FTCE - Social Studies K-6 (Government and Citizenship)

Preamble

outlines the purpose of the Constitution and what the Founding Fathers had hoped to accomplish when they created it. replaces the Articles of Confederation,

federalism

a type of government in which power is shared not only between the branches of the national government but between the state and national governments as well

National powers

• regulate interstate commerse

• declare war

• admit new states

• mail service

• print money

• create treaties

Both National and State Powers

• pass laws

• levy taxes

• build highways

• maintain law and order

• establish courts

• charter banks

• borrow money

State Powers

• regulate intrastate commerce

• issue licenses

• ratify constitutional amendments

• establish local government

• assume any powers not delegated to national government

The Bill of Rights

passed to calm anti-Federalist fears of an overreaching government and expand the rights of people and states.

1^st Amendment

Protects against restrictions on freedom of speech, religion, press, petition, and assembly

2^nd Amendment

• Protects against restrictions of the right to bear arms

3^rd Amendment

Protects against the quartering of troops in homes

4^th Amendment

Protects against unlawful searches and seizures

5^th Amendment

protects against unsupported accusations of wrongdoing, self-incrimination, and double jeopardy (being charged for the same crime twice)

6^th Amendment

Protects the right to a fair, speedy, and public trial; the right to a lawyer, the right to confront accusers, and the right to an impartial jury

7^th Amendment

• Protects the right to a jury trial in civil cases

8^th Amendment

Protects against cruel and unusual punishment

9^th Amendment

Protects the rights of the individuals not specifically listed (unenumerated rights)

10^th Amendment

Protects powers of states that are not specifically listed in the Constitution (reserved powers)

Marbury v. Madison (1803) (most commonly tested)

Established Judicial Review, which allows the Supreme Court to rule a law unconstitutional and void the law

McCulloch v. Maryland (1819)

Established that the Constitution grants Congress implied powers for implementing the expressed powers; also ruled a state may not impede a valid use of Congressional power

Gibbons v. Ogden (1824)

Established that Congress alone had the power to regulate interstate commerce.

• Since many products cross state lines, this power has been used to greatly expand the reach of Congress.

United States v. Nixon (1974)

Ruled that the President did not have "an absolute, unqualified, Presidential privilege of immunity from the judicial process under all circumstances."

• The case was in response to President Nixon's attempt to withhold key evidence in the Watergate scandal; the tapes had incriminating evidence that President Nixon had participated in illegal activities. Fifteen days after the ruling, President Nixon resigned from office.

• The case is a landmark case because it is a key exercise of the checks and balances system where the judicial branch limited the powers of the executive branch.

Dred Scott v. Sanford (1857)

• Dred Scott v. Sanford (1857): One of the most infamous court cases in US history–otherwise known as the Dred Scott Decision. In the case, the court ruled:

  • African individuals sold into slavery were not and could not be US citizens and did not have rights protected by the Constitution (this rule also applied to African descendants, whether or not they were enslaved)

  • The US Congress had no authority to prohibit slavery in federal territories

  • Enslaved people, because they were not citizens, could not sue in court

  • Enslaved people were property and could not be taken away from their owners without due process

  • This court decision was overturned with the passing of the 13^th and 14^th Constitutional Amendments

Korematsu v. US (1944)

Ruled that the holding of Japanese Americans in internment camps was constitutional

Roe v. Wade (1973)

• Established that a woman's constitutional right to privacy extends to having an abortion

Citizens United v. FEC (2010)

Ruled that restrictions on campaign spending by corporations and unions were violations of freedom of speech.

• This opened the door to unlimited spending by these groups, and greatly increased the amount of money involved in elections at all levels

Plessy v. Ferguson (1896) (most commonly tested)

 Ruled that state laws requiring segregation in public and private sectors was constitutional, using the test of "separate but equal"

Brown v. Board of Education of Topeka, Kansas (1954) (most commonly tested)

Ruled that segregation of public schools was unconstitutional because "separate educational facilities are inherently unequal"; this overturned the finding in Plessy v. Ferguson

Tinker v. Des Moines (1969)

Ruled that students wearing black armbands to school in order to protest the Vietnam War were within their constitutional rights

• This case extended First Amendment rights to schools, with some limitations

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

determined that diversity was an important educational consideration in the classroom, and so affirmative action programs were appropriate

• However, it also made quota systems inappropriate, ending many programs.

Mapp v. Ohio (1961)

Established that evidence obtained in violation of the 4th Amendment–unreasonable search and seizure–could not be used in a state law criminal prosecution

Gideon v. Wainwright (1963)

Established that courts were required to provide legal counsel to poor defendants in criminal cases

Miranda v. Arizona (1966)

Established that a defendant had to be informed of his rights to consult an attorney for his testimony to be admissible in court;

• Led to all law enforcement to read a defendant his "Miranda Rights" while arresting

Article 1

Legislative Branch (Powers, Eligibility Requirements and Limitations of)

Article 2

Executive Branch (Powers, Eligibility Requirements and Limitations of)

Article 3

Judicial Branch (Powers, Eligibility Requirements and Limitations of)

Article 4

• The roles, rights, and privileges of the States and Their Citizens

Article 5

• The Amendment Process

Article 6

Maintenance of Previous Debts, Supremacy of the Constitution, and Oaths of Office

Article 7

The Ratification Process

legislative branch

makes laws, Congress

executive branch

enforces laws, President, Vice President, the Cabinet, and the federal bureaucracy.

judicial branch

interprets the meaning of laws,

Senate

determined by equal representation (2 senators for every state)

House of Representatives

determined by proportional representation (based on census every 10 years)

elastic clause

Congress has the power to create all laws that are "necessary and proper.”

commerce clause

regulates interstate commerce, used to justify the expansion of the legislature over nationwide issues, since they could impact interstate commerce.

Speaker of the House

leader in the House of Representatives who is selected by the membership of the majority party

Minority Leader.

leads the minority party

Vice President

official leader of the Senate, technically a member of the executive branch, may only vote in case of a tie

President Pro Tempore

traditionally the most senior member of the majority party, typically leads the senate as vice president is often absent

exec branch powers

• The President is able to veto laws passed by Congress, but Congress can overturn a veto with a 2/3 vote by each chamber.

• Once a law is passed, the President has some discretion in enforcing the laws.

justices in supreme court

appointed by the President, approved by the Senate, and serve for life or until retirement.

judicial review

the responsibility of the Supreme Court (and the rest of the federal judiciary) to determine if a law is constitutional (permissible under the U.S. Constitution).

13^th Amendment (1865)

• No slavery

  • Outlawed slavery in the United States; passed immediately after the Civil War

14^th Amendment (1868)

• Due process and citizen rights of former slaves

  • Any individual born in the United States is a United States citizen and is guaranteed equal protection and due process, the legal obligation of the government to respect an individual's legal rights.

  • Slaves and their children were automatically considered citizens of the United States and entitled to the rights of a citizen, most notably including the rights to life, liberty, and the pursuit of happiness. This amendment legitimized the citizenship of former slaves and implicitly protected them from violation of their citizenship rights by individual state governments. It was also later used to extend the rights listed in the Constitution to the states as well.

15^th Amendment (1870)

Voting power

• Protects the voting power of (male) citizens. This was passed to allow Black males to vote. Many southern states were refusing to allow Black citizens to vote in elections.

16^th Amendment (1913)

income tax

• Allows for the income tax. Congress determines tax rates and brackets, and both frequently shift depending on the goals and platform of the majority party or president.

17^th Amendment (1913)

This amendment is one of the most important amendments ever passed. Before the 17^th Amendment, state legislatures chose their senators. They were elected to protect the states' rights and powers. Senators served one to two terms due to changing politics in each state. With the 17^th Amendment, citizens directly elected senators, as they do for the House of Representatives. This amendment drastically changed the incentives of senators. Instead of protecting the states, they begin appealing to the people. This allowed for a great change in government–most notably the New Deal that greatly expanded the scope and power of the Federal government at the cost of the states' power.

8^th Amendment (1919) - Prohibition of alcohol

Prohibition of alcohol

temperance movements had been working for almost 80 years to restrict access to alcohol because of the impact it had on family life, productivity, and poverty.

19^th Amendment (1920)

Women can vote (women's suffrage)

• This immediately doubled the size of the electorate, leading to many advances in women-approved legislation.

• 21^st Amendment (1933)

• Repealed prohibition of alcohol

  • Response to a dramatic rise in organized crime and the black market, as well as the financial realities of the Great Depression. The 18^th Amendment was the only amendment repealed to date.

24^th Amendment (1964)

Poll tax abolished

• The poll tax was established to prevent many black people from voting because black people were typically poor and could not afford the tax. This was a racist practice with the intent to discriminate against black people and the poor.

26^th Amendment (1971)

Before this amendment, the voting age was 21 while the draft age was 18. The public resented the fact a man could be drafted for military service but could not vote.

Autocracy 

a government ruled by one; also called a totalitarian government

Monarchy

• a single person serves as head of state; often granted the position through heredity

Dictatorship

one person holds absolute power without constitutional limitations; dictators often seize power through force or fraud and maintain it using intimidation and removal of citizens' basic liberties

Oligarchy

a government ruled by few

Theocracy

operated under divine rule by religious leaders

Aristocracy

• the nobility (highest class of society) has power and control

Democracy

a government ruled by many; citizens have a version of political control

Direct Democracy

every citizen has a direct vote in government matters and policy; typically unmanageable in large societies because of the logistics of each citizen casting a vote for each policy

Republic

utilizes elections to identify representatives who will make laws and run the government instead of individual citizens creating and passing the laws themselves

Confederation

an alliance of states in which each member state retains significant autonomy. During the American Revolution, the Articles of Confederation organized the US as a confederation

Anarchy

absence of government authority and laws, individuals have absolute freedom; no centralized protection for those freedoms, chaos generally ensues

representative democracy

US, a system in which the people elect representatives who are responsible for representing the needs of their constituents by writing and voting on laws.

governor

leader of state government, varies from state to state

Due Process

The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court of the United States interprets the clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Miranda Rights

he Miranda Warning is a legal requirement for arresting officers to inform a suspect of their legal rights. The concept of Miranda Rights was established in U.S. law following the 1966 case Miranda v. Arizona where a man arrested and tried for armed robbery, kidnapping, and rape of a mentally handicapped young woman was not informed of his legal rights prior to arrest and interrogation.

Miranda Rights are often advised in the Miranda Warning. A typical Miranda Warning is as follows:

You have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?

Presumption of Innocence (innocent until proven guilty)

In many states, presumption of innocence is a legal right of the accused in a criminal trial. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases, prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted.

Jury Trial

Granted by the 7th Amendment of the Constitution, a trial is a right in the U.S. The 6th Amendment is similar but distinct in that it guarantees the right to a speedy trial and an impartial jury. Together, these two amendments establish a key part of the U.S. legal system.

Property rights

• the right to own land and determine how to allocate resources on that land

The right to choose one's work

citizens are allowed to choose what types of labor or jobs they want to take. The government will not provide a guaranteed income to citizens but it also doesn't dictate professions, and leaves that freedom up to the individual.

The right to a labor union

citizens are allowed to join or not join unions related to their profession

The right to copyrights and patents

citizens may apply to the federal government for a patent to protect their inventions

Rights of the Individual

The Bill of Rights was written to detail rights granted to the individual and protections for citizens from government overreach. Not all rights are listed in the Constitution, however, so it is the job of the US Supreme Court to determine whether or not certain rights are in alignment with what is explicitly included in the document. 

Freedoms

freedom of the press, freedom of religion, freedom to assemble, freedom of speech, and freedom to petition the government.

Civic Responsibility

The responsibility of each citizen to constructively participate in their society and to work toward a common good.

Popular Sovereignty (rights)

the idea that all powers of government ultimately rest in the people. This idea is contrasted with a monarchy, in which power resides in a single royal ruler, or aristocracy, in which power resides in an elite class. The idea of Popular Sovereignty was implemented by America, using a republic system of government. Government officials serve at the request of the citizens–not vice versa. This is why elections are held (processes by which citizens vote for the people they wish to represent them).

Inalienable Rights

rights held by all individuals that are seen as natural to every person and outside the jurisdiction of the government

Natural Rights

rights possessed by an individual with no requirement. They are traditionally seen as life, liberty, and property (or pursuit of happiness). Natural rights, like natural law, extend beyond culture, society, or time period.

Divine Rights

belief that certain individuals have God-given rights to rule, such as Kings and Queens, and to question or rebel against their rule would be a sin

Social Contract

the idea that individuals covenant with each other to create, and be subject to, a form of government

Common Law

laws created and developed through judicial decisions, typically by courts; case law. Common law is derived from tradition and previous responses to situations.

Natural Law

laws universally recognized by the virtue of human reason or human nature. They differ from common law in that natural law extends beyond culture, time period, or society. The idea of natural law can be traced back to Aristotle. Examples of natural law would be: murder is wrong because it is against nature for one human to murder another; stealing is wrong as it violates the natural order of society.

Popular Sovereignty (laws)

- related to social contract theory, the idea that citizens have inherent political power and that the power and legitimacy of the government are derived from the consent and participation of citizens.