FCLE Competency Review 2023 Flashcards

Flashcards covering key concepts from FCLE Competency Review 2023, including government principles, landmark Supreme Court cases, legislation, and executive actions.

According to John Locke, what is the basis of government legitimacy?

Individuals enter into a social contract to form a government, and political authority derives from the consent of the governed.

What is the key feature of Montesquieu's idea of separation of powers?

Three branches of government with distinct roles to prevent tyranny and ensure accountability.

What does the Rule of Law ensure?

Government actions are bound by legal principles, ensuring no one is above the law.

What is Due Process?

Fair treatment of individuals in legal proceedings with legal procedures and protections.

What is Equality Under the Law?

That all individuals are entitled to the same treatment and protection, regardless of differences.

What does popular sovereignty assert?

Government exists to serve the people and govern based on their consent.

What are some natural rights the Founders believed in?

Life, liberty, and property.

What is Federalism?

A system where power is shared between the national and state governments.

What was the Founders' belief regarding individual liberty?

Safeguarding individual liberties, including political and religious freedoms.

What is a Republican form of government?

Citizens elect representatives to make decisions on their behalf.

What is the difference between Republican and Democratic forms of government?

Involves elected representation, while democratic government directly involves the people in decision-making.

How does the United States function as a constitutional republic?

Elected representatives govern according to the Constitution's framework.

What does Constitutionalism mean?

Government actions are limited by the Constitution.

What does Majority Rule mean?

Decisions are made based on the majority's preferences.

What do Minority Rights do?

Protects the interests of individuals and groups from potential oppression by the majority.

What does Equal Protection Under the Law ensure?

Ensures that all individuals are treated equally by the government.

What does the Bill of Rights guarantee?

Essential civil rights and liberties.

Why may rights and liberties be limited?

To protect public safety, national security, or to balance conflicting interests.

What do elections at the state and federal levels involve?

Voting, campaigning, and the electoral process.

What does Article I of the Constitution establish?

Establishes the bicameral Congress, outlining powers, responsibilities, and limitations.

What does Article II of the Constitution establish?

Establishes the President’s office, outlining powers and responsibilities.

What does Article III of the Constitution establish?

Establishes the federal judiciary, outlining jurisdiction and powers.

What does Article IV entail?

Requires states to recognize and respect the public acts, records, and judicial proceedings of other states; outlines the process for admitting new states.

What does amending the Constitution require?

Approval by two-thirds of both houses of Congress or by a constitutional convention called by two-thirds of the state legislatures.

What does the Supremacy Clause establish?

The Constitution, federal laws, and treaties are the supreme law of the land.

What does Article VII describe as related to the ratification process?

Requiring approval of nine out of thirteen states.

What are expressed/enumerated/delegated powers?

Explicitly listed in the Constitution.

What are implied powers?

Derived from the necessary and proper (elastic) clause.

What does the amendment process allow?

Allows the Constitution to adapt to changing times through a rigorous process.

What does the Bill of Rights protect?

Protects essential individual rights, such as freedom of speech and religion.

Why may specific rights be limited?

To protect public safety or national security.

What does the Tenth Amendment do?

Reserves powers not delegated to the federal government to the states or the people.

What contributes to voter turnout?

Factors such as voting accessibility, political engagement, and public interest.

What did the Federalists support?

Supported ratification, arguing for a stronger central government.

What did the Anti-Federalists fear?

Opposed ratification, fearing an overly powerful government.

What did the Anti-Federalists demand?

Demanded a Bill of Rights to protect individual freedoms.

What does the Supremacy Clause do?

Establishes federal law as the highest authority.

What does the Full Faith and Credit Clause do?

Requires states to recognize and respect the public acts and legal decisions of other states.

What does the Commerce Clause do?

Grants Congress the power to regulate interstate and international commerce.

What does the Emoluments Clause do?

Prohibits federal officials from accepting gifts or emoluments from foreign governments.

What does the Due Process Clause ensure?

Ensures individuals have a fair and impartial legal process.

What does the Equal Protection Clause guarantee?

Guarantees equal treatment under the law for all individuals.

What does the Necessary and Proper/Elastic Clause allow?

Allows Congress to enact laws necessary to execute its enumerated powers.

What do the First Amendment Clauses protect?

Protect freedom of religion, speech, press, assembly, and petition.

Whose ideas influenced the Declaration of Independence?

Enlightenment thinkers like John Locke, who emphasized natural rights and the consent of the governed.

What ideas and principles shape the United States as a Constitutional Republic (Declaration of Independence)?

The principles of individual liberty, equality, and popular sovereignty.

How did the ideas and principles contribute to the expansion of civil rights over time?

The abolition of slavery, women’s suffrage, and the civil rights movement.

What provisions did the Constitution of Massachusetts include?

Provisions for the separation of powers and a bill of rights.

What ideas influenced the Articles of Confederation?

States’ sovereignty and fear of centralized power.

What were the strengths of the Articles of Confederation?

Organizing the states during the Revolutionary War.

What principles influenced the Northwest Ordinances?

Ensuring the orderly expansion of the nation’s territories.

What did the Federalist Papers explain?

The principles and benefits of the proposed U.S. Constitution.

What was the aim of the Federalist Papers?

To counter Anti-Federalist arguments and persuade the public to ratify the Constitution.

What Enlightenment principles did the Constitution incorporate?

Limited government and the protection of individual rights.

From what sources did the Bill of Rights draw inspiration?

Various sources, including state declarations of rights and Enlightenment principles.

What was the importance of the Magna Carta?

Marked a pivotal moment in history, as it established the principle that the king’s power was not absolute and that even the monarchy was subject to the law.

What ideas influenced the Mayflower Compact?

The ideas of social contract theory.

What documents influenced the English Bill of Rights?

Documents such as the Magna Carta and the Petition of Right (1628).

What influenced Common Sense by Thomas Paine?

Enlightenment thinkers like John Locke and the ideas of natural rights and the social contract.

What influenced the Virginia Declaration of Rights?

The English Bill of Rights and Enlightenment thinkers like John Locke and Montesquieu.

What arguments were made in the Anti-Federalist Papers?

Arguments against the ratification of the U.S. Constitution.

What principle did Marbury v. Madison establish?

The principle of judicial review.

What did McCulloch v. Maryland uphold?

The constitutionality of the establishment of a national bank and affirmed the principle of implied powers.

What did the ruling in Dred Scott v. Sandford entail?

Denied citizenship to African Americans and stated that Congress could not prohibit slavery in the territories.

What doctrine did Plessy v. Ferguson establish?

Established the "separate but equal" doctrine.

What did the Court rule in Schenck v. U.S. (1919)?

Free speech could be limited when it presents a "clear and present danger."

What did Korematsu v. United States uphold?

The constitutionality of the forced relocation and internment of Japanese Americans during World War II.

What did Brown v. Board (1954) declare?

Declared racial segregation in public schools unconstitutional.

What did Mapp v. Ohio establish?

Established the exclusionary rule.

What did the Court rule in Baker v. Carr (1962)?

Federal courts could intervene in cases involving alleged gerrymandering.

What did the Supreme Court hold in Engel v. Vitale (1962)?

Prayer sponsored by the government in public schools violated the First Amendment’s establishment clause.

What did the Court establish in Gideon v. Wainwright (1963)?

The Sixth Amendment guarantees the right to counsel for criminal defendants in state courts.

What did the Court rule in Miranda v. Arizona (1966)?

Individuals in police custody must be informed of their rights before being interrogated.

What did Tinker v. Des Moines (1969) affirm?

Students’ First Amendment rights are protected in public schools.

What did the Court rule in favor of in New York Times v. United States (1971)?

asserting the right of newspapers to publish classified information (Pentagon Papers) without prior restraint from the government.

What was held in Wisconsin v. Yoder (1972)?

The state’s interest in compulsory education did not outweigh the Amish parents’ First Amendment right to freedom of religion.

What did Roe v. Wade (1973) recognize?

A woman’s constitutional right to have an abortion.

What was the ruling against President Richard Nixon in United States v. Nixon (1974)?

Executive privilege did not allow him to withhold evidence during the Watergate investigation.

What did the Court rule regarding affirmative action programs in Regents of the University of California v. Bakke (1978)?

Affirmative action programs in college admissions were constitutional but could not use racial quotas.

What did the Court hold in Hazelwood v. Kuhlmeier (1988)?

School officials could censor student speech in school-sponsored activities like student newspapers.

What did the Court rule in Texas v. Johnson (1989)?

Flag burning as a form of protest is protected by the First Amendment as expressive speech.

What did the Court hold in Shaw v. Reno (1993)?

Racial gerrymandering was unconstitutional.

Why did the Court strike down a federal law in U.S. v. Lopez (1995)?

Exceeded Congress’s power under the Commerce Clause.

What was the effect of the Courts ruling in Bush v. Gore (2000)?

Effectively ended the Florida recount in the 2000 presidential election.

What did the Court hold in District of Columbia v. Heller (2008)?

The Second Amendment protects an individual’s right to possess firearms for self-defense within the home.

What was the impact of McDonald v. Chicago (2010)?

Extended the individual right to bear arms to state and local governments.

What did the Court rule in Citizens United v. FEC (2010)?

Political spending by corporations and unions is protected as free speech under the First Amendment.

What did the Compromise of 1850 do?

Admitted California as a free state, created a more stringent Fugitive Slave Act, and allowed popular sovereignty in the territories

What did the Kansas-Nebraska Act of 1854 do?

Repealed the Missouri Compromise’s prohibition of slavery and allowed popular sovereignty to determine slavery’s status.

What did the Homestead Act of 1862 do?

Granted 160 acres of public land to settlers who agreed to develop and cultivate it.

What did the Pendleton Act of 1883 establish?

Established a merit-based civil service system.

What did the various Civil Rights Acts between the 19th and 21st Centuries aim to do?

Aimed to protect and expand civil rights for marginalized groups.

What did the Alien and Sedition Acts of 1798 allow the government to do?

Allowed the government to detain or deport non-citizens and criminalize criticism of the government.

What did the USA PATRIOT Act of 2001 do?

Expanded the government’s surveillance powers to counter terrorism.

What did the Great Society initiatives of the 1960s under President Lyndon B. Johnson aim to do?

Aimed to eliminate poverty and racial injustice.

What did the New Deal programs of President Franklin D. Roosevelt’s administration seek to do?

Sought to stimulate the economy, create jobs, and regulate financial institutions during the Great Depression.

What did the Patient Protection and Affordable Care Act of 2010 (ACA) do?

Expanded access to healthcare by requiring individuals to have insurance coverage.

What did the Clean Air Act of 1970 seek to do?

Sought to control air pollution.

What did the Tonkin Gulf Resolution of 1964 grant President Lyndon B. Johnson?

Granted President Lyndon B. Johnson the authority to use military force in Vietnam.

What did the Treaty of Paris of 1898 do?

Ended the Spanish-American War and ceded several territories to the United States.