FCLE Study/Cram

Executive privilege (Nixon)

The President has certain powers, but they are not above the Rule of Law.

Who is Article I? What do they do?

This Article is the Legislative Branch. Its powers are divided into two houses (The House of Representatives and the Senate). They have the power to make laws, levy taxes, regulate commerce, and declare war.

Who is Article II? What do they do?

This Article is the Executive Branch. It details the President's powers, duties, and term of office, including serving as commander in chief, the ability to make treaties with Senate approval, appointing officials, and the process for removal, death, or resignation. The article also covers the election of the President and Vice President, the role of the Electoral College, and the process for filling vacancies. 

What is Article III? What do they do?

This Article is the Judicial Branch. This includes the Supreme Court and other federal courts. It outlines the jurisdiction of federal courts, which includes cases involving the Constitution, federal laws, and treaties, as well as disputes between states, between citizens of different states, and other specific controversies. The article also defines treason and guarantees the right to a jury trial for all crimes except for impeachment, with trials held in the state where the crime occurred. 

Three Branches equals what?

The Three Articles

What is Due Process? What Amendment does it fall under?

It is defined as the fair treatment through the normal judicial system, especially as a citizen’s entitlement. This falls under the Fifth Amendment, which says no one shall be "deprived of life, liberty or property without due process of law" by the federal government.

What is Popular Sovereignty? Where did we get this from?

the principle that a government's power is derived from the people, who are the ultimate source of political authority. This means that the government's legitimacy rests on the "consent of the governed," a concept central to the United States Declaration of Independence. It can be exercised through various mechanisms, including elections and referendums, where citizens can make or influence policy decisions.  During the Antebellum period, it allowed citizens to determine whether slaves were free in that specific state.

How many senators do we have in total? How many senators do each state get?

There are 100 senators, and each state gets 2 senators.

What is the Bill of Rights?

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.

1st Amendment

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

2nd Amendment

Protects the people's right to bear arms.

3rd Amendment

No soldier can be quartered in a home without the permission of the owner.

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause.

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense.

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

9th Amendment

People have other rights not specifically stated in the Constitution.

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people.

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners.

12th Amendment

The Electoral College must vote for the President and the Vice President separately.

13th Amendment

Abolished slavery and involuntary servitude.

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law.

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves.

16th Amendment

Created an income tax and gave the Federal government the power to collect it.

17th Amendment

Creates the direct election by the people of Senators.

18 Amendment

Prohibition of the drinking, manufacture, and sale of alcohol.

19th Amendment

Gave women the right to vote.

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration).

21st Amendment

Repealed the 18th amendment (prohibition)

22nd Amendment

Limits the president to two terms in office (or 10 years).

23rd Amendment

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state.

24th Amendment

Prohibited the poll tax.

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession). President→ Vice President→ Speaker of House.

26th Amendment

Sets the national voting age at 18, cannot be set any higher.

27th Amendment

Any changes in Congressional salaries will take place after the next term starts.

Define Limited Government.

It is a principle where the government's powers are restricted by a written constitution or other laws, protecting individual rights from government overreach. This is achieved through mechanisms like the separation of powers, checks and balances, and democratic elections, which hold the government accountable to the people. 

Define Checks and Balances.

It is a system in a government where each of the three branches—legislative, executive, and judicial—has the power to limit or check the other branches. This prevents any single branch from becoming too powerful and ensures a balance of power, as outlined in the U.S. Constitution. 

Requirement for Amendment changes.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.

What is the Supremacy Clause

It refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law. It enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states. It does not, however, allow the federal government to review or veto state laws before they take effect.

Define Petitions and give an example of one.

1. It is a formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.

2. make or present a formal request to (an authority) with respect to a particular cause.

Example: Walking outside with signs/ passing out flyers.

What does the constitution do?

▪ sets up the government
▪ defines the government
▪ protects basic rights of Americans

The idea of self-government is in the first three words of the Constitution. What are these words?

▪ We the people.

What is an amendment? How many do we have?

▪ A change (to the Constitution)
▪ An addition (to the Constitution)

▪ 27

What did the Declaration of Independence do?

▪ Announced our independence (from Great Britain)
▪ Declared our independence (from Great Britain)
▪ Said that the United States is free (from Great Britain)

What are the 3 unalienable rights of the Declaration of Independence?

▪ Life
▪ Liberty
▪ Pursuit of happiness

What are our 3 types of delegated powers?

Expressed

Implied

Inherent

What is the economic system in the United States?

▪ capitalist economy
▪ market economy

What are Expressed Powers?

Clearly written powers.

What are Implied Powers

Powers that are not in writing, but you have to expect it.

What are Inherent Powers

State Powers.

What is the "Rule of Law"?

▪ Everyone must follow the law
▪ Leaders must obey the law
▪ Government must obey the law
▪ No one is above the law

The House of Representatives has how many voting members?

435

We elect a U.S. Representative for how many years?

2

What is Cooperative Federalism? What does it entail?

Categorical Grants:

Block Grants:

Project Grants:

Who does a U.S. Senator represent?

All people of the state

Why do some states have more Representatives than other states?

▪(Because of) the states population
▪(Because) they have more people
▪(Because) some states have more people

What is Full Faith and Credit?

Who is the Commander in Chief of the military?

the President

Who signs bills to become laws?

The President

Who vetoes laws?

The President

What does the President's Cabinet do?

Advises the President

What are two Cabinet-level positions?

▪ Secretary of Agriculture
▪ Secretary of Commerce
▪ Secretary of Defense
▪ Secretary of Education
▪ Secretary of Energy
▪ Secretary of Health and Human Services
▪ Secretary of Homeland Security
▪ Secretary of Housing and Urban Development
▪ Secretary of the Interior
▪ Secretary of Labor
▪ Secretary of State
▪ Secretary of Transportation
▪ Secretary of the Treasury
▪ Secretary of Veterans Affairs
▪ Attorney General
▪ Vice President

Define Bicameral.

1. (of a legislative body) having two branches or chambers.

What are Concurrent Powers?

The powers shared and exercised simultaneously by both federal and state governments, such as the powers to tax, build roads, and establish lower courts. These powers allow for a division of authority, where both levels of government can act within the same territory and on the same subjects, though federal laws may take precedence in case of a conflict. 

What was the Articles of Confederation?

The United States' first constitution, establishing a weak central government with most powers reserved for the states. Adopted by the Continental Congress in 1777, it served as the framework for the U.S. government from 1781 until the Constitution was ratified in 1788. The Articles created a "league of friendship" where states maintained their sovereignty, and the central government lacked the power to tax, regulate commerce, or enforce laws, leading to significant challenges. 

What is our form of government? Define it.

1. Constitutional Republic

2. is a form of government where citizens elect representatives to make decisions on their behalf, and the government's powers are limited by a constitution. This system is based on the rule of law, where the constitution is the supreme law that sets the framework for government structure and protects individual rights. In a constitutional republic, the head of state is elected, and power is typically divided among different branches, such as the legislative, executive, and judicial branches, to ensure a system of checks and balances. 

What type of government did we pull from the Greeks? Define it.

1. Democracy

2. It is a system of government by the whole population or all the eligible members of a state, typically through elected representatives.

What type of government did we pull from the Romans? Define it.

1. Republic

2. A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.

What is federalism?

It is a system of government where power is divided between a national government and regional governments.

How does a bill become a law?

1. A bill is introduced in either the House or the Senate.

2. It is sent to committees for review.

3. If approved by a committee, it is debated and voted on by the full chamber.

4. To become a law, the bill must be approved by a majority vote in both the House and the Senate.

5. It is then sent to the President, who can either sign it into law or veto it.

6. Congress can override a veto with a two-thirds majority vote in both chambers. 

Facts about Engle V. Vitale

A New York State law required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God. The law allowed students to absent themselves from this activity if they found it objectionable. A parent sued on behalf of his child, arguing that the law violated the Establishment Clause of the First Amendment, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment.

Ruling and Reasoning

Yes, it violated the First Amendment. The majority, via Justice Black, held that school-sponsored prayer violates the Establishment Clause of the First Amendment. The majority stated that the provision allowing students to absent themselves from this activity did not make the law constitutional because the purpose of the First Amendment was to prevent government interference with religion. The majority noted that religion is very important to a vast majority of the American people. Since Americans adhere to a wide variety of beliefs, it is not appropriate for the government to endorse any particular belief system. The majority noted that wars, persecutions, and other destructive measures often arose in the past when the government involved itself in religious affairs.