12/14/2012
Key Gov Topic #1
Why were the Articles of Confederation
replaced by the Constitution?
Key Gov Topic #2
Basics of the New Jersey Plan, the Virginia Plan,
and the Connecticut Compromise
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Weak national government
No courts to interpret laws
No national military
No national taxes
No central currency
9 of 13 states to pass laws
Unanimous vote to amend
Key Gov Topic #3
Meaning of “Checks & Balances” and
“Separation of Powers”
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Prevent too much centralization of power
Avoid tyranny
Examples:
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SP – Declare War v. Commander in Chief
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SP – Make Laws v. Execute Laws v. Interpret Laws
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CB - Each branch limits the others
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CB – Veto power of Pres & Over-ride power of Congress
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CB – Senate “advice & consent”
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CB – Congress impeachment power
New Jersey – every state has equal representation
Virginia – state representation by population
Connecticut Compromise
– House (population) + Senate (equal states)
Key Gov Topic #4
Basic meaning of Federalism
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Different levels of government over same land &
people
US = National – State – Local
Promotes experimentation
Allows for more political involvement & promotes
active democracy
“Layer Cake” = distinct, separate powers
“Marble Cake” = shared powers
Key Gov Topic #5
The Supremacy Clause of the Constitution
Key Gov Topic #6
Main process of amending the Constitution
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Establishes federal laws, treaties & the Constitution
as the “supreme law of the land”
Proposal by 2/3 vote in the House AND Senate
Ratification by 3/4 of States (legislatures)
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12/14/2012
Key Gov Topic #7
The Bill of Rights – 1st Amendment
Key Gov Topic #8
The Incorporation Doctrine
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Speech – including symbolic
Press
Assembly
Religion:
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Exercise Clause
Establishment Clause
Key Gov Topic #9
Supreme Court Cases:
• Marbury v. Madison . . . Judicial review
• McCulloch v. Ogden . . . Implied powers of Congress
• Gibbons v. Ogden . . . Power to regulate interstate
commerce
• Brown v. Board of Education . . . “Separate but
equal” is NOT OK
• Miranda v. Arizona . . . Right against selfincrimination applies to States
Applies Bill of Rights to the States
Through use of the 14th Amendment (due process)
Example: Miranda v. Arizona
“Selective Incorporation” = only some parts of the
Bill of Rights have been applied to States
Key Gov Topic #10
Basic background of Presidents & Congresspeople
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Generally, members of the “elite”
Better educated
Wealthier
Historically, white Protestant males
Previous backgrounds in Law, Business & Academia
Key Gov Topic #11
Substantive v. Descriptive representation
Key Gov Topic #12
Basic categories of Congressional Committees
• Descriptive = elected reps are like the general
population
• Substantive = elected reps may not be like most
people, but do “in substance” reflect “The People’s”
preferences
• Standing . . . Permanent, deal with specific topics
(such as Defense)
• Conference . . . Members of House & Senate come
together to resolve differences in a specific Bill
• Joint . . . Members of both House & Senate sit on
same committee (such as Taxation)
• Select . . . Deals with a specific topic, usually for a
short time (such as Watergate)
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Key Gov Topic #13
Advantage of Incumbency
Key Gov Topic #14
The “Necessary & Proper” Clause
• Much higher chance of winning elections
• Key factor = easier to raise campaign funds
• Another key factor = more visible & known to
constituents
• At end of Article I section 8 . . . Powers of Congress
• Gives Congress the power to pass laws that it sees
as necessary in order to carry out another of its
powers
• Example: a national bank . . . Connected to taxes,
coining money, spending on the military (McCulloch
. . . Implied powers)
• “Elastic Clause”
Key Gov Topic #15
Basic powers of the President
Key Gov Topic #16
Meaning of re-apportionment, redistricting &
gerrymandering
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Commander in Chief of the military
Can veto Congressional legislation
Directs foreign policy
Negotiates treaties
Takes care that the laws are faithfully executed (runs
the government)
• Names heads of agencies, federal judges,
ambassadors
• Delivers annual “state of the union” address
• Re-apportionment = recalculating the number of
House seats a state gets after the 10 year census
• Re-districting = redrawing district lines after the
number of reps in a state changes
• Gerrymandering = drawing the district lines in a way
that benefits a party or person or group
(i.e. “whites”)
Key Gov Topic #17
Process of presidential impeachment & removal
Key Gov Topic #18
Reasons for the expansion of presidential power
• Constitutional reasons = Treason, Bribery, High Crimes
& Misdemeanors
• House impeaches . . . Needs simple majority
• Senate holds trial w/ Chief Justice presiding . . . Needs
2/3 vote to remove
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Constitution not totally clear on exact powers
Exercise of power . . . Sets precedent for future
Focus of media . . . Spokesman for nation
People rally behind . . . Stands for nation
Commands military & intelligence gathering
Uses Attorney General to support legality of actions
Growth of bureaucracy / executive branch over time
Access to information
Can act quicker than Congress
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12/14/2012
Key Gov Topic #19
The War Powers Resolution of 1973
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President can only send troops into action with approval
of Congress or in an emergency
Must notify Congress within 48 hours
Forbids staying for more than 60 days without
Congressional authorization or declaration of War
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