Mr.

Phinney’s US Government Study Guide

Module One-

Natural Rights- John Locke. All people have GOD-GIVEN right to “Life, Liberty, and Property.” Government
does NOT give us natural rights, and they do NOT have the right to take them away.

Consent of the Governed- the people give their consent for the government to “rule” over them.

Social Contract- People agree to abide by government’s authority IN EXCHANGE FOR government’s agreement
to respect the people’s rights. Social Contract states that if the government violates people’s rights, the people
have the right to OVERTHROW the government (by force if necessary) and set up a new one which will respect
people’s rights.

Rule of Law-Idea that no one, not even the US President, is above the law.
Limited Government-Idea that our US Constitution limits the power of our Federal Government.

Pure Democracy-All citizens vote on all national issues.

Republic-Citizens elect representatives to vote for them on national issues.
Separation of Powers-Division of Federal Government into Legislative, Executive, and Judicial branches.
Popular sovereignty- Legitimacy of the government depends on the consent of the people.
There are 2 ways a person can become a US Citizen at birth. They are: Jus Soli-someone born on US soil. Jus
Sanguinis-if your mother is a US citizen, she transfers that to her children even if they are born outside the
USA.
Naturalization-the process for non-citizens to become legal US citizens.
Steps to becoming a naturalized US Citizen- You must be at least 18 and a legal US resident for 5 years. You
must have no criminal record, be able to read and speak English, must pass a test, then swear allegiance to the
USA.
Civic Duties- Actions that are REQUIRED (paying taxes, obeying the law, go to school until age 16, jury duty).
Civic Responsibilities-Actions are NOT required but recommended (voting, respecting the flag, community
service).
Module Two-

Federalism-Our government system which divides political power between the US and the State of Florida.

There are four categories of Federalism, and all will be on your final exam!!!

1. An expressed (or delegated) power is a political power that is specifically given to the USA and
Congress and may not be exercised by Florida or any of the other 49 states. Examples: declaring war,
raising an army, making foreign treaties, printing money.
2. A reserved power is one that only Florida (or the other 49 states) can exercise-not the national
government in Washington DC. Examples: education system, driver licenses, license plates for cars.
3. A shared (or concurrent) power is one that can be exercised by both Florida and the USA at the same
time. Examples: building roads, raising taxes, passing laws.
4. An implied power is one which is not specifically listed in the Constitution, but we assume the US has
the power to do this. Example: the US Air Force.

Federalists- (George Washington, John Adams, James Madison) Our first political party. The Federalists
wanted a stronger central government, so they were in favor of the newly-written United States Constitution.
The Federalist Party collapsed 200 years ago, so DO NOT CONFUSE the Federalists (who are all dead) with
Federalism (our current political system).
Anti-Federalists-Our second Political Party (Patrick Henry, Richard Henry Lee, Thomas Jefferson). These men
were against the Constitution because they feared a strong central government would destroy their hard-
earned freedoms.
The Federalists won the National Vote in 1788 and the Constitution was ratified, HOWEVER, the Anti
Federalists won an important point when the Federalists agreed to put in a list of our INDIVIDUAL FREEDOMS
into the Constitution-these because the first 10 amendments, or the Bill of Rights.

Articles of Confederation-Our nation’s first government. (1777-1787) There was NO president or United
States Supreme Court, ONLY Congress in Philadelphia held the country together. Congress could NOT tax the
states or print money, it was a disaster and we soon got rid of the Articles and wrote the Constitution.
United States Constitution-Written in Philadelphia in 1787 and ratified by the states in 1788 and STILL IN
EFFECT TODAY. Our nation’s governing document, it lays out the three branches of the US Government
(Legislative, Executive, and Judicial) and spells out the specific powers and responsibilities of each branch.
Amendment- Whenever we change the United States Constitution by adding to it or taking away something
from it (example when we outlawed slavery). There have been 27 amendments total since 1789.

PARTS OF THE CONSTITUTION:

1. Preamble- goals of government
2. Articles- explain set up and mechanics of government

 ARTICLE ONE- Sets up Legislative Branch

 ARTICLE TWO-Sets up Executive Branch
 ARTICLE THREE-Sets up Judicial Branch
 ARTICLE FOUR-Relations of states and Rights of citizens
 ARTICLE FIVE- Amending Process
 ARTICLE SIX- Supremacy of the USA over individual States
 ARTICLE SEVEN- Ratification

3. Amendments- there are 27 total (first 10 amendments are the Bill of Rights)
Module Three-
The Constitution breaks down our US Government into three branches:

The Legislative Branch is also called Congress. They make all laws “which shall be necessary and
proper for carrying into execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States”

The Executive Branch is the President of the United States, the Vice-President, and all the officials
working for the White House and in the Cabinet and all the Federal Agencies throughout the country.

The Judicial Branch is the Supreme Court, the 13 Appeals Courts, and the hundreds of Trial
(District) Courts throughout the country.

Checks and Balances-the system where each of the three branches has power over the other two
branches so our government stays balanced and our liberties are protected.

Public policy is legislation that is aimed to improve the well-being of citizens and the country as a
whole. Types of policy: Social welfare- education and health care/insurance, Economic: taxes and
spending, Environmental, Defense

Foreign policy- relations with other countries, while domestic policies apply within the country
Domestic policy- decisions can have an effect on each other
Social welfare policy- policies address the well-being of citizens and include programs like
education and health insurance.
Economic policy- policies include the government's budget, which includes government taxing and
spending rules. Economic policy also establishes rules for businesses. The goal of economic policy is
to grow the productive capacity of the economy, while keeping unemployment and inflation low.
Inflation is the general rise of prices over time.

Environmental policy- policies address concerns related to the impact of human activity on Earth.
The goal, of course, is to minimize the negative effects on air, water, wildlife, and land that result from
our activities, such as clearing land for farms and driving gas-burning vehicles. Environmental policies
are often controversial because they can be very expensive for American businesses.

Defense policy- policies include laws and programs related to maintaining the armed forces. The
goal of defense policy is to protect the safety and security of the country and its citizens. Defense
policy often intersects with foreign policy. Like other types of policy, it can be very controversial as
people disagree on what role the United States should take in world affairs as a measure to protect its
own peace and security.

Interest Groups: Citizen’s Flag Alliance, SADD, Greenpeace, AAA

Media is anything that relays a message or information to a wide audience of people.

Bias is a preference toward a particular belief or attitude

No person is completely free of bias. This includes the media.

The Electoral College is the group of people who officially elect the president of the United States,
set up by the U.S. Constitution.
The number of electors (total of house representatives plus 2 senators) each state has is determined
by population (US census)
538 total possible votes; a candidate needs 270 to win the election

Demographics- characteristics about the human population or a part of it, such as size or growth

Socioeconomics traits- characteristic relating to economic or social factors

Voter turnout- the percentage of eligible voters who cast a ballot in an election
Module Four-
Judicial Review Federal judges have the power to declare laws passed by Congress or Executive
Actions declared by the president unconstitutional IF THOSE LAWS OR ACTIONS somehow violate
the United States Constitution!

Judicial Review was established in 1803 with the case of Marbury v Madison.

The Judicial Branch Created in Article III of the Constitution and consists of a US Supreme Court
and lower courts

Three basic levels of courts—  trial  appellate  supreme

BOTH state and federal courts have these THREE levels

Jurisdiction is the authority of a court to hear certain types of cases or make legal decisions
Examples of Cases in Courts of Original Jurisdiction: Guilty or Not Guilty of a crime, family cases,
civil suits where one party sues another

Examples of Appellate Court Cases: challenging decision in a guilty/not guilty case, case not in your
favor and have right to appeal, challenging family law decision.

Judiciary Act of 1789 Federal district court- a court established by the federal government having
jurisdiction over questions of federal law Appellate court- the jurisdiction to hear case appeals and
review the decisions of lower courts, also known as a court of appeal

Appeal- formal request to a higher authority requesting a change of decision, such as a case to a
higher court from lower court.

Trial- a formal legal process in court to settle disputes or determine the guilt or innocence of those
accused of crimes

Jury- a group of ordinary citizens who decide together whether a person accused of a crime is guilty
or not guilty.

Criminal case- a lawsuit brought before a court involving someone who is accused of committing a
Civil case- a lawsuit brought before a court relating to the rights of citizens, usually a dispute
between citizens or groups
All Federal Judges are appointed by the President of the United States and confirmed by the United
States Senate.

VERY IMPORTANT Civil Rights Supreme Court Cases

Plessy v Ferguson 1896-Established segregation (separate but equal) in public places.

Brown v Board of Education 1954-Supreme Court overturned Plessy v Ferguson and ruled that
segregation in public schools was unconstitutional. The Civil Rights movement of the 1960’s could
never have started without this United States Supreme Court decision!

Mapp v Ohio 1961- Evidence must be collected legally and with a warrant to be used in court. The
Fourth Amendment protects us all from illegal search and seizure.

Gideon v Wainwright 1963- States must provide and pay for a lawyer to any criminal defendant who
does not have the money to hire a lawyer.

Miranda v Arizona 1966- Criminal suspects must be informed of their rights before and during
questioning.

Roe v Wade 1973- Women have the right to abortion within the first six months of their pregnancies.
Emotional debate and still a very controversial decision.

Tinker v Des Moines 1969 -Students have the First Amendment Free Speech right to silently protest
against war in public schools. "Students don't shed their constitutional rights at the school house
gates."

Texas v Johnson 1989 -First Amendment Free Speech gives us the right to burn the American Flag.