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FCLE study guide

1. Foundations of American Democracy

  • Declaration of Independence (1776)

    • Authored primarily by Thomas Jefferson.

    • Articulated unalienable rights: "Life, Liberty, and the pursuit of Happiness."

    • Stated that government derives its just powers from the consent of the governed.

    • Declared the colonies' separation from Great Britain.

  • U.S. Constitution (1787)

    • Established the framework for the federal government.

    • Created three distinct branches: Legislative, Executive, and Judicial.

    • Outlined principles of popular sovereignty, limited government, separation of powers, checks and balances, and federalism.

    • Preamble: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

  • Federalist Papers

    • A series of essays written by James Madison, Alexander Hamilton, and John Jay.

    • Argued for the ratification of the U.S. Constitution, explaining its provisions and principles.

    • Federalist No. 10 (Madison): Discussed controlling the effects of factions.

    • Federalist No. 51 (Madison): Explained the system of checks and balances and separation of powers.

2. The Bill of Rights (First 10 Amendments)

  • 1st Amendment: Freedom of religion, speech, press, assembly, and petition.

  • 2nd Amendment: Right to keep and bear arms.

  • 3rd Amendment: No quartering of soldiers.

  • 4th Amendment: Protection against unreasonable searches and seizures.

  • 5th Amendment: Due process, double jeopardy, self-incrimination, eminent domain.

  • 6th Amendment: Right to a speedy and public trial, impartial jury, counsel.

  • 7th Amendment: Right to jury trial in civil cases.

  • 8th Amendment: No excessive bail or cruel and unusual punishment.

  • 9th Amendment: Rights not enumerated are retained by the people.

  • 10th Amendment: Powers not delegated to the federal government are reserved to the states or the people.

3. Branches of Government

  • Legislative Branch (Congress)

    • Article I of the Constitution.

    • Composed of the House of Representatives (435 members, based on population, 2-year terms) and the Senate (100 members, 2 per state, 6-year terms).

    • Powers: Make laws, declare war, approve treaties, raise revenue, regulate commerce.

  • Executive Branch (President, Vice President, Cabinet)

    • Article II of the Constitution.

    • Presidential Term: 4 years, limited to 2 terms by the 22nd Amendment.

    • Powers: Commander-in-chief, enforce laws, make treaties (with Senate approval), appoint officials, veto legislation.

  • Judicial Branch (Supreme Court and lower federal courts)

    • Article III of the Constitution.

    • Supreme Court: Nine justices, appointed for life (upon good behavior).

    • Key Concept: Judicial review (established by Marbury v. Madison, 1803) – the power to declare laws unconstitutional.

4. Key Amendments and Civil Rights

  • 13th Amendment (1865): Abolished slavery.

  • 14th Amendment (1868): Granted citizenship to all persons born or naturalized in the U.S.; guaranteed equal protection and due process under the law.

    • Equal Protection Clause: Basis for many civil rights movements.

  • 15th Amendment (1870): Granted African American men the right to vote.

  • 19th Amendment (1920): Granted women the right to vote.

  • 24th Amendment (1964): Abolished poll taxes.

  • 26th Amendment (1971): Lowered the voting age to 18 .

5. Landmark Supreme Court Cases

  • Marbury v. Madison (1803): Established judicial review.

  • McCulloch v. Maryland (1819): Affirmed the implied powers of Congress and supremacy of federal law.

  • Dred Scott v. Sandford (1857): Ruled that African Americans, enslaved or free, were not citizens and had no standing in court. (Overturned by 14th Amendment).

  • Plessy v. Ferguson (1896): Established "separate but equal" doctrine (legalized segregation). (Overturned by Brown v. Board of Education).

  • Brown v. Board of Education (1954): Declared state-sponsored segregation in public schools unconstitutional.

  • Miranda v. Arizona (1966): Ruled that suspects must be informed of their rights ("Miranda Rights").

  • Tinker v. Des Moines (1969): Upheld students' right to symbolic speech in schools ("students do not shed their constitutional rights at the schoolhouse gate").

  • Roe v. Wade (1973): Recognized a woman's constitutional right to an abortion (later overturned by Dobbs v. Jackson Women's Health Organization, 2022).

6. Citizenship and Participation

  • Ways to become a U.S. citizen: Birth (Jus Soli), Naturalization, Jus Sanguinis (right of blood).

  • Responsibilities of Citizenship: Serving on a jury, paying taxes, obeying laws, participating in elections, community service.

  • Civic Duties vs. Responsibilities: Duties are required by law (jury duty), responsibilities are voluntary (voting).