American Democracy

What is Popular Sovereignty?

The principle that government gets its power from the people. Citizens consent to be governed by voting and participating in government. FCLE Tip: If a question asks where governmental authority comes from, the answer is the people.

Example of Popular Sovereignty

Citizens vote in elections to choose representatives, approve constitutional amendments in some states, or serve on juries. Government is legitimate only because the people give it authority.

What is the Rule of Law?

Everyone—including citizens, elected officials, police officers, judges, and even the President—is subject to the law. No one is above the law.

Example of Rule of Law

A President can be investigated, impeached, prosecuted (subject to constitutional procedures), or held accountable for violating the law.

What is Limited Government?

Government may exercise only the powers granted by the Constitution. If government acts outside those powers, its actions may be declared unconstitutional.

Example of Limited Government

Congress cannot pass a law banning free speech because the First Amendment limits governmental power.

What is Separation of Powers?

The Constitution divides government into three independent branches so that no single branch controls all government power.

Legislative Branch

Article I. Makes laws. Congress consists of the House of Representatives and the Senate.

Executive Branch

Article II. Enforces laws. Headed by the President.

Judicial Branch

Article III. Interprets laws. Headed by the Supreme Court and federal courts.

Purpose of Separation of Powers

Prevents tyranny by dividing governmental responsibilities among different branches.

What are Checks and Balances?

A system allowing each branch to limit the powers of the other branches so that no branch becomes too powerful.

Examples of Checks and Balances

President vetoes bills; Congress overrides vetoes with a two-thirds vote; Senate confirms appointments; Supreme Court declares laws unconstitutional; Congress impeaches officials; Senate removes impeached officials after trial.

What is Federalism?

A constitutional system where power is divided between the national (federal) government and state governments.

Examples of Federal Powers

Declare war, print money, regulate interstate commerce, maintain the military, negotiate treaties.

Examples of State Powers

Conduct local elections, issue driver's licenses, regulate public education, establish local governments, oversee intrastate commerce.

Examples of Concurrent Powers

Powers shared by both federal and state governments, including collecting taxes, creating courts, borrowing money, and building roads.

What is a Democracy?

A form of government in which citizens participate directly or indirectly in making political decisions. In the United States, participation mainly occurs through elections.

What is a Republic?

A representative form of government in which citizens elect officials to make laws and govern on their behalf. The United States is a constitutional republic, not a direct democracy.

What is the Constitution?

The supreme law of the United States that establishes the structure of government, distributes powers, limits government authority, and protects individual rights.

Why is the Constitution called the "Supreme Law of the Land"?

Under the Supremacy Clause (Article VI), the Constitution overrides conflicting state laws and government actions.

Popular Sovereignty vs Rule of Law

Popular Sovereignty: Power comes from the people. Rule of Law: Everyone, including government officials, must obey the law.

Limited Government vs Separation of Powers

Limited Government: Government's powers are restricted by the Constitution. Separation of Powers: Government power is divided among three branches.

Separation of Powers vs Checks and Balances

Separation of Powers divides responsibilities among branches. Checks and Balances allows each branch to limit the powers of the others.

Federalism vs Separation of Powers

Federalism divides power between federal and state governments. Separation of Powers divides power among the three branches of the federal government.

Who was Thomas Hobbes?

An English philosopher who believed people are naturally selfish and that life without government would be chaotic ("state of nature"). He argued people form governments through a social contract to maintain peace and security.

What is the Social Contract?

The idea that people voluntarily give up some freedoms in exchange for government protection and order.

Who was John Locke?

An Enlightenment philosopher who argued that people possess natural rights and that government exists to protect those rights.

What are Locke's Natural Rights?

Life, Liberty, and Property. Jefferson adapted "property" into the pursuit of happiness in the Declaration of Independence.

Locke's Influence on the United States

Inspired the Declaration of Independence, natural rights, limited government, consent of the governed, and the idea that citizens may replace a government that violates their rights.

When may people change their government according to Locke?

When the government fails to protect natural rights or violates the social contract.

Who was Montesquieu?

A French philosopher who believed liberty is protected when governmental power is divided among separate branches.

Montesquieu's Influence

Inspired the Constitution's Separation of Powers and Checks and Balances.

Who was Voltaire?

A French philosopher who strongly defended freedom of speech, freedom of religion, and religious tolerance.

Voltaire's Influence

Inspired many protections found in the First Amendment, including freedom of speech and religion.

Who was Jean-Jacques Rousseau?

A philosopher who believed government should reflect the general will of the people.

Rousseau's Influence

Inspired the principle of Popular Sovereignty.

What are Natural Rights?

Rights every person possesses simply by being human. Locke identified them as life, liberty, and property. Government does not grant these rights—it protects them.

What are Civil Liberties?

Individual freedoms protected from government interference, such as freedom of speech, religion, press, assembly, petition, and the right to a fair trial.

What are Civil Rights?

Legal protections ensuring equal treatment under the law and preventing discrimination based on protected characteristics.

Civil Rights vs Civil Liberties

Civil Liberties = Freedom from government interference. Civil Rights = Equal treatment by government and society.

What is Due Process?

Government must follow fair legal procedures before depriving someone of life, liberty, or property. Protected by the 5th and 14th Amendments.

Procedural Due Process

Requires fair procedures, including notice of charges, a hearing, and an impartial decision-maker before government acts.

Substantive Due Process (FCLE awareness)

Protects certain fundamental rights from unjustified government interference, even when procedures are followed.

What is Equal Protection?

The government must apply laws equally and cannot unfairly discriminate. Guaranteed by the 14th Amendment's Equal Protection Clause.

What is the Bill of Rights?

The first ten amendments to the Constitution, ratified in 1791, protecting individual freedoms from excessive government power.

Remember RAPPS

Religion, Assembly, Press, Petition, Speech — the five freedoms protected by the First Amendment.

A governor refuses to obey a court order. Which principle is involved?

Rule of Law—government officials must obey the law and court orders.

Congress passes a law restricting newspaper criticism of the government. Which constitutional principle is violated?

Limited Government and the First Amendment protect freedom of the press.

A state regulates driver's licenses while Congress regulates immigration. What principle explains this?

Federalism—powers are divided between state and federal governments.

The President vetoes a bill passed by Congress. What constitutional concept is illustrated?

Checks and Balances.

The Supreme Court declares a law unconstitutional. What constitutional principle does this demonstrate?

Checks and Balances through judicial review, limiting the legislative and executive branches.

Citizens vote to elect members of Congress. What constitutional principle is illustrated?

Popular Sovereignty because government derives its authority from the people.

Someone is denied a trial before losing their property. Which constitutional protection is violated?

Due Process under the 5th and 14th Amendments.

A law applies differently to people solely because of their race. Which constitutional protection is implicated?

Equal Protection under the 14th Amendment.