Civics FINAL EXAM Study Guide Answer Key

Citizenship

1. What are the two ways to be a legal U.S. citizen?

1.) born in the US/parent(s) are citizens (law of soil/ law of blood)

2.) naturalization process

2. What is a naturalized citizen?

A person 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 on juries

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 hold all the power

Totalitarian? Government controls all aspects of people’s lives

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 governed and 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

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

1.  What ideas came from the Mayflower Compact?

Self-government, Social Contract, Direct Democracy

2.  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 resist the king’s abuse 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?

Three branches of government, 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

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 colonies.

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

Anti-Federalists? Didn’t want central government to be stronger than the states

What was the difference in thinking between the two groups? Anti-Federalists didn’t want the Constitution 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

1.  What are the purposes of government? (Know the Preamble School House Rock song)

Form 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

3.  What is the Supremacy Clause? What does it say?

Constitution is supreme law of the land. States can do nothing that goes against the Constitution or federal 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 and 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 cause and 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 unless you 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)inthe Constitutionwouldnotbeconstruedasdenyingorjeopardizingother rightsofthepeople. (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 –
4.  due process – follow legal procedures
5.  indictment by Grand Jury
6.  formal charge of your crime
7.  trial by jury
8.  double jeopardy – can’t be tried twice for same crime
9.  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 – 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 of habeas 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

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