1. United States Government
Graduation Review

2. Six Principles of United States Government
Popular sovereignty
Federalism
Separation of Powers
Checks and Balances
Judicial Review
Limited Government

3. 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

4. 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)

5. 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

6. 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

7. 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.

8. 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.

9. 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.

10. 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.

11. Equity in United States Government
The system of government in the United States seeks equality in the following areas:
Equal justice before the law – The goal of the American legal system is to treat all people alike.
Equal opportunity vs. Equality of wealth – All people should be have equal opportunity regardless of their wealth.

12. Citizenship There are three ways a person can be a
United States citizen.
Born on American soil (14th Amendment)
Naturalization (14th Amendment)
Born to a parent who is a United States citizen.
Jus soli – “Law of the soil”
Jus sanguinis – “Law of blood”

13. 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

14. 5 basic principles (ideas) in the Declaration of Independence
all men created equal
endowed with unalienable rights
purpose of gov’t = security of rights
just powers of gov’t by consent
right to alter or abolish when gov’t becomes destructive of these ends

15. 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

16. Preamble There are six goals found in the Preamble:
To form a more perfect union
Establish justice
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty

17. Articles – Legislative Branch - Executive Branch - Judicial Branch
- Relationship of States
- Amendment Process
- Supremacy Clause
- Ratification Process

18. 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

19. 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

20. 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.

21. 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

22. 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.

23. 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.

24. Qualifications President -Thirty five (35) years old
-Natural born citizen
-Resident of United States for fourteen (14) years

25. Roles of the President Head of State Chief Executive Chief Legislator
Economic Planner
Party Leader
Chief Diplomat
Commander in Chief

26. 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.

27. 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.

29. Types of Law in the United States
Constitutional Law – Branch of law dealing with the formation,
construction, and interpretation of constitutions.
Statutory Law – Statutes are laws written by a legislative
branch of government.
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.
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.

30. 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

31. 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.

32. 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.

33. Steps in a Civil Case 1) Hiring a lawyer 2) Filing the complaint
3) Pretrial Discovery
4) Resolution without Trial
5) Trial
6) The Award

34. Criminal Law
Criminal law is when someone is charged with a crime by the government.

35. 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.)

36. 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.

37. Steps in a Criminal Case
1) Investigation and Arrest
2) Initial Appearance
3) Preliminary Hearing or Grand Jury
4) Plea Bargaining
5) Arraignment and Pleas
6) The Trial
7) The Decision
8) Sentencing