according to federal law. If schools
aren’t in compliance, they are taken over by the state.
40.
LIMITED GOVERNMENT: the idea that
government should NOT be all-powerful. Government cannot infringe on an
individuals rights. Ex.
Jordan suspects that Larry is a drug
dealer… Jordan must have a search warrant with the judge’s signature before he
can go inside Larry’s house.
41.
POPULAR SOVEREIGNTY: believes the power
is in the people
42.
TAXES: A charge levied by the
government on persons or property to meet public needs.
43.
ELECTORAL VOTE: Votes cast by electors in
the electoral college. A body of electors chosen to elect the President and
Vice President of the United States.
44.
PARDON: release of
punishment. Example: President Bush
gave a blanket pardon to thousands of illegal immigrants so they could become
citizens of the US
45.
TREATY: a formal agreement between two
or more sovereign states.
46.
EXECUTIVE AGREEMENT: An agreement made between the executive branch of the U.S.
government and a foreign government without ratification by the Senate.
47.
INCUMBENT: the current officeholder
48.
CABINET: presidential advisory body
traditionally made up of the heads of the executive departments and other
officers.
49.
BILL: A proposed law presented to a
legislative body for consideration.
50.
FULL FAITH AND CREDIT CLAUSE: The clause of the U.S. Constitution that provides that the
various states must recognize legislative acts, public records, and
judicial decisions of the other states
within the United States.
51.
PIGEON HOLING: when congress
allows a bill to fail in veto
52.
AFFIRMATIVE ACTION: the encouragement
of increased representation of women and minority-group members, especially in
employment.
53.
POCKET VETO: type of veto a chief
executive may use after legislature has adjourned when the chief executive does
not sign or reject a bill within the time limit
allowed to do so.
54.
EXECUTIVE PRIVILEGE: executives do not
have to turn over documents if they don’t want to.
55.
PETIT JURY: A jury of 12 to determine
the facts and decide the issue in civil or criminal proceedings.
56.
GRAND JURY: decides if there is enough
evidence to convict.
57.
EMINENT DOMAIN: Power of a government
to take private property for public use.
58.
REVERSE DISCRIMINATION: Discrimination
on the majority
59.
DEJURE SEGREGATION: Segregation by law,
with legal sanction. Example: At one time you had to pay a poll tax, any Jim
Crow Law
60.
DEFACTO SEGREGATION: Segregation even
if no law requires it, e.g., housing patterns. Example: Schools segregating
proms, black and white.
61.
EXPLAIN THE “GLASS CEILING” THEORY Idea
that females in corporate America can only go so far in rank/pay… they can only
move horizontally.
62.
WHAT MEASURES CAN A JUDGE TAKE TO
RESTRAIN PRESS COVERAGE OF A TRIAL?
DESCRIBE THE FOLLOWING CASES, RELATE EACH ONE TO AN
AMENDMENT,
& STATE THE SUPREME COURT’S RULING.
63.
SHEPPARD v MAXWELL (14th
Amendment, Due process Clause) Dr. Samuel Sheppard was convicted of murdering
his wife in a trial widely covered by national news media. Sheppard appealed
his conviction, claiming that the pretrial publicity had made it impossible to
get a fair trial. The Court rejected the arguments about “press freedom,” and
overturned his conviction, and ordered a new trial. As a result of the Sheppard decision, some
judges have issued “gag” orders limiting pretrial publicity.
64.
WEEKS v UNITED STATES: The Court upheld the
students’ First Amendment rights. Because students do not “shed their
constitutional rights to freedom of speech or expression at the schoolhouse
gate,” schools must show a possibility of “substantial disruption” before free
speech can be limited school. Students
may express personal opinions as long as they do not materially disrupt
classwork, create substantial disorder, or interfere with the rights of others.
In this case, the wearing of black armbands was a “silent, passive expression
of opinion” without these side effects and thus constitutionally could not be
prohibited by the school.
65.
MIRANDA v ARIZONA (5th
Amendment, rights of the accused) Arrested for kidnapping and sexual assault,
Ernesto Miranda signed a confession including a statement that he had “full
knowledge of [his] legal rights…” After conviction, he appealed, claiming that
without counsel and without warnings, the confession was illegally gained. The Court agreed with Miranda that “he must
be warned prior to any questioning that he has the right to remain silent, that
anything he says can be used against him in a court of law, that he has the
right to… an attorney and that if he cannot afford an attorney one will be
appointed for him…” Miranda firmly upheld citizen rights to fair trials
in State courts.
66.
GIDEON v WAINWRIGHT: (6th Amendment, right to counsel) In 1961 a
Florida court found Clarence Earl Gideon guilty of breaking and entering and
sentenced him to five years in prison. Gideon appealed his case to the Supreme
Court on the basis that he had been unconstitutionally denied couns during his
trial due to Florida’s policy of only providing appointed counsel in capital
cases. The Court granted Gideon a new trial, and he was found not guilty with the
help of a court-appointed attorney. The “Gideon Rule” upheld the 6th
Amendment’s guarantee of counsel of all poor persons facing a felony charge, a
further incorporation of Bill of Rights guarantees into State constitutions.
67.
PLESSY v FERGUSON (14th
Amendment, Equal Protection Clause) A Louisiana law required separate seating for white and
African American citizens on public railroads, a form of segregation. Homer
Plessey argued that his right to “equal protection of the laws” was violated.
The Court held that segregation was
permitted if facilities were equal. The
court interpreted the 14th Amendment as “not intended to give
Negroes social equality but only political and civil equality…” The Louisiana
law was seen as a “reasonable exercise of (State) police power…” Segregated
public facilities were permitted until the Brown v. Board of Education case
of 1954 overturned Plessey.
68.
DRED SCOTT v SANFORD: (5th
Amendment, individual rights) This
decision upheld property rights over human rights by saying that Dred Scott, a
slave, could not become a free man just because he had traveled to “free soil”
States with his master. A badly divided
nation was further fragmented by the decision. “Free soil” federal laws and the
Missouri Compromise line of 1820 were held unconstitutional because they
deprived a slave owner of the right to his “property” without just
compensation. This narrow reading of the Constitution, a landmark case of the
Court, was most clearly stated by Chief Justice Roger B. Taney, a States’
rights advocate.
69.
BROWN v BOARD OF EDUCATION: (14th
Amendment, Equal Protection Clause) An 10-year-old Topeka girl, Linda Brown,
was not permitted to attend her neighborhood school because she was an African
American. The Court heard arguments about whether segregation itself was a
violation of the Equal Protection Clause and found that it was, commenting that
“in the field of public education the doctrine of ‘separate but equal’ has no
place… Segregation is a denial of the protection of the laws.” The decision overturned Plessey v. Ferguson.
70.
KOREMATSU V US: I(14th
Amendment, Equal Protection Clause) In 1942, Franklin Roosevelt signed Executive Order 9066
allowing the US military to declare parts
of the US as military areas and thereby
exclude specific groups of people from them. The practical application was that
many Japanese-Americans were forced from their
homes and placed in internment camps
during World War II. Frank Korematsu, a US-born man of Japanese descent,
knowingly defied the order to be relocated, was arrested,
and convicted. His case went to the
Supreme Court where it was decided that exclusion orders based on Executive
Order 9066 were in fact constitutional. Therefore, his
conviction was upheld. The Korematsu decision was significant
because it ruled that the United States government had the right to exclude
and forcibly move people from designated areas based on their race. The
decision was 6-3 that the need to protect the United States from espionage and
other wartime acts was more important than Korematsu's individual rights. Even
though Korematsu's conviction was eventually overturned in 1983, the Korematsu
ruling concerning the creation of exclusion orders
has never been overturned.
71.
ROPER V SIMMONS: ( 6th
Amendment) Speedy and fair trial)
A juvenile offender
was convicted of murder at age 17 and then sentenced to the death penalty the
following year despite having been under 18 at the time of the offence. Issue and Resolution:
Capital punishment
of children. The death penalty may not be imposed for offences committed
before reaching age 18 because doing so would violate the U.S. Constitution's
prohibition of "cruel and unusual punishment". Court reasoning:
Executing an offender
for a crime committed while still a juvenile would conflict with the
"standards of decency" in the United States, as evidenced by trends
across the states and internationally. Additionally, three general differences
between juveniles and adults demonstrate that juveniles cannot be classified
among the worst offenders worthy of the death penalty: (1) juveniles lack
maturity and a developed sense of responsibility, (2) juveniles are more
susceptible to negative influences and outside pressures, and (3) the character
of a juvenile is not as well formed as that of an adult. It is also unlikely
that the death penalty has any measurable deterrent effect on juveniles. Dissent:
There is no consensus across
the country against the juvenile death penalty; states are well within their
rights to execute juvenile offenders.
72.
ROE v WADE: (9th Amendment,
right to privacy) A Texas woman challenged a State law forbidding the
artificial termination of a pregnancy, saying that she
“had a fundamental right to privacy.” The Court upheld a
woman’s right to choose in this case, noting that the State’s “important and
legitimate interest in protecting the potentiality of human life” became “compelling”
at the end of the first trimester, and that before thane, “… the attending
physician, in consultation with his patient, is free to determine, without
regulation by the State, that... the patient’s pregnancy should be terminated.” The decision struck down the State regulation
of abortion in the first three months of pregnancy and was modified by Planned
Parenthood of Southeastern PA v. Casey, 1992.
73.
REGENTS OF THE UNIVERSITY OF CALIFORNIA
v BAKKE June 28, 1978 Court indicated that it would consider discrimination and
affirmative action questions
on a case by case basis. Issued a narrow ruling that
invalidated the medical school’s special admission program and directed the
regents to admit Bakke. (agreed with Bakke)Decision: Ruled in favor of Bakke by finding the
school's special admissions program unconstitutional because of its use of
quotas and that Bakke should be admitted. Significance: The Court
ruled that race could be one factor among several considered for admissions,
but it could not be the only factor considered. Since race could be considered,
the ruling was the first court approval of affirmative action. Based on the
ruling, quota systems used in affirmative action programs were out but race
could be considered if other factors were also considered. This concession that
race could be used as a factor was at least a partial victory for affirmative
action and demonstrators who had filled the streets. As is often the case, the
divided or split decision seemed to allow more room for differing applications
across the country. For example, universities with strong affirmative action
programs used the part that the race factor could continue to help them build
strong multiracial communities. On the other hand, schools that had always been
reluctant in racially integrating their campuses used the decision to abandon
attempts at affirmative action. Affirmative action continued to be a
controversial topic in the 1990s. In 1995 demonstrators in California again
took to the streets in support of affirmative action programs at the state
universities. President Bill Clinton made his famous speech on affirmative
action in July of 1995 saying to "mend it, but don't end it."
However, in 1996 Californians voted to ban existing state government
affirmative action programs. The issue remains controversial and complex.
OTHER
TERMS:
Indirect
Veto: when the president allows a bill to die.
Fasting growing minority group: Asian
Largest minority group: Hispanic
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