FCLE EXAM

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School

St. Petersburg College *

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2041

Subject

Political Science

Date

Oct 30, 2023

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docx

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Uploaded by AdmiralStorkMaster819

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

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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