Study Guide, Part I

I. Introduction

Know the following people and their political party:

● President : Joe Biden - Democrat

● Vice President : Kamala Harris - democrat
● New Jersey Governor : Murphy - democrat
● New Jersey’s Senators : Bob Menendez - democrat, Cory Booker - democrat
● Your Representative in Congress : Donald Norcross - democrat

Know and be able to describe each of the characteristics of every State in the world.

Defined borders, structure of government, permanent population, sovereignty

Be able to name and describe the four theories as to how the State came to be.

Evolutionary Theory: Stating that government just naturally evolved from powerful
families

Force Theory: Stating that a group of people were taken over by one or a small group of
people and started the first state

Divine Right Theory: Stating the government derived from someone who said that God
gave them the right to rule

Social Contract Theory: Stating that a group of people made a document with rules and
regulations for the people to follow

Understand and be able to define the following terms:

● “The State of Nature” (Hobbes) - without government, there would be a “war of every
man against every man.”

● Democracy - a system of government by the whole population or all the eligible

members of a state, typically through elected representatives.

● Direct Democracy - a form of government in which policies and laws are decided by
a majority of all those eligible rather than by a body of elected representatives.
 ● Indirect Democracy - a type of democracy where elected people represent a group of
people, in contrast to direct democracy.

● Dictatorship - form of government in which one person or a small group possesses

absolute power without effective constitutional limitations.

● Autocracy - a form of government in which one ruler has absolute control and
decision-making power in all matters of state and over all the country's people.

● Oligarchy - a form of government characterized by the rule of a few persons or

families.

● Parliamentary Government - a system of democratic governance of a state where the

executive derives its democratic legitimacy from its ability to command the support
of the legislature, typically a parliament, to which it is accountable.

II. Revolution and Ratification

The Stamp Act

A tax on all paper documents in the colonies

First & Second Continental Congress

First: -everyone but Georgia
-sent Declaration of rights, protesting british policies

Second: -first national government in the US

-government made stricter rules
-started the revolution

Events Leading Towards The Declaration of Independence:

Stamp act, Boston Tea Party, Boston Massacre, first continental congress, second
continental congress

The Articles of Confederation (weaknesses in particular)

The first US government after declaring independence, weaknesses: no central government,
Congress could not enforce laws, tax, or regulate trade. No national court, requires all states to
vote on changing

Shay’s Rebellion : -showed we were in need for a new government

-shay wanted to stop his land from being seized
-there was no national government to stop this

The Framers : are a group of people who attended the Philadelphia constitutional
convention

The Virginia Plan (focus on issue of representation) : the states representatives were based off
of the population financial contribution.

The New Jersey Plan (focus on issue of representation) : each state gets one representative.

Connecticut Compromise: Congress should be comprised of 2 houses

Three-Fifths Compromise: Slaves counted as ⅗ of a person.

Federalists : -led by James Madison and Alexander Hamilton

-thought that the articles of confederation were TOO weak
-thought that a stronger national government was needed

Anti-Federalists:
-Led by Patrick Henry and Alexander Hamilton.
-Believed that states no longer have the power to print their own money

Separation of Powers : -executive : enforces law

-legislative : makes laws
-judicial : interpreting laws
-the constitution distributes the powers of federal government among
congress, the president and the courts
Checks and Balances: the 3 branches are tied together by a system of checks and balances
- each branch is given the power to “check” the operations of the other branches

Judicial Review (Marbury v. Madison) : Power of the Supreme Court to declare

unconstitutional acts of Congress or the President. The constitution doesn’t provide for
judicial review.

III. Federalism

Federalism : -division of federal and state

-creates a dual system of government

Delegated Powers - powers granted to the national government under the United States
Constitution.

Expressed Powers - powers that are specifically granted to the federal government in Article
I, Section 8 of the Constitution.

Implied Powers - powers that, although not directly stated in the Constitution, are implied
to be available based on previously stated powers

Necessary and Proper Clause (elastic clause)

Inherent Powers: powers that belong to the national government because it is the national
government of a sovereign state
- powers that all national governments have come to possess
- Ex: power to regulate immigration

10th Amendment/Reserved Powers: The powers not delegated to the US by the constitution
are reserved to the states or by the people.
Exclusive Powers: powers that that can only be exercised by the national government
- most of the powers that the constitution delegates to the national government are
exclusive powers
- Some are explicitly denied to the states
- Power to coin $
- Power to tax imports
- Power to make treaties with foreign nations
- Some are not explicitly denied to the states, but can be inferred as denied because of
the power involved

Federal Powers vs. State Powers vs. Concurrent Powers

The Supremacy Clause : -the federal laws are superior to the state laws
-it was created in response to states having too much power during
articles of confederation
-“supreme law of the land”

McCulloch v. Maryland (facts, issues, holding/decision, rationale)

Categorical Grants

Block Grants

Project Grants

Interstate Compacts

Full Faith and Credit Clause

Extradition
Privileges and Immunities Clause

Study Guide, Part II

IV. Congress (Article I)

House of Representatives (size, qualifications, elections, leadership, etc.)

A representative must be at least 25 years old, a United States citizen for at least seven
years and an inhabitant of the state he or she represents. 435 elected representatives total.

Gerrymandering
To manipulate borders to a party’s favor

The Census
an official count or survey of a population, typically recording various details of
individuals. Also
helps us determine where to put funding towards.

Senate (size, qualifications, elections, leadership, etc.)

100 senators 2 from each state. Senators are at least thirty years old, US citizens for nine
years, and must reside in the state they are running for.

2022 midterm elections

“Off-year” midterm elections

Midterm elections in between presidential elections.

Express Powers
Powers given to congress that are stated directly in the constitution

Implied Powers
powers granted to the United States government that aren't explicitly stated in the
Constitution

Non-Legislative Powers
Powers are powers given to Congress to help “check” the power of the other branches.
Strict vs. Liberal Interpretation of Constitution

Congressional Committees
Committees formed to consider bills and issues and oversee agencies, programs, and
activities within their jurisdictions.

Seniority Rule
The practice of ranking senators based on length of service

How a Bill Becomes a Law

V. Executive Branch (Article II)

Roles of the President (read over worksheet)

Chief diplomat, Head of State, Commander in Chief

Formal Qualifications to be President

Informal Qualifications to be President

Term in Office (22nd Amendment)

Order of Presidential Succession

Presidential Disability/25th Amendment

Role of the Vice President (“Balance the ticket”)

Presidential Nominations/Elections (open vs. closed primaries, order of primaries, national

conventions, etc.)
Electoral College

Recount/2000 Election

Presidential Powers

VI. Judicial Branch (Article III)

Appointment/Confirmation

Jurisdiction

Terms

# of justices (historically and currently)

Conservatives v. Liberals on the court (currently)

“Rule of Four”

Writ of Certiorari

Majority, Concurring, Dissenting Opinions

Stare Decisis

VII. Bill of Rights

What are they?

1. Freedom of speech, press, religion, assembly, and petition

2. Right to bear arms in order to maintain a well regulated militia
3. No quartering of soldiers
4. Freedom of unreasonable searches and seizures
5. Right to due process of law, freedom from self incrimination, double jeopardy
6. Rights of accused person, right to a quick and speedy trial
7. Right by trial of jury in civil cases
8. Freedom from excessive bail, cruel and unusual punishment
9. Other rights of people
10. Powers reserved to the state

Why does it exist? (Compromise between federalists and anti-federalists)

The anti federalists argued that we needed a bill of rights to protect the people and their
rights, the federalists wanted a stronger government but agreed to forming this stronger
government.

Free Exercise Clause vs. Establishment Clause

Freedom of Speech
This means that the government may not jail, fine, or impose civil liability on people based
on what they say or write… except in exceptional circumstances. The firer amendment
protects speakers against the government, but it does not protect speakers against private
employers, private colleges, etc.

Masterpiece Cake