Civics/ FCLE Study Guide

Supremacy Clause

Federal law is above state law

Full Faith and Credit Clause

States must recognize and respect the acts and legal decisions of other states

Commerce Clause

Congress regulates interstate and international commerce

Emoluments Clause

Federal officials cannot accept gifts from foreign governments

Elastic Clause

Congress can enact laws necessary to execute its enumerated powers

Anti Federalist Papers

Arguments against the ratification (signing) of the US Constitution

Unitary System

All powers are concentrated in the central government

Confederal System

Power resides in each independent state

Parliamentary System

Power lies with the legislative body and the leader is also part of the legislature

Social Contract

The people give up certain power and agree between the people and the ruler (consent of the governed)

John Locke

Natural rights and natural law

Natural Rights

God gives everyone the right to life, liberty, and property

Natural Law

Laws to protect the natural rights

Montesquieu

Separation of powers and checks and balances

Foundling Fathers

George Washington, Thomas Jefferson, Benjamin Franklin, Alexander Hamilton, John Adams, James Madison

Boston Massacre

Last straw till the revolution

Unalienable Rights of Thomas Jefferson

Life, liberty, and the pursue of happiness; these rights can never be taken away bu the government

Magna Carta (limited the king)

Rule of law, constitutional monarchy, and habeas corpus

The Mayflower Compact (Plymouth, Massachusetts)

Social contract

English Bill of Rights

Individual rights, parliament over monarchy

Common Sense

Popular sovereignty, checks and balances, written constitution

The Preamble

6 purposes of the constitution: perfect union, justice, domestic tranquility, common defense, general welfare, liberty

Principles of the Constitution

5 principles: popular sovereignty (we the people), republicanism, separation of power/ checks and balances, rule of law, individual rights

Separation of Powers

3 branches of government to prevent power hoarding

Checks and Balances

Each branch can check or limit each other’s powers

Legislative Branch (Congress)

Makes laws; House of Representatives, Senate

Powers of the Legislative Branch

Collecting taxes, paying debts, borrow and print money

Executive Branch (President)

Carries out laws; president, vice president, cabinet

Judicial Branch (Supreme Court)

Interprets laws; Supreme Court, 9 Supreme Court justices (appointed by the executive branch)

The Articles of Confederation

First constitution (draft); 6 weaknesses: no taxes, states had more power, no executive branch, no judicial branch, can’t pass amendments, can’t settle state disputes

Federalists

Wanted Constitution, strong national government, wanted executive branch, Federalist Papers

Anti-Federalists

Wanted Articles of Confederation, wanted power at state level, wanted a Bill of Rights, Anti-Federalist Papers

Enumerated/Delegated Powers

Powers listed in the Constitution for the federal government

Constitutional Amendments Process

2/3 of the House of Reps and Senate approve, ¾ of state Legislatures vote to ratify

Ratify

Pass law or amendment

Bill of Rights

First 10 amendments

Civil Liberties

Natural rights or unalienable rights

How many articles are there in the Constitution?

7

Article 1

Legislative Branch

Article 2

Executive Branch

Article 3

Judicial Branch

Article 4

Full Faith and Credit Clause

Article 5

Amendment process

Article 6

Supremacy Clause

Article 7

Ratification process

How many amendments are in total?

27

Amendment 1

RAPPS (religion, assembly, press, petition, speech)

Amendment 2

Right to bear arms

Amendment 3

No quartering of soldiers

Amendment 4

Illegal search and seizure

Amendment 5

Rights of the accused, Miranda rights, eminent domain

Amendment 6

Rights in criminal trial, jury of peers

Amendment 7

Speedy trial

Amendment 8

No cruel or unusual punishment, no excessive bail or fines

Amendment 9

Rights not listed in the Constitution are given to the people

Amendment 10

Reserved power for the states

Amendment 11

Protect states from other state lawsuits

Amendment 12

Changed voting procedures; made separate votes for President and Vice Presidents

Amendment 13

Freedom of slaves

Amendment 14

Citizenship

Amendment 15

Right to vote for all men

Amendment 16

Power to impose income taxes

Amendment 17

Direct election of senator by voters

Amendment 18

Prohibition

Amendment 19

Suffrage for women

Amendment 20

President, Vice President, and Cabinet would take office in January

Amendment 22

President term limits (4 years, 2 terms)

Amendment 23

Suffrage for Washington DC

Amendment 24

No more poll tax

Amendment 25

Succession in case President’s death or disability

Amendment 26

Suffrage for 18 and older

Amendment 27

Raiding the pay of Congress doesn’t take effect until the following term

Suffrage

Right to vote in political elections

Rule of Law

No one is above the law; established in the Magna Carta

Lawmaking Process

1. Bill is introduced to each house of Congress

2. Referred to a committee

3. The house and Senate vote on bill

4. The president signs, vetoes, or does nothing (can be overrode by 2/3 vote)

The Senate

100 members, 2 from each state

The House of Representatives

435 members, number per state varies due to population

Statutory Law

Decisions based of statutes written by a legislative body

Statutes

Written law passed by a legislative body

Trial Courts

Original jurisdiction on most cases

Appeals Courts

Court cases can be appealed or reviewed, 3 judges no jury, no verdict

Supreme Court

9 justices, review verdicts, declares laws unconstitutional, decision is final

State Courts

Crimes against state laws, traffic violations, divorces , contract disputes, injury, inheritance

Federal Courts

Interstate commerce, federal taxes, patents and copyright, treaties, immigration, bankruptcy, habeas corpus

Marbury v. Madison

Judicial review

McCulloch v. Maryland

Elastic clause

Dred Scott v. Stanford

Slaves were not citizens

Please v. Ferguson

Separate but equal

Brown v. The Board of Education

Separate but equal is not equal

Gideon v. Wainwright

Right to an attorney in any case

Miranda v. Arizona

Miranda Rights

In re Gault

Due process and equal protection for minors

Tinker v. Des Moines

Free speech for minors

Hazelwod v. Kuhimeier

Upheld slander and libel

Bush v. Gore

Upheld the 14th amendment; stopped the Florida recount

Washington DC v. Keller

Defined the 2nd amendment of individuals being able to bear arms

Majority Rules

Decisions are made on the majority’s preferences

Minority Rights

Protect the interest of individuals and any groups from oppression by the majority