1. American Government Study Guide

2. Discuss what the term impeachment means as well as the two situations, including the people involved, in which it was used.
The term impeach means to indict (formal accusation) for crime. There have only been two Presidents who have been indicted for their crimes. Andrew Johnson for Tenure Office of Act; Senate failed to convict by one vote. Bill Clinton for Perjury and Obstruction of Justice; Senate failed to convict by 17 votes.

3. What are the Executive Branches (the Presidents) informal powers?
Executive Orders: Orders issued by the President that carry the force of law FDR’s Internment of Japanese Americans during WW2, Truman’s integration of the military during the Korean War, Clinton’s “Don’t Ask Don’t Tell Policy” , GWB trying suspected terrorists in military tribunals.
Executive Agreements: International agreements made by a President that has the force of treaty (a treaty requires Senate approval) Jefferson’s Louisiana Purchase, GHW Bush trade agreement with Japan re: auto industry, GWB’s announced cuts in the US nuclear arsenal without a treaty.
Executive Privilege: claim by presidents that they have the discretion to decide that the national interest will be better served if certain if information is withheld from the public (people, courts, and Congress) Nixon’s refusal to turn over the Watergate tapes. Clinton’s refusal to turn over evidence re: alleged affair with Monica Lewinsky

4. List the formal and informal qualifications for President
List the formal and informal qualifications for President. Executive Branch Formal Qualifications -
35 years old, Natural Born Citizen, A resident of the US for at least 14 years.

5. Executive Branches Informal Qualifications
Military service, Government experience, Television presence – name recognition, photogenic and articulate, College education, ,Married with kids, Money (inherited, by marriage, personal fortune), Religious faith, Character, Proof of Citizenship, A “story” – war hero, peanut farmer, actor, etc., So far, male, Perceived as being in the political mainstream.

6. What are the formal and informal roles of the President?
Roles - Chief of State (IF), Chief Executive (F), Chief Legislator/Chief Agenda Setter (F), Chief of Party (IF), Chief Diplomat (F), Commander in Chief (F), Chief Economic Planner (IF)
Presidential Powers (Expressed) - Command the armed forces, Make treaties, Approve or veto acts of Congress, Send and receive diplomatic Representatives, Grant pardons and reprieves, See that laws are faithfully executed, Appoint Federal Judges, Cabinet members, and other government employees.
Presidential Powers (Implied) - Powers to issue Executive Orders and Removal Powers.

7. Identify the three types of powers granted to Congress and which Constitutional clauses go with the powers.
The three types of powers: delegated (Article I: Section 8), inherent (exist because a national government is a sovereign nation), and implied (not in the constitution – except Article I: Section 8: Clause 18)
Article I: Section 8: Clause 18 (Implied Power) Necessary and Proper Clause/Elastic Clause
Article I: Section 8: Clause 11 (Expressed Power) War Powers Clause.
Article I: Section 8: Clause 3 (Expressed Power) Commerce Clause;
Regulate immigration, deportation of aliens, acquire territory, to protect the nation against rebellion (Inherent Power)

8. Describe the process of how a bill becomes law (with and without a president’s signature) as well as the checks and balances the other two branches have on Congress when it comes to legislation
A bill can become law without the presidents signature only if there are more than 10 days left in the Congressional Session. If the president fails to sign the bill and there are more than 10 days the bill becomes law. However, if there are 10 days or less the bill does not become law. The chart for how a bill becomes law is attached below.

9. List the various leadership roles within the Congress as well as their duties and responsibilities within those positions
Speaker of the House - Most powerful member, Follows the VP in line, Presides and keeps order, Major role in committee assignments.
President of the Senate - Can oversee session, but cannot debate, Votes only in a tie, Not chosen by Senate, Mostly ceremonial.
President Pro Tempore - Presides in the absences of the VP, Elected by the Senate itself, Leading member of the majority party – usually longest serving member, Not as powerful as the Speaker.
Floor Leaders - Majority and Minority, Most powerful members after Speaker, Parties chief spokespeople, Selected through party caucuses, Helps pass laws their party wants.
Whips - Majority and Minority, Assistant floor leaders, Serve as Liaisons (gossips).

10. List and discuss the various committees within Congress
List and discuss the various committees within Congress. You should include a brief description of the most influential committees
Standing Committee – permanent, handle bills, specialize in one subject (House Rules (the most powerful committee in the House)), Ways and Means, Appropriations.
Select Committee – temporary, set up for specific purpose - Committee to investigate Watergate Scandal.
Joint Committee – temporary or permanent, includes members of both houses (The Library, Printing).
Conference Committee – temporary, work to compromise when both houses pass different versions of the same bill

11. List the formal and informal qualification for being a Senator and a Representative.
HOR (formal) - 25 years old, 7 years a US Citizen, A resident of the state
Senate (formal) - 30 years old, 9 years a US Citizen, A resident of the state.
Informal Qualifications for both houses - Party identification, Name familiarity, Gender, Religion, Ethnic characteristics, Political experience.

12. What are the key differences between the powers and duties of the House of Representatives and the Senate?

13. What is the one difference between a bill in the House and a bill in the Senate?
Bills in the house have to go through Rules Committee and are limited on debate (set forth by the Rules committee).
Bills in the Senate are unlimited in the amount of time needed for debates (filibuster).

14. There are no formal qualifications for being a judge.
List the formal and informal qualification for a being a member of the judiciary
There are no formal qualifications for being a judge.
Informal Qualifications – Lawyer, A record of political activity, Age = wisdom.

15. Define the term Judicial Review.
Definition: the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Example of separation of powers.
Established through the Supreme Court Case – Marbury v. Madison. Purpose - judicial review is considered a key check on the powers of the other two branches of government by the judiciary

16. Know the rulings in the court cases Marbury v. Madison, Miranda v
Know the rulings in the court cases Marbury v. Madison, Miranda v. Arizona, and Brown v. Board of Education
Marbury v. Madison – establishes Judicial Review.
Miranda v. Arizona – suspects have Miranda rights and those rights protect them from wrongful police interrogation.
Brown v. Board of Education – separate but equal schools are inherently unequal and are therefore unconstitutional.

17. List the system of checks and balances

18. What was the intent of the Framers when it comes to creating a national legislature?
They wanted to have a legislature that was deliberate and cautious in their thinking and creating of laws

19. What does the Constitution state
Definition - Document that created the present government of the United States. Written in 1787 and went into effect in It establishes the three branches of the US government. The BOR explains the basic rights of all American citizens
Purpose - Establish a federal government, Delegate to the federal government certain limited powers.

20. What is an executive agreement, a treaty, and executive order
What is an executive agreement, a treaty, and executive order? And how are they different?
Executive agreement is an agreement made with a foreign nation (usually for commerce reasons) but it does not require Senate approval like a treaty does.
A treaty is an agreement made with a foreign nation (usually as a way to end a war, battle, or embargo) and requires Senate approval
An executive order is a way for the president to write legislation. An executive order has the force of law

21. Know the 1st, 5th, 10th, 13th, 15th, and 22nd Amendments
1st Amendment – Freedom of Speech, religion, press, assemble, protest, and petition the govt.
5th Amendment - grand jury indictment, eminent domain, due process, self-incrimination, and double jeopardy.
10th Amendment – limits powers delegated to federal govt.
13th Amendment – abolishes slavery and involuntary servitude.
15th Amendment – can’t deny someone the right to vote based on race, color, or previous condition of servitude.
22nd Amendment – presidential term limits / Lame duck

22. Define the Supremacy Clause
Supremacy Clause (Article VI) – the Constitution is the “Supreme Law of the Land” There shall be no law above the US Constitution.

23. Who was Jefferson’s main influence when writing the Declaration of Independence?
Jefferson’s biggest influence when writing the Declaration of Independence was John Locke. John Locke believed in the natural rights of man – life, liberty and property. Jefferson changed the philosophy of Locke to Life, Liberty and the Pursuit of Happiness.

24. What are the key differences between a Presidential System and Parliamentary System
Presidential System - Voters elect the executive and legislature, The legislative and executive are co-equal, Creates prolonged conflicts and deadlocks, establishes Checks and balances.
Parliamentary System - Voters elect the legislature and The chief executive is drawn from the legislature.

25. Define the term federalism
The term federalism creates a dual system of government…where states and the federal system have shared powers, powers specific to the states, and powers specific to the federal government.
For example, the federal government and the state governments both have the power to tax, but because of the supremacy clause the states cannot tax the federal government, but the federal government can tax the states. This was established in the McCulloch v. Maryland Case.

26. Define the term separation of powers
Separation of Powers is a model of government in which different parts of the government are responsible for different functions; in the US these different areas Legislative, Executive, and Judicial. - References to an institution. Each institution does not depend on the other to exist

27. Define the term checks and balances
is a means of trying to ensure that no one of the above mentioned areas can operate completely on its own. Method of governance

28. What is the difference between the Electoral College and the Popular Vote?
Electoral College - When the people go to the poll, they are choosing who they want their electoral college to vote for in December. This group directly elects our president. Popular Vote The people vote for the president

29. How a Bill becomes a Law Process