FCLE Study Guide (Quizlet)

social contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

John Locke

English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property.

Consent of the governed

an agreement made by the people to establish a government and abide by its laws

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government

Montesquieu

(1689-1755) wrote 'Spirit of the Laws', said that no single set of political laws was applicable to all - depended on relationship and variables, supported division of government

Limited Government

government structure in which government actions are limited by law

Rule of Law

principle that the law applies to everyone, even those who govern (no one is above the law)

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement. (5th & 14th Amendment)

Equality Under the Law

the idea that the law is supposed to be applied impartially, without regard for the identity or status of the individual involved (everyone is commits the same crime should be punished)

Popular Sovereignty

A government in which the people rule by their own consent.

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.

Governments are accountable to the citizens over whom they rule

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Natural Law

God's or nature's law that defines right from wrong and is higher than human law

Federalism

a form of government in which power is divided between the federal, or national, government and the states

• power is divided between the national and state government

• Supreme law of the land

Individual Liberty

the liberty of an individual to exercise freely those rights generally accepted as being outside of governmental control.

Republicanism

A form of government in which people elect representatives to make decisions on their behalf

Representative Democratic Government

citizens directly elect individuals to represent their interests in the legislative process

Constitutionalism

the principle that governmental power should be limited and structured by a constitution

Majority Rule

Governance according to the expressed preferences of the majority.

Minority Rule

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

Equal Protection

Requires states to guarantee the same rights, privileges, and protection to all citizens

Bill of Rights (1791)

The first ten amendments to the Constitution

Protections of Civil Rights and Liberties

Safeguards against the infringement of individual freedoms by the government. Civil rights ensure equal social opportunities and protection under the law, regardless of race, religion, or other characteristics.

Elections

Free and fair; competitive; accept the outcome

Article I

Legislative Branch

Article II

Executive Branch

Article III

Judicial Branch

Article IV

full faith and credit clause

• requires states to recognize and respect the public acts, records, judicial proceedings, and legal decisions of other states

• outlines the process for admitting new states to the Union

Article V

The Amendment Process

• describes the process for amending the Constitution, requiring approval by two-thirds of both houses of Congress or by a constitutional convention called two-thirds of the state legislatures

Article VI

Supremacy Clause

• establishes federal law as the highest authority, overriding conflicting state laws

• the supreme law of the land

Article VII

Ratification

• describes the process for ratifying the constitution, requiring the approval of nine out of thirteen states

expressed/enumerated/delegated powers

powers specifically granted to the federal government by the Constitution; the Constitution gives Congress the power to coin money, impose taxes, and regulate interstate commerce; expressed powers are also called enumerated powers

Implied powers

powers that congress has that are not stated explicitly in the constitution

Factors that contribute to Voter Turnout

Various factors, such as voting accessibility, political engagement, and public interest, influence voter turnout.

How the Constitution Safeguards and Limits Individual Rights

• through the Bill of Rights and the 14th amendment's due process clause

• Certain rights may be limited in specific circumstances to protect public safety or national security

How amendments have impacted civic participation over time and/or changed government and society

15th and 19th amendments: voting rights

Constitutional Provisions that Impact Citizenship

14th amendment

How the Amendments Apply to the Federal Government and the State Governments / How the Constitution Safeguards and Limits Individual Rights.

the Bill of Rights initially applied ONLY to the Federal government but later extended to the states through the 14th amendment's selective incorporation

Federalists vs. Anti-Federalists

Anti-Federalists wanted states' rights, bill of rights, unanimous consent, reference to religion, more power to less-rich and common people, opposed ratification; Federalists wanted strong central government, more power to experienced, separation of church and state, stated that national government would protect individual rights, supported ratification

Necessary and Proper Clause

Allows Congress to make laws necessary to execute its enumerated powers

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce.

• think of trade

Declaration of Independence

Signed in 1776 by US revolutionaries; it declared the United States as a free state.

• escaping from Great Britain

The Constitution of Massachusetts

written in 1780 by John Adams and served as a model for US constitutions in 1787

The Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

The Northwest Ordinances

Bills passed in 1784, 1785, and 1787 that authorized the sale of lands in the Northwest Territory to raise money for the federal government; these bills also carefully laid out the procedures for eventual statehood for parts of these territories.

• eventually become into states

Federalist Papers

a series of 85 essays written by Hamilton, Madison, and Jay (using the name "publius") published in NY newspapers and used to convice readers to adopt the new constitution

Federalist 10

Topic = factions (interest groups); minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders

Federalist 14

Madison argues that democracies have failed over large countries, not republics, and it would be more convenient to send a representative to a national government than to struggle alone against a foreign nation.

Federalist 31

Written by Hamilton

• The existence and origin of natural rights

• The ends and origins of government specified

• Legitimate reason why a government can be abolished

Federalist 39

The power to govern must be derived from the consent of the people.

• The representatives chosen by the people must be the ones who run the government.

• The term of service of the representatives must be limited by time, good behavior, or as long as the people approve of the person.

Federalist 51

Separation of powers & checks & balances protects against tyranny

U.S Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Magna Carta

(1215) a charter of liberties (freedoms) that King John "Lackland" of England was forced to sign; it made the king obey the same laws as the citizens of his kingdom

• a document that limited the power of the English king and guaranteed certain rights to the people

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.

English Bill of Rights

King William and Queen Mary accepted this document in 1689. It guaranteed certain rights to English citizens and declared that elections for Parliament would happen frequently. By accepting this document, they supported a limited monarchy, a system in which they shared their power with Parliament and the people.

Common Sense

1776: a pamphlet written by Thomas Paine that claimed the colonies had a right to be an independent nation

Virginia Declaration of Rights

Served as a model for the Bill of Rights of the Constitution of the United States of America

• issued at the Virginia Convention

• 1776

Anti-Federalist Papers

a series of essays written to oppose and defeat the proposed U.S. Constitution

• Brutus 1

Marbury vs. Madison

1803 Supreme Court case that established the principle of judicial review

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

• 1819

Dred Scott vs. Sandford

1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitutional

• Slave Dred Scott sued his master because his master moved from slave territory to free territory. The Supreme Court ruled against Dred Scott, saying people have the right to control their property, which meant slavery could be allowed even in the northern free states

Plessy vs. Ferguson

(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendment) provide that blacks received accommodations equal to those of whites.

• a case that was brought to supreme court by black lawsuits to challenge the legality of segregation. The court ruled that segregation was legal as long as it was "equal"

Schenck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Korematsu v. United States

A 1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II.

• Korematsu refused to obey an executive order because he felt like it was violating the 1st amendment; therefore, he was convicted and arrested for violating an executive order

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

• the court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

Mapp v. Ohio

• Police brought a fake search warrant and did an illegal search in Mapp's home

• Mapp's case won and was found NOT guilty

• Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

• 1961

Baker vs. Carr

The Supreme Court ruling that all state districts must be equal in population., required that voting district needed to be reapportioned.

• one man, one vote

• U.S. Supreme Court case that held that federal courts could hear cases alleging that a state's drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

• 1962

Engel vs. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

• They are not forced to say prayer at school

Gideon vs. Wainwright

The 1963 decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he/she might be, has a right to a lawyer.

Miranda vs. Arizona

The accused must be notified of their rights before being questioned by the police

• My Miranda rights

• 1966

Tinker vs Des Monies

Case which tested free speech and established that non-violent, non-disruptive protest is protected speech

• Students wore black arm bands for war to school ; school said against the runs; - can now express and wear what you want

• Happened during the Vietnam War

• 1969

New York Times vs. United States

The Supreme Court ruled that it was possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.

• Censorship

• 1971

Wisconsin vs. Yoder

Court decided that Amish families are required to send their kids to school.

• School Attendance Law violated the Free Exercise Clause of the First Amendment because required attendance past the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children.

• Amish can take children out of school to work on the farm; religious reason

• 1972

Roe vs. Wade

the U.S. supreme Court ruled that there is a fundamental right ro privacy, which includes a woman's decision to have an abortion. Up until the third trimester the state allows abortion.

• very controversial

• 1973

United States vs. Nixon

• Nixon was involved in scandal

• Nixon had tapes and was required to turn in the tapes to the Supreme Court

• Nixon refused and had to go through impeachment and criminal hearings

• Nixon was resigned

• 1973

Regents of the University of California vs. Bakke

• Bakke was denied due to race

• The university wanted a diverse community

• strict racial quotas is NOT allowed

• 1978

• 14th amendment

Hazelwood vs. Kuhlmeier

The Supreme Court case that the students claimed the freedom of the press in the First Amendment was violated when their stories were taken out of the newspaper

• Schools can censor school publications that reflect the values of their school

• 1988

Texas vs. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

• Johnson was arrested for burning the flag because Texas hadd a law that you CANNOT destroy the American flag

Shaw vs. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

• 1993

US vs Lopez

The Court held that Congress had exceeded its commerce clause power by prohibiting guns in school.

• 1995

Bush vs. Gore

The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation statdards in different counties violated the equal protection clause. In effect, the ruling meant Bush would win election.

• controversal 2000 election that made the final decision on flordia recounts

District of Columbia vs. Heller

2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

McDonald vs. Chicago

Chicago tried to ban guns, violated 2nd amendment, Highly significant because the 2nd Amendment is incorporated as a fundamental right, although it is still subject to regulation.

• 2010

Citizens United vs. FEC

Ruled that individuals/groups/businesses, etc. can give an unlimited amount of money toward political campaign [attack] ads with anonymity; ads do not have to disclose/announce who funded it

• Hilary Clinton

• 2010

New Jersey vs TLO

school officials don't need warrants/probable cause to search students/their property, only reasonable suspicion

• schools has the right to search through backpacks or lockers

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to keep and bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

• prohibits illegal searches

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

• Criminal Proceedings; Due Process; Eminent Domain; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel and unusual punishment

9th Amendment

the government cannot take away rights of the American people that are not specifically listed in the U.S. Constitution

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11th Amendment

Prohibits citizens of one state or foreign country from suing another state.

12th Amendment

separation of votes for President and Vice President

13th Amendment

abolished slavery

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws