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 government’s 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). Everyone’s 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 aUnited 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 thePreamble:1) To form a more perfect union2) Establish justice3) Ensure domestic tranquility4) Provide for the common defense5) Promote the general welfare6) Secure the blessings of liberty

Articles

I. – Legislative BranchII. - Executive BranchIII. - Judicial BranchIV. - Relationship of StatesV. - Amendment ProcessVI. - Supremacy ClauseVII. - 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 people10 – Reserves rights to the state

Other Amendments

11 – Defines how states can be sued12 – Requires electors to elect the President and Vice President on separate ballots13 – Abolished slavery14 – Defines citizenship15 – Voting rights to African American males16 – Established a national income tax17 – Direct election of senators18 – Prohibition19 – Voting rights to women20 - Sets the dates for the Inauguration and the opening of Congress21 – Repealed Prohibition22 – Limits a presidents term to two or ten years23 – Voting rights to residents of Washington D.C.24 – Eliminated the poll tax25 – Establishes presidential succession26 – Voting rights to 18 year olds27 – Bans Congress from raising their salary in the middle of a term

Article I – Legislative Branch

Congress is bicameral composed of theHouse of Representatives (435 membersaccording to the population of eachstate) 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 representSenate-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 orenumerated powers. Clause 18 of Article I Section 8 is called the“necessary and proper” clause or theelastic clause. It allows Congress to pass laws necessary and proper to carryout their expressed powers.

Article II – The Executive Branch

The duties of the President include carrying out the laws passed byCongress and serving as theCommander-in-chief of the armedforces. As a check on the legislative branch, the president can veto lawspassed 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 courtin the land (court of last resort). There are nine justices (1 Chief Justice and 8 Associate Justices). They are nominatedby 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 Law2) Due Process of Law a) substantive due process – the substance of the law b) procedural due process – the way the law is administered3) The Adversary System4) 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) Hiring a lawyer2) Filing the complaint3) Pretrial Discovery4) Resolution without Trial5) Trial6) 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 prosecution’s 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) Investigation and Arrest2) Initial Appearance3) Preliminary Hearing or Grand Jury4) Plea Bargaining5) Arraignment and Pleas6) The Trial7) The Decision8) Sentencing

Economics ReviewGHSGT

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.