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U.S./VA Government Final Exam Review

U.S./VA Government Final Exam Review. 2012. REPUBLIC. system of government which is an indirect form of democracy and puts political decisions one step away from the people From Rome Representative Democracy. CONFEDERAL.

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U.S./VA Government Final Exam Review

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  1. U.S./VA Government Final Exam Review 2012

  2. REPUBLIC • system of government which is an indirect form of democracy and puts political decisions one step away from the people • From Rome • Representative Democracy

  3. CONFEDERAL • Prior to the US Constitution, the United States had an alliance of independent states with a degree of national unity as a form of government. • United under the Articles of Confederation • One of three forms: Unitary, Confederal, Federal

  4. FEDERALISM • The form of government where power is divided between a central and regional or state government . • Unique to US • Based on Constitution-Expressed, implied, inherent and reserved powers

  5. 4 CHARACTERISTICS OF A STATE: • TERRITORY • SOVEREIGNTY • GOVERNMENT • POPULATION • Approx. 195- Nation-states • Key is sovereignty

  6. THOMAS HOBBES • The political thinker who felt man was basically evil and needed a repressive form of government to keep people from being at war with one another. • Social Contract-just a powerful government • Negative view of humankind- at “warre”-need fear of gov’t to be kept in line

  7. DIVINE RIGHT • The concept of a “Mandate from Heaven” is the basis for most monarchies as the right to rule designated by God. • Basis for most autocratic governments, monarchies

  8. SOCIAL CONTRACT • A government that is formed as a result of people agreeing among themselves to submit to the authority of the state. • Give up something- get something in return • John Locke** also Rousseau, Hobbes

  9. INDIVIDUAL WORTH • The notion of “All men are created equal.” • Inherent/unalienable rights • Humanity transcends other factors-wealth, race, gender, etc.

  10. LIBERTY • Often used to mean freedom. • TJ- “The Price of liberty is eternal vigilance” • P. Henry- “Give me liberty, or give me death” • “Give me your tired, your poor, Your huddled masses yearning to breathe free… “

  11. WEAKNESS IN THE ARTICLES • The inability of the Government to tax was a weakness of the Articles of Confederation. • Unicameral • No executive • No judicial • 9 of 13 to approve anything, unanimous to amend. • Successes: NW Land Ordinance, Treaty of Paris

  12. TAXATION w/out REPRESENTATION • The primary objection of England placing taxes on the colonies was over the fact that the colonist did not have any representation in parliament. • “Virtual representation” • Ended salutary neglect • Not the taxes themselves- but no representation

  13. DECLARATION OF INDEPENDENCE • The major point of the Declaration of Independences that Jefferson addressed was that when a government disregarded the will of the people, they had the right to OVERTHROW their government. • T. Jefferson author- influenced by John Locke, Thomas Paine, George Mason and others • Like a divorce paper

  14. CIVIC VIRTUE • refers to placing the common good over individual selfish interest. • Basis for limited government- why? • Foundational to a civil society

  15. POWER in the ARTICLES • Under the Articles of Confederation, most governmental power was held by the STATES. • No power to regulate interstate trade • No power to tax • Most saw themselves as a “Virginian or New Yorker”, not a US citizen

  16. JOHN LOCKE • English philosopher who is known for his ideas on natural rights. • Life, liberty, and property • Two Treatises of Civil Government • Argued for separation of church and state

  17. JAMES MADISON • The “Father of the Constitution.” • Author of the Federalist Papers • Proposed the Virginia Plan • 4th president

  18. MONTESQUIEU • French philosopher who is given credit for the concept of separation of powers. • On the Spirit of Laws • Government should be based on laws and popular sovereignty

  19. GREAT COMPROMISE** • Connecticut Compromise: William Patterson • VA PLAN—representation was based on population (big states favored this idea. • HOUSE OF REPRESENTATIVES • NJ PLAN—equal representation (small state plan). • SENATE

  20. 3/5ths COMPROMISE • had to do with determining how slaves would be counted for both taxation and representation. • Counted for both representation & taxation

  21. ELECTORAL COLLEGE • the number of electors a state has is equal to their representation in CONGRESS • the group that actually elects the president. • 538 electors—equal to the number of members that a state has in Congress. • It takes 270 votes in the college to be elected president. • All but 2 states have a winner-take-all method • Can win popular vote-lose the elcetion

  22. ANTI-FEDERALISTS • the Constitution DID NOT protect individual rights. • Wanted a Bill of Rights • Patrick Henry, George Mason, Samuel Adams

  23. FEDERALIST PAPERS • written by Hamilton, Jay and Madison; purpose was to argue in defense of ratifying the Constitution. • Trying to influence New York and Virginia to ratify the Constitution • Countered arguments that the new government would be too powerful • 85 Essays- in newspapers

  24. BILL OF RIGHTS • refers to the first 10 Amendments to the Constitution. • Protects civil liberties • 10 Amendments • Ratified in 1791

  25. RATIFYING an AMENDMENT • Proposed either by congress 2/3rds of both houses (26) or by a proposal by a National Convention-called by 2/3rds state legislatures • The final step in ratifying an amendment is approval of 3/4ths of the State legislatures (26) or by ¾ of states in a special state convention (27)

  26. LEGISLATIVE BRANCH • Branch of government responsible for passing laws. • Bicameral • Article I in the Constitution • Senate • House of Representatives

  27. SUPREME COURT • Has the ultimate authority to determine if a law is constitutional. Judicial Review • 9 members- Chief Justice, 8 associate Justices • Nominated by President, confirmed by the Senate • Rule of four • Writ of certorari

  28. JUDICIAL REVIEW • was established by the Supreme Court case, Marbury v. Madison. • the power of the judicial branch to check the power of the legislative and executive branches by declaring their acts unconstitutional. • Key check and balance of Judicial Branch

  29. 16th AMENDMENT • gave the power for the federal government to collect an INCOME TAX. • Progressive Era • Major source of revenue for the federal government • Progressive tax- >$>tax %

  30. VETO • Is the primary check of the executive on the legislative branch • Congress can override w/ 2/3 supermajority

  31. POPULAR SOVEREIGNTY • The notion of “We the People.” • Idea that government is created by and subject to the will of the people. • Ultimate power of government resides with the people

  32. EXPRESSED POWERS • A power of the Congress to declare war is an example of an EXPRESED power. • The duty of the Commander in Chief is an expressed power of the EXECUTIVE. • Enumerated in the US Constitution-Article I & II

  33. APPROPRIATIONS of MONEY • All bills that have to do with appropriations of money must originate in the HOUSE OF REPRESENTATIVES. • Power of the purse

  34. ELASTIC CLAUSE • Article I, Section 8, Clause 18 • is the basis for most IMPLIED powers • “necessary & proper” • Loose vs. strict construction

  35. SUPREMACY CLAUSE • Article VI (6) of the US Constitution makes it clear that it is the FEDERAL law that takes precedent over state and local laws. • All state laws must not violate federal statute

  36. EX POST FACTO LAW • Article I, Section 9 forbids all levels of government from trying a person for a crime committed before it was made illegal. • After the fact

  37. FULL FAITH & CREDIT CLAUSE • Article IV of the US Constitution requires that states must honor the acts and court proceedings of other states. • Reciprocity between states • Extradition of criminals

  38. CONGRESS • Members of Congress represent their CONSTITUENTS. • HOUSE OF REPRESENTATIVES— • 2yr terms • 435 representatives • 7 years of citizenship to be a congressman • SENATE— • 6yr terms • 100 members • 9 years of citizenship to be a senator • 1/3rd up for re-election each Congressional

  39. CHIEF JUSTICE of the SUPREME COURT • person who would serve as the judge for an impeachment trial for the president or vice-president. • Chief Justice John Roberts • John Marshall- early 1800’s perhaps most influential

  40. HABEAUS COPRUS • requires the government to present a person in court to inform them of the charges being placed against them. • “bring the body forward”

  41. 12TH AMENDMENT • ratified to make sure separate votes were cast for the president and vice-president, to avoid the problem which surfaced during the election of 1800. • Adams v. Jefferson • Tie between Jefferson and Aaron Burr- both Democratic-Republicans

  42. GERRYMANDERING • The practice of drawing district boundaries to the political advantage of the party in power. • Can’t disenfranchise suspect classifications of people: Race, ethnicity

  43. JOHN BOEHNER • currently the SPEAKER OF THE HOUSE of Representatives. • SPEAKER OF THE HOUSE—the person who is next in line for the presidency, behind the vice-president • Leader of the majority party

  44. 17TH AMENDMENT • provided for the direct election of senators. • Progressive era reform • Previously selected by state legislatures

  45. STANDING COMMITTEES • The permanent committees of the House and Senate. • Legislators handle their primary responsibilities & work in committees. • 20 in the House/16 in the Senate

  46. a BILL into a LAW • Must be passed by both the House and the Senate • A bill does not be come a law until the PRESIDENT signs it, or 10 day days pass while Congress is in session, without his signature.

  47. GOVERNORS • has the authority to appoint a new senator, should a seat become vacant. • Chief Executive for the State • Virginia’s- Robert McDonnell • 4 year terms • Can’t serve Consecutive terms-in Virginia

  48. FILIBUSTER & CLOTURE • Unlimited debate in the Senate, used to delay taking action on a bill. • Can be ended by a cloture rule of 60- 60 out of 100 senators must agree to cloture to end senate debate • Senate has to be dominated by one party

  49. FEDERAL ELECTIONS • Every TUESDAY after the first MONDAY in the month of NOVEMBER, every EVEN numbered year. • Presidential Election- November 6, 2012

  50. 8TH AMENDMENT • Forbids CRUEL & UNSUAL PUNISHMENT. • Ongoing debate regarding capital punishment • Furman V. Georgia, Gregg v. Georgia • 38 states allow it- few use it

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