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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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Social Contract
Theory that people voluntarily give up certain freedoms to form a government that protects their natural rights (John Locke).
Consent of the Governed
Legitimacy of government derives from the approval and participation of the people.
Separation of Powers
Division of government authority among legislative, executive, and judicial branches to prevent tyranny (Montesquieu).
Checks and Balances
Each branch’s ability to limit the powers of the others, assuring accountability.
Rule of Law
Principle that all individuals and government officials are bound by and accountable to the law.
Due Process
Fair legal procedures and protections guaranteed to individuals in judicial proceedings.
Equality Under the Law
All people receive the same legal protections regardless of status or identity.
Popular Sovereignty
Doctrine that political power originates with and is sustained by the people.
Natural Rights
Inherent rights—life, liberty, property—held by all individuals and cited in the Declaration of Independence.
Federalism
System in which power is shared between national and state governments.
Individual Liberty
Protection of personal freedoms such as speech, religion, and assembly.
First Amendment
Constitutional amendment safeguarding religion, speech, press, assembly, and petition.
Republicanism
Philosophy of representative government in which citizens elect officials to make laws.
Constitutional Republic
Government where elected representatives govern under the limits of a written constitution.
Constitutionalism
Commitment to governance limited by a constitution’s rules and principles.
Majority Rule
Decision-making principle in which the preference of more than half the people is followed.
Minority Rights
Protections ensuring majorities cannot oppress individuals or smaller groups.
Equal Protection Clause
Fourteenth Amendment provision requiring states to treat people equally under the law.
Bill of Rights
First ten amendments guaranteeing fundamental civil rights and liberties.
Free and Fair Elections
Elections that accurately reflect the voters’ will through transparent and secure processes.
Article I
Section of the Constitution establishing the legislative branch (Congress) and its powers.
Article II
Constitutional article that creates the presidency and outlines executive powers.
Article III
Article establishing the federal judiciary, including the Supreme Court.
Article IV
Deals with state relations; includes Full Faith and Credit Clause and admission of new states.
Article V
Describes the constitutional amendment process.
Article VI
Contains the Supremacy Clause making the Constitution and federal law the supreme law of the land.
Article VII
Outlines procedure for ratifying the Constitution.
Enumerated Powers
Powers expressly granted to Congress in the Constitution.
Implied Powers
Authorities logically derived from the Necessary and Proper Clause to carry out enumerated powers.
Necessary and Proper Clause
Gives Congress flexibility to pass laws needed to execute its listed powers; basis of implied powers.
Reserved Powers
Powers not delegated to the federal government retained by states or the people (Tenth Amendment).
Tenth Amendment
Amendment reserving undelegated powers to the states or the people.
Amendment Process
Two-step procedure—proposal by two-thirds of Congress or convention, ratification by three-fourths of states.
Selective Incorporation
Application of Bill of Rights protections to states via the Fourteenth Amendment’s Due Process Clause.
Federalists
Supporters of Constitution’s ratification; favored strong central government.
Anti-Federalists
Opponents of ratification; demanded a Bill of Rights to safeguard liberties.
Supremacy Clause
Article VI statement that federal law overrides conflicting state laws.
Commerce Clause
Grants Congress power to regulate interstate and foreign trade.
Emoluments Clause
Prohibits federal officials from receiving gifts or titles from foreign governments without Congress’s consent.
Due Process Clause
Constitutional guarantee of fair legal procedures (Fifth and Fourteenth Amendments).
First Amendment Clauses
Free Exercise, Establishment, Speech, Press, Assembly, and Petition protections.
Declaration of Independence
1776 document asserting colonies’ freedom and outlining natural rights and popular sovereignty.
Articles of Confederation
First U.S. constitution creating a weak central government and strong state sovereignty.
Northwest Ordinances
1780s laws organizing Northwest Territory and banning slavery there.
Federalist Papers
Essays by Hamilton, Madison, and Jay advocating ratification of the U.S. Constitution.
Magna Carta
1215 English charter limiting the king’s power and affirming rule of law.
Mayflower Compact
1620 social contract for self-government among Plymouth colonists.
English Bill of Rights
1689 act expanding Parliament’s powers and individual liberties against the crown.
Common Sense
Thomas Paine’s 1776 pamphlet urging American independence.
Virginia Declaration of Rights
1776 statement of individual rights influencing the U.S. Bill of Rights.
Judicial Review
Supreme Court authority to declare laws unconstitutional, established in Marbury v. Madison (1803).
Implied Powers Doctrine
Principle, affirmed in McCulloch v. Maryland (1819), that Congress can take actions not expressly listed.
Separate but Equal Doctrine
Concept from Plessy v. Ferguson (1896) permitting racial segregation; overturned in 1954.
Brown v. Board of Education
1954 case declaring racial segregation in public schools unconstitutional.
Exclusionary Rule
Mapp v. Ohio (1961) principle barring illegally obtained evidence from trial.
Miranda Rights
Requirement from Miranda v. Arizona (1966) that police inform detainees of rights before interrogation.
Clear and Present Danger Test
Standard from Schenck v. U.S. (1919) allowing speech limits when it threatens security.
Executive Privilege
President’s right to keep certain communications confidential, limited by U.S. v. Nixon (1974).
One Person, One Vote
Representation principle fortified by Baker v. Carr (1962) and later cases against gerrymandering.
Symbolic Speech
Nonverbal expression protected by the First Amendment, e.g., flag burning (Texas v. Johnson, 1989).
Racial Gerrymandering
Redistricting that discriminates by race; ruled unconstitutional in Shaw v. Reno (1993).
Gun-Free School Zones Act
Federal law struck down in U.S. v. Lopez (1995) for exceeding Commerce Clause power.
Individual Right to Bear Arms
Second Amendment protection affirmed in District of Columbia v. Heller (2008).
Corporate Political Spending
Treated as protected speech by Citizens United v. FEC (2010).
Compromise of 1850
Package admitting California as a free state and enacting a strict Fugitive Slave Act.
Kansas-Nebraska Act
1854 law allowing popular sovereignty on slavery, leading to “Bleeding Kansas.”
Homestead Act
1862 statute granting settlers 160 acres for five years’ cultivation, spurring western expansion.
Pendleton Act
1883 law establishing merit-based civil service and ending the spoils system.
Civil Rights Act of 1964
Landmark law banning discrimination based on race, color, religion, sex, or national origin.
Alien and Sedition Acts
1798 laws enabling detention of aliens and punishing government criticism; criticized as free-speech violations.
USA PATRIOT Act
2001 law expanding government surveillance powers to combat terrorism.
Social Security Act
1935 New Deal law creating pensions and unemployment insurance.
Affordable Care Act (ACA)
2010 law expanding health insurance access and reforming healthcare markets.
Clean Air Act
1970 statute regulating air pollutants and setting national air quality standards.
Tonkin Gulf Resolution
1964 congressional authorization for broad U.S. military action in Vietnam.
Treaty of Paris (1898)
Agreement ending Spanish-American War; ceded Puerto Rico, Guam, and Philippines to U.S.
Louisiana Purchase
1803 acquisition doubling U.S. territory, bought from France under President Jefferson.
Adams-Onís Treaty
1821 agreement giving Florida to the U.S. and defining western boundary with Spain.
Suspension of Habeas Corpus
Temporary presidential halting of the right to court review of detention, e.g., Lincoln during Civil War.
Executive Order 9066
1942 directive authorizing Japanese-American internment during WWII.
Executive Order 9981
1948 order desegregating the U.S. military under President Truman.
Affirmative Action (EO 11246)
1965 Johnson order requiring federal contractors to ensure equal employment opportunities.
Bully Pulpit
President’s platform to shape public opinion and promote policy initiatives.
Presidential War Powers
Commander-in-Chief authority allowing presidents to direct military actions without formal war declarations.