US Government Study Guide:

Workings of US Government and Judicial Review

Name: __________________________________________ (Due by Class 4)
This study guide covers much of the mechanics of US overnment re!uired to have a "no#ledge of ho# our federal government
#or"s$ and bit more on the %udiciary branch and %udicial revie#& The source material #ill be your Constitution co'y$ the (ntroduction to
overnment te)t by *arry +lo#it, handed out in class$ and as many reliable research sources as you can obtain from the internet or library
to su''lement& This boo" also has a glossary of most governmental terms to be defined& -e sure to cite sources used outside of those
indicated in the study guide itself&
Section 1: Political Parties and Interest Groups
.ou couldn/t 'ossibly be an 0merican #ithout "no#ing about our t#o1'arty system& 2e have very mi)ed feelings about this3 0re 'olitical
'arties good$ or or they bad4 2ell$ li"e most com'licated systems$ there are good and bad as'ects to them& *ove /em or hate /em$ they/re
here to stay for no#$ and #e are going to s'end some time e)'loring them& The follo#ing !uestions are based on Cha'ter 4 of the
(ntroduction to overnment te)t&
5) 2hat are the three com'onents of 'olitical 'arties in 0merica today4
Te Part! in te "lectorate # citi$ens wo identif! temselves wit a part!%
Te Part! in Government # appointed or elected office olders considered reps of parties
&ormal Part! 'rgani$ation # Part! professionals wo campaign and fund raise(
6) 2hat are the seven functions of 'olitical 'arties4 (7lease 'lace these in full sentence descri'tions$ don/t %ust co'y
the bullet 'oints in the boo")
)o*ili$ation of voters Personnel +gencies
Providing ,ampaign Resources Simplif! elections - educate pu*lic
+ggregating interests 'rgani$e decision.making process
Watcdog Role% or /Te 0o!al 'pposition1
8) .ou read 2ashington/s 9are#ell 0ddress in a former study guide$ including his #arning about the :baneful effects of
the s'irit of 'arty&; 2hat 'rovision for 'olitical 'arties did the 9ounders ma"e in the Constitution4
Parties are not even mentioned in te ,onstitution2 Te &ounders considered tem dangerous(
4) (n a fe# #ords$ describe the first 'olitical 'arty system of 5<=>15?6?& 2hat events are you a#are of in the late
5<?@/s that #ould have created the highly 'olari,ed 'olitical system of this time4
&ederalists% led *! +le3ander 4amilton and Jon +dams% were *itterl! opposed to te anti.&ederalists% led
*! Tomas Jefferson( Jefferson5s part! *ecame te Repu*licans( Te &ederalist part! disappeared% and te
Repu*licans split into te 6ational Repu*licans led *! Jon 7uinc! +dams and te 8emocratic Repu*licans
led *! +ndrew Jackson( Tese *ecame te Wig and 8emocratic parties respectivel!(
A) Describe the second 'olitical 'arty system of 5?6?15?>@& Name t#o traits of the 2hig and Bac"sonian 'arties that
still seem to be traits of the Ce'ublican and Democratic 'arties today&
Te Wig 9to later evolve into te Repu*lican part!: favored a strong national government and *usiness
interests( )anufacturers% plantation owners% and Protestants were te core(
Te 8emocratic part! introduced suffrage to all wite adult males% te popular election of presidential
electors and national nominating conventions # *ring more of te political process into te ands of te
people( Te! were supported *! small farmer% ,atolics% new immigrants% and frontiersmen(

>) Describe the third 'arty system$ 5?>@ 1 5?=>& 0re you sur'rised to find out #ho the first D7 7resident #as4 2hat
does the D7 stand for4 2hat did the Democratic 'arty su''ort at this time4
Slaver! divided te Wig and 8emocratic parties% dissolving te Wig part! altogeter% and forming te
Repu*lican part! from te remnants of te Wig and te 8emocratic defectors( G'P stands for /Grand 'ld
Part!1 . te Repu*lican% anti.slaver! part!( 0incoln was te first G'P President(

+fter te ,ivil War% G'P dominated # ver! pro.*usiness( 8ems supported states rigts and limited gov5t(
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<) -riefly describe the fourth 'arty system$ 5?=> E 5=86& 2hat did the D7 su''ort at this time4
G'P continues to dominate% appealing to wide *ase of voters *! opposing social welfare assistance to te
individual *ut supporting gov5t efforts to assist *usiness( Woodrow Wilson was te onl! 8em president
during tis period(
?) 2ho #ere the 7rogressives$ and #hat reforms did they accom'lish4
Te first important ;
rd
part! movement% te Progressives empasi$ed political reform of corrupt *ig.cit!
macines found in te manufacturing regions of te 6W and )idwest( Tere was definite corruption to figt2
<oter registration% secret *allot% direct primar! and civil service laws did come out of te Progressive
movement( Tese reforms weakened te old of part! *osses *! giving voters greater influence over te
nomination and election process(
=) -riefly describe the fifth 'arty system 5=8615=?@& 2hat caused the country to shift its vie# of Ce'ublican 'olitics4
Te Great 8epression *ooted out 4oover and usered in te &8R era( Te 6ew 8eal laws passed% and
government *ecame muc more active in our lives( Tis was a 8emocraticall! controlled era( Te millions
of unemplo!ed and economicall! ard it citi$ens sifted te view of Repu*lican politics(
5@) -riefly describe the si)th 'arty system of 5=?@ on& 2hat has changed from 'rior systems4
Te Regan era sifted *ack to Repu*lican politics% *ut wit a division *etween ,ongress and te
Presidenc!% causing polari$ed politics(
55) 2hat are ty'ical differences bet#een the em'hases of the Ce'ublican and Democratic 'arties4
Repu*licans still stress rugged individualism% strong national defense% minimal government intervention in
te econom!% limited regulation of *usiness( Still seen as te more conservative part!% appeals to igl!
educated and wealt!(
8emocrats see government as a social /referee1 promoting social =ustice and fair emplo!ment practices(
Te part! tat appeals more to minorities% poor% and lesser educated voters% and /li*erals1 in te more
contemporar! sense(
56) 0mericans com'lain about the legislative gridloc" in government created by :tic"et1s'litting; voting that results in a
Democratic Congress and Ce'ublican 7resident& 2hy is it ironic that 0mericans are u'set over this4
>ecause we are te ones tat create tis2 There are many voters #ho s'lit their vote$ creating this dichotomy&
58) 2hat are some factors that contribute to the near invincibility of the t#o1'arty system in 0merica4 Name in your o#n
#ords five different factors&
4istor! and tradition # we5ve alwa!s ad a ? part! s!stem% and "ngland did *efore us
Te "lectoral s!stem means onl! one mem*er can win per office% it5s winner take all( Tere5s no
apportionment to minorit! parties as in oter countries(
"lection laws make it difficult for tird parties to get on te *allot( States control election laws% and nearl! all
state legislators are from te two main parties(
Te two main parties are *road *ased% um*rella parties tat allow for fle3i*ilit! in teir platforms( Te!
accept mem*ers from all groups( )inor parties often find teir ideas co.opted *! ma=or parties # suc as te
Green part! *eing co.opted for a green platform *! *ot parties(
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<oter *eliefs # Parties must ave *road appeal as +mericans ave accepted te rules of te game% and ave
a great deal of ideological consensus(
54) (Extra Credit for good research) Cesearch the :'latforms; of the old#ater 'residential run in 5=>4 and the
Fcovern 'residential run in 5=<6& 2hat s'ecific issues caused these candidates to a''ear e)treme and lose the
race4
Goldwater 1@AB: 4e wanted to undo a lot of te 6ew 8eal legislation and greatl! reduce te si$e and role of
government( Reagan ended up winning in 1@CD on man! of te same issues% onl! te! were moderated to
te point te +merican pu*lic could accept tem( Goldwater Euotes tat are telling:
I would remind you that extremism in the defense of liberty is no vice !nd let me remind you also that moderation
in the "ursuit of #ustice is no virtue Gthis after referring to *incoln$ the first Ce'ublican 7residentH$ $ $ $%hose who seek
absolute "ower& even though they seek it to do what they regard as good& are sim"ly demanding the right to enforce
their own version of heaven on earth$ !nd let me remind you& they are the very ones who always create the most
hellish tyrannies$ !bsolute "ower does corru"t& and those who seek it must be sus"ect and must be o""osed$ %heir
mistaken course stems from false notions of e'uality& ladies and gentlemen$ ('uality& rightly understood& as our
founding fathers understood it& leads to liberty and to the emanci"ation of creative differences$ Wrongly understood&
as it has been so tragically in our time& it leads first to conformity and then to des"otism$) *!cce"tance s"eech+
htt",--www$."resident$org-s"eeches-barrygoldwater/01.acce"tance$htm
)cGovern 1@F?: 4e stressed a new ta3 s!stem were te ric would pa! muc iger ta3es tan te poor%
and te loopoles would *e closed( 4e was against te <ietnam war% and was strong on empowering la*or
unions% make.work pu*lic =o* programs% universal pu*lic ealtcare% e3pansion of te Social Securit!
program to include more eligi*le individuals( 4e was socialist in te e3treme( See
ttp:--www(Bpresident(org-*rocures-mcgovern1@F?*rocure(tm
5A) -riefly describe the four different ty'es of minor 'arties& See htt':II###&'olitics5&comI'arties&htm 2hat ty'e #ould
you classify the Constitution 7arty$ reen 7arty$ and the *ibertarian 7arty4
Idealogical% 'ne.Issue% "conomic Protest% and Splinter(
,onstitution Part! is Splinter% Green Part! is 'ne.Issue% and te 0i*ertarian Part! is Idealogical(
5>) (f no minor 'arty candidate can 'ossibly #in the 7residency$ and Congressional #ins are !uite rare$ #hy do minor or
third 'arties matter$ #hat im'ortant 'olitical role do they 'lay4 Name at least three 'ositive contributions of third
'arties&
Te! attract new groups of voters% serve as forums for different opinions% and *ring new issues to te
national political agenda( Te! *egin political innovations(
5<) Cesearch #hat ha''ened in the 5==6 7residential election& Jo# does this relate to your reading4
0ooking for mention of Ross Perot% wo% as a tird part! candidate% upset te two part! *alance t!picall!
found in te Presidential election process( )an! *elieve George >us would ave won ad Perot *een out
of te race% as e likel! stole far more Repu*lican votes tan 8emocratic% allowing ,linton to win wit a
pluralit! of te popular vote% *ut not a ma=orit! 9Perot took nearl! ?DG% uneard of in prior istor!:( >ut
given te wa! te electoral college is run% since Perot couldn5t take an! states% it came down to >us-,linton
in te electoral college% and ,linton won(
5?) 2hat "ind of structure do 'olitical 'arties have4 0re they authoritative and centrally controlled4
It can *e surprising ow decentrali$ed and fragmented parties reall! are2 Tere is ver! little power *e!ond
te local level( State part! organi$ations do most of te actual work of te parties% fundraising% etc(
5=) 2hat are some of the #ea"nesses of the 'arty leadershi' that contribute to :dealignment4;
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'nce elected% officeolders can5t *e controlled *! part! leaders or eld accounta*le for campaign promises(
8eclines in lo!alt! to parties seems to *e te future pattern% given te decline in part! lo!alt! of te
+merican voting pu*lic(
6@) Name four #ays interest grou's influence government&
0o**!ing # paid representatives meet wit pu*lic officials to tr! to influence legislation
Ratings of legislators in voting guides
,ampaign assistance
Indirect tecniEues suc as ads and letters *! mem*ers(
65) 2hat Constitutional freedom contributes to the uni!uely 0merican trait of 'roducing :%oiners4;
&reedom of assem*l! # principle of association(
66) 2hat "ind of interest grou' has a long history in 0merican 'olitics4 2hat "ind of interest grou' has a more recent
history4 Jo# has the e)'ansion of government created gro#th in interest grou's4
"conomic interest groups ave *een around forever # suc as agricultural% *usiness% la*or and professional
groups(
6on.economic groups ave onl! *een active for a sorter period of time in +merican istor! # pu*lic
interest groups% ideological% consumer% women5s% religious% political action environmental and signle issue
interest groups(
68) Select one interest grou' that :interests; you :o)& Cesearch the si,e of the grou'$ it/s 'ur'ose$ ho# it is funded$ and
ho# it goes about influencing 'olitics& Did you select an interest grou' that su''orts a cause you agree #ith$ or
o''ose4
+nswers will var!(
64) 2hat are some of the 'roblemsIissues #ith regulating interest grou's I lobbyists4
It is difficult to regulate witout violating te ,onstitutional &irst +mendment rigts of citi$ens(
Section ?: <oting% ,ampaigns and "lections
The follo#ing !uestions are based on reading beginning on 'age >A of the Introduction to Government boo"& The Koting
0mendments #ill be covered in another unit&
6A) 2hat do you notice about the trend in the table on 'age >A4 Cesearch the statistics for more recent elections$ has
the trend continued$ or have there been shifts$ and #hy4
Percentage of eligi*le citi$ens wo vote steadil! decreased from 1@AC to 1@CC(
ttp:--www(presidenc!(ucs*(edu-data-turnout(pp as current stats% ?DDC G is HA(CG per anoter site# tis
trend as reversed in recent !ears( 6ote 1@@? was te Ross Perot !ear( >ut we aven5t reaced te levels of
te 1@HD5s and 1@AD5s(
6>) *ist some reasons #hy eligible voters do not vote&
4andicapped or ineligi*le(
+pat!( /)akes no difference wo wins(1
/I can5t influence te s!stem *! voting(1 0ack of real competition adds to tis(
/I know noting or care not a*out politics(1 8isinterest(
0ack of registration% polling lines too long% oter discouragements(
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6<) 2hat are some characteristics of 'eo'le #ho do care enough to vote4
Te iger te education and income% te greater likeliood of voting(
Stronger identit! to political part!(
Professional and iger income occupations vote more tan *lue collar(
Wites vote more tan minorities( Tis trend% owever% ad narrowed% and in te last election% it was
reported tat +frican +mericans voted at te same rate as wite voters( 'ter minorities suc as +sians and
4ispanics% owever% lagged(
ttp:--www(census(gov-es-www-socdemo-voting-pu*lications-p?D-?DDC-ta*les(tml
<oters in teir ;D5s% BD5s and HD5s are more likel! to vote tan ver! !oung or ver! old(
6?) Jo# are 7residential cam'aigns funded4 Jo# are Congressional cam'aigns funded4
Presidential . &ederal funds(
,ongressional # private fundraising(
6=) 2hat is the 9+C0 0ct$ and #hat does it mandate4 2hat #as the 2atergate scandal$ and #hat additional changes
#ere mandated after it4
Restricted campaign mone! tat could *e spent on media ads% and mandated disclosure of contri*utions
and e3penditures over I1DD% limited amounts candidates and teir families could donate to teir own
campaigns( Te 1@FB amendments provided for more limitations on ow muc could *e contri*uted to
campaigns per individual or P+,
8@) 2hat is a 70C4 2hy are the re'orting re!uirements im'ortant in 'olitical cam'aigns4
Political +ction ,ommittees( To prevent people from getting around te oter disclosure and limit laws
troug te cover of a P+,(
85) -riefly describe the 7residential +lection 'rocess$ from the state caucus$ the 7residential 'rimary$ the National
Convention$ the nomination of the 'arty candidates$ the general election and the +lectoral College&
htt':IIbensguide&g'o&govI81AIelectionI'resident&html is !uite good&
The process of electing a President as set up in the United States Constitution! The Constitution re"uires
a candidate for the presidency to #e !t least 23 years old 4 ! natural born citi5en of the United States4 and !
resident of the United States for /. years
%he following ste"s outline the general "rocess for "residential elections$
Step $: Primaries and Caucuses %here are many "eo"le who would like to become 6resident$ (ach of these
"eo"le have their own ideas about how our government should work$ Some of these "eo"le can belong to the same "olitical
"arty$ %hat7s where "rimaries and caucuses come in$ In these elections& "arty members get to vote for the candidate that will
re"resent their "arty in the u"coming general election$
Step %: &ational Conventions !t the end of the "rimaries and caucuses& each "arty holds a national convention to
finali5e the selection of one 6residential nominee$ 8uring this time& each 6residential candidate chooses a running9mate *or
:ice96residential candidate+$
Step ': The General (or Popular) Election ;andidates cam"aign throughout the country in an attem"t to win the
su""ort of voters$ <inally in =ovember& the "eo"le vote for one candidate$
When a "erson casts a vote in the general election& they are not voting directly for an individual 6residential
candidate$ Instead& voters in each state actually cast their vote for a grou" of "eo"le& known as electors$ %hese
electors are "art of the (lectoral ;ollege and are su""osed to vote for their state>s "referred candidate$
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Step (: The Electoral College In the (lectoral ;ollege system& each state gets a certain number of electors& based
on each state7s total number of re"resentation in ;ongress$ (ach elector gets one electoral vote$ <or exam"le& a large state
like ;alifornia gets 3. electoral votes& while Rhode Island gets only four$ !ll together& there are 32? (lectoral votes$
In 8ecember *following the general election+& the electors cast their votes$ When the votes are counted on
January 1th& the 6residential candidate that gets more than half *@AB+ wins the election$ %he 6resident9elect
and :ice 6resident9elect take the oath of office and are inaugurated two weeks later& on January @Bth$
86) 2hat is the electoral college$ #hy do critics thin" it is anti!uated$ and name one reform debated& Jo# does the
electoral college system affect the #ay candidates must cam'aign$ and #hy4
"lectoral ,ollege is descri*ed a*ove( +ntiEuated # *ecause te people don5t elect te President directl!%
and man! tink te! sould( 'ne reform is to eliminate te ", and simpl! use te popular vote( >ecause of
te ", s!stem% candidates must focus on winning ke! states% rater tan campaigning to te entire
electorate(
) Pages ** + ,- of the $ntroduction to Government #oo. contains a concise summary of Congressional
poers! Use this as a guide to study for the "ui/ in Class (!
Section ;: Te Powers of te President% 0egislature and Judiciar!
88) 2hat critical function does the :'o#er of the 'urse; give Congress$ as intended by the 9ounders$ that has its roots
in the creation of 7arliament in +ngland4
Tis gives ,ongress te cance to *alance presidential power( Te President as ,ommander in ,ief can
direct a war% for e3ample% *! ordering troops to a location% *ut e must ave funding from ,ongress% wic
means te! can impede is a*ilit! to do so(
Jou didn5t ave to write tis% *ut it5s interesting to know tat te roots of tis go *ack to te 1ADD5s wit
King ,arles II% wo got a little war.app! sending >ritis soldiers to figt 9and of course die: all over
"urope% and te dukes and *arons in Parliament finall! said enoug% we5re not pa!ing for is o**!( It did
te trick% te king ad to come ome and a*andon is e3pensive glor! campaigns% and *elieve me% e
wasn5t app! a*out it(
84) 2hat is meant by :bicameral; legislature4
Two ouses ave to pass te same identical *ill in order for it to *ecome law(
L Cevie# the Drgani,ation of Congress and ho# a bill becomes la#$ 'ages =6 E 5@5 of the (ntroduction to
overnment boo"& -e 're'ared for !uestions on the Class 4 !ui, on ma%or 'oints of this 'rocess&
htt':II###&usconstitution&netIconstto'_la#&html
Submitting a Bill Bills originate primarily from individual members of Congress. In addition, bills might
be brought to a member by a constituent or by a group of constituents; a bill can be submitted to a member
of Congress by one or more state legislatures; or the President or his administration might suggest a bill.
Bills can be introduced in either house, though as noted above, a bill must eventually pass both houses to
become law. The exception to this is that bills for raising revenue must originate in the ouse, and never
in the !enate.
Committees Both houses of Congress, the ouse and the !enate, are divided into large groups called
Committees, with most committees divided yet again into !ubcommittees. "ach Committee tends to a general topic
in the nation#s business, li$e %inance or the &ilitary. !ubcommittees are even more speciali'ed, with one on, for
example, &ilitary (uclear )eapons, and another on &ilitary Pay.
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*nce a bill is introduced, it is assigned to a committee. + bill is scheduled to have hearings, at which time
witnesses may be called to testify as to why a bill is needed, and sub,committee members as$ -uestions of the
witnesses to determine the need or validity of the bill. *nce the hearings are held, the members of the
subcommittee will then vote on the bill to see if it should proceed further, on to the full committee. If the vote fails,
then the bill dies.
!ome bills are broad enough to warrant direct consideration by the full committee itself. These types of bills, and
bills that are referred to the full committee by a subcommittee, are debated in the committee, which might call
witnesses, too. %inally, a vote on the bill is ta$en at the committee level. If the bill is defeated in the committee
vote, it dies. If it passes, a committee report is attached to the bill and it is sent to the full house.
House Procedure
In the ouse, a bill approved by a committee is referred to the whole ouse. &ost are then referred to the so,
called Committee of the )hole, which consists of all members of the ouse, but with a much lower -uorum
re-uirement. *nce in the Committee of the )hole, it is read and debated upon. .uring this general debate, time is
allotted for debate, with e-ual amounts of that time given to the two main parties in the ouse. )hen the time for
debate is up, a second reading is done. +fter the second reading, amendments to the bill may be offered, debated
upon, and voted upon. *nce the Committee of the )hole is done with the bill, it is referred bac$ to the full ouse.
(ote that a bill cannot be $illed in the Committee of the )hole, although amendments may be placed on the bill
that ma$e it undesirable. This is often $nown as a /poison pill./.
*nce in the hands of the full ouse, the amendments placed on the bill by the Committee of the )hole are voted
upon , they can be voted upon en masse or one at a time. +fter that, one of two votes can happen , either a vote to
recommit 0which can send the bill bac$ to committee if approved1, or a vote on the bill, as amended. If a recommit
vote fails, a full vote is ta$en.
If a bill passes, it is organi'ed and published. The ouse uses blue paper for approved bills.
Senate Procedure
+fter a !enate committee refers a bill to the full !enate, it can ta$e one of two main roads. In some cases, with
emergency or other non,controversial bills, a simple voice vote is ta$en of the !enate, and the bill either passes or
fails. +mendment is possible even when the simple voice vote can be used. If consent for a voice vote is not
available, the bill is placed on the calendar for review by the entire !enate at a later date.
)hen the bill#s time comes up, ob2ection can be noted. If no ob2ection is noted, each !enator has five minutes to
spea$ on the bill. .uring this time, amendments may be offered. If ob2ection was offered, then each !enator has
the opportunity to spea$ on the bill for as long as he or she wishes. %rom time to time, a !enator may /filibuster/
by spea$ing about a bill for an extended period of time, never yielding the floor to another !enator. This is
usually, at most, a delaying tactic, since a single member cannot spea$ for an indefinite amount of time. By
combining forces with other !enators, however, it can be an effective tool for stopping action on an item, or for
forcing compromise on an item.
+fter all amendments are offered and voted upon, and all !enators who wish to tal$ have had a chance to, the bill
is put forth for a vote.
Conference
*nce a bill leaves the ouse and the !enate, it must be chec$ed. If anything in the two versions of the bill differ, in
any way 0even in something as minor as punctuation1, the bill must be reconciled. The house in which the bill
originated is given a copy of the bill with its differences. %or example, if the ouse originated a bill, then sent it
along to the !enate for consideration, and the !enate made changes, the bill is sent bac$ to the ouse. If the
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changes are minor, they might be accepted by the originating house with no debate. If changes are of a more
substantial nature, however, a conference is called for.
In a conference, a number of 3epresentative and a number of !enators meet to wor$ out the differences in the two
versions of the bill. The people in the conference committee are $nown as managers. The number of managers
from each house of Congress is of little concern, because the managers from each house vote separately. !o, for
example, a conference committee might have ten 3epresentatives and seven !enators. &anagers are not allowed
to substantially change the bill. They may add an amendment from one bill into the other, or ta$e out an
amendment added but not in the other. But they cannot add new amendments to both versions of the bill. )hen
there is disagreement, new text, which might be a compromise between two versions, can be proposed. But the
changes must be consistent with the bill itself.
%ollowing negotiations, the managers ma$e reports bac$ to their houses, that they were able to agree on the bill,
able to agree only on some parts of the bill, or were unable to agree at all on the bill. If the first case, the bill is
revoted upon in both houses. If the latter two cases, the bill may go bac$ to a new conference committee, referred
bac$ to the committees in the two houses, or it may 2ust die because the differences are too vast to bridge.
On to the President
*nce a bill leaves the Congress, it goes to the President for his signature. The President, or his staff, has been
trac$ing bills that pass the Congress. + bill showing up on the President#s des$, then, is never a surprise. In all
li$elihood, the President has commented on the bill, indicating his li$elihood of signing it, perhaps indicating that
he will veto it unless certain provisions are in the bill, and so on. By the time the President officially sees the bill,
it is either in accordance with his wishes, or in defiance of them.
*fficially, all bills that pass both houses are signed by the !pea$er of the ouse and the President 0or President
Pro Tem1 of the !enate before being presented to the President. Then, the bill is delivered to the President and the
45,day cloc$ starts to tic$.
If it sits unsigned for more than the 45,day period, the bill becomes law regardless of his signature or not. The
exception to this 45,day period is commonly called a poc$et veto. In a poc$et veto, the President can $ill a bill if it
goes unsigned and Congress ad2ourns prior to the 45,day time limit. The term /poc$et veto/ comes from the fact
that if the President $nows an ad2ournment is coming, he can place the bill in his poc$et and forget about it. (ote
that the general interpretation of the ad2ournment needed for a poc$et veto does not include short,term
ad2ournments; only when the Congress ad2ourns /sine die,/ or, basically, for good. This might be when a Congress
ends before the next begins, or during an extended ad2ournment during a seasonal brea$.
If the President vetoes the bill, a veto message is sent bac$ to Congress. The message contains the President#s
ob2ections to the bill. The two houses of Congress may decide to revote on the issue right away. (ormally, it is
$nown if enough members will vote to override the bill 0two,thirds is needed1. If such a ma2ority exists, the revote
is almost guaranteed. If no immediate revote is ta$en, the bill can be tabled for later vote or sent bac$ to the
committee to have further wor$ done. If a vote is ta$en to override, and the vote fails, the bill dies.
8A) Cevie# Cha'ter < in the (ntroduction to overnment boo"& -e 're'ared for !uestions on the the Constitutional
!ualifications of the 7resident$ the 66
nd
and 6A
th
0mendments$ 7residential succession$ im'eachment$ the 7residents
four ma%or roles$ the three ma%or addresses and 'o#er of veto&
+ge and ,iti$ensip reEuirements . US ,onstitution% +rticle II% Section 1 No 'erson e)ce't a natural born
citi,en$ or a citi,en of the United States$ at the time of the ado'tion of this Constitution$ shall be eligible to the office
of 7residentM neither shall any 'erson be eligible to that office #ho shall not have attained to the age of tirt!.five
!ears$ and been fourteen !ears a resident #ithin the United States&
Term limit amendment . US ,onstitution% +mendment LLII% Section 1 # ratified &e*ruar! ?F% 1@H1 No 'erson
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shall be elected to the office of the 7resident more than t#ice$ and no 'erson #ho has held the office of 7resident$ or
acted as 7resident$ for more than t#o years of a term to #hich some other 'erson #as elected 7resident shall be
elected to the office of the 7resident more than once&
Te ?Ht +mendment reiterates #hat is stated in 0rticle 6$ Section 5: that the Kice 7resident is the direct successor
of the 7resident& Je or she #ill become 7resident if the 7resident cannot serve for #hatever reason& The 6Ath also
'rovides for a 7resident #ho is tem'orarily disabled$ such as if the 7resident has a surgical 'rocedure or if he or she
become mentally unstable&
The original Constitution provides that if neither the President nor Vice President can serve, the Congress
shall provide law stating who is next in line. Currently that law exists as 3 USC 1, a section of the U.S.
Code. This law was esta!lished as part of the Presidential Succession "ct of 1#$. There, the following
line of succession is provided%
Spea&er of the 'ouse of (epresentatives
President Pro Te)pore of the Senate
Secretary of State, and other Ca!inet )e)!ers after that
The House of Representatives can impeach or !ring charges against the President for )isuse of
powers or co))itting cri)inal actions. " )a*ority of the 'ouse, and a +,3 )a*ority of the Senate is
re-uired to convict. .nly President "ndrew /ac&son was ever i)peached !y the 'ouse, and 0ixon avoided
it !y resigning.
Four main roles: Chief of State, Leader in Foreign Polic, Commander in Chief, Chief Legislator!
Three main addresses: State of the Union address, 0ational 1udget )essage, "nnual 2cono)ics (eport.
Presidential "eto% Can 13 not sign, !ut !ill goes into law4 +3 poc&et veto 5 doesn6t sign, !ut !eco)es law,
and 33 Veto !y writing o!*ections to Congress.
8>) See 'age 5@=& Jo# can the 7resident be the National +conomic Fanager if Congress controls the 'urse strings4
Powerful presidents can present teir economic remedies to te nation( People tend to tie te economic
performance of te countr! to te President% even toug e cannot make laws(
8<) 2hat are the constraints on the 7resident/s 'o#er4
Judicial ,onstraint
Pu*lic 'pinion
,ongressional ,onstraint
)edia
8?) Describe the 7residential Cabinet (hint$ it isn/t made of mahogany Mo)& Jo# many cabinet heads are there today$
and ho# are they a''ointed4
Tere are now 1H ,a*inet eads% all appointed *! te President% su*=ect to confirmation *! te Senate(
8=) 2hat t#o factors have gro#n the Kice 7resident/s 'o#er in the last fe# decades4
Te onl! ,onstitutional power of te <P is to preside over te Senate and cast te deciding vote wen a tie
e3ists( >ut te vast national econom! and comple3it! of our societ! ave accelerated e3pectations of te
Presidential office% and ence% tat of te <P(
4@) Cha'ter = ('& 58@) of the (ntroduction to overnment boo" introduces the 0merican Budicial System& 2hat is
Common *a#$ and #hat does it mean to us today4
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,ommon law are tose rules wic ave *een created *! =udges troug teir decisions in numerous cases
# precedent(
45) 2hat is :e!uity la#;4 Cesearch and give a recent e)am'le&
Permits =udges to issue orders preventing possi*le damage or to direct tat some action *e takenM used
wen simpl! waiting for a law to *e violated would not *e wise(
46) 2hat are the t#o ma%or branches of statutory la#4
,ivil and ,riminal law(
48) 2hat is Constitutional la#4
Interpretation and application of te US ,onstitution% usuall! *! te Supreme ,ourt(
44) 2hat courts handle the vast ma%ority of %udicial matters in the nation4
State and local courts(
4A) 2hat is %urisdiction4
Te autorit! to ear% tr! and decide a case(
4>) 2hat is original %urisdiction and a''ellate %urisdiction$ and #hich federal courts have these %urisdictions4
Te court tat ears a case for te first time as original =urisdiction # 8istrict courts ave onl! original(
+ppellate =urisdiction is te autorit! to ear appeals% and courts of appeals onl! ave appellate =urisdiction(
Te Supreme ,ourt as *ot(
4<) Jo# many %ustices are on the Su'reme Court$ ho# long do they serve$ and ho# are they a''ointed4
,urrentl! we ave @ =ustices on te court% and te! serve for life( +ppointed *! te President su*=ect to
Senate confirmation(
4?) Carbury v$ Cadison #as a #atershed case heard in 5?@8 that established the Su'reme Court/s role as :referree;
#hen t#o 'arties disagree on the constitutionality of an action& This is #hat is called the 'o#er of %udicial revie#$ and
it #ill be integral to the rest of this course& The bac"ground of the case is fascinating$ and sho#s that :dirty tric"s; in
'olitics aren/t ne#& 0 'olitically motivated stuffing of the %udiciary #as e)ecuted in #hat #as "no#n as 0dam/s
Fidnight 0''ointments$ to ensure that #hen Thomas Befferson too" office as 7resident$ he #ould not be able to
influence the %udiciary #ho #ere all of the o''osing 'arty& Cead the follo#ing
htt':II###&landmar"cases&orgImarburyIbac"ground8&html and the e)cer'ts of the ma%ority o'inion of the Court
htt':II###&landmar"cases&orgImarburyIma%ority&html & 0ns#er !uestions 5 E A at the bottom of the 6
nd
'age&
(f the Su'reme Court of the United States had issued the writ of mandamus$ ho# could it have forced Fadison to
com'ly #ith the order4 2hat #ould have ha''ened if he had ignored it4 ((n other #ords$ does the Court have
enforcement 'o#er4) 1 6'% it as no power of enforcement(
(n the Court/s o'inion$ is Farbury entitled to his a''ointment4
#es!
0ccording to the decision$ does the Su'reme Court of the United States have the authority to issue a writ of
mandamus to force Fadison to deliver the commission4 +)'lain& (s there any #ay to reverse the Court/s decision4
$ot according to this opinion!
(n this case$ Chief Bustice Bohn Farshall and the Court Ngave u' some 'o#er in order to get more&N +)'lain& 2hat
'o#er did they give u'4 2hat 'o#er did they gain4 2hy did the Court do this4
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The gave up the po%er to decide the case, &ut too' on the po%er of (udicial revie%, %hich isn)t
specificall designated in the Constitution!
2hy does the %udicial branch$ as o''osed to the e)ecutive or legislative branch$ have the 'o#er of %udicial revie#4
The legislative &ranch ma not do a ver good (o& of policing itself! *nd if an e+ecutive has this
po%er, he &ecomes 'ing, %ith too much authorit in the &od of one person! *dditionall, the
Supreme Court mem&ers have ,ualifications the others do not have!
(magine that Befferson$ rather than 0dams$ had a''ointed the Chief Bustice of the Su'reme Court& 2ould the
outcome of this case$ and the future of the country$ have been different4 2hy4 *ns%ers %ill var! - &elieve that
eventuall this issue %ould have come up! There logicall has to &e some referee for conflicts %ith the
Constitution! .ut it ma have ta'en a lot longer to occur!
A4) Cead the !uotes of Thomas Befferson/s reaction to this decision&
htt':II###&landmar"cases&orgImarburyI%efferson&html
2hat grounds does Befferson give for disagreeing #ith the Court/s :usur'ation; of the 'o#er of %udicial revie#4 2hy
is this controversial at all4
Jefferson indicates tat all te *rances sould ave eEual autorit! to interpret te ,onstitution(
AA) (f the Constitution 'rovides no guidance for arbitrating disagreements on the inter'retation of its 'rovisions$ ho#
could our society decide ma%or disagreements #ithout the Court/s involvement4 This is your o'inion
+nswers will var!(
A>) *et/s go bac" to the (ntroduction to overnment boo"$ 'age 58<$ and cover some more mechanics of ho# the Court
functions& 2hat determines #hether a case gets heard by the Su'reme Court4
Te ,ourt decides wat cases sould *e eard *ased on te rule of four # if four of te nine =ustices agree(
A<) The Court +ras are im'ortant in that they have had a ma%or influence on our country/s history and develo'ment&
-riefly list the seven eras and one or t#o defining features of each era&
)arsall "ra # 1FCF # 1C;A # (nstituted single o'inion for entire court& 7ro'erty 'ro'erty 'rotection and strong
national government&
Tane! ,ourt 1C;A # 1CAB # Constitutional basis for 'olice 'o#ers$ infamous for Dred Scott decsion
,ivil War and Reconstruction 1CAB#1CFH # Conflict #Icourt over CeconstructionM court reduced to <$ then = again
"ra of ,orporate Power 1CFH # 1@H; # Court 'rotected cor'orate 'o#er$ limited national gov/t and states
regulatory statutes& Ne# Deal originally struc" do#n$ then u'held
Warren ,ourt 1@H;.1@A@ # Court became 'olitically active in civil liberties$ social legislation$ due 'rocess and
criminal rights& Jistoric -ro#n v& -oard of +ducation case of 5=A4&
>urger ,ourt 1@A@ # 1@CA # Fore conservative than 2arren Court$ even though Coe v& 2ade #as decided during
this era& 2atergate&
RenEuist ,ourt 1@CA # ?DDH 1 Conservative era of the court&
A?) 7age 545 hits on the single most controversial issue for the Su'reme Court E does the Court ta"e an active role in
defining constitutional la#$ or does it restrain itself and ma"e decisions only in rare$ :last resort; situations4 Cead the
arguments for and against each 'osition& 2hat 'osition do you thin" #ould be more in line #ith the 9ounders/ intent$
and #ith more conservative 'olitical traditions4 Could activism on the 'art of the Court be %ustified in certain
situations4
+nswers will var!( Seems clear% owever% tat te &ounders did not envision an activism in wic te
=udiciar! overruled te legislature e3cept under ver! e3treme circumstances(
A=) Cead the (ntroduction and Befferson/s 9irst (naugural 0ddress ('& >5 E >A of the Dover te)t)& -y no# you have some
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bac"ground on #hat #as ha''ening in our government regarding 'olitical 'arties and the struggle for 'o#er
bet#een the 'arties that 'roduced Carbury v$ Cadison& Befferson ma"es several a''eals for unity in the still
fledgling government& 2hat are some of these a''eals4
/( ( ( toug te will of te ma=orit! is in all cases to prevail% tat will to *e rigtful must *e reasona*leM tat
te minorit! possess teir eEual rigts% wic eEual law must protect% and to violate would *e oppression(
0et us% ten% fellow.citi$ens% unite wit one eart and one mind( 0et us restore to social intercourse tat
armon! and affection witout wic li*ert! and even life itself are *ut drear! tings( +nd let us reflect tat%
aving *anised from our land tat religious intolerance under wic mankind so long *led and suffered%
we ave !et gained little if we countenance a political intolerance as despotic% as wicked% and capa*le of as
*itter and *lood! persecutions( ( ( ever! difference of opinion is not a difference of principle( We ave called
*! different names *retren of te same principle( We are all Repu*licans% we are all &ederalists( If tere *e
an! among us wo would wis to dissolve tis Union or to cange its repu*lican form% let tem stand
undistur*ed as monuments of te safet! wit wic error of opinion ma! *e tolerated were reason is left
free to com*at it(
>@) 0s you recall$ the Ce'ublicans and 9ederalists disagreed on ho# strong the federal government should be& Jo#
does Befferson address this$ and argue that it might be 'remature to #orry about this4
/Sometimes it is said tat man can not *e trusted wit te government of imself( ,an e% ten% *e trusted
wit te government of otersN 'r ave we found angels in te forms of kings to govern imN 0et istor!
answer tis Euestion(1
>5) 2hat does Befferson say a :#ise and frugal overnment; should do4
/ ( ( ( ( a wise and frugal Government% wic sall restrain men from in=uring one anoter% sall leave tem
oterwise free to regulate teir own pursuits of industr! and improvement% and sall not take from te
mout of la*or te *read it as earned( Tis is te sum of good government% and tis is necessar! to close
te circle of our felicities(1
>6) 2hat is the :most com'etent administration for our domestic concerns and the surest bul#ar"s against
antire'ublican tendencies;4
/( ( ( (te State governments in all teir rigts1
>8) 2ho is invo"ed at the end of Befferson/s 0ddress4
God( /+nd ma! tat Infinite Power wic rules te destinies of te universe lead our councils to wat is
*est% and give tem a favora*le issue for !our peace and prosperit!(1
Supreme ,ourt Justices toda!:
Coberts$ Bohn &$ Br& Faryland -ush$ & 2& Se'tember 6=$ 6@@A
Stevens$ Bohn 7aul (llinois 9ord December 5=$ 5=<A
Scalia$ 0ntonin Kirginia Ceagan Se'tember 6>$ 5=?>
Oennedy$ 0nthony F& California Ceagan 9ebruary 5?$ 5=??
Thomas$ Clarence eorgia -ush$ & J& 2& Dctober 68$ 5==5
insburg$ Cuth -ader Ne# .or" Clinton 0ugust 5@$ 5==8
-reyer$ Ste'hen & Fassachusetts Clinton 0ugust 8$ 5==4
0lito$ Samuel 0&$ Br& Ne# Bersey -ush$ & 2& Banuary 85$ 6@@>
Sotomayor$ Sonia Ne# .or" Dbama 0ugust ?$ 6@@=
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