FCLE Competency Review 2023

Flashcards covering key vocabulary terms and definitions from the FCLE Competency Review 2023 lecture notes.

John Locke

Individuals enter into a social contract to form a government.

Legitimacy of Political Authority

Political authority derives from the consent of the governed.

Citizens’ Participation

Citizens’ active participation and agreement with the government’s actions are crucial for its legitimacy and functioning.

Montesquieu

Advocated for the separation of powers to prevent tyranny and concentration of authority.

Three Branches of Government

Legislative, Executive, and Judicial; have distinct roles and functions.

Purpose of Separation of Powers

To ensure no single branch becomes too powerful and to foster government accountability.

Checks and Balances

Each branch has the ability to limit and check the powers of the other branches.

Rule of Law

Ensures that government actions are bound by legal principles and constraints.

Due Process

The fair treatment of individuals in legal proceedings.

Equality Under the Law

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

Rule of Law

Places restrictions on the exercise of government power, protecting individual rights and promoting justice and fairness.

Due Process

Accused individuals have the right to a fair trial and legal representation.

Popular Sovereignty

The ultimate source of authority lies with the people.

Purpose of Government

Government exists to serve the people and govern based on their consent.

Natural Rights

Inherent to all individuals, such as life, liberty and property.

Federalism

Power is shared between the national (federal) government and state governments.

Influence of Federalism

Allows for localized decision-making and diverse governance while maintaining a unified national identity.

Importance of Individual Liberty to the Founders

Safeguarding individual liberties, including political and religious freedoms.

Religious Liberty Over Time

Has evolved to protect diverse beliefs and prevent government interference in religious matters.

Constitutional Guarantee of Republican Government

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

United States Government

Combines democratic principles with republican principles.

Republican vs. Democratic Government

Involves elected representation, while democratic government directly involves the people in decision-making.

Constitutional Republic

Elected representatives govern according to the Constitution’s framework.

Founders' View on Pure Democracy

Feared the potential for majority tyranny in a purely democratic government and sought to protect minority rights.

Constitutionalism

Government actions are limited by the Constitution.

The Constitution

The supreme law of the land.

Constitutionalism

Establishes a system of checks and balances, preventing the abuse of power and ensuring government accountability.

Majority Rule

Decisions are made based on the majority’s preferences.

Minority Rights

Protects the interests of individuals and groups from potential oppression by the majority.

Equal Protection Under the Law

All individuals are treated equally by the government.

Fourteenth Amendment

Prohibits states from denying equal protection to any person within their jurisdiction.

Bill of Rights

Comprises the first ten amendments to the Constitution, guaranteeing essential civil rights and liberties.

Limits on Rights and Liberties

May be limited in certain situations to protect public safety, national security, or to balance conflicting interests.

Importance of Free and Fair Elections

Essential for a functioning democracy, ensuring that the people’s will is accurately reflected in government representation.

Elections at the State and Federal Levels

Involve voting, campaigning, and the electoral process to choose representatives and leaders.

Article I, The Legislative Branch

Establishes the bicameral Congress, consisting of the Senate and the House of Representatives.

Article II, The Executive Branch

Establishes the President’s office as the head of the executive branch.

Article III, The Judicial Branch

Establishes the federal judiciary, including the Supreme Court and other federal courts.

Article IV, The Full Faith and Credit Clause

Requires states to recognize and respect the public acts, records, and judicial proceedings of other states.

Article V, The Amendment Process

Describes the process for amending the Constitution.

Article VI, The Supremacy Clause

Establishes that the Constitution, federal laws, and treaties are the supreme law of the land.

Article VII, Ratification

Describes the process for ratifying the Constitution.

Expressed/Enumerated/Delegated Powers

Powers explicitly listed in the Constitution.

Implied Powers

Derived from the necessary and proper (elastic) clause, allowing Congress to make laws necessary for executing its other powers.

The Amendment Process

Allows the Constitution to adapt to changing times and societal values through a deliberate and rigorous process.

Bill of Rights

Protects essential individual rights, such as freedom of speech and religion.

Tenth Amendment

Reserved powers not delegated to the federal government to the states or the people.

Amendments Impact on Civic Participation

Expanded voting rights and civic participation.

Constitutional Provisions that Impact Citizenship

Define citizenship and protect civil rights.

Factors that Contribute to Voter Turnout

Voting accessibility, political engagement, and public interest, influence voter turnout.

How the Amendments Apply

Initially applied only to the federal government but later extended to the states through the Fourteenth Amendment’s selective incorporation.

Federalists

Supported ratification, arguing for a stronger central government to ensure stability and protect national interests.

Anti-Federalists

Opposed ratification, fearing an overly powerful government that might infringe on individual liberties.

Anti-Federalists

Demanded a Bill of Rights to protect individual freedoms from potential government abuse.

Supremacy Clause

Establishes federal law as the highest authority, overriding conflicting state laws.

Full Faith and Credit Clause

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

Commerce Clause

Grants Congress the power to regulate interstate and international commerce.

Emoluments Clause

Prohibits federal officials from accepting gifts or emoluments from foreign governments.

Due Process Clause

Ensures that individuals have a fair and impartial legal process.

Equal Protection Clause

Guarantees equal treatment under the law for all individuals.

Necessary and Proper/Elastic Clause

Allows Congress to enact laws necessary to execute its enumerated powers.

First Amendment Clauses

Protect freedom of religion, speech, press, assembly, and petition.

Declaration of Independence

Heavily influenced by Enlightenment thinkers like John Locke, who emphasized natural rights and the consent of the governed.

Enlightenment Ideas

Promoted the belief that governments should exist to protect citizens’ rights and that people have the right to alter or abolish oppressive governments.

Declaration of Independence

Drew inspiration from philosophical works, such as Locke’s “Two Treatises of Government.

Declaration of Independence

Laid the groundwork for the principles of individual liberty, equality, and popular sovereignty.

The Constitution of Massachusetts (1780)

Served as a model for other state constitutions and the U.S. Constitution.

The Articles of Confederation (1781)

Were influenced by the idea of states’ sovereignty and fear of centralized power.

The Northwest Ordinances (1784, 1785, 1787)

Ensuring the orderly expansion of the nation’s territories.

Federalist Papers

Authored by Alexander Hamilton, James Madison, and John Jay, explained the principles and benefits of the proposed U.S. Constitution.

Federalist Papers

Aimed to counter Anti-Federalist arguments and persuade the public to ratify the Constitution.

United States Constitution (1787)

Incorporated Enlightenment principles of limited government and the protection of individual rights.

Bill of Rights (1791)

Drawn inspiration from various sources, including state declarations of rights and Enlightenment principles.

Mayflower Compact (1620)

Inspired by the Pilgrims’ desire for self-government and the belief that individuals should collectively agree to establish a just and equal society.

English Bill of Rights (1689)

Reflected the struggle for individual liberties against royal absolutism.

Common Sense (1776)

Advocated for American independence from British rule, promoting the principles of self-governance and democratic representation.

Virginia Declaration of Rights (1776)

Served as a model for the Bill of Rights in the U.S. Constitution and laid the groundwork for individual rights and the protection of personal freedoms.

Anti-Federalist Papers

Presented arguments against the ratification of the U.S. Constitution, fearing it would consolidate power and endanger individual liberties.

Marbury v. Madison (1803)

Established the principle of judicial review.

McCulloch v. Maryland (1819)

Upheld the constitutionality of the establishment of a national bank and affirmed the principle of implied powers.

Dred Scott v. Sandford (1857)

Denied citizenship to African Americans.

Plessy v. Ferguson (1896)

Established the «separate but equal» doctrine, which allowed racial segregation in public facilities.

Schenck v. U.S. (1919)

Free speech could be limited when it presents a «clear and present danger.

Korematsu v. United States (1944)

Upheld the constitutionality of the forced relocation and internment of Japanese Americans during World War II.

Brown v. Board (1954)

Declared racial segregation in public schools unconstitutional.

Mapp v. Ohio (1961)

Established the exclusionary rule, which prohibits the use of evidence obtained illegally in criminal trials.

Baker v. Carr (1962)

Federal courts could intervene in cases involving alleged gerrymandering.

Engel v. Vitale (1962)

Prayer sponsored by the government in public schools violated the First Amendment’s establishment clause.

Gideon v. Wainwright (1963)

Guarantees the right to counsel for criminal defendants in state courts.

Miranda v. Arizona (1966)

Individuals in police custody must be informed of their rights before being interrogated.

Tinker v. Des Moines (1969)

Students’ First Amendment rights are protected in public schools.

New York Times v. United States (1971)

Assertion of the right of newspapers to publish classified information without prior restraint from the government.

Wisconsin v. Yoder (1972)

The state’s interest in compulsory education did not outweigh the Amish parents’ First Amendment right to freedom of religion.

Roe v. Wade (1973)

Recognized a woman’s constitutional right to have an abortion under the right to privacy implied in the Fourteenth Amendment.

United States v. Nixon (1974)

Executive privilege did not allow President Nixon to withhold evidence during the Watergate investigation.

Regents of the University of California v. Bakke (1978)

Affirmative action programs in college admissions were constitutional but could not use racial quotas.

Hazelwood v. Kuhlmeier (1988)

School officials could censor student speech in school-sponsored activities.

Texas v. Johnson (1989)

Flag burning as a form of protest is protected by the First Amendment as expressive speech.

Shaw v. Reno (1993)

Racial gerrymandering was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

U.S. v. Lopez (1995)

Affirmed the importance of federalism and limited federal authority.