Name: Date: Chapter 9 Study Guide Section 9-1: Understanding the Constitution Fill in the blanks: 1. The United States government may be described as a representative democracy, or one in which people exercise political power by voting for people to represent them in government. 2. The above type of government is also known as a republic. 3. Delegated powers are those powers granted only to the federal government by the Constitution. 4. The elastic clause, also known as the Necessary and Proper Clause, gives the government authority to make laws necessary to carry out the powers granted to it by the Constitution. 5. Reserved powers are those powers implied to be held by the states. 6. Concurrent powers are those powers shared by the federal and state governments. 7. Separation of powers is the idea that the powers of the government are divided in order to limit the power of each branch. 8. Every ten years, the government conducts a census, or official count of the population of the United States. 9. Apportionment is the planned distribution of Congressional representation based on the results of the above process. 10. The party with the higher number of Representatives or Senators in their respective house of Congress is called the majority party in that house. 11. The party with the lower number of Representatives or Senators in their respective house of Congress is called the minority party in that house. 12. In the House of Representatives, the dominant party elects one of their own to become the Speaker of the House. 13. A bill is a proposed law. 14. The term impeach means to accuse a high ranking government official of serious wrongdoing or crimes. 15. The President has the power to veto, or reject laws sent to him or her by Congress. 16. The President has the power to pardon people for their crimes. 17. The President is the commander-in-chief of the US military.
18. The President may issue executive orders, directives to the government which carry the weight of law. 19. The Cabinet includes the heads of the various executive departments who act as advisors and carry out the President s policies and orders. 20. The above department heads often carry the title of Secretary of State, Defense, etc. 21. In each executive department (State, Defense, Justice, etc.) there are numerous agencies responsible for carrying out policy and enforcing the law. 22. The Supreme Court is the highest level court in the United States. 23. Judicial review is the power of the federal courts to review acts of the federal government and determine if they agree with the Constitution. 24. If a federal court judges a law to be in disagreement with the Constitution, it is declared unconstitutional. 25. The lowest level of federal courts are called district courts. 26. Decisions of lower courts are examined and scrutinized in courts of appeal. 27. The Supreme Court has original jurisdiction in cases involving government officials, cases where States are plaintiffs or defendants, etc. 28. The Supreme Court has appellate jurisdiction in all other cases, especially those dealing with Constitutional questions. 29. Thurgood Marshall was the first African-American justice appointed to the US Supreme Court. 30. Sandra Day O Connor was the first female justice appointed to the US Supreme Court. Thoroughly answer the following questions: 31. a) Which section of the Constitution describes the legislative branch? b) What is the primary duty of the legislative branch? c) What are the two houses of Congress, and how is representation in each determined? a) Article I b) To make laws c) House of Representatives, where representation is determined by state population, and the Senate, where representation is equal for all states 32. a) What are the requirements for becoming a Representative in the House of Representatives? b) How long is a Representative s term? c) Who is the leader of the House of Representatives? a) US citizen for at least 7 years, at least 25 years of age, resident of the state he or she is representing b) Each Representative serves a two year term c) The leader of the HoR is the Speaker of the House 33. a) What are the requirements for becoming a Senator in the US Senate? b) How long is a Senator s term? c) Who presides over the Senate, and when can he or she vote on legislation? a) US citizen for at least 9 years, at least 30 years of age, resident of the state he or she is representing b) Each Senator serves a six year term
c) Vice-President presides over the Senate, can only vote when there is a tie 34. a) Which section of the Consitution describes the executive branch? b) What is the primary duty of the executive branch? c) Who is the head of the executive branch? a) Article II b) To execute, carry out, and enforce laws c) The President of the United States (POTUS) 35. a) What are the requirements for becoming President of the United States? b) How many terms can a President serve, and how long is each term? a) Must be a natural-born US citizen, lived on US soil for at least 14 years prior to election, at least 35 years of age b) Maximum of two terms, four years per term 36. In the event that a high ranking government official commits some sort of treason, bribery, or other high crimes and misdemeanors : a) What process then takes place? b) Who acts as a jury in this trial? c) Who presides over the trial as judge? a) Impeachment process where he is officially charged by the House of Representatives with some form of wrongdoing b) The US Senate acts as a jury in the trial c) The Chief Justice of the Supreme Court acts as judge 37. a) List some powers and duties of the President. b) Who assists, advises, and carries out the orders of the President? a) Various powers include: enforcing the law; the power to veto, or reject, bills passed by Congress; the power to issue executive orders; the power to pardon; the power of commander-in-chief of US armed forces; negotiate treaties with foreign countries b) The Cabinet, each headed by a Secretary, who advise the President and see that his or her orders are carried out 38. a) Which section of the Consitution describes the judicial branch? b) The judicial branch is headed by what court? c) How does a person become a member of this court, and d) how long do they serve? a) Article III b) The Supreme Court of the United States (SCOTUS) c) Appointed or nominated by the President, then must be approved by Congress d) Serve for life 39. a) What is the purpose of federal district courts? b) What is the purpose of federal courts of appeal? a) Federal district courts are where criminal and civil trials are held b) To scrutinize and examine the decisions of lower courts to ensure that proper procedures were followed, that defendants were afforded the right to due process, to examine laws to determine whether those laws are constitutional or not 40. a) Describe the power of judicial review. a) Judicial review is the power of the courts to examine acts of the legislature or executive and determine whether those laws are constitutional or not; if not, the courts may strike those laws down
Section 9-2: The Bill of Rights Fill in the blanks: 41. The press refers to the media, including radio, television, newspapers, magazines, etc. 42. A petition is a document making a formal request of the government, usually with supporters signatures as evidence of support for that request. 43. Due process guarantees that no one s life, liberty, or property may be taken from them without just cause or the proper legal procedures. 44. When conducting a search, the government must show probable cause or a good reason, for that search. 45. A search warrant is an official document issued by a judge authorizing law enforcement officials to conduct a search of someone s property. 46. An indictment is a formal charge of wrongdoing, usually originating from a grand jury. 47. Double jeopardy, or trying someone twice for the same crime, is prohibited by the Constitution. 48. To implicate one s self in criminal wrongdoing is called self-incrimination. 49. People have the right to eminent domain, which protects them against government seizure of personal property without just cause or compensation. Thoroughly answer the following questions: 50. List the five basic rights protected by the 1st Amendment (a-e). a) Freedom of speech and expression b) Freedom of religion c) Freedom of the press d) Freedom to assemble e) Freedom of petition 51. List the basic rights protected by the a) 2 nd, b) 3 rd, and c) 4 th Amendments. a) Right to bear arms b) Right against quartering of soldiers in citizens homes during peacetime c) Right against unreasonable searches and seizures (implied right to privacy) 52. Explain how the a) 2 nd, b) 3 rd, and c) 4 th Amendments directly relate to pre-revolutionary disputes with Great Britain. a) 2 nd : British soldiers who were ordered to seize the Massachusetts Militia s weapons at Concord in 1775, and act the colonists believed was a violation of their basic right to protect themselves from tyranny b) 3 rd : As part of the Coercive Acts, the Quartering Act required Bostonians to house British soldiers in their homes, which they felt violated their privacy and was another form of unfair taxation c) 4 th : In an effort to combat smuggling, British customs officials were allowed to search anywhere at any time without cause or a warrant
53. List the five basic rights protected by the 5 th Amendment (a-e). a) Right to due process b) Right against self-incrimination (the right to remain silent) c) Right against double jeopardy (being tried twice for the same crime) d) Right requiring that a grand jury must issue an indictment to charge someone with a serious crime e) Right of eminent domain 54. List the four basic rights protected by the 6 th Amendment (a-d). a) Right to a speedy, public trial by a jury of one s peers in criminal cases b) Right that guarantees those accused of crimes or under arrest are made aware of the charges against him or her c) Right to an attorney d) Right to confront witnesses, and the right to provide witnesses in one s defense 55. List the basic rights protected by the a) 7 th and b) 8 th Amendments. a) Right to a trial by jury in civil cases b) Right against excessive bail or cruel or unusual punishment 56. a) Generally, who is protected by the 5 th -8 th Amendments? a) People accused of crimes, who are considered innocent until proven guilty and guaranteed the right to due process 57. Explain the a) 9 th and b) 10 th Amendments. a) The 9 th Amendment says that simply because certain rights were not listed in Amendments 1-8, does not mean that citizens do not have those rights; obviously the founders could not list every possible right held by the citizens b) The 10 th Amendment says that whatever powers are not specifically granted to the Federal government, or specifically denied to the states, by the Constitution, are implied to be reserved powers held by thse states