FCLE 2025

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87 Terms

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Popular Sovereignty

where the government is created by and serves the will of the people.

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Which principle ensures that no single branch of govermnt become too powerful

checks and balances

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Which case established judicial review in the U.S.

Marbury v. Madison

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What is the main function of the Commerce Clause in the Constitution

To regulate interstate commerce and international trade.

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Which amendment guarantees equal protection under the law

The Fourteenth Amendment guarantees equal protection under the law, ensuring that individuals are treated equally in legal matters. This amendment prohibits discrimination and requires that states provide equal protection to all persons.

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Whats the purpose of the Bill of Rights

To safeguard individual freedoms and civil liberties.

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Which enlightenment thinker is associated w/ the idea of the separation of powers

Montesquieu

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What right is protected under the 1st Amendment

Freedom of speech, religion, and assembly

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The 10th Amendment reserves power entitling

the states or the people, limiting federal authority

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What did John Lockes social contract theory emphasizes

gov. power based on the consent of the governd and the protection of natural rights.

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Who proposed individuals enter into a social contract to form a government

John Locke

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According to John Locke, where does the legitimacy of political authority come from

the consent of the governed

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Why is citizens active participation and agreement w/ the government’s actions crucial for its legitimacy and functioning

reflects the concept of the social contract

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Which branch of government does article 3 establish

the judicial branch of government

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Is the primary role of the judicial branch as outlined in article 3

to interpret laws and administer justice.

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According to Article III what types of cases are federal courts authorized to hear

Cases involving foreign governments

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The Massachusetts Constitution of 1780 was the

state constitution served as a model for other state constitutions and the US Constitution

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What did the articles of confederation primarily emphasize

Sovereignty of individual states

state sovereignty and a weak central government.

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What significant weakness of the articles of confederation led to the call for the constitutional convention

Lack of taxation power

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What did the northwest ordinances aim to ensure

The Orderly expansion of the nations territories

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What did McCulloch versus Maryland 1819 affirm

The principle of implied powers and the constitutionality of a national bank

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What did Dred Scott v. Sanford 1857 decide regarding African-Americans

They were denied citizenship and rights under the constitution

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What was main goal of various civil rights act between the 19th and the 21st centuries

Protect and expand civil rights for marginalized groups

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How did the patriot act of 2001 impact government surveillance

expanded government surveillance powers

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which presidents initiatives led to the great society related acts in the 1960s

Lyndon B Johnson

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What did President Lyndon B Johnson's executive order 11246 require federal contractors to do

implementing affirmative action

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What does the term bully pulpit refer to

The presidents use of their position to advocate for policies

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What constitutional authority allows the president to make critical military decisions during conflicts

The president's role as Commander-in-Chief of the armed forces. This authority enables the president to direct military operations and respond swiftly to threats.

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Article V

method by which changes or additions can be made to the US Constitution, requiring approval from a supermajority of both houses of Congress and ratification by the states. It outlines the amendment process.

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The legitimacy of political authority derives from

the consent of the governd

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The 3 branches of the government are

Legislative

Executive

Judicial

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Rule of law

Ensures the government actions are bound by legal principles and constraints

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Due process refers to

fair treatment of individuals in legal proceedings

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Equality under the law means

all individuals are entitled to the same treatment and protection, regardless of differences.

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Natural Rights and law Founders believed in

natural rights that are inherent to all individuals (life, liberty, and property) reflected in the DOI as unalienable rights.

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Federalism is the system of government

where power is shared b/n national (federal) gov and state gov

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Founders believed in safeguarding

individuals liberty liberties, including political and religious freedoms.

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1st Amendment protects

freedom of speech, religion, and assembly

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What does the constitution guarantee for each state

Each state will have a republican form of government where citizens elect representatives to make decisions on their behalf.

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Majority Rule

decisions are made based on the majority’s preference

the principle that the greater number should exercise greater power.

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Minority Rights encompasses

The protections and entitlements afforded to individuals or groups who are part of a smaller, non-dominant population within a larger society

Protect the interests of individuals and groups from potential oppression by the majority

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Equal Protection

Under the law ensures that all individuals are treated equally by the government

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Elections

fair and free elections are essential for a functioning democracy, ensuring people’s will is correctly reflected in government representation

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(Article VI of the U.S. Constitution) Supremacy Clause establishes federal law

as the supreme law of the land, the highest authority, overriding conflicting state laws, meaning that federal laws and treaties take precedence over any conflicting state laws.

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Full Faith and Credit Clause

Requires states to recognize/respect public acts and legal decisions of other states.

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Commerce Clause encompass

of the U.S. Constitution, found in Article 1, Section 8, Clause 3, grants Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes

The protections and entitlements afforded to individuals or groups who are part of a smaller, non-dominant population within a larger society

grants Congress the power to regulate interstate/international commerce

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Emoluments Clause prohibits

federal officials from accepting gifts or emoluments from foreign governments

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Due process Clause

ensures that individuals have a fair and impartial legal process

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(Fourteenth Amendment of the U.S. Constitution) Equal Protection Clause guaranteed

= treatment under the law for all individuals

mandates that states cannot deny any person within their jurisdiction equal protection under the law

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Necessary and proper/Elastic clause Allows Congress

to enact laws necessary to execute its enumerated powers.

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U.S. Constitutions 1st Amendment Clause includes

several key clauses that protect fundamental freedoms. These clauses primarily focus on the freedom of religion, freedom of speech, and freedom of the press, along with the right to assemble and petition the government

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Who authorized Federalist Papers

Alexander Hamilton, James Madison, and John Lay (these papers explained the principles and benefits of the proposed U.S. constitution, promoting the idea of a constitutional republic w/ a strong federal government.

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Plessy Ferguson (1896)

established /separate/ but /=/ doctrine, allowing racial segregation in public facilities as long as they were deemed equal (eventually overturned by Brown v. Board of Education)

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Schenck v. U.S. (1919) the court that ruled

that free speech could be limited when it presents a -clear and present danger- to the government or society

The Supreme Court upheld the conviction of Charles Schenck for violating the Espionage Act of 1917 by distributing leaflets (advertising pamphlets) that opposed the military draft during World War I.

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Korematsu v. U.S. (1944) upheld

The constitutionality of the forced relocation and internment of Japanese Americans during WWII

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Brown v. Board (1954)

Supreme court had overturned plessy v ferguson and declared racial segregation in public schools unconstitutional.

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Mapp v. Ohio

case established exclusionary rule prohibiting use of evidence obtained illegally in criminal trials

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Regents of University of Cali v. Bakke (1978)

The court ruled that affirmative action programs in college admissions were constitutional, but could not use racial quotas.

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Hazelwood v. Kuhlmeier (1988) court held officials

could censor student speech in school-sponsored activities (student papers) with proper censorship

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Texas v. Johnson (1989)

court ruled flag burning as a form of protest is protected by 1st amendment as expressive speech, upheld individuals to engage in symbolic speech

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Shaw v. Reno (1993) court held

that racial gerrymandering, redrawing electoral districts to favor particular racial

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U.S. v Lopez

The court struck down a federal law because it exceeded Congress’s power under the commerce clause. The decision reaffirmed the importance of federalism and limited federal authority.

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Bush v. Gore

A controversial ruling, the court effectively ended the FL recount in the 2000 presidential election, leading to George W. Bush's victory

A legal battle ensued concerning the manual recounts and the differing standards used across Florida counties to determine voter intent, particularly concerning "undervotes" or ballots that machines did not read

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District of Columbia v. Heller Court held

The 2nd amendment protects an individual's right to possess firearms for self-defense within the home, affirming an individual’s rights and interpretation of the amendment

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McDonald v. Chicago a landmark 2010 Supreme Court case

that determined the Second Amendment's right to keep and bear arms for self-defense applies to state and local governments through the Fourteenth Amendment. recognized in Heller, to state and local gov., ensuring they could not infringe on this right

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Citizens United v. FEC

The Supreme Court ruled that the First Amendment's free speech clause protects the ability of corporations and unions to spend unlimited sums of money on independent political broadcasts in candidate elections.

including for independent electioneering communications, is protected as free speech under 1st Amendment. This decision led to increased campaign spending by outside groups.

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Kansas v. Nebraska Act of 1854 a US law

that organized the Kansas and Nebraska territories, allowing residents to decide by popular sovereignty whether to permit slavery within their borders above the 36’30 parallel

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Compromise of 1850 is known as a

Series of legislative measures aimed at resolving territorial and slavery issues from mexican american war

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Homestead Act 1862

encouraged westward expansion by granting 160 acres of public land to settlers who agreed to develop and cultivate for at least 5 yrs.

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Pendleton Act of 1883

established a merit based civil service system ending the spoils system of political appointment based on patronage (support given by a patron)

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Various civil rights b/n the 19th and 21st centuries

these acts inclusing civil rights act 1866, 1964, and 1991 aimed to portect and expand civil rights for magenlized groups

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Alien and Sedation Acts of 1798

series of laws allowed the government to detain or deport non-citizens and criminalize criticism of the government.

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USA PATROIT Act of 2001

passed on Sept 11 2001 terrorist attacks the USA Patriot Act expanded the government a surveillance powers to counter terrorism.

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Various Great Society relatd acts

aimed to eliminate poverty and racial injustice under President Lyndon B Johnson

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New Deal Related Acts is the

programs of Franklin D Roosevelt administration during the great depression sought to stimulate the economy, create jobs, and regulate financial institutions

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Patient Protection and Affordable Care Act of 2010

Aka ACA/Obamacare, this act expanded acess ot healthcare by requiring individuals to have insurance coverage, expanding Medicaid, and implementing health market reforms

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Clean Air Act of 1970

sought to control air pollution regualing emmiosna of harful pollutants form industrial sources, vehiclaes, or ohter soruces

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Tokin Gulf Resoultion of 1964

Granted by President Lyndon b johnson the authority to use military force in Vietnam after alleged attacks on U.S. ships in the Gulf of Tonkin

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Treaty of Paris (1898) ended the

The Spanish-American War and ceded several territories to the U.S., including P.R., Guam, and the Philippines

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Louisana purchase of 1803

a land acuqisation from France doubling the size of the U.S.

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Adams Onis treaty of 1821

settled the boundary dispute b/n the U.S. and Spain

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Suspension of Habeas Corpus

In times of crisis or war, presidents have suspended habeass corpus to detain individuals without trial

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Japanese American Internment

During WWII, President Franklin D Roosevelt issued Executive Orderr 9066, later leading to the forced relocation and internment of Japanese Americans

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Enforcement of Civil Rights related Supreme court decisions have

played a crucial role in enforcing supreme court decision related to civil rights

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military desegregation

president harry truman issued executive order 9981 in 1948 ending in racial segregation in the U.S. military

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President Lyndon B Johnson issued (affirmative action)

executive order 11246 in 1965 requiring federal contractors to take affirmative action using employment opportunity

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Presidential War Powers is where

The constitution grants the president war powers as the commander in chief, allowing them to make military decisions during conflicts