FCLE EXAM

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St. Petersburg College *

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2041

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Political Science

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Oct 30, 2023

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Democracy - type of gov where power is derived from the people Constitutional Democracy – Constitution is the supreme law of the land. The Constitution describes who will make national laws, who will enforce them and who will interpret it. Popular Sovereignty- Ultimate power resides in the people. Consent of the Governed - Our gov derives its power from the people. Social Contract Theory - The belief that people are free and equal by natural right but will give up some freedom to give power to the government so that the government can protect their rights. Checks and Balances - system of government where each branch of government has the power to “check” the power of the other to make sure no one branch becomes too powerful. Separation of Powers –the division of government branches: each with separate independent power and responsibilities, so that the powers of one branch do not conflict with the others. Rule of law - Everyone must follow the laws, regardless of their position of power. Established by the Magna Carta in 1215. Due process of law - Fair treatment through the normal judicial system. Equality under the Law - equal treatment and equal protection without the guarantee of equal outcomes. Federalism – a political system in which power is divided between a central government and multiple constituent, provincial, or state governments.

Concurrent powers – powers that are held by both the federal and state governments. Equal Protection Clause Clause in the Fourteenth Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. Electoral College - The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President. Natural rights Rights people have by the virtue of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights Concurrent powers Powers shared by the state and federal government Ex: power to tax citizens, building roads Equal Protection Clause Clause in the Fourteenth Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. Preamble to the Constitution the opening section of the Const; brief introductory statement of the fundamental purposes & guiding principles that the Const is to serve 1: Legislative Branch (Congress) The branch that makes the laws. Other powers include; commerce, taxing, roads, defense, war, citizenship , etc. This is the branch the

founders gave the most powers to because it is made up of many representatives elected directly by the people. House of Representatives The lower house of the US Congress; number of representatives from each state is based on population and each representative is elected by a district in their state; members serve 2-year terms; revenue/taxing bills must originate in the House Speaker of the House of Representatives The leader of the majority party who serves as the presiding officer of the House of Representatives; second in line to the Presidency after VP Senate The upper house of the US Congress with 100 members-2 from each state; Senators serve 6-year terms and represent all of their state's citizens; power to approve treaties and judicial/executive appointments President pro tempore of the Senate Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President who is the President of the Senate; third in line to the Presidency after Speaker Bill - a statute in draft before it becomes law Impeachment - a formal document charging a public official with misconduct in office 2: Executive Branch - headed by the President and carries out the laws; also includes the Vice President and the Cabinet members President – Powers: head of the executive branch; enforces laws, signs/vetoes bills ; negotiates treaties; nominates Supreme Court justices; Commander in Chief of the armed forces Veto power - power to stop a bill from becoming a law by rejecting it

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3: Judicial Branch- the branch of government that interprets the law; includes the federal court system; Congress determines the guidelines to the Courts U.S. Supreme Court 9 justices nominated by President, confirmed by Senate ; highest court in the nation; hears only appeals; interprets Constitutional law Chief Justice- The justice who presides over the Supreme Court Judiciary Act of 1789- establishes three tier court system (District, Appeals, Supreme) Judiciary Act of 1869- establishes current number of nine justices Judicial Review- Marbury vs. Madison (1803)- Supreme Court decides if laws passed by Congress or President are constitutional 4: National Unity- establishes relationship between states and the US; procedure for admittance of new states; Full Faith and Credit Clause- states must recognize each other’s laws. 5: The Amendment Process - amending the US Constitution is a two- step process (Congress and State Legislatures) that requires a supermajority because the framers do not want amending to be an easy process. 6: National Supremacy – The Supremacy Clause makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws. 7: Ratification - ratification required approval by state legislatures, and the Bill of Rights was added to the Articles as the first ten amendments to protect individual freedoms from federal government interference, and to reserve powers to states not enumerated in the Constitution.

Enumerated or Expressed powers- powers to the branch(es) of government that are specifically stated in the Constitution (e.g. power to declare war in Article I) Implied Powers- powers to the branch(es) of government that aren’t stated in the Constitution (e.g. Elastic/Necessary and Proper Clause in Article I). Elastic Clause is cited in the Supreme Court landmark case McCulloch v. Maryland (1819) and expands the power of the Legislative branch (also called the Necessary & Proper clause Article 1, Section 8, clause 18) Establishment Clause- no entanglement with government and religion (wall of separation)- Engle v Vitale (1962) no prayer in public schools Free Exercise Clause- the freedom to practice any religion of your choice- W. Virginia v. Barnette (1943)- refrain from pledge of allegiance Free Speech – political speech is protected- Gitlow v NY (1925) Symbolic speech is protected- Texas v. Johnson (1989)- flag-burning is a protected form of expression Student speech protected- Tinker v. Des Moines (1969)- substantial disruption test; Hazelwood v. Kuhlmeier (1988)- schools have no obligation to protect speech Press- New York Times v Sullivan (1964)- freedom of press protected in defamation; New York Times v US (1971)- government cannot have prior restraint over press Amendment 1 freedom of speech, religion, press, assembly, and petition Amendment 2 The right to bear arms for self-defense – District of Columbia v. Heller (2008)

Amendment 3 Amendment that prohibits forced quartering of soldiers Amendment 4 Amendment that prohibits unreasonable search & seizures (probable cause= warrant= search); Mapp v Ohio (1961)- evidence obtained outside of warrant is inadmissible in court Amendment 5 Amendment that lists the rules for indictment by grand jury, and eminent domain. Protects the right to due process. Prohibits double jeopardy. Miranda v Arizona (1966)- Prohibits self- incrimination. Amendment 6 Protects the right to a fair and speedy trial. The right to be notified of accusations, confront the accuser, and obtain a witness for or against you. Gideon v Wainwright (1963)- right to counsel. Amendment 7 Amendment that provides the right to trial by jury in civil cases. Amendment 8 Amendment that prohibits cruel & unusual punishment. Amendment 9 People's rights are not limited to those in the Constitution. Amendment 10 Amendment that states some powers reserved to the states. Amendment 11 Amendment that states cases in which a state was sued without the consent from jurisdiction of federal government must be removed. Amendment 12 Amendment that states presidential electors have to vote for president and vice president separately. Amendment 13 No person under the jurisdiction can be a slave and Congress can pass legislation implementing the abolition of slavery. Amendment 14 Amendment that gives rights of citizens: 1) all persons born in the United States are granted citizenship , 2) no state can deny any

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person the equal protection of the laws , 3) no state can deny any person life, liberty, property without due process of law Amendment 15 Amendment that doesn't allow you to deny a vote because of race, color, previous condition of servitude. Amendment 16 Amendment that congress has the right to levy an income tax. Amendment 17 Amendment that gives the right to elect US senators by popular vote. Amendment 18 Congress has the right to prohibit the manufacture, sale and transportation of liquor. Amendment 19 Amendment that states all women have the right to vote. Amendment 20 Presidential Inauguration Day is Jan. 20 and Jan. 3 is the date for the new congress opening. If the president dies before swearing in, the Vice President elect becomes president. Amendment 21 Amendment that repeals the 18th Amendment; empowered Congress to regulate liquor industries. Amendment 22 Amendment that limits the President to two full terms in office. Amendment 23 Granted voters in the District of Columbia the right to vote for president and vice president. Amendment 24 Amendment that forbade requiring the payment of a poll tax to vote in a federal election. Amendment 25 Amendment that provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of the vice president.

Amendment 26 Amendment that guaranteed the right to vote to 18-year-old persons. Amendment 27 Amendment that banned Congress from increasing its members' salaries until the next election. Bill of Rights- the first ten amendments of the Constitution; Amendments 1 – 8 also referred to as civil liberties—protections of individual freedoms from government action; the Courts interpret any challenges of government action to civil liberties. Selective Incorporation- the process of nationalizing or applying the civil liberties across all states through Supreme Court rulings. The Bill of Rights was promoted by the Anti-Federalists with the intent to protect individual freedoms from the federal (central) government, and state action was not considered. Eminent Domain- RR v Chicago (1897) was the first incorporated amendment, and Heller (2008)/McDonald (2010) were the most recently incorporated liberties. Reserved powers - powers reserved for the states through the Tenth Amendment; examples: creating and maintaining an education system, creating local governments, policing powers Federalist Papers- written by Hamilton, Madison and Jay to persuade the states to ratify the Constitution and quell fears of the strong central government and promote the components of a democratic republic (representation, separation of powers, checks and balances). Anti-Federalist Papers- a series of essays written to counter and defeat the proposed U.S. Constitution; argued against a strong central government and pushed for more protection of the people's rights, along with a Bill of Rights.

Core Documents: Declaration of Independence (1776) a. The Influence of Enlightenment Ideas b. Intellectual Influences of Various Primary Documents c. Ideas and Principles that Shape the United States as a Constitutional Republic d. How Ideas and Principles Contributed to the Expansion of Civil Rights Over Time Declaration of Independence Written by Thomas Jefferson and adopted on July 4, 1776 establishing the 13 American colonies as independent states, free from rule by Great Britain. The preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness. The Constitution of Massachusetts (1780) Influenced the development of the United States as a Constitutional Republic. The 1780 Constitution of the Commonwealth of Massachusetts, drafted by John Adams, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789. The Articles of Confederation (1781) Adopted by the Second Continental Congress in 1781 during the Revolutionary War to create a national government. The new government was weak because states held most of the power, and Congress lacked the power to tax, regulate trade, or control the coining of money. It was later replaced with the U.S. Constitution The Northwest Ordinances (1784, 1785, 1787) A bill of rights protecting religious freedom, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights; in addition, the ordinance encouraged education and forbade slavery.

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Federalist Papers (i.e., No. 10, No. 14, No. 31, No. 39, No. 51) No. 10: James Madison wrote this essay to convince the people of New York to ratify the proposed federal U.S. Constitution. No. 14: The 14th Federalist Paper, written by James Madison, addressed the topics of identifying the form of government which the Union was trying to attain, the size of the Union, the separation of powers between the general government and the States, the traveling within the Union, and the benefits of the States at the borderline of the Union. No. 31: Defending the unlimited right of the national government to tax the people. No. 39: Federalist No . 39 : Written by James Madison, is an explanation the character of the new republican system of government created under the Constitution. No. 51: Addresses the means by which appropriate checks and balances can be created in government and advocates a separation of powers within the national government. U.S. Constitution "Supreme law of the land" Was written at a Constitutional Convention in Philadelphia in 1787. Constitutional Convention: meeting of state delegates in 1787 to revise the Articles of Confederation, which produced the new U.S. Constitution Great Compromise introduced by Roger Sherman; set up a bicameral Congress - upper house called Senate with each state getting 2 votes & a lower house called the House of Representatives with each state's representation based on its population--satisfied both the large and small states

3/5 Compromise compromise made when writing the Constitution to satisfy both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes Checks and Balances system of each branch of gov't having a power to check the power of the other to make sure no one branch becomes too powerful Bill of Rights (1791) First 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Anti-Federalist Papers (e.g., Brutus 1) Argued that man had more rights than established in the Constitution’s enumerated powers. Argued for the Bill of Rights. Opposed ratification of U.S. Constitution until these were adopted was the formative movement in opposition to the ratification of the United States Constitution. Magna Carta (1215) Issued in June 1215 the first document to put into writing the principle that the king and his government was not above the law Mayflower Compact 1620 - The first agreement for self-government in America. It was signed by the 41 men on the Mayflower and set up a government for the Plymouth colony (Pilgrims). a “civil body politic”

English Bill of Rights Document written by English Parliament in 1689, designed to prevent abuse of power by English monarchs; parts of the U.S. Bill of Rights have foundation in that document Common Sense (1776) by Thomas Paine pamphlet that advocated for the colonies declaring independence from Britain; supported the need for a democratic government where the people had representation Virginia Declaration of Rights (1776) The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government American Revolution War between Great Britain and its American colonies, by which the colonies won their independence Boston Tea Party Demonstration (1773) by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor; organized as a protest against taxes on tea. Intolerable Acts/Coercive Acts A series of acts passed by the gov in response to the Boston Tea Party. They caused outrage, colonists viewed the acts as a violation of their rights. Led to the First Continental Congress and the Revolutionary War. Civil Rights Movement movement in the U.S. beginning in the 1960s to establish civil rights Marbury v. Madison (1803) The United States Supreme court established Judicial Review, the power of the courts to declare a law unconstitutional.

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McCulloch v. Maryland (1819) The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's interpretation of proper clause paved the way for later rulings upholding expansive federal powers Korematsu v. United States (1944) – Emergency Power of the President, The Supreme Court upheld President Roosevelt’s executive order 9066, which resulted in the government’s forceful removal of 120,000 people of Japanese descent, 70,000 of them U.S. citizens, from their homes on the West Coast to internment camps in remote areas of western and midwestern states during World War II. United States v. Nixon (1974) –Executive Privilege of the President and Limits, The Supreme Court ruled that, while presidents do have a right under the separation of powers to claim executive privilege, the right is not absolute. In doing so the Court limited executive privilege. U.S. v. Lopez (1995) - The Supreme Court struck down an act of the U.S. Congress, the 1990 Gun-Free School Zones Act because it violated the Constitution. The court found that Congress was overreaching its powers granted under the commerce clause. Fourteenth Amendment Dred Scott v. Sandford (1857) - Supreme Court decision that stated that slaves were not citizens; and that living in a free state or territory, did not free slaves Plessy v. Ferguson (1896) Supreme Court decision that ruled separate but equal public accommodations for the races was not in violation of the 14 th Amendment and allowed for of Jim Crow laws. The dissent by Justice Harlan, would provide the foundation for Brown v. Board of Education.

Brown v. Board (1954) -The Supreme Court overruled Plessy v. Ferguson and declared that racially segregated schools are inherently unequal and violated the 14 th Amendment . The Supreme Court ordered all public schools desegregated. Baker v. Carr (1962) – Equal Protection The Supreme Court established the right of federal courts to review redistricting issues, which had previously been termed "political questions" outside the courts' jurisdiction. This decision was based upon the 14 th Amendment guarantee of Equal Protection under the law. Shaw v. Reno (1993) – Majority/Minority Districts The Supreme Court held that when a Congressional reapportionment plan is “so highly irregular that, on its face, it rationally cannot be understood as anything other than an effort to segregate voters on the basis of race" courts must view that plan under strict scrutiny. Bush v. Gore (2000) – Equal Protection The Supreme Court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because of inconsistent evaluation in violation of the 14 th Amendment guarantee of Equal Protection under the law. * Selective incorporation – many of the cases below extended the protection of the Bill of Rights to citizens and in doing so struck down State or local laws that were in violation of federal Constitutional Rights. First Amendment Engel v. Vitale (1962) – Religion - Establishment Clause* The Supreme Court held that the Establishment Clause of the First Amendment, prohibited prayer in public schools. The prayer created by the New York State Board of Regents violated the Constitutionally requirement of separation of church and state.

Wisconsin v. Yoder (1972) – Religion - Free Exercise* The Supreme Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. The Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," Schenck v. U.S. (1919) - Speech The Supreme Court created the “clear and present danger” standard, which explains when speech may be limited due to the consequences of that speech. West Virginia State Board of Education v. Barnette (1943) - Speech The Supreme Court overturned a state law requiring a flag salute as an unconstitutional infringement on First Amendment freedoms that embody free speech and thought . Tinker v. Des Moines (1968) - Speech The Supreme Court ruled that the First Amendment right to free speech applied to public schools, and those administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. Students have the right to symbolic speech at school as long as it is not disruptive, protected but he 1st amendment. Hazelwood v. Kuhlmeier (1988) - Speech The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. Texas v. Johnson (1989) Symbolic Speech* The Supreme Court struck down a Texas law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

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Citizens United v. FEC (2010) – Commercial Speech The Supreme Court held that corporations are citizens under the First Amendment and that laws which limit the “independent political spending” from corporations and other groups violates the First Amendment right to free speech. Second Amendment District of Columbia v. Heller (2008 * The Supreme Court struck down a law created by the District of Columbia, finding that that the Second Amendment protects an individual right to possess a firearm for traditionally lawful purposes, such as self-defense in the home. McDonald v. Chicago (2010) The Supreme Court found a state law unconstitutional and struck it down because if violated the Second Amendment right of individuals to possess a firearm. Fourth Amendment Mapp v. Ohio (1961) Search and Seizure Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state court or federal courts. This is known as the “Exclusionary Rule”. Miranda v. Arizona (1966) The Supreme Court ruled the 5th Amendment requires that individuals arrested for a crime must be advised of their rights, including the right to consult with an attorney and of the right against self-incrimination . Gideon v. Wainwright (1963) Assistance of Counsel The Supreme Court ruled that the Sixth Amendment requires that states must provide counsel in all felony criminal cases for defendants who are unable to afford their own attorneys.

Roe v. Wade (1973) (1973) The Supreme Court struck down a Texas law that prohibited abortions finding that the Due Process Clause of the Fourteenth Amendment is a fundamental, to the “right to privacy” which protects a pregnant woman’s choice whether to have an abortion.