Module 2 Constitutional Government Note Guide

This note taking guide will help you prepare for assessments, quizzes, exams, and
Discussion-Based Assessments. You do not have to submit it for a grade. Vocabulary and
reflection questions are organized by lesson. Define each vocabulary term in your own words.
Answer each reflection question with details from the lesson.

2.01 Constitutional Powers

Term/Concept Define it.. How would you explain it to a 3rd grader?

Powers specifically given to Congress in Article 1, section 8 of the

Expressed powers U.S. Constitution.

Government function granted and assigned to a specific branch of the

Delegated powers federal government under the U.S. Constitution

Powers not directly stated in the Constitution but rather interpreted as

Implied powers belonging to the national government so that it can fulfill its necessary
duties.

Powers shared between the national and state governments. Both

Concurrent powers levels of government need to be able to legislate certain things, like
creating taxes or courts.

Powers that aren’t given to the national government, but rather

Reserved powers preserved for the state governments to use. Article IV

Legislation introduced in either the House or the Senate to express

Resolution an opinion; it may or may not have the force of law if passed; unlike a
bill, it can pertain to just one chamber of Congress.

The authority of a court to hear certain types of cases; the authority or

Jurisdiction geographic area of authority to enforce laws or make legal judgments

Also known as the necessary and proper clause, it allows the U.S.
Elastic clause government to make laws that are considered “necessary and proper”
that are not directly given in the constitution.
 Powers granted to the federal government to create legislation that
General welfare promotes the general public, thus upholding its duties listed in the
clause Preamble.

Activity involving people or businesses in more than one state.

Interstate commerce

LEJRASR​
L: Legislative​
E: Executive​
J: Judicial​
R: Reserved powers​
A: Amendment​
S: Supremacy clause​
R: Ratification

Add examples of each power to the following chart (pages 1-5):

Delegated to the Federal Concurrent, or Shared, Reserved to the State

Government Powers Governments

organize and control trade raise and collect taxes create local governments
between states and with
other nations borrow money set up businesses

coin and print money establish courts build and support public
schools and education
make agreements with grant permission to start policy
foreign nations banks
organize and control trade
establish post offices and enforce laws and punish within the state
interstate highways lawbreakers
conduct elections
raise and support military provide health care
forces services and other organize and control trade
assistance to the people within the state
declare war and make
peace determine rules for voting,
such as living in the district
govern U.S. territories and where the person votes
admit new states
 create rules and laws for make marriage laws
people who wish to move
into the nation and how determine the requirements
they may become citizens for professional workers,
like doctors and teachers

Give an example of an implied power. (1)

Firearm regulation, Minimum Wage, Tobacco and Alcohol Regulation

What are some examples of concurrent powers? (1)

Education regulation, Passing and Enforcing laws, Bank regulation

What are some examples of reserved powers? (1)

Divorce laws, Fire safety, Police department

What are some expressed or enumerated powers? (2)

Aka expressed powers. Declaring war, Borrowing and coining money, Regulating commerce

List examples of expressed powers…

Legislative Branch

1.​ Coins money, prints currency

2.​ Declared war
3.​ Confirm federal officials
4.​ Approve foreign treaties
5.​ Raise and collect taxes
6.​ Make laws “necessary and proper”
7.​ Regulate postal service
8.​ Determines naturalization process

Executive Branch

1.​ Approves and carries out laws passed by Congress

2.​ Can veto laws passed by Congress
3.​ Meets foreign leaders and makes agreements
4.​ Spends money authorized by Congress
5.​ Appoints federal judges
6.​ Leads the military
7.​ Can grant pardons for federal crimes
8.​ Delivers “State of the Union” speech
What are examples of types of cases heard by the federal courts? (2)

Disputes between multiple states

Can an expressed power reflect both separation of power and checks and balances? (2)

Yes, for example, the power to veto is delegated to the president only and it functions as a
check against the legislative branch. Another example is Congress’ expressed power to
approve federal judges. It functions as a check against the judicial branch.

Give an example of an implied power. (3)

The national bank

What was the significance of the McCulloch v. Maryland (1819) case? (3)

Enforced the fact that the national/federal government is above the state government. It
prevented states from being able to tax federal banks.

What are some laws reserved to the state of Florida that affect your day to day life? (5)

Time to take a quiz!!! Go to the Assessments tab at the top of your course and take the 2.01
quiz. Use your Note Taking Guide to help you.

2.02 The Legislative Branch

Term/Concept Define it.. How would you explain it to a 3rd grader?

Law passed or in the process of being passed by a lawmaking body,

Legislation such as Congress.

The part of the government responsible for making laws; this is

Legislative branch Congress at the national level and the state legislature at the state
government level.

Someone who votes to appoint another to act on his or her behalf.

Constituents
 Official count of a population carried out at set time intervals
Census

The distribution of seats in the House among the states based on

Apportionment proportion of total population, calculated after a census is conducted
every 10 years.

An elected official selected by and representing all of a population

At large rather than a subset.

Highest ranking member of the House, usually the senior member of

Speaker of the House the majority party.

The ordered list of federal positions that would take over as acting
Presidential president if the president were unable to carry out official duties.
succession

The highest ranking member of the Senate after the president of the
President pro Senate(who is the vice president), usually the senior member of the
tempore majority party.

A legislator who helps coordinate and carry out their political party’s
Whip agenda in the lawmaking process.

A process of the Senate where is can vote to limit debate on a bill;

Cloture can stop a filibuster

A senator who talks at great length or the act of talking seemingly

Filibuster endlessly to prevent a vote or action on an issue

A procedure that allows for one or more senators to stop a motion

Holds from reaching a vote on the Senate floor

A Congressional committee that is permanent and addresses a

Standing committee particular topic.

A temporary Congressional committee set up to fulfill a specific

Ad hoc committee purpose.
 A Congressional committee with members from both houses that
Joint committee makes a single set of recommendations to the whole Congress on a
specific issue.

A Congressional committee with members of both houses that

Conference creates a compromise bill between similar bills passed separately by
committee the House and Senate.

What is bicameralism and why do we have it in the United States? (page 1)

Bicameralism is the Senate, where each state has one representative, and the House of
Representatives, where the number of representatives that a state has is proportionate to its
population. It gives smaller states a strong voice while allowing larger states to have fair
representation.

It slows down the process of making law. Both parts of Congress have to approve a bill before it
can become official. Slowing down the work of legislating helps make it more difficult for
unpopular or problematic ideas to become law.

How are the number of seats in Congress determined? (2)

435

List the characteristics that distinguish the houses of Congress: (2)

Fill out the The House of The Senate Importance

chart Representatives

Qualifications At least 25 years old At least 30 years old The Senate

qualifications are
A U.S. citizen for at A U.S. citizen for at higher for age and
least seven years least nine years years of citizenship.
The framers of the
Resident of the state Resident of the state constitution intended
chosen to represent chosen to represent the Senate to be the
more stable house of
Congress with
members likely to have
greater political
experience.
Size Larger—435 members Smaller—100 members Different chamber size
and constituencies
Designed to represent Designed to represent influence the rules of
the population states equally debates

Narrow(local) Broad(local and state)

constituency constituency

At least one Two senators per state

representative per state

Representation Designed to represent Designed to represent Different chamber sizes

the population states equally and constituencies
influence the rules of
Each member of the debates
House represents over
a half-million people

Constituency Narrow (local) Broad (local and state) Different chamber sizes
constituency constituency and constituencies
influence the rules of
debates

Term Shorter electoral Longer electoral Groups in Congress

cycle—2 years; all 435 cycle—6 years; are affected by
representatives are up one-third of the Senate term-length differences.
for reelection every two is up for reelection
years every two years.

Leadership The Speaker of the The Constitution Roles of Speaker of the

House is the presiding specifies that the House, party
officer presiding officer is leadership, and
officially the vice committee leadership
Chosen by the political president, who has the impact the policy
party holding a majority title “president of the making process. The
of House seats Senate.” However, the whip system, in both
VP only votes in case the House and Senate
Sets the agenda for the of a tie. is a communication link
House between party leaders
This president pro and members that also
tempore is the highest influences lawmaking.
 ranking member of the Both chambers also
Determines members Senate when the VP is give a leadership
and work of absent, which is often. position to a member of
committees It will be the member of the minority political
the majority political party.
Second(after the vice party who has served
president) in the line of in the Senate longest.
presidential succession The role is similar to
the Speaker of the
House, though more
limited in influence.
Third in line of the
presidential succession
after the Speaker of the
House.

Responsibilities Originates all revenue Ratifies treaties, Different constitutional

bills and impeaches confirms presidential responsibilities of the
high officials. nominees, conducts House and Senate
trials, and convicts affect the policy-making
All bills that will create impeached federal process
revenue, meaning raise officials.
money through taxes,
must originate in the The Senate must
House approve all foreign
treaties made by the
Only the House can president.
impeach high officials,
like the president or a Only the Senate can
Supreme Court justice. conduct trials for and
convict impeached
federal officials

The Senate must

confirm important
appointments made by
the president

Rules House Committee on Limits on debate come THe number of

Rules directs time, from unanimous chamber and debate
debate, and floor consent, cloture of rules set a high
action. filibuster, or holds threshold for building
majority support.
 Calendar assignments
and floor actions are
determined through a
combination of
established rules and
leadership decisions.

Who is your representative?

Kat Cammack

Who are your senators?

Marco Rubio and Rick Scott

List the steps of the lawmaking process: Some steps have been listed for you…

Give details for each of the steps…. (page 3)

Steps Starts in the House Starts in the Senate Other important info

A bill is introduced in A bill is introduced in A representative or

Bill introduction the House. It is given a the Senate. It is given a senator introduces a
number, like H.150, and number like S. 150, and bill. The bill is read,
referred to a committee. referred to a committee. given a number, and
The “H” indicates that THe “S” indicates that referred to a committee
the bill began in the the bill began in the or subcommittee.
House. Senate. Thousands of bills are
introduced each year in
Congress, but very few
become law.

Subcommittee A House subcommittee A Senate subcommittee Most of the work on

Review often first considered often first considers the bills happens in the
the bill. It votes on bill. It votes on committees. The
advancing the bill to the advancing the bill to the legislators might hear
full House committee. full Senate committee. guest speakers testify
their knowledge and
experience on the
subject. Legislators edit
the language, make
additions, or take things
out of the bill.

Committee A full committee in the A full committee in the Only one in six bills
Review House considers and Senate considers and pass this step. If it
 may change the bill. may change the bill. does, it will go to the
Then it will vote on Then, it will vote on whole House or Senate
advancing the bill to the advancing the bill to the for debate. For the
full House floor. full Senate floor. House, however, first
the House RUles
Committee will set rules
for the debate
procedure.

Floor Action The House debates The Senate debates The bill needs approval
and may change the and may change the from a majority of
bill. They follow the bill. THe Senate has no people in both
rules set by the House limits on time for chambers to advance.
RUles Committee. debate, until there is an
Members vote on its approved motion to end
passage. it. Members vote on its
passage.

House and The House and Senate compromise on differences between their two
senate versions of the bill.

FInal The House debates the The Senate debates on Approval from the
House,Senate compromise bill and the compromise bill and majority in both House
Vote votes on it. A majority votes on it. A majority and Senate is required
vote is needed for vote is needed for on the same exact
approval. approval. version of the bill for it
to continue in the
legislative process.

President The approved bill is sent to the president. The president may sign it into law,
veto the bill, or take no action. If the president chooses to veto, Congress
may override it with a two-thirds vote in both the House and Senate. IF the
override succeeds, the bill becomes law. If the president doesn’t sing or veto
the bill within 10 days, and Congress is in session, the bill automatically
becomes law.

Take a moment to reflect on the graphic….

How did these amendments affect the legislative branch? (page 4)

10th - Rights Reserved to States or People. It limited the scope of power of Congress by
allowing states to create laws and set up their individual government functions as long as they
do not violate the Constitution.

14th - Citizenship Rights and Apportionment. Clarifies that the entire number of people in each
state would be counted for representation (except Native Americans). This canceled out the
Three-Fifth Compromise. This affected state representation in Congress.
16th - Income Tax. Allowed Congress to collect tax from paychecks to fund national defense,
social programs, education, health, etc.

17th - Direct Election of Senators. Removed the power of state legislatures to choose U.S.
senators. The power now lies with the people of each state in the U.S. in a popular election.

27th - Congressional Compensation. States that no law regarding the salaries of senators and
representatives shall take effect until after an election has been held. If a raise is approved, then
it is up to the people of each representative’s and senator’s state to reelect them to earn it.

What is the purpose of committees in Congress? (page 5)

Committees look at the way that government functions; identify issues that require review;
gather and evaluate information; and make legislative recommendations to the full House or
Senate.

How do Congress people decide how to vote on bills? (page 5)

Lawmakers study and consider their constituents’ desires concerning proposed legislation. If
polls and communications indicate that a majority of constituents want a bill to pass, lawmakers
may be more likely to vote in favor of it. Lawmakers’ own values and beliefs also influence how
they vote on bills. OFten they must depend on their own opinions, especially when their
constituents are deeply divided on an issue.

Time to complete a written assignment. Use the TEMPLATE from page 6 of the lesson to
complete the assignment! Go here for help.

2.03 The Executive Branch

Term/Concept Define it.. How would you explain it to a 3rd grader?

The period between when a successor has been chosen as president

Lame duck period and the time the successor takes office and there is a transfer of
power.
 A title given by the United States Department of State to a country
State sponsor of that is known for supporting or carrying out acts of
terrorism terrorism–countries include Cuba, Iran, North Korea, and Syria

Permission through legislation to start or continue a government

Authorization bill program or agency

Permission through legislation to spend funds on a specific program

Appropriation or agency

Government funds for programs collected and spent separate from

Trust fund the regular budget

TO make a formal accusation of misconduct against a public official

Impeach

Legal order that requires a witness to appear or provide to a court

Subpoena

The right of the president to refuse to reveal confidential materials if

Executive privilege doing so would interfere with the administration's ability to govern

A person who appeals to people’s emotions, desires, and biases to

Demagogue gain power instead of using reason and promoting civil discourse.

Describe the constitutional roles of the president: (page 1)

Chief Legislator Commander-in-Chief

●​ Has the power to approve or veto ●​ Serves as the highest leader of the
bills and resolutions passed by United States military, and militia
Congress (National Guard) when called to
●​ Shall periodically advise Congress service.
on the state of the union and give ●​ Has the power to commission the
Congress recommendations that officers of the United States
are thought necessary and
expedient
 Chief Diplomat Chief Executive

●​ Has the power to make treaties, ●​ Has the duty to see that laws are
with the advice and consent of faithfully executed
Congress ●​ Has the power to fill vacancies that
●​ Has the power to nominate happen when the Senate is in
ambassadors and other officials, recess with appointments that will
with the advice and consent of expire at the end of the Senate’s
Congress next session
●​ Has the duty to receive ●​ Has the power to grant reprieves
ambassadors and other public and pardons for offenses against
ministers the United States, except in the
cases of impeachment

What are some of the informal roles of the president? (1)

Chief of Party, Chief of State, Chief Citizen

What are the qualifications to become president? (1)

A candidate must be at least 35 years old, a U.S. citizen, and resident of the United States for at
least 14 years.

How have constitutional amendments affected executive branch power?(2)

12th - It stopped a president and vice president of different political parties from being elected.
This allowed the executive branch to work together more smoothly. It also created a resolution
in the case of a tie in the Electoral College.

20th - Shortened the gap between Election Day and Inauguration Day.

22nd - A president can’t be elected for more than two terms.

25th - Defines when the vice president becomes president permanently and when they are just
acting president until the president can resume duties. If the VP becomes president, then they
select someone to serve as vice president.
What happens if the president cannot serve? Who takes over? (2)

Vice president

Describe at least three examples of past presidential foreign policy decisions and the
outcomes. Use the “You Be the President” Activity on page 2.

1.​ Soviet Nuclear missiles were being stored in Cubs only 90 miles from the coast of
Florida. President Kennedy enacted a naval blockade around Cuba to show the Soviet
missiles were unacceptable.
2.​ U.S. soldiers had been involved in a conflict in VIetnam for eight years without a
declaration of war. Congress created a bill that required you to be granted approval by
congress within 48 hours of sending troops. It also forces you to remove troops after 60
days if there has been no declaration of war or approval by Congress. President Nixon
vetoed the War Powers Resolution of 1963 stating that it was an infringement on the
president’s constitutional authority as Commander in Chief.
3.​ The poverty and unemployment rate levels were high. President Lyndon B Johnson
signed the bill that created several legislation that created work study programs,
healthcare for the elderly and poor, and Head Start education programs.

What is the purpose of the president’s Cabinet and who creates them? (3)

The Cabinet is a group of advisers to the president, composed of the heads of the executive
departments and other officials as determined by the president. It has 15 people that carry out
the daily work of enforcing policy.

Take notes on each part of the Executive branch (3)

-​ Executive Office of the President (EOP): EOP includes the vice president and staff in
offices such as the OMB (Office of Management and Budget). This office helps the
president develop the yearly budget to present to Congress. It oversees executive
spending and evaluates the effectiveness of various agencies and programs. They
advise the president on matters of national security and defense.
-​ White House Staff: Created to manage, direct, and oversee the president’s daily
operations and activities. The staff also helps with policy development and
communicates with other departments and agencies.
-​ Independent Regulatory Agencies and Government Corporations: These groups
are independent in the sense that the president does not have the power to remove its
officials at their will. Examples include the Federal REserve, Central Intelligence Agency,
and Federal Communications Commision
-​ Cabinet Departments: There are 15 cabinet departments that the president oversees.
How does Congress hold the president accountable? (4)

Congress can investigate the executive branch. It can force federal officials to appear in court
and provide evidence related to activities of different agencies.

Identify the steps to the impeachment process: (4)

What is executive privilege? (4)

The president can withhold information in some form from the other branches. Usually, it relates
to the military or to communication within the executive branch.​
How have presidents used (or not used) this power? (4)

Biden didn't use it when a senior White House aide Mark Meadows for a testimony due to the
events on January 6, 2021. Trump blocked the National Archives from releasing certain
documents to a congressional committee investigating events of January 6, 2021. Obama
prevented the release of documents related to Border U.S. weapons given to the Cartel that
were used to kill Patrol Agent Brian Terry.

Biden:

Trump:

Obama:

Bush:

Time to take a quiz!!! Go to the Assessments tab at the top of your course and take the 2.03
quiz. Use your Note Taking Guide to help you.
2.04 What the Bureaucracy Does for You

Term/Concept Define it.. How would you explain it to a 3rd grader?

Staff, policies, and actions of administrative groups led by non elected

Bureaucracy officials to carry out specific laws and responsibilities

An official rule or order that guides behavior related to laws, or the

Regulations carrying out of a law

Government agencies that are not part of a cabinet department.

Independent These groups have duties that are beyond the scope of normal
regulatory agencies policymaking. Independent agencies don’t have to report to or take
action from the president. Examples include the Federal Reserve,
Central Intelligence Agency, and the Federal Communications
Commission.

An agreement between an employer and employees as a group or

Collective bargaining organization on wages, hours, and other conditions of employment.
agreement

Complex rules and procedures set by a bureaucratic agency to carry

Red tape out a policy. Aka “jumping through hoops”

A feeling that a word invokes for a person in addition to its primary

Connotation meaning

Responsibility to someone or for something

Accountability

Identify three independent regulatory agencies and their responsibilities: (1)

1. Federal Reserve: The central bank of the United States. “The Fed” controls the nation’s
monetary policies like increasing or decreasing interest rates. It provides stability and safety for
the financial system and protects consumers.
2. National Labor Relations Board (NLRB): Protects the rights of workers to seek better
wages and working conditions. It identifies unfair labor practices and makes regulations to
restrict them. The NLRB is responsible for enforcing workers’ rights to pursue better working
conditions and pay.

3. National Aeronautics and Space Administration (NASA): A research agency responsible

for the civilian space program, aeronautics, and aerospace research.

What is one example of how an independent regulatory agency can affect your daily life?
(1-2)

The U.S. Department of Agriculture (USDA) ensures the food I eat is safe, nutritious, and
appropriately produced through regular inspections of food production facilities.

What is the difference between the relationship the president has with the Cabinet and
the relationship between the president and independent regulatory agencies? (3)

How are independent agencies different than the Cabinet? (3)

Independent agencies are delegated power to act independently from the president whereas
Cabinet departments can’t. This is to prevent election-driven politicians from stopping or
undermining important services.

What is the purpose of the bureaucracy? (5)

THe purpose is to enforce legislation. It can do so by imposing fines and penalties on those who
violate rules and regulations. They must document what they do.

What are some advantages of independent agencies? (5)

Time to complete a written assignment. Use the TEMPLATE from page 5 of the lesson to
complete the assignment! Go here for help

2.05 The Judicial Branch

Term/Concept Define it.. How would you explain it to a 3rd grader?

 Money to pay for or make up for a loss to another person in a civil
Compensation case

A court established by the federal government having jurisdiction over

Federal district court questions of federal law

The jurisdiction to hear case appeals and review the decisions of

Appellate court lower courts, also known as a court of appeal

Formal request to a higher authority requesting a change of decision,

Appeal such as a case to a higher court from lower courts

Judges are to perform their job based on the law and the COnstitution
Judicial and are not to be persuaded or influenced in any way to make an
independence impartial decision

The authority of a court to hear certain types of cases; the authority or

Jurisdiction geographic area of authority to enforce laws or make legal judgments

Relating to the seas and shipping

Maritime

Having the right to hear a case the first time it is presented in court
Original jurisdiction

A formal legal process in court to settle disputes or determine the guilt

Trials or innocence of those accused of crimes

A lawsuit brought before a court involving someone who is accused of

Criminal cases committing a crime

A lawsuit brought before a court relating to the rights of citizens,

Civil cases usually a dispute between citizens or groups

A constitutional concept that both the state and federal governments

Dual sovereignty are sovereign
 A case involving citizens or groups from more than one state
Diversity cases

Prevents lower federal courts from reviewing appeals of state court

Rooker-Feldman decisions; the responsibility is left to the Supreme Court
Doctrine

Determines whether to apply federal or state laws in a lawsuit

Erie Doctrine

Cases brought before a court where the meaning or intent of a federal

Federal question law is under debate
cases

A process where an outside person works with people on both sides

Mediation of a dispute to try to help them reach an agreement without going to
court first

Trial held without a jury

Bench trial

The lawyers representing the people or a government body in a

Prosecution criminal trial

From French meaning “to speak the truth”; process where attorneys
Voir dire screen potential jurors with the intent to build a jury sympathetic to
their client

Having a legal obligation to do or not do something, such as paying

Liable for damages related to a civil dispute; determining who has liability is
part of settling a civil dispute

When a group of jurors is unable to agree on guilt or liability in a court

Hung jury trial

Order of the SUpreme Court to review lower-court evidence and

Writ of certiorari decisions

Latin phrase for “in the form of a pauper,” referring to permission for a
In forma pauperis person to petition the courts without paying the court costs and fees
due to inability to pay
 A lawsuit brought before a court by one party on behalf of a group of
Class action suits individuals who all have the same complaint

A lawsuit
Litigation

What does Article III of the Constitution address? (1)

It implies the idea of judicial independence, where judges must remain committed to their duties
without the fear of political backlash based on their decisions. Their salaries shall also remain
unaffected based on their decisions. It ensures their rulings are based only on laws and the
Constitution.

What is the purpose of the Judiciary Act of 1789? (1)

It established that each state would have at least one federal district court and organized the
states into “circuits” with at least one appellate court.

How many circuit courts exist in the United States? (1)

12 circuit courts with 94 district courts.

How are federal judges appointed? Fill in the chart. (1)

Give examples of state versus federal jurisdiction.(2)

State Jurisdiction Federal Jurisdiction

Disputes about property Disputes about the U.S. Constitution

Disputes about accidents Disputes about immigration

Prosecuting someone for a crime Prosecuting someone for a crime that

involves multiple states, federal property,
or a federal official

Disputes about family issues Disputes about U.S. law

What would be a scenario of when a court would have original jurisdiction? (2)

If one state government sued another state government, like North Dakota versus South
Dakota.

Why was treason mentioned in the Constitution? (2)

To protect against false or weak accusations, which happened in the past.

What are the three types of courts at both the state and federal levels? (3)

1.​ Trials Court

2.​ Court of Appeal
3.​ Last resort/Supreme Court

Explain the functions of each court level in the U.S. Court System:(3)

· State-level courts of original jurisdiction:

· State-level courts of appeal:

· State-level courts of last resort:

· U.S. District Courts:

· U.S. Courts of Appeal:

· U.S. Supreme Court:

What are the 5 basic steps of the trial process? (4)

1.​ Jury Selection

2.​ The Trail
3.​ The Judge's Charge
4.​ Deliberations of the Jury
5.​ The Verdict

Explain the main difference between a criminal and civil case.(4)

How does the Supreme Court accept most cases?(5)

Time to take a quiz!!! Go to the Assessments tab at the top of your course and take the 2.05
quiz. Use your Note Taking Guide to help you.

2.06 Judicial Review

Term/Concept Define it.. How would you explain it to a 3rd grader?

The power to review and cancel laws or acts of government if

Judicial review determined to be unconstitutional

Not allowed by or against the ideas and principles of the Constitution

Unconstitutional
 In history: an official notice of authority or command to do something,
Commissions such as assume an appointed job position; in employment: a payment
for performing a specific task, like a salesperson receiving payment
determining as a portion of the purchase price on a new car.

A court ordering a government official to do their job or resolve a

Writs of mandamus mistake they made in their official capacity. It's a polite, legal way of
having a court demand someone to do their duty.

Complete agreement by everyone involved

Unanimous opinion

A legal means of enforcing the rights of those favored by a judicial

Remedy decision. It's a court action requiring payment of damages or
fulfillment of some other type of obligation, perhaps related to a right
or contract.

Different treatment of people who are categorized by some personal

Discrimination trait, identity, or circumstance; most often it refers to treatment that is
unjust or based on prejudice regarding age, race, or sex.

A court action or decision used as an example in later cases

Precedents

Responsible to somebody or for something

Accountable

Official ruling on a court case in which a majority of the justices agree

Majority opinion

Also known as the minority opinion, written by a justice who does not
Dissenting opinion agree with the majority decision

Matched in degree; proportional

Commensurate

Why does it matter who serves as a federal judge? (1)

Because they serve for life and have the power of judicial review: the ability to review laws of
Congress and acts of the executive branch with the possibility that they will rule them to be
unconstitutional.
Explain the significance of the Marbury v. Madison (1803) case. (2)

Ruled that a portion of the law allowing Marbury to petition the SUpreme Court, the Judiciary Act
of 1789, was unconstitutional. Therefore, while the Supreme Court ruled it illegal for Madison to
withhold the appointments, it could not force him to deliver them because according to the
Constitution, the matter should never have form to the U.S. Supreme Court. This was the first
use of judicial review.

Why is Federalist Paper No. 78 important to judicial review? (2)

Alexander Hamilton described the role and functions of the judicial branch, including the power
of judicial review. He names the courts as protectors of the people and a check on the
legislative branch because they can overrule laws that are outside the scope of their powers
under the Constitution. It had a powerful effect on increasing the understanding of the intentions
of the framers.

How does Judicial Review work? (3)

Citizens start the process by challenging a government action in court. It could be a law, an act
of Congress, or an executive branch action. Then, justices decide if it has merit. Four out of nine
judges must agree to accept the case. If the case is accepted, the Supreme court orders the
lower court to send the case record. No new evidence is allowed. In court, each side is allowed
30 minutes to present and answer the justices’ questions. When ready, they will vote to
determine the case’s outcome. Majority rules!

Why would officials pass a law that goes against a Court decision? (3)

Timing. Courts cannot prevent the creation or enforcement of a new public policy. Just because
an appellate court has ruled a law unconstitutional doesn’t mean a state legislature, for
example, cannot make a new, similar law. The question is whether the new law would hold up if
challenged in the court system.

What was the remedy of the Bakke v. California (1978) case? (4)

At the time, the University of California reserved a number of places in its program for minority
applicants. This caused Allan BAkke to be rejected because of his race. The court ruling
deemed it unconstitutional, so Allan was admitted to the medical school as a remedy. THe
school also had to change its admissions policy to be more fair and to find other means to
promote acceptance of minority students.
Is discrimination ever constitutional? Explain. (4)

Some laws that are targeting specific demographics may be constitutional. For example, the
Violence Against Women Act (VAWA), was made to help women who tended to be victims of
domestic abuse. This, though written neutrally, inadvertently discriminated against men who can
also be victims.

How can the president influence the ideology of the Supreme Court? (5)

They can nominate someone who has a similar ideology.

Complete the chart with the points on either side of the election versus appointment of judges
debate: (5)

Pro-Election Pro-Appointment

Elected judges are more accountable to Judges should be accountable to the laws
the people and what they think is just and Constitution

Elections will keep judges focused on the Elections will force judges to depend on
rule of law voter support, compromising their work

Elections serve as a check on the judicial Elections would discourage judges from
branch’s power ruling against the interests of those who
support them

Elections can run without party affiliation, Elections would destroy judicial
which appointing does not avoid anyway independence from party politics

How can the legislative branch check the powers of the judicial branch? (6)

It can impeach federal judges, although that is only possible for very serious crimes. It can also
create and pass a new law on the same topic that was deemed unconstitutional to avoid
another judicial challenge.
Why is the Korematsu v. United States (1944) case significant regarding judicial power? (6)

The Korematsu v. United States (1944) case is significant regarding judicial power because it
was the first time the Supreme Court created a separate standard of review for laws
discriminating on the basis of race

Time to take a quiz!!! Go to the Assessments tab at the top of your course and take the 2.06
quiz. Use your Note Taking Guide to help you.

2.07 Judicial Decisions

This lesson has a great opportunity for a Live Lesson in our Zoom Classroom. Check
the Live Lesson Calendar at the bottom of the homepage for times and dates.

Term/Concept Define it.. How would you explain it to a 3rd grader?

Opinion written by a justice in support of the minority or majority

Concurring opinion decision

Official ruling described by the court, instead of a majority and

Per curiam minority opinion

The policy of the courts to abide by decisions made in earlier; similar

Stare decisis cases

WHen a court follows a more strict interpretation of the law, which

Judicial restraint means it is less likely to make a change unless there is a direct
breach of the Constitution
Strict Constructionist

When courts follow a looser interpretation of the law and make

Judicial activism decisions with relatively less regard to earlier courts and government
views
Loose Constructionist

Which type of judicial opinion explains the official ruling of the Supreme Court? (1)

Typically written in concurring opinions. It rarely writes a per curiam decision.

Explain each of the opinions… (1)

Majority Opinion - Majority of justices agree

Dissenting Opinion - Written by a justice who does not agree with the majority decision

Concurring Opinion - Written by a justice in support of the minority or majority decision

Per Curiam Decision - Official ruling described by the court, instead of a majority and minority
opinion

Identify each Court as reflecting judicial activism or judicial restraint, using a sample
case opinion to explain your responses: (3)

· Taney Court: Dred Scott v. Sanford (1857) ruled 7-2 against Dred Scott and declared that
enslaved people were not protected by the Constitution and could never become citizens. The
majority opinion was that people of African descent “are not included, and were not intended to
be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the
rights and privileges which that instrument provides for and secures to citizens of the United
States” This is an example of judicial restraint, which follows a strict view of the Constitution.

· Warren Court: Brown v. Board of Education (1954) ruled unanimously in favor of the Brown
family. It declared that the original ruling of “separate but equal” in the Plessy v. Ferguson
decision was unconstitutional according to the Fourteenth Amendment. The decision would be
considered judicial activism, a flexible or loose interpretation of the Constitution.

· Rehnquist Court: Dickerson v. United States (2000) rule 7-2 in favor of Dickerson. The
court declared that Dickerson’s confession was inadmissible because he was not read his
Miranda rights. The Court ruled that Congress did not have the power to overrule this prior
ruling, and the Court was not going to overrule it themselves. The decision would be considered
strict, reflecting judicial restraint.

Why is Tinker v. Des Moines (1969) significant? (4)

It recognized the First Amendment of students in public schools, It affirmed that they had
freedom of speech and expression.

Why is the Texas v. Johnson (1988) significant? (4)

Prevents banning of any expression of the First Amendment by the government.

Why is the Hazelwood v. Kuhlmeier (1988) significant? (5)

It established that school officials can censor student speech in a school-sponsored student
newspaper without violating First Amendment rights, as long as their actions are "reasonably
related" to a legitimate pedagogical concern.

What three main sources do federal judges use to justify their decisions? (6)

1.​ The laws

2.​ Precedent cases
3.​ The Constitution

Identify the ruling and precedent for each of these other cases involving students and free
expression: (6)

· Engel v. Vitale (1962)

A New York state law required public schools to begin each day with the Pledge of Allegiance
and a brief, voluntary, nondenominational prayer. A parent sued, challenging the constitutionality
of the state law requiring the prayer. The parent reasoned that it violated the establishment
clause of the First Amendment. The Supreme Court ruled that by passing a law supporting an
official prayer within the school, the state of New York officially approved a religion and therefore
violated the establishment clause.

· Wisconsin v. Yoder (1972)

A Wisconsin law required parents to send their children to school until the age of sixteen. Jonas
Yoder and Wallace Miller, members of the Amish religion, were prosecuted under the law
because they refused to send their children to school after eighth grade. Yoder and Miller
reasoned that school attendance after eighth grade trained children to value ideas that
conflicted with their religious beliefs. They held that mandatory attendance violated their First
Amendment rights. The Supreme Court agreed, ruling that the law violates the free exercise
clause. It reasoned that the parent's right to exercise religion without restriction outweighed the
state's goal of universal education. It also affirmed that the values and programs of the high
school conflicted with those of the Amish religion.

· New Jersey v. T.L.O. (1985)

T.L.O, a 14-year-old New Jersey student, was caught smoking in a school bathroom. The
principal questioned her and, with her permission, examined her purse. She had cigarettes,
rolling papers, and marijuana in her purse. Police arrested T.L.O, who admitted to selling drugs
at school. She was found guilty of marijuana possession and sentenced to probation. T.L.O.
appealed. She thought the purse search was a violation of her Fourth Amendment rights.
The Supreme Court did not agree. It ruled that students do have some right to privacy, but
schools have a responsibility to maintain order and an effective learning environment. Since the
student was found smoking, in violation of school rules, the Court said this was reasonable
suspicion and sufficient cause for school officials to search her purse. Thus, schools may search
a student's property when there is "reasonable suspicion" the student has broken a school rule,
committed a crime, or been in the process of committing a crime.

· Vernonia v. Acton (1995)

The school required drug tests at the beginning of the season and randomly throughout for all
student-athletes. James's parents would not consent to the testing because they said there was
no evidence their son used drugs or alcohol. Because he would not participate in the testing, the
school would not allow James to participate in sports. With his parents, he sued the school
district for violating his rights under the Fourth Amendment. Their argument was that conducting
the drug tests without legitimate suspicion of a problem was an unreasonable search. The
Supreme Court ruled on the side of the school district. Drugs had been an increasing problem in
the area, especially among its student-athletes. The school instituted the drug testing policy
along with prevention programs to try to deter drug use.

· Morse v. Frederick (2007)

A school-supervised event took place along the street. On the street and opposite the school, a
student held a banner with a slang reference to marijuana use. Taking away the banner, the
school principal also suspended the student for ten days. The school had a policy against visual
displays that encourage the use of illegal drugs. Claiming a violation of civil rights, the student
sued the principal in federal court. The Supreme Court ruled that principal Deborah Morse's
actions did not violate Frederick's rights. Though no direct disturbance resulted from his speech,
they considered the message disruptive. Notably, four justices dissented.

· Mahanoy v. B.L. (2021)

A student known as B.L. from Mahanoy Area High School in Pennsylvania made the junior
varsity cheer team and was upset that she did not make the varsity cheer team. B.L. posted on
social media a picture of herself and a caption that was filled with expletives. Students who saw
the post showed it to the cheer team coaches who suspended B.L. for violating team and school
social media rules. In turn, B.L. sued the school for violating her First Amendment rights. The
Supreme Court ruled 8—1 in her favor. They determined that public schools can regulate
indecent, lewd, or vulgar speech on school property, speech that encourages drug use during
school-sponsored trips, and speech that is expressed through school-sponsored activities like
the school newspaper. In B.L.'s case, the Court decided her parents were responsible for
regulating her behavior, not the school.

Time to complete a written assignment. Use the TEMPLATE from page 6 of the lesson to
complete the assignment! Go here for help.

2.08 Federalism in the Real World

Term/Concept Define it.. How would you explain it to a 3rd grader?

Cooperative where the state and central governments have distinct, balanced
federalism power.

Dual federalism where the state and central governments merge as they collaborate
to deal with issues that affect all levels.

Formal request to a higher authority requesting a change of decision,

Appeals such as a case to a higher court from lower courts.

Formal document creating an organization or company; also, a formal

Charter written statement describing the rights and responsibilities of a state
and its citizens

The basic physical systems of a community’s people, including roads,

Infrastructure eclectic power, and water supply

A city, town, or other area that has its own local government
Municipality

A requirement or order by the federal government that state and local

Federal mandate governments must implement—it can be either fully funded or
partially funded, or there may be no funding by the federal
government.
 A process in many U.S. states that allows citizens to introduce ideas
Initiative for new laws to the state legislature

A public vote on a political question, such as changing or overturning

Referendum an existing policy

In some states, a process allowing voters to remove an elected

Recall official from office

Local government units that organize and monitor a service or set of

Special Purpose services separate from the city, county, or other traditional local
District governments.
Public hospitals, port authorities, garbage removal, and water supply
districts are examples of special purpose districts that provide
specific, limited service.

Protects the rights of citizens to move or travel from one state to

Privileges and another
Immunities Clause

How has the nature of U.S. federalism change over time? (1) watch the video!

Federalism is the legal division of authority between the central, state, and local governments.
Initially, it was dual federalism where the state and central governments have distinct, balanced
power. Now, we have cooperative federalism where all levels work together to solve problems
that affect all levels.

How are state governments set up? (2)

How do state and local governments fund their programs and policies? (2)

1.​ Income tax

2.​ Sales tax
3.​ Property tax

What is an example of a federal mandate? (3)

Every Student Succeeds Act. It holds local and state governments responsible for student
outcomes and progress based on test scores

Describe at least three events in U.S. history in which a state or states challenged federal
authority.(4)

Congress chartered the Second Bank of the United States in 1816. Two years later, the State of
Maryland passed legislation that taxed the bank. The cashier of the federal bank refused to pay
the tax. It was a conflict between the state and federal government, and thus the issue made it
to the U.S. Supreme Court. The SCOTUS ruling was that Congress had the power to
incorporate the bank, but the State of Maryland did not have the power to tax the national bank.
Allowing a state to tax the federal government would violate the supremacy clause.

Can a state cancel a federal law? This question was addressed when South Carolina declared
a federally imposed tariff null and void within their state. This feud nearly led to a civil war, but
ultimately South Carolina was not allowed to cancel a federal law due to the supremacy clause.
Can the federal government intervene too much? Franklin Roosevelt's New Deal
significantly expanded the power of the federal government. The welfare and economic
programs took control from the states and placed it with the federal government. Some states
believed it was their responsibility to aid their residents. Yet as the Great Depression worsened,
people looked more to the federal government for help. The Supreme Court declared some New
Deal programs unconstitutional. However, many others still exist or were the basis for programs
that exist today.

How are conflicts between states or between a state and the federal government resolved? (5)

Identify a Supreme Court case and ruling on a conflict between two states. (5)

Identify a Supreme Court case and ruling on a conflict between a state government and
the federal government. (5)

Federalism issue: Can one state's consumption of a shared source affect the well-being of
another state?

Explanation of dispute: The State of Florida believes that Georgia is overconsuming interstate
water from the Apalachicola-Chattahoochee-Flint River Basin. Florida states that its economy is
hurting from the lack of water getting to the state. They believe the amount of water is not
distributed fairly from the ACF River basin. Florida blames the growing population of major cities
in Georgia. However, Georgia claims they have put into place programs that reduce water
consumption despite the growing population. This dispute has continued for over thirty years.
The conflict was even heard by the Supreme Court in 2021, which dismissed Florida's case.
The opinion states that Florida did not provide enough evidence that Georgia's consumption of
interstate waters was significantly damaging Florida's economy.

Federalism issue: Can the federal government limit how much ownership a state owns
when it comes to open waters?

Explanation of dispute: This dispute has a long history, dating back to 1868 when Florida was
readmitted to the Union after the U.S. Civil War. This dispute deals with ownership of
submerged lands off the coast of Florida. Florida believes it is entitled to ownership of three
marine leagues of submerged lands outward from the coastline according to the federal
Submerged Lands Act. This 1953 federal law recognizes a state's right to submerged lands
based on the state's boundaries at the time it was admitted as a state. The United States
argued that when Florida was readmitted to the Union in 1868, Congress did not analyze water
ownership provisions in the new state constitution. This conflict was heard by the Supreme
Court in 1960. The Court ruled for Florida, upholding the state's constitution and rights under the
Submerged Lands Act.

Time to take a quiz!!! Go to the Assessments tab at the top of your course and take the 2.06
quiz. Use your Note Taking Guide to help you.

2.09 Honors SCOTUS and Federalism

For honors students only… take notes from the lesson and then complete the Honors
assignment. Go here for help.

2.10 Discussion Based Assessment

Once everything in the module is complete, use the link from the homepage to schedule your
DBA.

Use the reviews in 2.10 & this guide to help you prepare for the DBA and Module exam.

Module 2 Exam:
●​ Check out the Mod 2 Review Video and Module Review Guide
before you do your DBA.