GOVERNMENT: foundations of US gov

Question 1

key political documents:
- Magna Carta
- Petition of rights
- English Bill of Rights
- Mayflower Compact

Answer 1

a. Magna Carta: signed by King John of England in 1215- granted “to all freemen of our kingdom” a collection of rights and liberties (due process)
- the Bill of Rights based on this document

b. Petition of Rights: passed by the English Parliament in 1628- limited the King’s powers and addresses: no taxation w/ rep, no housing soldiers on subjects, and no martial law in peacetime

c. English Bill of Rights: list of provisions presented by Parliament to William and Mary when they assumed the crown- included the right to a fair trial and freedom from cruel and unusual punishment

d. Mayflower Compact: before landing in Plymouth, the Pilgrims signed this agreement to enact and submit “just and equal laws..for the general good of the colony” - the first gov. at Plymouth Colony arose from this document

Question 2

key political documents:
- Massachusetts Body of Liberties
- Common Sense
- Declaration of Independence
- Articles of Confederation
- the Federalist Papers

Answer 2

a. Massachusetts Body of Liberties: legal code established in 1641- specified individual liberties and judicial prohibitions against “inhuman, barbarous, or cruel” punishments

b. Common Sense: written by Thomas Paine in 1776- the first to demand independence from England and helped to unite the colonists toward revolution

c. Declaration of Independence: signed in 1776- declares the US’ independence from Britain

d. Articles of Confederation: approved by Congress in 1777- called for a “firm league of friendship” among the states and specified both state and federal legislative powers

e. the Federalist Papers: 85 essays written by Alexander Hamilton, John Adams, and John Lay in 1787-88 - to urge states to ratify the Constitution

Question 3

key political documents:
- Northwest Ordinance
- Virginia and Kentucky Resolutions
- Washington’s Farewell Address
- Seneca Falls Declaration of 1848

Answer 3

a. Northwest Ordinance: enacted in 1787- laid out guidelines for the creation of new states in the Northwest Territory

b. Virginia and Kentucky Resolutions: addressed the division of power between state and federal gov. they argued that the fed. gov. had only those powers that were constitutionally granted and states could nullify federal laws that overstepped

c. Washington’s Farewell Address: 1796, refusal to seek a third term as the president led to the practice of limiting presidents to 2 terms

d. Seneca Falls Declaration of 1848: written by Elizabeth Cady Stanton and Lucretia Mott - modeled after the Declaration of Independence, arguing equal rights of women, including right to vote

Question 4

the principles of the US Constitution

Answer 4

a. popular sovereignty
b. limited gov.
c. constitutional supremacy
d. separation of powers - certain powers assigned to each of the branches
e. checks and balances
f. federalism
g. judicial review

Question 5

the major responsibilities of the 3 branches of gov.

Answer 5

a. Legislative (Congress and House of Reps.): lawmaking, all laws must be approved by Congress before going into effect. responsible for regulating $$ and trade, approving presidential appointments, and establishing organizations like the postal service and federal courts
- can also propose amendments to the Constitution, can impeach, and declare war

b. Executive (president, vice president, cabinet members): carries out laws, treaties, and war declarations enacted by Congress. can veto bills approved by Congress, and serves as commander in chief of the US military
- appoints cabinet members, ambassadors to foreign countries, and federal judges

c. Judicial (Supreme Court): makes decisions on challenges as to whether laws passed by Congress are constitutional. may also choose to review decisions made by lower courts

Question 6

the Bill of Rights

Answer 6

1. freedom of speech, religion, press, and the right to assemble and petition the gov.
2. the right to bear arms
3. congress can’t force individuals to house troops
4. protection from unreasonable search and seizure
5. no individual is required to testify against himself or be tried twice for the same crime
6. right to criminal trial and legal counsel
7. right to civil trial by jury
8. protection from excessive bail or cruel and unusual punishment
9. prevents rights not explicitly stated in the Constitution from being taken away bc they aren’t named
10. any rights not directly delegated or prohibited to the national gov. belong to the states or to the people

Question 7

key decisions made by the Supreme Court (pt. 1)

Answer 7

a. Marbury v. Madison (1803)
b. McCulloch v. Maryland (1819)
c. Cohens v. Virginia (1821): recognized the authority of the Supreme Court to review court decisions
d. Gibbons v. Ogden (1824): ruled that the commerce clause of the Constitution grants the fed. gov the power to regulate interstate commerce
e. Plessy v. Ferguson (1896): upheld the practice of racial segregation as long as facilities were “separate but equal)
f. Schenck v. US (1919): specified that speech is not protected if it presents a “clear and present danger”
g. West Virginia State Board of Education v. Barnette (1943): specified that policies requiring students to recite the Pledge of Allegiance or salute the American flag violated the students’ 1st amendment rights

Question 8

key decisions made by the Supreme Court (pt 2):

Answer 8

a. Brown v. Board of Education (1954): ruled that “separate but equal” went against the 14th Amendment
b. Gideon v. Wainwright (1963): established that state courts must provide attorneys to represent criminal defendants who can’t afford counsel
c. Miranda v. Arizona (1966): established that police must inform individuals of their rights when they’re questions as suspects in crime
d. New York Times Co. v US (1971): established the right to free speech under the 1st amendment
e. US v. Nixon (1974): ruled that executive privilege has limits
g. Roe v. Wade: struck down on laws prohibiting first-trimester abortions
h. Regents of the Uni. of California v. Bakke (1978): ruled that educational admissions decisions could be based in part on race, although quota systems were explicitly prohibited

Question 9

how the US presidential election works

Answer 9

a. presidential candidates are selected through a primary election or a caucus. once a candidate is elected, they’re represented by a delegate (a local leader or activist)
- caucus: a meeting held among registered party voters to determine their preferred candidate

b. the “primary season” ends w/ the national party convention - to become a presidential nominee, a candidate has to win a majority of delegates

c. the candidates then go into a general election
- the president w/ the most electoral votes wins the election
- popular votes means the candidate wins the state, doesn’t mean they win the overall election

Question 10

congressional elections (senate and house of reps.)

Answer 10

a. citizens elect 2 senators to serve 6-year terms

b. representatives to the House of Reps serve 2-year terms and are elected within a district, each one having approximately equal population

Question 11

factors that influence voters

Answer 11

a. campaign advertisements, slogans, photos, and issues

b. whether its a presidential election year

c. whether the issues are personally relevant or controversial

d. the length of the ballot: voters may experience “ballot fatigue” when its too long

e. family member opinions

f. demographic characteristics: income and/or educational level, career, age, where they live

Question 12

citizen participation in politics

Answer 12

a. voting
b. campaigning for candidates
c. writing to legislators
d. circulating petitions
e. participating in protest marches
f. running for office or accepting an appointed position

Question 13

rights, duties, and responsibilities of citizens

Answer 13

a. rights: - to vote and hold elected office
- use your voice and practice own religion
- to have a fair trial and be protected by gov. when working or traveling to other countries

b. duties: - obeying the laws
- defending the nation and serving on a jury or witness in a court
- paying taxes and attending school

c. responsibilities: - the common good: contribute to the well-being of all members of society
- voting and holding gov. office
- work on election campaigns and serve the community

Question 14

significant laws, landmark court case, and political movements that altered or influenced US politics

Answer 14

a. ratification of the 3 constitutional amendments that led to the enfranchisement of African Americans (13th, 14th, and 15th Amendments)

b. passage of “Jim Crow” laws intended to segregate and/or deny rights to African Americans

c. the women’s suffrage movement that led to the 19th amendment granting women the right to vote

d. the 26th amendment (1971): giving 18 year olds the right to vote in all elections

Question 15

checks and balances: the powers granted to each branch

Answer 15

a. legislative: control appropriations, impeach judges or the pres., confirm or refuse to confirm executive appointments, reorganize the court system, approve or refuse treaties, and override presidential vetoes

b. executive: veto laws, call special sessions of Congress, appoint federal judges, pardon federal offenders, and propose the federal budget

c. judicial: interpret laws and treaties and declare Congressional or executive acts unconstitutional

Question 16

how a bill becomes a law

Answer 16

1. the bill’s introduced in house
2. committee action: its referred to standing committee for study, hearings, revisions, and approval
3. rules committee: the Rules Committee sets conditions for debate and amendment on the floor
4. floor action: the bill’s debated, then passed or defeated - if passed then it goes to the Senate
5. bill’s introduced in Senate
6. committee action: bill’s referred to standing committee for study
7. floor action: bill’s debated, then passed or defeated
8. conference committee: Conference committee resolves differences between House and Senate versions of bill
9. congressional approval: House and Senate vote on final passage - approved bill’s sent to the pres.
10. presidential action: the pres. either signs or vetoes the bill, or allows it to become law w/ out signing

Question 17

the role lobbyists and special interest groups and how state laws are put into place

Answer 17

a. lobbyists: represent special interest groups and conduct research on the issues raised in important bills, testify at congressional hearings, and meet w/ members of Congress to persuade them to vote in a particular way

b. creating state laws vary by state. most state laws are created by state legislatures (except for Nebraska who has a unicameral legislature)
- some laws are created by initiative, citizens can propose laws w/ petitions signed by a % of registered voters
- the referendum process: a proposal from the legislature is put directly to the voters to approve or reject
- recall procedures are only directed to making laws: recalls are votes to remove elected officials from office

Question 18

independent governmental agencies:
- The Federal Trade Commission
- The Federal Communications Commission

Answer 18

a. The Federal Trade Commission: provides consumer protection and education. it ensures that products are safe and advertising is truthful (credit is given fairly and reported accurately), and individuals are protected against identity theft
- promote and protect free and vigorous competition by banning unfair business practices and preventing mergers that lead to monopolization and price fixing, bid rigging, and refusals to deal

b. The Federal Communications Commission: regulates interstate and international communications by radio, tv, wire, satellite, and cable. they analyze complaints, conducts, investigations, and offers consumer education

Question 19

independent governmental agencies:
- the Consumer Products Safety
- the Securities and Exchange Commission

Answer 19

a. the Consumer Products Safety: protects the public from unreasonable risks of serious injury or death from consumer products. provides info about product recalls, collects reports of injury or death resulting from consumer products, and publishes info on a range of consumer safety issues

b. the Securities and Exchange Commission: protects investors and regulates financial markets. develops laws governing the securities industry and coordinates US securities regulation w/ federal, state, and foreign authorities

Question 20

independent governmental agencies:
- the National Labor Relations Board
- the Equal Employment Opportunity Commission

Answer 20

a. the National Labor Relations Board: regulates relations between employers and employees and enforces federal labor laws. protects workers’ right to unionize, strike, and bargain collectively

b. the Equal Employment Opportunity Commission: investigates charges of discrimination brought by workers against employers. they have the authority to file lawsuits when discriminatory practices affect individuals or the public interest

Question 21

government corporations

Answer 21

a. provides public services
- the US Postal Service
- the Tennessee Valley Authority: provides electricity for utility and business customers
- the Federal Deposit Insurance Corporation: established to support the banking system. insures deposits in banks and protects the economy when a bank fails by selling/collecting the assets of the failed bank and settling its debts
- the Commodity Credit Corporation: supports the production and marketing of agricultural commodities

Question 22

executive agencies

Answer 22

a. under direct control of the president
- the National Science Foundation: supports research in science and engineering through limited-term grants to investigators at universities, colleges, and independent research institutions
- the Environmental Protection Agency: ensures environmental justice throughout the nation
- the National Aeronautics and Space Admin” supports the research and scientific discovery in flight technology, earth and space science, and exploration

Question 23

the 4 major sources of US law:

Answer 23

1. constitutional laws: interpretations of the principle outlined in the US constitution and state constitutions
2. statutory laws: written by Congress or state legislatures
   - EX. the Individuals w/ Disabilities Education Act of 1997 established laws regarding states’ responsibilities to provide students w/ disabilities a free and appropriate education
3. case laws: decisions of judges based on their interpretations of existing laws
4. administrative laws: regulations written by gov. administrative agencies

Question 24

difference between civil and law crimes and court

Answer 24

a. civil law: the plaintiff takes legal action against someone whose wronged them (defendant)
b. civil court: the court can judge that a defendant owe a plaintiff $$ (compensation, punitive damages)

c. criminal law: body of law that deals w/ crime and the legal punishment of criminal offenses
d. criminal court: seeks to punish someone for committing a crime

Question 25

elements of foreign policy

Answer 25

a. defense, which is primarily to deter and respond to aggression. EX. a component of US defense policy is the development of military technology

b. treaties and alliances w/ other countries, which allow the US to share resources and responsibilities and to ensure mutual defense (EX. NATO)

c. diplomacy, which involves communication and negotiation w/ reps from other countries

d. foreign aid to other nations, especially developing countries or those experiencing civil unrest or natural disaster

e. terms of trade, including tariffs and sanctions

f. intelligence, which involves gather info about other countries - the CIA is the primary organization that provides foreign intelligence to the US gov.

Question 26

government departments the president works w/ for the development of foreign policy

Answer 26

a. the State Department, headed by the Secretary of State: the role of the State Department is to make policy and handle diplomatic matters on behalf of the pres.
- also serves on the National Security Council to advise the pres. on all matters of national safety

b. the Defense Department, headed by the Secretary of Defense, which makes and carries out defense policy
- Defense Department includes the Joint chiefs of staff (i.e. the highest-ranking members of the Army, Navy, and Air Force) and all members of the armed forces

c. ambassadors who are appointed by the pres. to serve as official reps and/or liaisons to other countries and sovereign states

Question 27

state governments

Answer 27

a. each state has its own written constitution specifying the laws of the state, but do not conflict w/ the Constitution. state constitutions also define the executive, legislative, and judicial branches

b. legislative: all states except Nebraska have a bicameral legislature. reps and senators are elected from districts by popular vote - follows the same responsibilities as the gov. legislative branch

c. executive: governors are elected through popular vote to serve as the chief executive officer. the governor works w/ state executive agencies to keep the gov. running

d. judicial: includes trial courts that hear civil/criminal cases, appellate courts that review cases appealed from trial courts, and a state supreme court (the highest authority in the state)

Question 28

local governments

Answer 28

a. local govs are created by the states to meet citizens’ needs. their primary responsibility is to ensure the health of the local area, and they can levy taxes and incur some debt
b. 3 forms of local govs:
> the mayor-council gov.: includes an elected council headed by an elected mayor

> the council-manager gov.: includes an elected council, an elected mayor whose position is ceremonial and shares managerial duties w/ others, and a professional manager named by the council to serve as chief administrative officer

> the commission gov.: includes a board of elected commissioners who head the departments of the gov.

Question 29

relations among federal, state, and local gov.

Answer 29

a. the relation between federal and state govs is often cooperative
- the fed gov offers monetary assistance (i.e. loans and grants) to help states implement key programs
- cooperation typically occurs when issues affect the common good of the country

b. the fed gov has little influence over local gov, but many states have the power to determine the structure of local gov → a unitary relationship

c. the relation between state and local gov is usually cooperative - often work together to solve problems or make plans for a city or local area