Chapter 1

Chapter 1

United States Government Graduation Review Six Principles of United States Government

Popular sovereignty Federalism Separation of Powers Checks and Balances Judicial Review Limited Government Popular Sovereignty The United States Constitution is based on Popular Sovereignty rule by the people.

United States government is based upon the consent of the governed (John Locke); the authority for government flows from the people How? - People vote to choose their leaders and also not re-elect them if they choose to based upon their leadership Federalism Federalism describes the basic structure of the United States government.

Under federalism power is divided between national and state governments. Both levels have their own agencies and officials and pass laws for their citizens. Example Work together for disaster relief (Hurricane Katrina) Separation of Powers The Constitution limits the central government by dividing power among the

legislative, executive and judicial branches. Under separation of powers, each branch has its responsibilities. The Founders did this to prevent any branch from having too much power. Example Congress declares war Checks and Balances To the principle of separation of powers the Founders added a system of checks and balances, whereby each branch of

government exercises some control over the other. Example Presidential veto Judicial Review The power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution. All federal courts have this authority, but the United States Supreme Court has the final

authority. Marbury v. Madison in 1803 established the principle of judicial review. Limited Government The Constitution limits the actions of the government by specifically listing powers it has and does not have. Example The Bill of Rights (1st ten amendments) sets specific limits in the areas of freedom

of expression, personal security, and fair trials. Republic The United States is a republic. We have a republican form of government. This means that the voters are the source of the governments authority. Voters elect people to representatives to make decisions for them. If the voters disapprove of what their elected officials do

they can choose to not vote for them during the next election. This type of republic is called a representative democracy. Characteristics of Democracy Individual liberty Democracy requires that all people be as free as possible to develop their own capacities. Majority Rule with Minority Rights Democracy requires that government decisions be based upon majority rule but ensuring the rights of the minority.

Free Elections Democracy is based on the consent of the governed (Locke). Everyones vote carries the same weight one person, one vote. Competing Political Parties Political parties compete to win elections giving voters a choices. Equity in United States Government The system of government in the United States seeks equality in the following areas: 1. Equal justice before the law The

goal of the American legal system is to treat all people alike. 2. Equal opportunity vs. Equality of wealth All people should be have equal opportunity regardless of their wealth. Citizenship There are three ways a person can be a United States citizen.

1) Born on American soil (14th Amendment) 2) Naturalization (14th Amendment) 3) Born to a parent who is a United States citizen. Jus soli Law of the soil Jus sanguinis Law of blood Qualifications for Citizenship Entered the United States legally Good moral character Declare their support of the principles

of American government Read, write and speak English Show basic knowledge of American history and government The Constitution The Constitution is a plan of government and serves as the supreme law of the land. It can be divided into three parts Preamble

Articles Amendment Preamble There are six goals found in the Preamble: 1) To form a more perfect union 2) Establish justice 3) Ensure domestic tranquility 4) Provide for the common defense 5) Promote the general welfare

6) Secure the blessings of liberty Articles I. II. III. IV. V. VI. VII.

Legislative Branch - Executive Branch - Judicial Branch - Relationship of States - Amendment Process - Supremacy Clause - Ratification Process Amendments (Bill of Rights) 1 Freedom of religion, speech, assembly, press and petition

2 - Right to bear arms 3 - Prohibits the quartering of soldiers in private homes 4 No unreasonable search and seizures 5 Rights of the accused and eminent domain 6 Right to speedy and public trial 7 Jury in a civil trial 8 No excessive bail or cruel or unusual punishment 9 Reserves rights to the people 10 Reserves rights to the state Other Amendments

11 Defines how states can be sued 12 Requires electors to elect the President and Vice President on separate ballots 13 Abolished slavery 14 Defines citizenship 15 Voting rights to African American males 16 Established a national income tax 17 Direct election of senators 18 Prohibition 19 Voting rights to women 20 - Sets the dates for the Inauguration and the opening of Congress

21 Repealed Prohibition 22 Limits a presidents term to two or ten years 23 Voting rights to residents of Washington D.C. 24 Eliminated the poll tax 25 Establishes presidential succession 26 Voting rights to 18 year olds 27 Bans Congress from raising their salary in the middle of a term Article I Legislative Branch Congress is bicameral composed of the House of Representatives (435 members

according to the population of each state) and the Senate (100 members 2 from each state). The job of Congress is to pass laws. As a check on the power of the president, Congress can override the veto of a President with a 2/3 vote. Qualifications House of Representatives -Twenty five (25) years old -Citizen for seven (7) years

-Resident of the state they represent Senate -Thirty (30) years old -Citizen for nine (9) years -Resident of the state they represent Article I Section 8 Article I Section 8 contains the powers of the legislative branch. These powers are called delegated, expressed or enumerated powers. Clause 18 of

Article I Section 8 is called the necessary and proper clause or the elastic clause. It allows Congress to pass laws necessary and proper to carry out their expressed powers. Article II The Executive Branch The duties of the President include carrying out the laws passed by Congress and serving as the Commander-in-chief of the armed

forces. As a check on the legislative branch, the president can veto laws passed by Congress. Qualifications President -Thirty five (35) years old -Natural born citizen -Resident of United States for fourteen (14) years

Roles of the President Head of State Chief Executive

Chief Legislator Economic Planner Party Leader Chief Diplomat Commander in Chief Article III The Judicial Branch Article III establishes the judicial branch. The Supreme Court is the highest court in the land (court of last resort). There are nine justices (1 Chief Justice and 8

Associate Justices). They are nominated by the President and must be confirmed by the Senate. They serve for life unless they retire or are impeached. The Judicial Branch The role of the Judicial Branch is to interpret the laws passed by Congress and signed by the President. This is called judicial review and Marbury v. Madison established this principle.

McCulloch v. Maryland established the principle that the Constitution should be interpreted broadly. Types of Law in the United States 1) Constitutional Law Branch of law dealing with the formation, construction, and interpretation of constitutions. 2) Statutory Law Statutes are laws written by a legislative branch of government. 3) Administrative Law Administrative law spells out the authority of and procedures to be followed by

administrative agencies, as well as the rules and regulations issued by such agencies. 4) Common Law This is the law made by judges in the process of resolving individual cases. This is the single most important basis of the American legal system. 5) Equity Equity law is a system of rules by which disputes are resolved on the grounds of fairness. Legal System Principles 1) Equal Justice Under the Law 2) Due Process of Law

a) substantive due process the substance of the law b) procedural due process the way the law is administered 3) The Adversary System 4) Presumption of Innocence Civil Law Civil Law concerns disputes among two or more individuals or between individuals and the government. Civil

cases arise because one party believes it has suffered injury at the hands of the other party or wants to prevent a harmful action from taking place. The plaintiff in a civil cases usually seeks damages. Important Terms

Lawsuits civil cases Defendant the person against whom the suit is brought Plaintiff the person who brings the suit

Damages award of money from the defendant Injunction a court issued order in equity cases that forbids the defendant from taking or continuing a certain action Complaint a legal document filed with the court that has jurisdiction over the problem Summons an official notice of the lawsuit that includes the important information about the court proceeding Answer formal response to the charges in the complaint Discovery the phase when both sides prepare for the trial by checking facts and gathering information Mediation when each side is given the opportunity to

explain its side of the dispute and must listen to the other side. The two sides attempt to solve the dispute instead of going to trial. Steps in a Civil Case 1) 2) 3) 4) 5) 6)

Hiring a lawyer Filing the complaint Pretrial Discovery Resolution without Trial Trial The Award Criminal Law Criminal law is when

someone is charged with a crime by the government. Types of Crime 1) Petty offenses minor crimes that are usually punished by a fine rather than being arrested. (speeding, parking violations, etc.) 2) Misdemeanors more serious crimes that may be punished by a fine or jail time for one year or less. (vandalism, simple assault, stealing inexpensive items, being drunk or

disorderly, etc.) 3) Felonies serious crimes punishable by jail time over one year (burglary, arson, rape, murder, etc.) Important Terms

Crime an act that breaks a criminal law and causes injury or harm to people or society in general Prosecution the government representative that charges a defendant

with a crime Defendant the person accused of a crime Grand jury a group of citizens who review the prosecutions allegations order to determine if there is enough evidence for an indictment Indictment formal criminal charge Plea bargaining an agreement through which the defendant pleads guilty to a lesser crime (or fewer crimes) in return for the government not prosecuting the more serious (or additional) crime with which the defendant was originally charged Arraignment a hearing in which the judge reads the formal charge against the defendant in an open courtroom

Jury a group of citizens who hear evidence during a trial to decide guilt or innocence Verdict the decision of guilt or innocence Hung jury when the jury cannot agree on a verdict Sentence the punishment determined by the judge after a guilty verdict. Steps in a Criminal Case 1) 2) 3)

4) 5) 6) 7) 8) Investigation and Arrest Initial Appearance Preliminary Hearing or Grand Jury Plea Bargaining Arraignment and Pleas

The Trial The Decision Sentencing Economics Review GHSGT Economics The study of how people seek to satisfy their needs and wants by making choices

Scarcity = unlimited wants, limited resources Factors of Production Land: natural resources that are used to make goods and services Labor: the effort that people devote to a task for which they are paid Capital: any human-made resource that is used to create other goods or services

Demand The desire to own something and the ability to pay for it Law of Demand: economic law that states that consumers buy more of a good when its price decreases and less when its price increases. Supply The amount of goods available

Law of Supply: tendency of suppliers to offer more of a good at higher prices. Macroeconomics The study of the behavior and decision making of entire economies Microeconomics The study of the economic behavior and decision making of small units, such as individuals, families, and

businesses. Labor Union An organization of workers that tries to improve working conditions, wages, and benefits for its workers. Collective bargaining: the process in which union and company representatives meet to negotiate a new labor contract.

Command Economy Economic system in which the central government makes all decisions on the production and consumption of goods and services. Socialism A social and political philosophy based on the belief that democratic means should be used to evenly distribute wealth throughout a society.

Market Economy Economic system in which decisions on production and consumption of goods and services are based on voluntary exchange in markets Traditional Economy Economic system that relies on habit, custom, or ritual to decide questions of production and consumption of goods

and services Money Anything that serves as a medium of exchange, a unit of account, and a store of value.

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