American Government Final Exam Study

SessionComplete your Study Guide as we Review.

The 3 Branches of Government

1. The Legislative Branch◦ Makes the Laws

2. The Executive Branch◦ Enacts the Laws

3. The Judicial Branch◦ Interprets the Laws (in light of the Constitution)

Question #1

Discuss what the term impeachment means as well as the situations in which it has been used.

The term impeach means to indict (formal accusation) for crime.

It does not necessarily mean the person is removed from office. That occurs only if they are convicted in the Senate.

There have been other federal officials, including several Judges (14), who have been impeached.

Some of them (7) were convicted.There have only been two Presidents who have been

indicted (impeached) for their crimes. Neither was convicted.◦Andrew Johnson for Tenure of Office Act

Senate failed to convict by one vote◦Bill Clinton for Perjury and Obstruction of Justice

Senate failed to convict by 17 votes

Question #2

Identify the three types of Powers granted to Congress and which clauses go with the powers.Expressed Powers = Enumerated

◦Article I: Section 8: Clause 11 War Powers Clause

Implied Powers◦Which stem from Article I: Section 8: Clause 18

“Necessary and Proper” Clause / The “Elastic Clause”Inherent Powers

◦Article I: Section 8: Clause 3 Commerce Clause

It would be good if you understood the Article, what a clause is, and why these three clauses are important

Question #3

Describe the process for how a bill can become a law

Most bills die here.

Unique to House

Question #4

List the various leadership roles within the Congress, and their duties and responsibilities.

Speaker of the House◦Most powerful member◦Follows the VP in line of

Succ.◦Presides and keeps order◦Major role in com.

assignmentsPresident of Senate (V.P.)

◦Can oversee session, but cannot debate

◦Votes only in a tie◦Not chosen by Senate

◦Mostly ceremonial President Pro Tempore

◦Presides in the absences of the VP

◦Elected by the Senate itself◦Leading member of the

majority party – usually longest serving member

◦Not as powerful as the Speaker

Question #5

List the various leadership roles within the Congress, and their duties and responsibilities. (cont’d.)

Floor Leaders◦Majority and Minority◦Most powerful members

after Speaker◦Parties chief

spokespeople◦Selected through party

caucuses ◦Helps pass laws their

party wants

Whips◦Majority and Minority◦Assistant floor leaders◦Serve as Liaisons

(gossips)

Question #5 (cont’d)

List and discuss the various committees within Congress and their differences.

Standing Committees – permanent, handle bills, specialize in one subject◦House Rules, Ways and Means, Appropriations

Select Committees – temporary, set up for specific purpose◦Committee to investigate Watergate Scandal

Joint Committees – temporary or permanent, includes members of both houses◦The Library, Printing

Conference Committees – temporary, work to compromise when both houses pass different versions of the same bill

Question #6

Know the qualifications (including informal) for holding office in the Executive BranchExecutive Branch

Formal Qualifications ◦35 years old◦Natural Born Citizen◦A resident of the US for at

least 14 years. Executive Branches

Informal Qualifications◦ Military service ◦ Government experience ◦ Television presence –

name recognition, photogenic and articulate

◦ College education ◦ Married with kids◦ Money (inherited, by

marriage, personal fortune)

◦ Religious faith◦ Character◦ Proof of Citizenship◦ A “story” – war hero,

peanut farmer, actor, etc.◦So far, male◦ Perceived as being in the

political mainstream

Question #7

Know the qualifications (including informal) for holding office in the Legislative BranchHOR (formal)◦25 years old◦7 years a US Citizen◦A resident of the state

Senate (formal)◦30 years old◦9 years a US Citizen◦A resident of the state

Informal Qualifications for both houses◦Party identification◦Name familiarity◦Gender◦Religion◦Ethnic characteristics◦Political experience

Question #7 (cont’d)

Know the qualifications (including informal) for holding office in the Judicial Branch

There are no formal qualifications for being a judge

Informal Qualifications◦Lawyer◦A record of political activity◦Age

Question #7 (cont’d)

Identify the five roles of a member of Congress and identify which is the role where most of the official business is done?

1. Lawmaking2. Representing their constituents3. Servants of their constituents4. Committee Members5. Politicians

Question #8

Judicial Review

Judicial Review

Powers are listed in the blue boxes

Arrows = Checks & Balances

Question #9

Compare and Contrast separation of powers with checks and balances.

Separation of Powers is a model of government in which different parts of the government are responsible for different functions; in the US these different areas Legislative, Executive, and Judicial. ◦References to an institution◦Each institution does not depend on the other to exist

Checks and Balances is a means of trying to ensure that no one of the above mentioned areas can operate completely on its own◦Method of governance

Both operate to maintain the republic

Question #10

Define the United States Constitution and its purpose.Definition◦Document that created the present government of

the United States. Written in 1787 and went into effect in 1789. It establishes the three branches of the US government.

◦The Bill of Rights explains the basic rights of all American citizens

Purpose◦Establish a federal government◦Delegate to the federal government certain limited

powers

Question #11

Discuss the intentions of the Framers in regard to creating a legislature through the Constitution.

Their intentions were to be cautious and to create a legislature whose power would be adequate, but limited.

 They believed that the best way to safeguard against tyranny is to separate the powers of government among three branches so that each branch is able to restrain (or “check”) the power of the other two. 

Question #12

List the duties and responsibilities of the PresidentRoles

1. Chief of State2. Chief Executive3. Chief Legislator4. Chief Administrator5. Chief Diplomat6. Commander in Chief7. Chief Economic Planner

Unofficial Leader of his/her party

Question #13

List the duties and responsibilities of the President

Presidential Powers

(Expressed)◦Command the armed forces◦Make treaties◦Approve or veto acts of

Congress◦Send and receive

diplomatic Representatives◦Grant pardons and

reprieves

◦See that laws are faithfully executed

◦Appoint Federal Judges, Cabinet members, and other government employees

Presidential Powers (Implied)◦Powers to issue Executive

Orders◦Removal Powers

What are the Executive Branch’s informal powersExecutive OrdersExecutive AgreementsExecutive Privilege

Question #14

Executive Orders: Orders issued by the President that carry the force of law◦FDR’s Interment of Japanese Americans during

WW2◦Truman’s integration of the military during the

Korean War◦Clinton’s “Don’t Ask Don’t Tell Policy” ◦GWB trying suspected terrorists in military

tribunals

What is an Executive OrderQuestion #15

What is an Executive Agreement? (Cont’d)

Executive Agreements: International agreements made by a President that has the force of treaty, but (unlike a treaty) do not require Senate approval.◦Jefferson’s Louisiana Purchase◦GHW Bush trade agreement with Japan re: auto

industry◦GWB’s announced cuts in the US nuclear arsenal

without a treaty.

Question #15

Executive Privilege: claim by presidents that they have the discretion to decide that the national interest will be better served if certain if information is withheld from the public (people, courts, and Congress)◦Nixon’s refusal to turn over the Watergate tapes◦Clinton’s refusal to turn over evidence re: alleged

affair with Monica Lewinsky

What is Executive Privilege? (Cont’d)

Question #15

Differences between the House of Representatives and the Senate

Que

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16

Identify the most influential committees in each house of Congress.House Rules – they decide what

bills will be voted on.House Ways & Means – they

decide how money will be spent.Senate Appropriations – they decide

how money will be spent.

Question #17

Define Judicial Review, provide the court case which gives the Supreme Court precedent, and then discuss judicial review’s purpose. Judicial Review – the doctrine under which

legislative and executive actions are subject to review (and possible invalidation) by the judiciary.

The Court’s power to declare laws or actions to be Unconstitutional.

Supreme Court Case – Marbury v. MadisonPurpose - judicial review is considered a key

check on the powers of the other two branches of government by the judiciary

Question #18

Know the following court cases:1. Marbury vs. Madison – Established the power

of Judicial Review for the Court2. McCulloch v. Maryland –

Established federal supremacy. States cannot tax the federal government.

3. Miranda – Requires police to inform accused criminals of their constitutional rights.

4. Brown vs. Board of Edu. – Reversed the Court’s earlier decision in Plessy. The Brown decision outlawed the “separate, but equal” doctrine.

Question #19

Define the United States Constitution and its purpose.Definition◦Document that created the present government

of the United States. Written in 1787 and went into effect in 1789. It establishes the three branches of the US government. The BOR explains the basic rights of all American citizens

Purpose◦Established a federal government◦Delegated to the federal government certain

limited powers.

Question #20

Constitution (cont’d)

Articles & Amendments◦Article 1 – Legislative Branch◦Article 2 – Executive Branch◦Article 3 – Judicial Branch

Know the following Amendments

1st Amendment – Freedom of Speech, religion, press, assembly, petition / protest the govt.

5th Amendment - grand jury indictment, eminent domain, due process, self-incrimination, and double jeopardy

10th Amendment – limits powers delegated to federal govt.

13th Amendment – abolishes slavery and involuntary servitude

14th Amendment – expanded due process rights to states as well as federal

15th Amendment – can’t deny someone the right to vote based on race, color, or previous condition of servitude

22nd Amendment – presidential term limits

Question #21

Define the Supremacy ClauseSupremacy Clause (Article VI) – the

Constitution is the “Supreme Law of the Land”

Question #22

Declaration of Independence

Jefferson’s biggest influence when writing the Declaration of Independence was John Locke.

John Locke believed in the natural rights of man – life, liberty and property.

Jefferson changed the philosophy of Locke to Life, Liberty and the Pursuit of Happiness.

Why did he change it? ◦Because of how many Americans (esp’ly

Southerners) would define “property.”

Question #23

Systems of Government

Presidential System

Voters elect the executive and legislature

The legislative and executive are co-equal

Creates prolonged conflicts and deadlocks

Checks and balances

Parliamentary System

Voters elect the legislature

The chief executive is drawn from the legislature

Question #24

Federalism The term federalism creates a dual system of

government…where states and the federal system have shared powers, powers specific to the states, and powers specific to the federal government.

For example, the federal government and the state governments both have the power to tax, but because of the supremacy clause the states cannot tax the federal government, but the federal government can tax the states. This was established in the McCulloch v. Maryland Case.

Question #25

What is the difference between the Electoral College and the Popular Vote?

Electoral College

When the people go to the poll, they are choosing who they want their electoral college to vote for in December.

This group directly elects our president.

Popular VoteThe people’s vote

for the president

Question #26

Good Luck!!Trust in what we’ve learned.