FCLE Review

Social Contract

the agreement between the government and the people, citizens give up some freedoms for a safe society. Popularized by Rosseau

Natural Rights

Rights you are automatically born with. “Life, Liberty, and Pursuit of Happiness or property”. Popularized by John Locke

Limited Government

the power of the government is restricted by the rule of law

Popular Sovereignty

government rules based on the will of the people

Federalism

the division of government into a state and national level with each level having different roles and powers

Legislative Checks+Balances

impeach power, override vetoes, senate confirms appointments

Executive Checks+Balances

veto power, pardon power, commander and chief

Judiciary Checks+Balances

power of judicial review

Who popularized Separation of power and Checks and balances?

Enlightenment thinkers ex. Montesquieu

Democracy

system of government where citizens have the right to vote

Republic

system of government where the citizens are represented by political officials

Constitutionalism

system of government that follows a legal document or code

America is a….

constitutional democratic republic

1st amendment

freedom of religion, speech, press, assembly

2nd amendment

right to bear arms

5th amendment

rights of the accused amendment and guarantees due process

due process

the government must follow fair legal procedures (fair court trial) before taking away someone’s rights (prison or jail time)

8th amendment

no cruel or unusual punishments

9th amendment

implied rights like the right to privacy

10th amendment

reserved powers for the state government

13th amendment

bans slavery

14th amendment

everyone born or naturalized in this country is a citizen, with a right to due process and equal protection under the law

15th amendment

African-American men had the right to vote

19th amendment

women suffrage, women gained the right to vote

26th amendment

gave 18 year olds the right to vote

Preamble

introduces reasons for creating the document

Article I

outlines the legislative branch

Article II

outlines the executive branch

Article III

outlines the judicial branch

Article IV

discusses relations between the states and between the states and the national gov

Article V

describes how to amend the Constitution

Article VI

declares the constitution the supreme law of the land

Article VII

lists requirements for ratifying the Constitution

27 amendments

modify the consitution

Supremacy Clause

federal laws are the supreme law of the land, they have importance over state laws

Necessary and Proper Clause/Elastic

the government has powers not listed in the constitution as long as it is considered required or necessary for them to do their job/role (ex. build a national bank)

Commerce Clause

the national government can regulate interstate trade

Equal Protection Clause

all US citizens are equal under the law regardless of race, religion, or gender

Free Exercise Clause

freedom to practice religion freely as you want

Establishment Clause

the government can not favor a certain religion

Full Faith and Credit Clause

something that was done legally in one state must be recognized in other states (ex. A legally performed marriage in one state must be recognized in other states)

Emoluments Clause

government officials can not accept gifts or payments from foreign leaders without congress’s approval to prevent corruption

Declaration of Independence

breakup letter to English Empire that was heavily influenced by Enlightenment thinkers like Rosseau and Locke

Article of Confederation

1st version of American Constitution that focused on weak central government and strong state governments

US Constitution

passed in 1787 and replaced the articles (We The People), James Madison is the main author

Northwest Ordinance

created the process of establishing new states and prohibited slavery in the Northwest territory

Constitution of Massachusetts

written by John Adams and inspired the US constitution by promoting checks and balances

Problems of the Articles of Confederation

No power to tax

No standing army

Supermajority of states needed to pass any law (9/13)

No power to regulate interstate trade and each state had their own currency

Federalist No.10

James Madison warns against the dangers of factions

Federalist No.14

James Madison argues that a representative government will work even though America is a large country

Federalist No.31

Hamilton discusses the powers that he believes the government needs like the power to tax, spend and enforce laws

Federalist No.39

Madison argues how the Constitution creates a republican form of government

Federalist No.51

Madison argues that a separation of power and checks and balances will prevent the government from becoming too powerful

Common Sense

written by Thomas Paine and argued that it was Common Sense for America to become independent, encouraged cries for revolution

Mayflower Compact

document made by the Pilgrims and establishment a system of democracy and self-governance in their colony

Magna Carta

document that limited the power of King John in England and inspired the idea of limited government

Monroe Doctrine

signed by President James Monroe stating that the western hemisphere and specifically South and Central America were off limits to European powers

Marbury v. Madison

Created the power of judicial review

McCulloch v. Maryland

illustrated the importance of Supremacy and Elastic Clause by allowed the Federal government to create a national bank

Plessy v. Ferguson

ruled that segregation is fine because of the precedent of “separate but equal”

Schenck v. US

showed limitiation on free speech especially during wartime

Korematsu v. US

upheld Japanese-American internment camps during WWII, which again shows civil liberties and freedoms being restricted during wartime

Brown v. Board

ended segregation in schools by changing Plessy v. Ferguson precedent and establishing “Separate is inherently unequal”

Engel v. Vitale

Public school prayer is unconstitutional

Dred Scott v. Sandford

ruled that African-Americans at this time were not U.S citizens and that congre4ss could not ban slavery in territories

Baker v. Carr

established “one person one vote” congressional districts must be relatively equal based on population

Gideon v. Wainwright

guaranteed a right to an attorney

Miranda v. Arizona

established the Miranda right to remain silent

Tinker v. Des Moines

students have the 1st amendment right to free speech in school

NY Times v. US

the federal government could not use prior restraint to restrict the release of the Pentagon Papers

Wisconsin v. Yoder

Amish kids could be removed from school at an earlier age due to the free exercise clause

Roe v. Wade

protected of woman’s right to abortion

Regents of University of Cal v. Bakke

affirmative action is allowed but racial quotas are unconstitutional

Hazelwood v. Kuhlmeier

schools can limit school sponsored speech if educationally justifiable

Texas v. Johnson

flag burning is allowed under free speech and symbolic speech

Shaw v. Reno

racial gerrymandering is unconstitutional

US v. Lopez

guns do not count as part of the commerce clause and this restricted the power of congress and returned some power to the states

DC v. Heller

recognized an individual’s right to possess firearms for self-defense