FCLE Competency Review 2023

Competency One: Principles of American Democracy

• Locke and Consent of the Governed/Social Contract:

  • Political authority legitimacy comes from the consent of the governed.

• Checks and Balances/Separation of Powers:

  • Montesquieu advocated for the separation of powers to prevent tyranny.

  • Three branches: Legislative, Executive, and Judicial, with distinct roles.

  • Each branch checks the others to prevent power concentration.

• Rule of Law:

  • Ensures government actions are bound by legal principles.

  • No one is above the law.

• Due Process:

  • Fair treatment in legal proceedings with guaranteed protections.

• Equality Under the Law:

  • Equal treatment and protection for all, regardless of differences.

• Limits on Government Power:

  • Restrictions protect individual rights and promote fairness.

• The Justice System:

  • Upholds due process with fair trials and legal representation.

• Popular Sovereignty:

  • Authority lies with the people; government serves with their consent.

• Natural Rights:

  • Inherent rights like life, liberty, and property.

• Federalism:

  • Power shared between national and state governments.

• Individual Liberty:

  • Safeguarding political and religious freedoms (First Amendment).

• Republicanism:

  • Citizens elect representatives; combines democracy and republican principles.

• Constitutionalism:

  • Government actions are limited by the Constitution.

• Majority Rule and Minority Rights:

  • Decisions based on majority preferences, protecting minority interests.

• Equal Protection:

  • Equal treatment under the law (Fourteenth Amendment).

• Bill of Rights:

  • First ten amendments guaranteeing civil rights and liberties.

• Elections:

  • Free, fair, and secure elections are essential for democracy.

• Articles of the United States Constitution:

  • Article I: Legislative Branch (Congress).

  • Article II: Executive Branch (President).

  • Article III: Judicial Branch (Federal Courts).

  • Article IV: Full Faith and Credit Clause, admittance of new states.

  • Article V: Amendment Process.

  • Article VI: Supremacy Clause.

  • Article VII: Ratification.

Competency Two: Constitutional Principles

• Expressed/Enumerated/Delegated Powers:

  • Powers explicitly listed in the Constitution.

• Implied Powers:

  • Derived from the Necessary and Proper Clause.

• Amendment Process:

  • Allows the Constitution to adapt.

  • Requires 2/3 approval in Congress or a constitutional convention.

• Bill of Rights and Later Amendments:

  • Protects individual rights and expands civil rights.

• Safeguarding and Limiting Rights:

  • Rights limited to protect public safety or national security.

• Reserved Powers (Tenth Amendment):

  • Powers not delegated to the federal government are reserved to states/people.

• Amendments Impact on Civic Participation:

  • Expanded voting rights (Fifteenth, Nineteenth, Twenty-Sixth Amendments).

• Constitutional Provisions Impacting Citizenship:

  • Fourteenth Amendment defines citizenship and protects civil rights.

• Factors Affecting Voter Turnout:

  • Accessibility, engagement, and public interest.

• Application of Amendments:

  • Initially applied federally, extended to states via selective incorporation.

• Federalists vs. Anti-Federalists:

  • Federalists: strong central government.

  • Anti-Federalists: feared infringement on individual liberties, demanded Bill of Rights.

• Significant Clauses of the Constitution:

  • Supremacy Clause: Federal law is supreme.

  • Full Faith and Credit Clause: States respect other states' acts.

  • Commerce Clause: Congress regulates interstate commerce.

  • Emoluments Clause: No foreign gifts for federal officials.

  • Due Process Clause: Fair legal process.

  • Equal Protection Clause: Equal treatment under law.

  • Necessary and Proper Clause: Congress enacts necessary laws.

  • First Amendment Clauses: Protect freedoms of religion, speech, press, assembly, and petition.

Competency Three: Founding Documents and Principles

• Declaration of Independence (1776):

  • Influence of Enlightenment thinkers (Locke).

  • Principles: individual liberty, equality, popular sovereignty.

• Constitution of Massachusetts (1780):

  • Model for U.S. Constitution, included separation of powers and bill of rights.

• Articles of Confederation (1781):

  • Weaknesses led to the Constitutional Convention.

• Northwest Ordinances (1784, 1785, 1787):

  • Ensured orderly expansion of territories.

• Federalist Papers:

  • Explained benefits of a constitutional republic.

• United States Constitution (1787):

  • Incorporated Enlightenment principles; embodies popular sovereignty, federalism.

• Bill of Rights (1791):

  • Safeguards citizens' rights; reassured Anti-Federalists on individual liberties.

• Magna Carta (1215):

  • Established that the king's power was not absolute.

• Mayflower Compact (1620):

  • Desire for self-government.

• English Bill of Rights (1689):

  • Rights of Parliament, fair trials.

• Common Sense (1776):

  • Advocated American independence.

• Virginia Declaration of Rights (1776):

  • Model for the Bill of Rights.

• Anti-Federalist Papers:

  • Voiced concerns about central government.

Landmark Supreme Court Cases

• Marbury v. Madison (1803):

  • Established judicial review.

• McCulloch v. Maryland (1819):

  • Affirmed implied powers.

• Dred Scott v. Sandford (1857):

  • Denied citizenship to African Americans.

• Plessy v. Ferguson (1896):

  • Established "separate but equal" doctrine.

• Schenck v. U.S. (1919):

  • Limited free speech during war.

• Korematsu v. United States (1944):

  • Upheld Japanese-American internment.

• Brown v. Board (1954):

  • Overturned Plessy v. Ferguson, desegregated schools.

• Mapp v. Ohio (1961):

  • Established the exclusionary rule.

• Baker v. Carr (1962):

  • Federal courts could intervene in gerrymandering cases.

• Engel v. Vitale (1962):

  • No government-sponsored prayer in schools.

• Gideon v. Wainwright (1963):

  • Right to counsel for criminal defendants.

• Miranda v. Arizona (1966):

  • Miranda rights.

• Tinker v. Des Moines (1969):

  • Students' First Amendment rights.

• New York Times v. United States (1971):

  • Freedom of the press.

• Wisconsin v. Yoder (1972):

  • Amish allowed to leave school after 8th grade.

• Roe v. Wade (1973):

  • Right to abortion.

• United States v. Nixon (1974):

  • Limited executive privilege.

• Regents of the University of California v. Bakke (1978):

  • Affirmative action is constitutional but no racial quotas.

• Hazelwood v. Kuhlmeier (1988):

  • School officials can censor student speech.

• Texas v. Johnson (1989):

  • Flag burning is protected speech.

• Shaw v. Reno (1993):

  • Racial gerrymandering is unconstitutional.

• U.S. v. Lopez (1995):

  • Limited Congress's power under the Commerce Clause.

• Bush v. Gore (2000):

  • Ended Florida recount.

• District of Columbia v. Heller (2008):

  • Individual right to bear arms.

• McDonald v. Chicago (2010):

  • Extended right to bear arms to states.

• Citizens United v. FEC (2010):

  • Corporations and unions can spend freely in elections.

Landmark Legislation

• Compromise of 1850:

  • Admitted California as a free state, Fugitive Slave Act.

• Kansas-Nebraska Act of 1854:

  • Popular sovereignty in Kansas and Nebraska.

• Homestead Act of 1862:

  • Granted land to settlers.

• Pendleton Act of 1883:

  • Merit-based civil service system.

• Civil Rights Acts:

  • Protected civil rights for marginalized groups.

• Alien and Sedition Acts of 1798:

  • Allowed deportation and criminalized government criticism.

• USA PATRIOT Act of 2001:

  • Expanded government surveillance powers.

• Great Society Acts:

  • Expanded social welfare programs.

• New Deal Acts:

  • Stimulated economy, created jobs.

• Patient Protection and Affordable Care Act of 2010:

  • Expanded access to healthcare.

• Clean Air Act of 1970:

  • Controlled air pollution.

• Tonkin Gulf Resolution of 1964:

  • Authorized military force in Vietnam.

Landmark Executive Actions

• Treaty of Paris of 1898:

  • Ended Spanish-American War.

• Louisiana Purchase of 1803:

  • Doubled U.S. size.

• Adams-Onis Treaty of 1821:

  • Acquired Florida.

• Suspensions of Habeas Corpus:

  • Detain individuals without trial.

• Japanese-American Internment:

  • Executive Order 9066.

• Enforcement of Civil-Rights Supreme Court Decisions:

  • Eisenhower sent troops to enforce desegregation.

• Military Desegregation:

  • Executive Order 9981.

• Affirmative Action:

  • Executive Order 11246.

• Presidential "Bully Pulpit":

  • Advocate for policies.

• Presidential War Powers:

  • Commander-in-Chief powers.