EOC Review

Mr. Clause

39. What are civil liberates?Rights that cannot be taken away.

41. What rights are protected in the First AmendmentSpeech, Press, Assembly, and Religion

40. What is the Bill of Rights?First ten amendments to the U.S. Constitution

42. What is the Establishment Clause?No official religion in the United States.

43. What is the Free Exercise Clause?Free exercise of religion

45a. Pure Speech vs. symbolic speechPure-actual wordsSymbolic-doesn't have to be spoken.

44. What is freedom of expression?Every individual can hold opinions without interference.

45b. Clear and present dangerFreedom of speech does not apply when you cause panic or chaos

45c. Libel and SlanderLibel is written defamation and slander is spoken.

45d. Prior restraintAt times viewed as unconstitutional, restrictions on when, where, and what you say in public.

46. What does the second Amendment protect?Right to bear arms

47b. What is probable cause?Authorities must have a reason, supported by evidence, to search premises.

47a. What is a warrant?Legal document authorizing a police offices to make an arrest or search premises.

47c. How is New Jersey v. T.L.O related to warrants and probable cause?School is different from “the real world”

47d. What is the exclusionary rule?Any evidence obtained without a warrant cannot be included in court.

48b. What is double jeopardy?Cannot be charged for the same federal crime twice.

48a. What is due process?State must fulfill all legal rights owed to a person.

48c. What is eminent domain?Government can take private property, as long as they pay adequate compensation.

48d. What was the case of Miranda v. Arizona?Police must inform an accused person of their right to counsel and protection from self-incrimination.

49b. Roe v. WadeRight for a women to have an abortion.

49a. Gideon v. WainwrightState must provided counsel, even if the person cannot pay for it.

50. What is incorporation?Bill of Rights applies to all states and local governments.

51. What are civil rights?

Protects citizens right’s from infringement by the governments.

53a. Plessey v. Fergusonseparate, but equal is constitutional

52. What were the Civil War Amendment?13th, 14th, and 15

53b. Brown v. Board of EducationSeparate, but equal is unconstitutional

54a. Civil Right Act of 1964?Stopped segregation in public places.

68. What is the primary function of the legislative branch?Make laws

54b. Voting Rights Act of 1965Stop discrimination at polling places.

69. What is a bicameral legislature?Two body legislature branch

Ex. House and Senate

70. What are the qualifications and term of office for the House?25 years old, citizen for past seven years, inhabitant the state you represent. 2 years.

72a. Military PowerVote on entering into a war.

71. What are the qualifications and terms of office for the Senate?30 years old, citizen for past 9 years, inhabitant the state you represent. Six years.

72b. Economic PowerVote on budget

72c. Necessary and Proper ClauseHelps the Constitution stretch with the changing times.

73. Powers of the HousePropose all tax bills and Impeach a government official.

74. Power of the SenateJudge presidential appointments and try the cases of impeachment.

75. Who is the chair of the House? The Senate?

House-Speaker of the HouseSenate-Vice President of U.S.

76. What are majority and minority leaders?Top officials of the two major political parties that help organize their party and pass legislation that aligns with their ideology

77. What are majority and minority whips?Feel “whip” votes for legislation the party wants to pass.

78. Describe how a bill becomes a law.

79. VetoPresident can reject a decision or proposal made by Congress.80. What is a pocket veto?Take no action. (Slide the bill in your pocket and forget about it.)81. What is a filibuster?Prolonged speech that obstructs a bill from moving forward in Congress.

82. What is impeachment?Removal of governmental official.83. What is the primary function of the executive branch?Implement the laws.84. What are the qualification and terms of office for the President?Natural born U.S. citizen35 years old14 years resident of U.S.4 years

85. Twenty-Second Amendment?Limit of two four year terms for President.

86. List the first five positions in the Presidential order of succession.1. VP2. Speaker of the House3. President Pro Tempore4. Secretary of State5. Secretary of the Treasury

87. What is a pardon?President forgives someone of their criminal offense

88. What is the Cabinet?Presidential appointed advisors that lead the varies executive departments.

89. What is the federal bureaucracy.Helps the president care out the laws passed by Congress.

90a. Budget surplusMoney left in the governmental budget after all expenditures are accounted for.

90b. Budget DeficitNot enough money to account for all the governmental expenditures.

90c. National debtMoney owed by the U.S. to other governments or because we used borrowed money to pay for expenditures.

90d. Progressive Income TaxIf you make more money, you buy more in taxes.

91. What is the primary function of the judicial branch?Interpret the law.

92. What are the qualifications and term of office for federal judges?No Formal qualificationsLife in the Supreme Court

93. List eh Levels of the federal court systems.1. District Courts2. Court of Appeals3. Supreme Court of the

Untied States.

94. What is the difference between original and appellate jurisdiction?Original-first court to hear a case.Appellate-right to hear a case that is being appealed.

95. What is precedent?An event or action that is acts as a guide to be considered in similar circumstances.

96. What is the difference between civil laws and criminal laws.

Civil-private dispute between persons or organizations.

Criminal-cases that involve an action that is considered to be harmful to society as a whole.

I. Definition of Government:

A. The institution through which a society makes and enforces its public policies (what the govt decides to do)

B. Government is made up of people who exercise authority & control over its people

III. Four (4) Theories on the Origin of a State:

A). Force Theory

B). Divine Right Theory

C). Evolutionary Theory

D). Social Contract Theory

C. Social Contract TheoryPhilosophers (17th/18th cent): Thomas Hobbes, James

Harrington, John Locke, Jacques Rousseau, Montesquieu came up with this theory:

1. Humans lived in a state of nature in which there was no government and no one ruled another person, however there was no one to protect people from the aggression of another, SO they were only as safe as they were smart & strong

2. Humans could overcome this by making an agreement to give power up to a state

3. Free people gave up power and the state rose out of that.

Thomas Hobbes John Locke1.) Absolute Monarch2.) People are born with rights that theyrelinquish to the monarch in return forprotection. This is known as social contract.3.) Believed that people were wicked,selfish, and cruel and would act on behalf oftheir best interests. “Every man for everyman”.4.) No, people could be trusted to governthemselves and an absolute monarchwould demand obedience in to maintainorder.5.) The purpose of the government was tokeep law and order.6.) Because people had no say in theirgovernment, they could do nothing if themonarch were abusive.

1.) Democracy2.) All people are born with certaininalienable rights. They are life, liberty,and the right to own property.3.) Believed that people were bynature good and that they could learnfrom their experiences.4.) Yes, people could be trusted togovern themselves. Locke believedthat if provided with the rightinformation would make gooddecisions.5.) The purpose of the government isto protect individual liberties and rights.6.) The people had the right to revoltagainst an abusive government.

Constitutions and Government A constitution is a plan that

provides the rules of government.

The may be written or unwritten

The U.S. Constitution drawn in 1787 is the oldest written constitution in the world

Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility,

provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our

Posterity, do ordain and establish this Constitution for the United States of America.

-U.S. Constitution

A Framework for Government

The main body of a constitution sets out the plan for government and, in the case of the United States, lays out the relationship between the state and federal governments.The U.S. Constitution has 7 articles, 21 sections.

Democracy

• Any system of government in which rule is by the people.

• Two Forms:– Direct Democracy-voting

on issues individually as citizens

– Representative-people elect leader to vote on their behalf.

Capitalism

Origin

• Who: Adam Smith and others• When: ??? (last 200 years)• Where: Europe• How: idea that people could

work for economic gain• the idea that wealth should

be used aggressively

Chapter Three

The Constitution

Seven Articles

First- Legislative Branch• Make laws• Powers

Second- Executive Branch• Qualifications• Electing• Powers

Articles

Three- Judicial• Create federal courts• Jurisdiction- the authority of the supreme to rule over

case.

Four- States Relationship to Federal• Article of the Constitution that regulates the states'

powers, and their interaction with the National government.

Five- Amending the Constitution• sets up the amendment process.

Articles

Six- Supreme Law of the Land• No law can supersede the Constitution (Supremacy

Clause)

Seven- Ratification• 9 out of 12 states have to ratify

Legislative Branch in the Constitution

Expressed Powersdirectly stated in the

Constitution

• The Framers thought the legislative branch would be the most important

• The were also very worried of the abuse of power.

• That is way many of powers that Congress has are Expressed Powers

Powers of Congress

Elastic ClauseMake all laws “necessary and

proper”. This clause lets Congress stench with the

times.

• Borrow money• Coin money• Declare war• Regulate the armed forcesThe most important is the Elastic Clause

Marbury v. Madison Supreme Court Case