U.S./VA Government Final Exam Review - PowerPoint PPT Presentation

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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