Civics FINALEXAM Study Guide Answer Key
Citizenship
1. What are the two ways to be a legal U.S. citizen?
1.) natural born: born in the US/parent(s) are citizens (law of soil/ law of blood)
2.) naturalized: having gone through the naturalization process
2. What is a naturalized citizen?
Aperson who has gone through the process of naturalization.
3. What are the steps to become a naturalized citizen?
1.) Application of intent 2.) Interview with a customs official 3.)Citizenship exam 4.) Attend ceremony and swear the “Oath of Allegiance” to uphold the Constitution
4. What are some of the responsibilities and duties of citizens? Name three of each.
Responsibilities:
Be informed and vote
Respect the rights and property of others
Respect different opinions and ways of life
Participate in government and your community
Obligations:
Obey the law
Defend the nation
Attend school
Serve in court (jury duty or witness)
Pay taxes
Types of Government (textbook pages 73-77)
1. What are the functions of government? (textbook pg. 71, wb pg 40)
Keep order
Provide services
Provide security
Guide the community (develop public policy, manage the economy, conduct foreign relations)
2. What does it mean to be authoritarian? One person or a small group holds all the power
Totalitarian?Government controls all aspects of people’s lives (total control)
3. What does it mean to be democratic? A government in which the people govern themselves and hold free and fair elections
4. Which form of government has an inherited ruler? Absolute monarchy and constitutional monarchy
5. Which form and system of government do we have in the U.S.?
A representative democracy and a federal system meaning that the people elect representatives to govern for them and the power is shared between the federal/central government and the states.
6. Who holds the power in our form of government? ‘We the people’
Which principle is this? Consent of the governedand popular sovereignty
7. Define confederal system, unitary system and parliamentary.
Confederal–consists of member states that have joined together voluntarily (all the power is in the states and the central government is very weak)
Unitary – central government is supreme which means it holds all of the power and it can delegate power to the state governemnts
Parliamentary- power is predominantly with the parliament (the legislature and usually led by a prime minister) and a king/queen
8. What are the principles of American democracy?
1.) Rule of law/limited government
2.) Checks and Balances
3.) Separation of Powers
4.) Popular Sovereignty
5.) Federalism
Foundations of American Government
- What ideas came from the Mayflower Compact?
Self-government, Social Contract, Direct Democracy
- What ideas came from the Magna Carta?
Limited Government and Rule of Law
3. What ideas came from the English Bill of Rights?
Gave certain rights to citizens (trial by jury of peers, no cruel and unusual punishment, right to bear arms, more rights to the nobles)
4. What ideas came from Thomas Paine’s Common Sense?
Colonists should resistthe king’sabuse of power because it is “common sense” to want to be free to govern themselves.
5. What ideas from John Locke are evident in the Declaration of Independence?
In the Declaration of Natural Rights section: natural rights, God given rights, men are created equal, life, liberty and the pursuit of happiness.
6. What ideas from Montesquieu are evident in the U.S. Constitution?
Separation of powers gives us three branches of government and checks and balances
7. How do you know the colonists were upset with British rule?
List of grievances in the Declaration of Independence, Boston Tea Party, Boycotts, and Smuggling
What are some things from history that show you that?
Boycotts, smuggling, Boston Tea Party, 1st and 2nd Continental Congress
8. What was the document in which colonists declared they were free from British control?
Declaration of Independence
9. What are the sections of the Declaration of Independence?
Preamble- explains what the Declaration is
Declaration of Natural Rights- Jefferson lists Americans natural rights (life, liberty, pursuit of happiness)
Grievances- list of the colonists issues with King George III (social contract was broken)
Resolution of Independence- this is a letter to the world that we are FREE
10. What was America’s first Constitution called?
Articles of Confederation
11. Why did our first Constitution not work?
No taxes, no military, no central government, no regulation of trade, no judicial branch, no executive branch, decisions had to be unanimous with all 13 states.
Give two specific examples.Shay’s Rebellion: couldn’t protect citizens, Constitutional Convention to rewrite the Articles of Confederation.
12. Who were the Federalists? Wanted a strong central government – stronger than the states and did not see the need for a Bill of Rights
Anti-Federalists? Didn’t want central government to be stronger than the states and wanted the inclusion of a Bill of Rights
What was the difference in thinking between the two groups?Anti-Federalists didn’t want theConstitution ratified because the states would have to give up some powers and there was no Bill of Rights and both sides wrote essays called the ‘Federalist Papers.’
The Constitution
- What are the purposes of government? (Know the Preamble School House Rock song)
Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty
2. The 1st three articles of the Constitution describe the three branches of government and their powers.
What are the three branches of government? What does each do? Who is in each?
Article 1 - Legislative branch – Congress – makes laws
Article 2 - Executive branch – President – enforces laws
Article 3 - Judicial branch – Supreme Court – interprets the law
- What is the Supremacy Clause? What does it say?
It is in article 6 of the Constitution. The Constitution is the supreme law of the land. States can do nothing that goes against the Constitution orfederal law.
4. We have three branches of government. Which principle says that the government power should be separated? Who gave the Framers this idea?
Separation of powers – Montesquieu
5. Explain the difference between state and national powers? Where are these defined? What are state powers called? What are federal powers in the Constitution called? Does Congress have any additional powers not listed in the Constitution?
National powers – enumerated or expressed powers
State powers – reserved powers
Shared powers – concurrent powers
All found in Article IV of the Constitution
Concept is called Federalism
Congress can make laws if they deem it ‘necessary and proper.’ This is due to the elastic clause.
6. Can the Constitution be changed? Yes with an amendment If so, is the process easy?No, the founding fathers knew that the Constitution was delicately balanced and did not want an amendment added to the Constitution unless it had the overwhelming support of the people. What are the steps?
By Congress: Step 1
Proposed and passed by a 2/3 vote of both houses
OR
¾ of a special constitutional conventions called by the 50 states.
By states: Step 2
¾ of the state legislatures vote to ratify it
7. Who has the final authority for interpreting the Constitution?
The Supreme Court
The Bill of Rights and Other Amendments
1. What are the rights of the accused?
4th amendment:
Law enforcement must have probable causeand a search warrant – protects citizens against unreasonable search and seizure
5th amendment:
Must be indicted by a grand jury (formally charged)
No double jeopardy
No self-incrimination (plead the 5th)
Due process (following set legal procedures)
Eminent domain – your property can’t be seized (taken) by the government unlessyou are paid a fair price and the government needs the land for public use or need.
6th amendment:
Informed of charges
Speedy, public trial by fair jury
Hear, call, and question witnesses
Right to a lawyer
8th amendment:
No excessive bail and No cruel and unusual punishment
2. Amendment 9 says people have more rights. Can you explain this?
Guaranteesthattherightsenumerated(stated)intheConstitutionwouldnotbeconstruedasdenyingorjeopardizingotherrightsofthepeople. (Citizens have more rights than just those listed in the Constitution and the Bill of Rights.)
3. Amendment 10 says any powers not given to the federal government in the Constitution go to ____? Give some
examples.
The states
Examples: Administer elections, establish local governments, protect public welfare and safety,
marriage laws, set up public schools
The Bill of Rights (Chapter 6) Key points from Amendment:1st Amendment [Hint: RAPPS]Religion, assemble, petition, press, speech
2nd Amendment - Right to bear arms and to belong to a militia
3rd Amendment - No quartering of soldiers
4th Amendment - Search and seizure – must have warrant and probable cause
5th Amendment –
- due process – follow legal procedures
- indictment by Grand Jury
- formal charge of your crime
- trial by jury
- double jeopardy – can’t be tried twice for same crime
- eminent domain – can’t take your property without compensation
6th Amendment - Fair and speedy jury trial, right to a lawyer, right to bring witnesses
7th Amendment -Guaranteed jury trial in civil cases over $20
8th Amendment - No cruel and unusual punishment and no excessive bail and fines
9th Amendment -Limitations of rights - your rights cannot be taken away just because it isn’t mentioned in the Constitution
10th Amendment – Reserved powers to the states what is not mentioned in Constitution
Other Amendments
13th Amendment - Abolishes slavery (1865) and grants Congress power to enforce abolition (abolishment of slavery).
14th Amendment - Defines US citizenship; guarantees all citizens ‘equal protection of the laws.’
15th Amendment - Prohibits restrictions on the right to vote based on race and color (1870). However, for many years some states tested ‘Jim Crow’ laws. These were laws enacted to keep African American from voting.
19th Amendment- Granted women suffrage
22nd Amendment - Limits presidents to two terms in office.
24th Amendment – Eliminated poll taxes
25th Amendment - Presidential succession (How the vice president steps up to being president and how he would pick a new vice president if the president died)
26th Amendment – lowered the voting age from 21 to 18 (during the Vietnam War “Old enough to fight, old enough to vote”)
Legislative Branch – Chapter 7:
1.Describe how representation is chosen in the House and Senate.
Through elections
Senate: equal representation – 2 from every state
House: based on population – reapportioned based on the census
2.Describe how the U.S. chose a bicameral legislature.
The Great Compromise – a combination of the Virginia Plan and the New Jersey Plan
3.Explain why Congress is considered bicameral.
There are 2 houses in Congress
4.Know where Congress gets its lawmaking powers from.
Article 1 of the Constitution
5.Compare non-legislative and legislative powers of Congress.
Non-legislative powers – duties Congress holds beside law making (ie. Impeach, senate’s approval of treaties and presidential appointments).
Legislative powers are the law making duties.
6.List the checks (as in checks and balances) the legislative branch can make on the other two branches.
Impeach judges and the president, reject appointments of judges, can refuse to approve treaties,override presidential vetoes
7.Explain what a committee is and why does the legislative branch have them.
Standing committees – after a bill is introduced, it is sent to a standing committee. There are many committees. The committee
decides if the proposed bill is approved for a vote in the Congress, rejected, or changed. Committees are used so the work can be shared among Congress.
Select Committees – meet for a short period of time for a specific reason. Then they dissolve.
Joint Committees/Conference Committees – consider specific issues – selected members from both houses meet in these committees.
8.Explain how the elastic/necessary and proper clause works in Congress.
Elastic clause and the Necessary and Proper clause – allows Congress to stretch its powers to meet new needs. The Constitution states that Congress has the power to ‘make all laws that are necessary and proper.’ It gives Congress powers that are not directly listed in the Constitution. These powers are known as ‘implied powers.’
9.Describe the process of how a bill becomes a law.
Sponsor>Committee>Debate>Vote>Switch Houses>Committee>Debate>Vote>President
10.What are some of the limits on Congress?
The purpose of the Bill of Rights was to limit or deny certain powers to the federal government – such as Congress cannot pass laws that restrict free speech or legal rights of individuals. They also can’t interfere with state governments or other branches of government. They cannot block writs ofhabeas corpus (the right to appear before a judge to hear your charges). Cannot pass bills of attainder(punish people without a trial). Cannot pass ex post facto laws (declaring an act is a crime after the act has been committed).
11, Who do congressmen and women serve?
Their constituents
Executive Branch-Chapter 8:
1.Describe how we elect the President.
Nominations from political parties,>citizens vote>the candidate with 270 Electoral College votes wins
2.Explain the purpose of the 25th Amendment.
It explains how the vice president will assume the role of the president and how he will pick a new vice president if the president dies or leaves office.
3.Explain the purpose of the 22nd Amendment.
Limits the president to 2 terms of office
4.Describe the Executive Branch’s role in foreign policy.
President leads foreign policy. His role includes appointing ambassadors, negotiating treaties, using military force when necessary, etc.
5.What is foreign policy?
The USA’s overall plan to deal with other nations.
What is diplomacy?
Managing international relations
6.Name each of the President’s 7 roles and his duties for each.
1. chief executive – carries out laws
2. chief diplomat – leads foreign policy
3. head of state – builds good will with other countries and the president is the symbol of the nation
4. commander in chief- manages the military
5. legislative leader – promotes laws he presents to Congress, signs bills into law or vetoes them
6. economic leader – helps the country’s economy prosper
7. party leader – leader of his/her political party
7.List the checks (as in checks and balances) the executive branch can make on the other two branches.
Vetoes laws from Congress
Appoints Supreme Court judges
8.What are some examples of international organizations that the U.S. belongs to?
NATO, United Nations
9.What are some international organizations that the U.S. does not belong to but works closely with?
European Union and Red Cross
10.List and describe the tools that the president can use when he is dealing with foreign policy.
Military force, treaties, executive agreements, appointing ambassadors, foreign aid, international trade
Judicial Branch – Chapter 9:
1.Describe what the Judicial Branch’s role is in our government.
Interpret the law
2.List the checks (as in checks and balances) the judicial branch can make on the other two branches.
Can declare presidential actions unconstitutional and can declare laws passed by Congress unconstitutional
3.Draw a diagram of the level of courts in the federal Judicial Branch and explain how these courts work.
US Supreme Court (9 Justices who serve for lie)
US Circuit Court of Appeals (Appellate court with a panel of judges)
District Courts (Trial Court with a judge and jury)
4.Describe what the Supreme Court’s role in the Judicial Branch is and how they choose cases.
To determine if your rights have been violated in a court case.
How they choose cases – A case if offered through a ‘writ of certiorari’ which is a request for the Supreme Court to hear an appeal.
The court looks at the merits of the case to determine if there is a constitutional issue and if the lower court made an error in its judgment. If the court decides to hear the case, then the case is presented to the Court. There are about 10,000 request for a hearing each year and only 80 cases are heard.
5.Explain the steps in the trial process and name and describe the key people involved in a trial. (CH 15)
1.) Opening statement - lawyers
2.) Witnesses - lawyers
3.) Cross examination - lawyers
4.) Closing statements - lawyers
5.) Jury deliberation - jury
6.) Final decision – jury
7.) Sentencing – judge
Bailiff – order in the court defendants – the accused Plaintiff – accuser
6.Explain the difference between a criminal and civil case and give an example of each. (CH 16)
Criminal law – deals with people accused of acts that harm society – ex: murder
Civil law – deals with disputes between people, companies, etc. – ex: broken contract, wills, divorce, custody
7.What are some basic legal rights of citizens? (CH 15)
See #10 in Legislative branch section
Also due process
Supreme Court Case / Facts of the Case / Precedent That Was SetPlessy v. Ferguson / Homer Plessy sat in the “whites only” car on a Louisiana train to challenge the constitutionality of Jim Crow laws. / The precedent of “separate but equal” was established when the Supreme Court ruled that separate facilities did not violate the 14th Amendment.
Brown V. Board of Education / Linda Brown’s father tried to enroll her in the “white school” that was closest to their home. He was challenging the constitutionality of “separate but equal.” / The precedent of “separate but equal” was overturned when the Supreme Court ruled that the segregation of public schools was inherently unequal.
Marbury v. Madison / William Marbury asked the Supreme Court to issue a writ of mandamus to force James Madison to give him the judgeship he was promised by former president Adams. / This case established the Supreme Court’s power of judicial review. They ruled a part of an act passed by Congress to be unconstitutional.
Miranda v. Arizona / Ernesto Miranda was arrested and was never made aware of his right to have a lawyer present during interrogation or his right to remain silent. / The precedent was set that anyone who is arrested must be made aware of their right to counsel and to remain silent. Now all individuals must be Mirandized or read their Miranda Rights upon arrest.
United States v. Nixon / President Nixon used his power as the president to refuse to hand over tapes of recorded conversations with this aides. He claimed “executive privilege” guaranteed him the right to private conversations. / The Supreme Court ruled that even the president must adhere to “Rule of Law” and that executive privilege only applies to conversations about national security.
Gideon v. Wainwright / Clarence Gideon was not given a lawyer to aid in his defense. Gideon said that his 6th Amendment right to counsel was violated. / Now anyone accused of a crime is guaranteed a lawyer paid for by the state.
In re Gault / As a minor, Gault was not made aware of his rights upon arrest. / Even minors must have their rights protected.
Hazelwood v. Kuhlmeier / Hazelwood claimed their 1st Amendment right to free speech was violated by the school administration. / There is a limit to student’s 1st Amendment rights.
Bush v. Gore / The recount of votes in the 2000 presidential election was stopped. / Supreme Court ruled that the recounting of Florida’s votes violated the 14th Amendment.
Tinker v. Des Moines / Tinker claimed that the students 1st Amendment right to free speech (wearing of black armbands to protest the Vietnam War) was violated by the school. / Freedom of speech was stretched to include freedom of expression. Students also have the right to free speech.
State and Local Government – Chapters 13 & 14