FCLE Study Guide

Key Words:

 Magna Carta (1215): The king and his government was not above the law. This
right was agreed to by King John of England. (It establishes a basis for individual
rights.)

 English Declaration of Rights (“English Bill of Rights”) (1689): an act that

establishes the right and liberties of the subject.

 Mayflower Compact: It is the first attempt by Europeans of self-government in

the colonies.

 Federalist Papers Written: To support ratification of the Constitution and explain

its commitment to limited government.

 Anti-Federalist: Refers to the opposed the creation of a strong U.S. federal

government and the ratification of the 1787 Constitution. (They were concerned
that such a government would be too powerful and threaten individual liberties
and states’ rights.)

 Federalist: A person who supports a system of government in which several

states unite under a central authority (a dual system of sovereignty where both
national and state governments have authority.)

 Direct democracy: A state that permits citizens to vote directly on laws and
policies.

 Political efficacy: An individual belief that ordinary citizens can affect what
government does.

 Popular sovereignty: The principle that authority of the government rests the
hands of people.
 Rule of law: Citizens are governed by laws; no one is above the law.

 Indirect democracy: Voters chose representatives from the state to represent the
in the U.S. Congress.

 Checks and Balances: A system that gives each branch of the U.S. government the
ability to respond to the actions of the other branches.

 Self-governance: is the ability of a person or group to exercise all necessary

functions of regulations without intervention from an external authority.

 22nd amendment: Limits the president to two terms.

 U.S. Bill of Rights (1791): consists of the first ten amendments to the Constitution
and focuses more explicitly on individual liberties.

 The first Amendment: Signing a petition in support or in opposition to pending

legislation.

 The Fourth Amendment: prevents “unreasonable searches and seizures,” and

requires authorities to show probable cause to obtain warrants to search
dwellings and seize property.

 The Fifth Amendment: “no persons shall be compelled in any criminal to testify
against themselves” that is, to submit to self-incrimination.

Landmark Cases:
 Marbury v. Madison (1803): Established the precedent that the Supreme Court
has the power of judicial review, meaning it can declare laws of Congress
unconstitutional.

 McCullough v. Maryland (1819): Established that the U.S. federal government has
powers beyond those explicitly stated in the Constitution, and that state laws
cannot override federal law.

 Brown v. Board of Education (1954) and District of Columbia v. Heller (2008):

Limited power held by the states.

 Roe v. Wade (1973): It rule that states could not put limits on abortion access in
the first trimester of pregnancy.

 Griswold v. Connecticut (1965): Established a right to privacy in the marital

bedroom.

 Mapp v. Ohio (1961): Ruled evidence of crime collected outside of the

parameters of the search cannot be used in court.

 Gideon v. Wainwright (1963): Required states to provide attorneys to criminal

defendants who cannot afford their own.

 Miranda v. Arizona (1966): Required state law enforcement to read suspects their
constitutional rights before custodial interrogation.

 Bush v. Gore (2000): Determined standardless manual recounts violate the Equal
Protection and Due Process Clauses of the Constitution.

 Engle v. Vitale (1962): Is a case that centered on the first amendment.

 Citizen’s United v. Federal Elections Commission (2010): centered on political
speech paid for by unions and corporations.

 New York Times Co. V. Sullivan (1964): A federal judge dismissed a libel lawsuit by
Sarah Palin because she could not prove actual malice on the part of the New
York times.

 Plessy v Ferguson (1896): Establishes the “separate but equal.”

 Brown v. Board of Education (1954): Overturned the “separate but equal.”

 Plessy v Ferguson (1896) & Brown v. Board of Education (1954): focused on the
fourteenth amendment.

 Engle v. Vitale (1962): limited state endorsed religious prayer in public schools.

 Eminent domain: The power of government to tale private property for public
use.

 Regents of the University of California v. Bakke 1978: Ruled that achieving “a

diverse student body” was a “compelling public purpose,”, but the method of a
rigid quota of admission slots assigned on the basis of race violated the
Fourteenth Amendment’s Equal protection clause.

 Hazelwood v. Kuhlmeier (1988): centered on the first amendment right of

freedom of the press.

 Tinker v. Des Moines (1969): Students did not lose their First Amendment rights
to freedom of speech when they stepped onto school property.
Questions
1. Which of the following ancient civilization established a republican form of
government? Roman.

2. During the 6th century B.C.E., the ancient Athenians divided the powers of their
government between two assemblies and guaranteed certain political rights to all
male citizens. How do these political reforms best illustrate how societies develop?
By limiting government authority.

3. Which modern democratic concept practiced in the United States is

most like the democratic process of ancient Greece? the
referendum.

4. What is the principal function of a written constitution? Outlining the

structure and powers of a government.

5. Which of the following objectives best describes the purpose of the

system of checks and balances, as defined in the U.S. Constitution?
Keeping any one of the three branches of government from
becoming too powerful.

6. Which modern process would be supported by the ancient Greeks?

Electing governors.

7. Which form of government is based on popular sovereignty?

Republic.

“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.”

 Source: National Archives and Records Administration

Which of the following statements best describes the Preamble of the

U.S. Constitution? Governments are accountable to the citizens over
whom they rule.
8. The U.S. Congress fulfilled which of the following purposes of
government when it declared war on Japan after the attack on Pearl
Harbor? providing for the common defense.

9. Which circumstance would require a search warrant? Examining the

contents of a hotel room.

10. In the United States, which of the following is permitted to

citizens by the right of freedom of assembly? The right to
demonstrate.

11. In the United States, how are conflicts between state laws and
federal laws generally resolved? The conflict must be resolved using
the Supremacy Clause.

12. Which article of the U.S. Constitution grants the power to coin
money, make treaties, and levy import duties? Article I

13. Use the scenario below to answer the question that follows.

 A suspect is accused of a crime in one state and flees to

another state where they are apprehended. The state is very
slow in returning the suspect to the state of origin and keeps
them imprisoned.

Which of the following represents a suitable petition for the suspect in

this situation, in regard to their constitutional rights? Petition for a writ
of habeas corpus.

14. Which phrase best describes the power of impeachment? The

ability of the U.S. House to charge federal officers with a crime or
violation.

15. Use the excerpt below, from the Declaration of Independence, to

answer the question that follows.

He has kept among us, in times of peace, Standing Armies without the
Consent of our legislatures.
  Source: National Archives and Records Administration

Which constitutional provision was inspired by the above complaint?

The Third Amendment limits the quartering of soldiers to specific
circumstances.
16. Use the passage below, which was included in the Declaration of
Sentiments adopted at the Seneca Falls Convention in 1848, to
answer the question that follows.
We hold these truths to be self-evident: that all men and women are
created equal; that they are endowed by their Creator with certain
inalienable rights; that among these are life, liberty, and the pursuit of
happiness.

 Source: Cady Stanton, E. (2006). Declaration of sentiments. In

M. Boezi (Ed.), Voices of the American people (Vol. 1, p. 173).
New York: Pearson Longman. From E. Cady Stanton, S. B.
Anthony, & M. J. Gage (Eds.) (1881), History of woman suffrage
(Vol. 1, pp. 67–94). Rochester, NY: Charles Mann. (Original
work published 1848)

Which of the following documents influenced the aims and strategies

of the authors of the Declaration of Sentiments? Declaration of
Independence.

17. Which political philosopher’s ideas are best represented in the

Declaration of Independence? John Locke.

18. Why did colonists living under British rule protest British tax
policies? The colonists claimed that the tax policies violated their
political rights.

19. In the Mayflower Compact, Plymouth settlers pledged to unite

into "a civil body politic" and agreed to make and abide by laws that
"insured the general Good of the Colony."
What founding document did this set a precedent for? U.S.
Constitution.

20. Which person is considered to be the principal author of the U.S.

Constitution? James Madison.
21. Government by the people and the separation of powers are the
main principles of which founding document? U.S. Constitution.

22. Use the excerpt below, from the Thirteenth Amendment, to

answer the question that follows.
“Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.”

 Source: National Archives and Records Administration

Which of the following contains a clause that may have served as an

inspiration for the above language? Northwest Ordinances.

23. The Mayflower Compact includes a pledge to ensure that all

citizens look out for the general good of the colony. Based on this,
what impact has the Mayflower Compact had on modern
understanding of the purpose of government in the United States?
The government should provide equal protection under the law.

24. At the Constitutional Convention, there was a major debate

between large states and small states about representation in the
new Congress. This debate was resolved by the Great Compromise.
What was the result of this compromise? Congress would have two
houses, one in which state representation was based on population
and one in which all states had equal representation.

25. Which of the following reflects the most important consequence

of the Watergate break-in? Resignation of the president of the
United States.

26. Which legislation reflects federal efforts to regulate

transportation? Interstate Commerce Act.

27. The U.S. Supreme Court enabled which government practices to

continue in its ruling in Plessy v. Ferguson? Segregating public
facilities.
28. Which of the following statements regarding the Monroe Doctrine
is accurate? The Monroe Doctrine prohibited future European
colonization in the Western Hemisphere.

29. By what process were eighteen-year-olds fully granted the right

to vote? Constitutional amendment.

30. In order to attract investment and business and reduce expenses,

a state legislature proposes passing a law that removes the need for
certain federal regulatory features relating to office and factory
environments.
Which legislative action would most likely cause the U.S. Supreme
Court to decide that this violated the Supremacy Clause?
Occupational Safety and Health Act.

31. Use the passage below, from a landmark Supreme Court case
opinion, to answer the question that follows.
“So if a law be in opposition to the constitution; if both the law and the
constitution apply to a particular case, so that the court must either
decide that case conformably to the law, disregarding the constitution;
or conformably to the constitution, disregarding the law; the court
must determine which of these conflicting rules governs the case.”

 Source: National Archives and Records Administration

Which Supreme Court case established the precedent described in the

opinion? Marbury v. Madison.

Which of the following cases resulted in a decision that undermined

civil rights and liberties in prioritization of national security? Korematsu
v. United States

32. A person is charged with felony breaking and entering. During the
court proceedings, the defendant requested an attorney and was
denied the right to counsel.
Which Supreme Court case overturned the trial court’s decision, due
to lack of counsel? Gideon v. Wainwright.
33. If both the President and Vice President of the United States are
unable to fulfill their duties? Speaker of the House of
Representatives.

34. Least the order from least to most power:

1. House of Representatives
2. Senate (Congress)
3. President of the United States (Executive Branch)
4. Supreme Court of the United States (Judicial Branch)