FCLE Competency Review – Core Vocabulary

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Vocabulary flashcards that highlight fundamental terms, principles, landmark cases, and key laws/executive actions covered in the FCLE Competency Review 2023. These cards capture the most important concepts students should know for exam preparation.

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84 Terms

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Social Contract

Theory that people voluntarily give up certain freedoms to form a government that protects their natural rights (John Locke).

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Consent of the Governed

Legitimacy of government derives from the approval and participation of the people.

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Separation of Powers

Division of government authority among legislative, executive, and judicial branches to prevent tyranny (Montesquieu).

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Checks and Balances

Each branch’s ability to limit the powers of the others, assuring accountability.

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Rule of Law

Principle that all individuals and government officials are bound by and accountable to the law.

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Due Process

Fair legal procedures and protections guaranteed to individuals in judicial proceedings.

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Equality Under the Law

All people receive the same legal protections regardless of status or identity.

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Popular Sovereignty

Doctrine that political power originates with and is sustained by the people.

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Natural Rights

Inherent rights—life, liberty, property—held by all individuals and cited in the Declaration of Independence.

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Federalism

System in which power is shared between national and state governments.

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Individual Liberty

Protection of personal freedoms such as speech, religion, and assembly.

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First Amendment

Constitutional amendment safeguarding religion, speech, press, assembly, and petition.

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Republicanism

Philosophy of representative government in which citizens elect officials to make laws.

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Constitutional Republic

Government where elected representatives govern under the limits of a written constitution.

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Constitutionalism

Commitment to governance limited by a constitution’s rules and principles.

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Majority Rule

Decision-making principle in which the preference of more than half the people is followed.

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Minority Rights

Protections ensuring majorities cannot oppress individuals or smaller groups.

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Equal Protection Clause

Fourteenth Amendment provision requiring states to treat people equally under the law.

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Bill of Rights

First ten amendments guaranteeing fundamental civil rights and liberties.

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Free and Fair Elections

Elections that accurately reflect the voters’ will through transparent and secure processes.

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Article I

Section of the Constitution establishing the legislative branch (Congress) and its powers.

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Article II

Constitutional article that creates the presidency and outlines executive powers.

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Article III

Article establishing the federal judiciary, including the Supreme Court.

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Article IV

Deals with state relations; includes Full Faith and Credit Clause and admission of new states.

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Article V

Describes the constitutional amendment process.

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Article VI

Contains the Supremacy Clause making the Constitution and federal law the supreme law of the land.

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Article VII

Outlines procedure for ratifying the Constitution.

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Enumerated Powers

Powers expressly granted to Congress in the Constitution.

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Implied Powers

Authorities logically derived from the Necessary and Proper Clause to carry out enumerated powers.

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Necessary and Proper Clause

Gives Congress flexibility to pass laws needed to execute its listed powers; basis of implied powers.

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Reserved Powers

Powers not delegated to the federal government retained by states or the people (Tenth Amendment).

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Tenth Amendment

Amendment reserving undelegated powers to the states or the people.

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Amendment Process

Two-step procedure—proposal by two-thirds of Congress or convention, ratification by three-fourths of states.

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Selective Incorporation

Application of Bill of Rights protections to states via the Fourteenth Amendment’s Due Process Clause.

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Federalists

Supporters of Constitution’s ratification; favored strong central government.

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Anti-Federalists

Opponents of ratification; demanded a Bill of Rights to safeguard liberties.

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Supremacy Clause

Article VI statement that federal law overrides conflicting state laws.

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Commerce Clause

Grants Congress power to regulate interstate and foreign trade.

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Emoluments Clause

Prohibits federal officials from receiving gifts or titles from foreign governments without Congress’s consent.

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Due Process Clause

Constitutional guarantee of fair legal procedures (Fifth and Fourteenth Amendments).

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First Amendment Clauses

Free Exercise, Establishment, Speech, Press, Assembly, and Petition protections.

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Declaration of Independence

1776 document asserting colonies’ freedom and outlining natural rights and popular sovereignty.

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Articles of Confederation

First U.S. constitution creating a weak central government and strong state sovereignty.

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Northwest Ordinances

1780s laws organizing Northwest Territory and banning slavery there.

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Federalist Papers

Essays by Hamilton, Madison, and Jay advocating ratification of the U.S. Constitution.

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Magna Carta

1215 English charter limiting the king’s power and affirming rule of law.

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Mayflower Compact

1620 social contract for self-government among Plymouth colonists.

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English Bill of Rights

1689 act expanding Parliament’s powers and individual liberties against the crown.

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Common Sense

Thomas Paine’s 1776 pamphlet urging American independence.

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Virginia Declaration of Rights

1776 statement of individual rights influencing the U.S. Bill of Rights.

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Judicial Review

Supreme Court authority to declare laws unconstitutional, established in Marbury v. Madison (1803).

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Implied Powers Doctrine

Principle, affirmed in McCulloch v. Maryland (1819), that Congress can take actions not expressly listed.

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Separate but Equal Doctrine

Concept from Plessy v. Ferguson (1896) permitting racial segregation; overturned in 1954.

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Brown v. Board of Education

1954 case declaring racial segregation in public schools unconstitutional.

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Exclusionary Rule

Mapp v. Ohio (1961) principle barring illegally obtained evidence from trial.

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Miranda Rights

Requirement from Miranda v. Arizona (1966) that police inform detainees of rights before interrogation.

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Clear and Present Danger Test

Standard from Schenck v. U.S. (1919) allowing speech limits when it threatens security.

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Executive Privilege

President’s right to keep certain communications confidential, limited by U.S. v. Nixon (1974).

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One Person, One Vote

Representation principle fortified by Baker v. Carr (1962) and later cases against gerrymandering.

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Symbolic Speech

Nonverbal expression protected by the First Amendment, e.g., flag burning (Texas v. Johnson, 1989).

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Racial Gerrymandering

Redistricting that discriminates by race; ruled unconstitutional in Shaw v. Reno (1993).

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Gun-Free School Zones Act

Federal law struck down in U.S. v. Lopez (1995) for exceeding Commerce Clause power.

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Individual Right to Bear Arms

Second Amendment protection affirmed in District of Columbia v. Heller (2008).

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Corporate Political Spending

Treated as protected speech by Citizens United v. FEC (2010).

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Compromise of 1850

Package admitting California as a free state and enacting a strict Fugitive Slave Act.

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Kansas-Nebraska Act

1854 law allowing popular sovereignty on slavery, leading to “Bleeding Kansas.”

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Homestead Act

1862 statute granting settlers 160 acres for five years’ cultivation, spurring western expansion.

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Pendleton Act

1883 law establishing merit-based civil service and ending the spoils system.

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Civil Rights Act of 1964

Landmark law banning discrimination based on race, color, religion, sex, or national origin.

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Alien and Sedition Acts

1798 laws enabling detention of aliens and punishing government criticism; criticized as free-speech violations.

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USA PATRIOT Act

2001 law expanding government surveillance powers to combat terrorism.

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Social Security Act

1935 New Deal law creating pensions and unemployment insurance.

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Affordable Care Act (ACA)

2010 law expanding health insurance access and reforming healthcare markets.

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Clean Air Act

1970 statute regulating air pollutants and setting national air quality standards.

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Tonkin Gulf Resolution

1964 congressional authorization for broad U.S. military action in Vietnam.

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Treaty of Paris (1898)

Agreement ending Spanish-American War; ceded Puerto Rico, Guam, and Philippines to U.S.

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Louisiana Purchase

1803 acquisition doubling U.S. territory, bought from France under President Jefferson.

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Adams-Onís Treaty

1821 agreement giving Florida to the U.S. and defining western boundary with Spain.

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Suspension of Habeas Corpus

Temporary presidential halting of the right to court review of detention, e.g., Lincoln during Civil War.

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Executive Order 9066

1942 directive authorizing Japanese-American internment during WWII.

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Executive Order 9981

1948 order desegregating the U.S. military under President Truman.

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Affirmative Action (EO 11246)

1965 Johnson order requiring federal contractors to ensure equal employment opportunities.

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Bully Pulpit

President’s platform to shape public opinion and promote policy initiatives.

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Presidential War Powers

Commander-in-Chief authority allowing presidents to direct military actions without formal war declarations.