St Petersburg College Civic Literacy Flashcards

Democracy

Type of government where power is derived from the people, either directly or indirectly.

Representative Democracy or Democratic Republic

An indirect or a representative democracy where eligible voters choose representatives to act on their behalf and make political decisions.

Constitutional Democracy

A government that draws its legitimacy from an authoritative document (a constitution) that defines the nation's system of government, its laws and usually the rights of its citizens. The Constitution is the supreme law of the land. The Constitution describes who will make national laws, who will enforce them and who will interpret it.

Social Contract Theory

The belief that people are free and equal by natural right but will give up some freedom to give power to the government so that the government can protect their rights.

Consent of the Governed

The idea that our government derives its power from the people because we elect representatives to the legislative branch of government.

Checks and Balances

Principle reflected in the Constitution that grants each of the three branches (legislative, executive, and judicial) some control and scrutiny over one another.

Separation of Powers

Refers to the division of government branches: each with separate independent power and responsibilities, so that the powers of one branch do not conflict with the others.

Rule of law

No one is above the law; Everyone must follow the laws, regardless of their position of power. This was established by the Magna Carta in 1215. Everyone is equal under the law.

Due process of law

Fair treatment through the normal judicial system.

Equality under the Law

Equal treatment and equal protection without the guarantee of equal outcomes.

Popular Sovereignty

A belief that ultimate power resides in the people.

Natural rights

Rights people have by virtue of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights.

Federalism

A political system in which power is divided between a central government and multiple constituent, provincial, or state governments.

Concurrent powers

Powers that are held by both the federal and the local governments (e.g. taxing, roads, elections, lower courts).

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.

Article I, Section 4, of the United States Constitution

Grants the states the authority to determine the rules by which they elect their United States Senators and Representatives, unless the United States Congress acts to change those rules.

Article II, Section 1, of the United States Constitution

Provides that the President of the United States is elected by the Electoral College.

Electoral College

The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President.

Voter Registration requirements in Florida

Be a citizen of the United States of America, a legal resident of Florida, a legal resident of the county in which you seek to be registered, at least 16 years old to preregister or at least 18 years old to register and vote. Not be a person who has been adjudicated mentally incapacitated with respect to voting in Florida or any other state without having the right to vote restored; and, not be a person convicted of a felony without having your right to vote restored.

County Supervisor of Elections

Florida has 67 counties. Each county has an elected Supervisor, who conducts elections within his or her county.

Preamble to the Constitution

The opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Article I of the United States Constitution

Legislative Branch (Congress).

The United States Congress is bicameral, consisting of two chambers, the House of Representatives and the Senate. Congress is the branch that is responsible for making the laws. Other powers include commerce, taxing, roads, defense, war, citizenship, etc. The founders gave the most powers to this branch because it is made up of many representatives elected directly by the people.

House of Representatives

The lower chamber of the US Congress. The number of representatives from each state is based on population and each representative is elected by a district in their state. Its members serve 2-year terms. Also, revenue and taxing bills must originate in the House.

Speaker of the House of Representatives

The leader of the majority party who serves as the presiding officer of the House of Representatives and who is second in line to the Presidency after Vice-President.

Senate

The upper chamber of the US Congress with 100 members, 2 from each state. Senators serve 6-year terms and represent all of their state's citizens. They also have the power to approve treaties as well as judicial and executive appointments.

President pro tempore of the Senate

Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President who is the President of the Senate. The President pro tempore is third in line to the Presidency after Speaker.

Bill

A statute in draft before it becomes law.

Impeachment

A formal document charging a public official with misconduct in office. The House of Representatives is responsible for the investigation and the Senate is responsible for holding a trial to determine removal.

Enumerated or Expressed powers

Powers to the branch(es) of government that are specifically stated in the Constitution (e.g. power to declare war in Article I).

Implied Powers

Powers to the branch(es) of government that aren't stated in the Constitution (e.g. Elastic/Necessary and Proper Clause in Article I).

Elastic Clause

Is cited in the Supreme Court landmark case McCulloch v. Maryland (1819) and expands the power of the Legislative branch (also called the Necessary & Proper clause Article 1, Section 8, clause 18).

Article II, of the United States Constitution

Executive Branch

Headed by the President and carries out the laws; also includes the Vice President and the Cabinet members.

President

Powers: head of the executive branch; enforces laws, signs/vetoes bills; negotiates treaties; nominates Supreme Court justices; Commander in Chief of the armed forces.

Veto power

Presidential power to stop a bill from becoming a law by rejecting it.

Article III, of the United States Constitution

Judicial Branch

The branch of government that reviews the law and interprets the Constitution. It includes the Supreme Court and the lower federal courts.

U.S. Supreme Court

9 justices nominated by President, confirmed by Senate; the highest court in the nation; holds trial in limited matters in accordance with the Constitution and hears appeals in other matters of national importance; interprets the Constitution using the power of judicial review.

Chief Justice

The justice who presides over the Supreme Court.

Judiciary Act of 1789

Establishes three tier court system (District, Appeals, Supreme).

Judiciary Act of 1869

Establishes current number of nine justices.

Judicial Review

Marbury vs. Madison (1803)

The power of the court to determine if laws passed by Congress or state legislatures; or the actions of the President or Governors are constitutional.

Article IV, of the United States Constitution

National Unity

Establishes relationship between states and the US; procedure for admittance of new states; Full Faith and Credit Clause- states must recognize the judicial proceedings and records of the other states.

Article V, of the United States Constitution The Amendment Process

The Amendment Process

Amending the US Constitution is a two-step process (Congress and State Legislatures) that requires a supermajority because the framers do not want amending to be an easy process.

Article VI, of the United States Constitution National Supremacy

National Supremacy

The Supremacy Clause makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws.

Article VII, of the United States Constitution Ratification

Ratification

Required approval by conventions in nine states.

Amendment 1

Freedom of speech, religion, press, assembly, and petition.

Establishment Clause

No entanglement with government and religion. This has been interpreted by the Courts as requiring a "wall of separation."

Engle v Vitale (1962)

No state sponsored prayer in public schools.

Free Exercise Clause

First Amendment, freedom of religion clause. The freedom to practice any religion of your choice.

W. Virginia v. Barnette, state law violated Jehovah's Witness student's rights.

Wisconsin v. Yoder (1962) Free exercise outweighed state's interest in compelling school beyond 8th grade where the school values were in "sharp conflict with the fundamental mode of life mandated by the Amish religion."

Free Speech: Cases

Political speech is protected- Gitlow v NY (1925)

Symbolic speech is protected- Texas v. Johnson (1989)

Student speech protected: Tinker v. Des Moines (1969) - Substantial disruption test

Hazelwood v. Kuhlmeier (1988); schools may limit student speech.

Free Press: Cases

New York Times v Sullivan (1964) - Freedom of press protected in defamation

New York Times v US (1971)

Government cannot have prior restraint over press.

Amendment 2

The right to bear arms for self-defense; District of Columbia v. Heller (2008).

Amendment 3

Amendment that prohibits forced quartering of soldiers in private homes.

Amendment 4

Amendment that prohibits unreasonable search & seizures (probable cause= warrant= search)

Mapp v Ohio (1961); evidence obtained outside of warrant is inadmissible in court.

"Exclusionary Rule."

Amendment 5

Amendment that lists the rules for indictment by grand jury, and eminent domain. Protects the right to due process. Prohibits double jeopardy and self-incrimination.

Miranda v. Arizona (1966)

Amendment 6

Amendment that protects the right to a fair and speedy trial. Gives you the right to be notified of accusations, confront the accuser, obtain a witness for or against you and the right to counsel.

Gideon v. Wainwright (1963);

Amendment 7

Amendment that provides the right to trial by jury in civil cases.

Amendment 8

Amendment that prohibits excessive bail, fines or cruel & unusual punishment.

Amendment 9

People's rights are not limited to those in the Constitution.

Amendment 10

Amendment that states powers not given the United States or prohibited to the states are reserved to the states.

Amendment 11

Amendment that states cases in which a state was sued without the consent from jurisdiction of federal government must be removed.

Amendment 12

Amendment that states presidential electors have to vote for president and vice president separately.

Amendment 13

No person under the jurisdiction of the US can be a slave and Congress can pass legislation implementing the abolition of slavery.

Amendment 14

Amendment that gives rights of citizens:

all persons born in the United States are granted citizenship

no state can deny any person the equal protection of the laws

no state can deny any person life, liberty, and

property without due process of law

Amendment 15

Amendment that doesn't allow you to deny a vote because of race, color, previous condition of servitude.

Amendment 16

Amendment that states congress has the right to levy an income tax.

Amendment 17

Amendment that gives the right to elect US senators by popular vote.

Amendment 18

Congress has the right to prohibit the manufacture, sale, and transportation of liquor.

Amendment 19

Amendment that states all women have the right to vote.

Amendment 20

Presidential Inauguration Day is Jan. 20 and Jan. 3 is the date for the new congress opening. If the president dies before swearing in, the Vice President elect becomes president.

Amendment 21

Amendment that repeals the 18th Amendment; empowered Congress to regulate liquor industries.

Amendment 22

Amendment that limits the President to two full terms in office.

Amendment 23

Granted voters in the District of Columbia the right to vote for president and vice president.

Amendment 24

Amendment that forbade requiring the payment of a poll tax to vote in a federal election.

Amendment 25

Amendment that provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of the vice president.

Amendment 26

Amendment that guaranteed the right to vote to 18-year-old persons.

Amendment 27

Amendment that banned Congress from increasing its members' salaries until the next election.

Selective Incorporation

The process of applying the civil liberties to the states through Supreme Court rulings based upon the protections of the 14th Amendment.

The Bill of Rights was promoted by the Anti-Federalists with the intent to protect individual freedoms from the federal (central) government, and state action was not originally considered.

Eminent Domain; RR v Chicago (1897) was the first incorporated amendment,

Heller (2008)/McDonald (2010) were the most recently incorporated liberties.

Reserved powers

Powers reserved for the states through the Tenth Amendment; examples: creating and maintaining an education system, creating local governments, policing powers.

Federalist Papers

A series of papers written by Hamilton, Madison and Jay to persuade the states to ratify the Constitution and quell fears of the strong central government and promote the components of a democratic republic (representation, separation of powers, checks and balances).

Anti-Federalist Papers

A series of essays written to counter and defeat the proposed U.S. Constitution; argued against a strong central government and pushed for more protection of the people's rights, along with a Bill of Rights.

Argued that man had more rights than established in the Constitution's enumerated powers.

Declaration of Independence

Written by Thomas Jefferson and adopted on July 4, 1776 establishing the 13 American colonies as independent states, free from rule by Great Britain. The Preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness.

The Constitution of Massachusetts (1780)

Influenced the development of the United States as a Constitutional Republic. The 1780 Constitution of the Commonwealth of Massachusetts, drafted by John Adams, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789.

The Articles of Confederation (1781)

This document was adopted by the Second Continental Congress in 1781 during the Revolutionary War to create a national government. The new government was weak because states held most of the power, and Congress lacked the power to tax, regulate trade, or control the coining of money. It was later replaced with the U.S. Constitution.

The Northwest Ordinances (1784, 1785, 1787)

A bill of rights protecting religious freedom, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights; in addition, the ordinance encouraged education and forbade slavery.

Federalist Papers No. 10

James Madison wrote this essay to convince the people of New York to ratify the proposed federal U.S. Constitution.

Federalist Papers No. 14

The 14th Federalist Paper, written by James Madison, addressed the topics of identifying the form of government which the Union was trying to attain, the size of the Union, the separation of powers between the general government and the States, the traveling within the Union, and the benefits of the States at the borderline of the Union.

Federalist Papers No. 31

Defending the unlimited right of the national government to tax the people.

Federalist Papers No. 39

Written by James Madison, is an explanation the character of the new republican system of government created under the Constitution.

Federalist Papers No. 51

Addresses the means by which appropriate checks and balances can be created in government and advocates a separation of powers within the national government.

U.S. Constitution

"Supreme law of the land" was written at a Constitutional Convention in Philadelphia in 1787.

Constitutional Convention

Meeting of state delegates in 1787 to revise the Articles of Confederation, which produced the new U.S. Constitution.

Great Compromise

Introduced by Roger Sherman; set up a bicameral Congress - upper house called Senate with each state getting 2 votes and a lower house called the House of Representatives with each state's representation based on its population (proportional representation)- satisfied both the large and small states.

3/5 Compromise

Compromise made when writing the Constitution to satisfy both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes.

Bill of Rights (1791)

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Magna Carta (1215)

Magna Carta was issued in June 1215 and was the first document to put into writing the principle that the king and his government was not above the law.

Mayflower Compact (1620)

The first agreement for self-government in America. It was signed by the 41 men on the Mayflower and set up a government for the Plymouth colony (Pilgrims). a "civil body politic."

English Bill of Rights

Document written by English Parliament in 1689, designed to prevent abuse of power by English monarchs; parts of the U.S. Bill of Rights have foundation in that document.

Common Sense (1776) by Thomas Paine

Pamphlet that advocated for the colonies declaring independence from Britain; supported the need for a democratic government where the people had representation.

Virginia Declaration of Rights (1776)

The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government.

American Revolution

War between Great Britain and its American colonies, by which the colonies won their independence.