Government Notes

1. Key Concepts:

● Democracy: A system of government where the power is vested in the people, who
rule either directly or through elected representatives.
● Republic: A form of government in which the people elect representatives to make
decisions on their behalf, with elected officials holding power.
● Rule of Law: The principle that all individuals, institutions, and entities are
accountable to laws that are publicly promulgated, equally enforced, and
independently adjudicated.
● Natural Rights: Rights that individuals are born with, including the rights to life,
liberty, and property, that cannot be taken away without consent.
● Social Contract: The theory that people agree to form a government to protect their
natural rights, with both the government and the governed agreeing to certain
responsibilities.
● Enlightenment: A philosophical movement in the 17th and 18th centuries that
emphasized reason, individualism, and the pursuit of knowledge, influencing political
thought.
● Constitution: The fundamental principles and laws that govern a nation, outlining
the structure of government and the rights of citizens.
● Representative Government: A system of government in which citizens elect
officials to make laws and decisions on their behalf.
● Bicameral Legislature: A legislative body that has two separate chambers or
houses, typically the House of Representatives and the Senate.

2. Federalism and Powers:

● Federalism (System of Government): A system where power is divided between a

central government and state governments.
● Federalist: Supporters of the proposed U.S. Constitution, favoring a strong central
government.
● Anti-Federalist: Opponents of the proposed U.S. Constitution, advocating for
stronger state governments and a weaker central government.
● Supremacy Clause: The clause in the U.S. Constitution (Article VI) stating that
federal law is supreme over state law.
● Elastic Clause: The clause in Article I, Section 8 of the Constitution granting
Congress the power to pass all laws necessary and proper to carry out its
enumerated powers.
● Delegated Powers: Powers explicitly granted to the federal government by the
Constitution.
● Expressed Powers: Powers that are clearly stated in the Constitution, such as the
power to coin money and declare war.
 ● Implied Powers: Powers not specifically mentioned in the Constitution but inferred
from the expressed powers.
● Concurrent Powers: Powers shared by both the federal government and state
governments, such as the power to tax and enforce laws.
● Reserved Powers: Powers that are not granted to the federal government nor
prohibited to the states, thus reserved for the states.

3. Government Branches and Functions:

● Legislative: The branch of government responsible for making laws, including

Congress (House of Representatives and Senate).
● Executive: The branch of government responsible for enforcing laws, including the
President, Vice President, and the Cabinet.
● Judicial: The branch of government responsible for interpreting laws, including the
courts and judges.
● Judicial Review: The power of the courts to examine the constitutionality of
legislative and executive actions.
● Amendment: A formal change or addition to the Constitution, requiring a specific
process to be adopted.

4. Legal and Court Terms:

● Burden of Proof: The obligation to prove one's assertion, typically placed on the
prosecution in criminal cases.
● Civil Law: The area of law dealing with disputes between private individuals or
organizations, typically involving compensation for damages.
● Criminal Law: The area of law dealing with offenses against the state or public,
punishable by fines, imprisonment, or other penalties.
● Defendant: The person accused or sued in a court of law.
● Plaintiff: The person who brings a lawsuit in a civil case.
● Prosecution: The legal party responsible for presenting evidence in a criminal case
against the defendant.
● Writ of Certiorari: A court order requesting the lower court's records on a case for
review, often used by the U.S. Supreme Court to decide whether to hear a case.

Constitutional Overview

1. Parts of the Constitution (PAA):

○ Preamble: Introduces the Constitution and outlines the goals of the
government.
○ Articles: Seven articles outlining the structure of the government.
○ Amendments: Additions or changes to the Constitution, including the Bill of
Rights.
 2. Goals of the Constitution:
○ Form a more perfect union
○ Establish justice
○ Ensure domestic tranquility
○ Provide for the common defense
○ Promote the general welfare
○ Secure the blessings of liberty to ourselves and our posterity
3. First Ten Amendments (Bill of Rights):
○ The first ten amendments are known as the Bill of Rights, protecting
fundamental freedoms such as speech, religion, and the press.

Amendments to the Constitution:

● 1st Amendment: Freedom of speech, press, religion, assembly, and petition.

● 2nd Amendment: Right to keep and bear arms.
● 3rd Amendment: Protection against quartering of troops in private homes.
● 4th Amendment: Protection against unreasonable searches and seizures.
● 5th Amendment: Rights of the accused, including protection against
self-incrimination and double jeopardy.
● 13th Amendment: Abolition of slavery.
● 14th Amendment: Equal protection under the law and citizenship rights.
● 15th Amendment: Right to vote regardless of race, color, or previous condition of
servitude.
● 19th Amendment: Right to vote regardless of gender.
● 23rd Amendment: Grants the District of Columbia electors in the Electoral College.
● 26th Amendment: Lowered the voting age to 18.
● 25th Amendment: Provides for presidential succession and disability.

Branches of Government:

1. Legislative Branch Powers (L):

○ Makes laws, controls government spending, declares war, and approves
treaties.
2. Executive Branch Powers (E):
○ Enforces laws, conducts foreign affairs, and serves as Commander-in-Chief
of the military.
3. Judicial Branch Powers (J):
○ Interprets laws, ensures justice, and reviews lower court decisions.

Federalist vs. Anti-Federalist Debate:

● Federalists: Supported a strong national government and the ratification of the

Constitution. Key arguments:
 1. Strong central government ensures national unity.
2. Protection of individual rights through a system of checks and balances.
3. Addressing weaknesses in the Articles of Confederation.
● Anti-Federalists: Opposed the Constitution fearing a powerful central government
would threaten individual freedoms and state power. Key arguments:
1. Centralized power would lead to tyranny.
2. Lack of a Bill of Rights to protect individual freedoms.
3. States should have more power than the federal government.

Resolution: The debate was resolved by the promise to add the Bill of Rights to protect
individual freedoms.

Preamble Key Ideas/Goals:

1. "To form a more perfect union": Ensures cooperation among states and the
national government.
2. "Establish justice": Creates a system of fair laws for all citizens.
3. "Provide for the common defense": Protects the nation from external threats.

Key Members of Congress and the Supreme Court:

1. Majority Leader of the House of Representatives: Speaker of the House.

2. Minority Leader of the House of Representatives: The leader of the opposition
party in the House.
3. Majority Leader of the Senate: The leader of the majority party in the Senate.
4. Minority Leader of the Senate: The leader of the minority party in the Senate.
5. Chief Justice of the Supreme Court: The head of the U.S. Supreme Court. (john
roberts)

1. Preamble: Identify and define two (2) key ideas/goals enumerated in

the preamble.

● "Form a more perfect union": This goal was set to improve the relationship
between the states and create a stronger, more unified national government. It
reflects the need to correct the weaknesses of the Articles of Confederation by
ensuring better cooperation between the states and the federal government.
● "Secure the blessings of liberty to ourselves and our posterity": This goal
highlights the desire to protect the freedoms and rights of the people, both in the
present and for future generations. It emphasizes that liberty is a fundamental value
and that the government should protect this freedom.

2. Federalist vs. Anti-Federalist: Ratification of the Constitution

 ● Federalists:
○ Federalists supported the ratification of the Constitution, believing it was
necessary to create a stronger national government to provide stability,
defense, and order.
○ They argued that the Constitution provided a system of checks and balances
to prevent any one branch of government from becoming too powerful.
○ Federalists believed the lack of a strong central government under the
Articles of Confederation was inefficient and dangerous for the nation's
survival.
● Anti-Federalists:
○ Anti-Federalists opposed the ratification of the Constitution, fearing that it
gave too much power to the national government and threatened individual
freedoms and states' rights.
○ They argued that the Constitution lacked a Bill of Rights to protect citizens'
liberties and that it created a government that could become tyrannical.
○ Anti-Federalists believed that the states should retain more power to maintain
their sovereignty and prevent the central government from overpowering
them.
● Resolution:
○ The debate was resolved by the promise that a Bill of Rights would be added
to the Constitution. In 1789, James Madison introduced a series of proposed
amendments, and ten were ratified, guaranteeing personal freedoms and
limiting government power. This helped to satisfy Anti-Federalist concerns
and ensured the Constitution's ratification.

Power Who Holds the Power Who Are They Limiting

Impeaching and removing the President from L (Legislative) E (Executive)

office

Declaring laws J (Judicial) L (Legislative)

unconstitutional

Impeaching and removing L (Legislative) J (Judicial)

judges

Vetoing E (Executive) L (Legislative)

laws

Rejecting Presidential L (Legislative) E (Executive)

appointments
Invalidating executive J (Judicial) E (Executive)
actions

Preside over impeachment J (Judicial) L (Legislative)

trials

Refuse to carry out court E (Executive) J (Judicial)

decisions

Adding and removing L (Legislative) J (Judicial)

courts

Invalidating laws J (Judicial) L (Legislative)

Nominating E (Executive) J (Judicial)

judges

Legislative Executive Judicial (J)

(L) (E)

Make laws L

Enforce laws E

Interpret laws J

Veto legislation E

Declare laws unconstitutional J

Approve appointments (e.g., federal L

judges)

Confirm treaties L

Impeach the President L

Appoint federal judges E

Commander in Chief of the military E

Grant pardons E

Declare war L E

Establish lower courts L

Coin money L

Tax and spend L

Make treaties E

Nominate ambassadors E

Issue executive orders E

Conduct foreign policy E

Review cases on appeal J

Review executive orders J

Regulate interstate commerce L

Power House of Representatives Senate

(R) (S)

Impeaching the President and other R

officials

Ratifying treaties S

Confirming appointments S

Decide some Presidential elections S

Holding impeachment trials S

Create bills that raise taxes R

Introduce revenue bills (taxation and spending) R

Approve treaties S

Confirm Presidential appointments (e.g., Cabinet, S

judges)

Impeach federal officials (including the President) R

Hold impeachment trials for federal officials S

 Create laws (bills) R S

Decide the outcome of some Presidential S

elections

Approve amendments to the Constitution R S

Represent the people (based on population) R

Represent states (two senators per state) S

This chart shows the specific chamber of Congress (House of Representatives or Senate)
that

What is the supreme law of the land?

▪ the Constitution
2. What does the Constitution do?
▪ sets up the government
▪ defines the government
▪ protects basic rights of Americans
3. The idea of self-government is in the first three words of the Constitution. What are these
words?
▪ We the People
4. What is an amendment?
▪ a change (to the Constitution)
▪ an addition (to the Constitution)
5. What do we call the first ten amendments to the Constitution?
▪ the Bill of Rights
6. What is one right or freedom from the First Amendment?*
▪ speech
▪ religion
▪ assembly
▪ press
▪ petition the government
7. How many amendments does the Constitution have?
▪ twenty-seven (27)
-2-
* If you are 65 years old or older and have been a legal permanent resident of the United
States for 20 or more years, you
may study just the questions that have been marked with an asterisk.
www.uscis.gov
8. What did the Declaration of Independence do?
▪ announced our independence (from Great Britain)
▪ declared our independence (from Great Britain)
▪ said that the United States is free (from Great Britain)
9. What are two rights in the Declaration of Independence?
▪ life
 ▪ liberty
▪ pursuit of happiness
10. What is freedom of religion?
▪ You can practice any religion, or not practice a religion.
11. What is the economic system in the United States?*
▪ capitalist economy
▪ market economy
12. What is the “rule of law”?
▪ Everyone must follow the law.
▪ Leaders must obey the law.
▪ Government must obey the law.
▪ No one is above the law.
B: System of Government
13. Name one branch or part of the government.*
▪ Congress
▪ legislative
▪ President
▪ executive
▪ the courts
▪ judicial
14. What stops one branch of government from becoming too powerful?
▪ checks and balances
▪ separation of powers
15. Who is in charge of the executive branch?
▪ the President
16. Who makes federal laws?
▪ Congress
▪ Senate and House (of Representatives)
▪ (U.S. or national) legislature
17. What are the two parts of the U.S. Congress?*
▪ the Senate and House (of Representatives)
18. How many U.S. Senators are there?
▪ one hundred (100)
-3-
* If you are 65 years old or older and have been a legal permanent resident of the United
States for 20 or more years, you
may study just the questions that have been marked with an asterisk.
www.uscis.gov
19. We elect a U.S. Senator for how many years?
▪ six (6)
20. Who is one of your state’s U.S. Senators now?*
▪ Answers will vary. [District of Columbia residents and residents of U.S.
territories should answer that D.C.
(or the territory where the applicant lives) has no U.S. Senators.]
21. The House of Representatives has how many voting members?
▪ four hundred thirty-five (435)
22. We elect a U.S. Representative for how many years?
▪ two (2)
23. Name your U.S. Representative.
▪ Answers will vary. [Residents of territories with nonvoting Delegates or
Resident Commissioners may
provide the name of that Delegate or Commissioner. Also acceptable is any statement that
the territory has
no (voting) Representatives in Congress.]
24. Who does a U.S. Senator represent?
▪ all people of the state
25. Why do some states have more Representatives than other states?
▪ (because) they have more people

26. We elect a President for how many years?

▪ four (4)
27. In what month do we vote for President?*
▪ November
28. What is the name of the President of the United States now?*
▪ Visit uscis.gov/citizenship/testupdates for the name of the President of the
United States.
29. What is the name of the Vice President of the United States now?
▪ Visit uscis.gov/citizenship/testupdates for the name of the Vice President of
the United States.
30. If the President can no longer serve, who becomes President?
▪ the Vice President
31. If both the President and the Vice President can no longer serve, who
becomes President?
▪ the Speaker of the House
32. Who is the Commander in Chief of the military?
▪ the President
33. Who signs bills to become laws?
▪ the President
34. Who vetoes bills?
▪ the President
35. What does the President’s Cabinet do?
▪ advises the President
-4-
* If you are 65 years old or older and have been a legal permanent resident of the United
States for 20 or more years, you
may study just the questions that have been marked with an asterisk.
www.uscis.gov
36. What are two Cabinet-level positions?

▪ Secretary of Commerce
▪ Secretary of Defense

37. What does the judicial branch do?

▪ reviews laws
▪ explains laws
▪ resolves disputes (disagreements)
 ▪ decides if a law goes against the Constitution
38. What is the highest court in the United States?
▪ the Supreme Court
39. How many justices are on the Supreme Court?
▪ Visit uscis.gov/citizenship/testupdates for the number of justices on the
Supreme Court.
40. Who is the Chief Justice of the United States now?
▪ Visit uscis.gov/citizenship/testupdates for the name of the Chief Justice of
the United States.
41. Under our Constitution, some powers belong to the federal government.
What is one power of the federal
government?
▪ to print money
▪ to declare war
▪ to create an army
▪ to make treaties
42. Under our Constitution, some powers belong to the states. What is one
power of the states?
▪ provide schooling and education
▪ provide protection (police)
▪ provide safety (fire departments)
▪ give a driver’s license
▪ approve zoning and land use