FCLE Flashcards
Pass the exam. Or else. (88 cards)
1
Q
1st Amendment
A
Basic Freedoms: Protects freedom of religion, speech, the press, assembly, and the right to petition the government.
2
Q
2nd Amendment
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Right to Bear Arms: Citizens have the right to own and carry weapons.
3
Q
3rd Amendment
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Quartering of Soldiers: You cannot be forced to house soldiers in your home during a time of peace.
4
Q
4th Amendment
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Search & Seizure: The government needs a warrant or a probable cause (good reason) to search or take your property.
5
Q
5th Amendment
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Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings: Protects against being tried twice for the same crime (double jeopardy), self-incrimination, and loss of life, liberty, or property without due process. Also ensures fair compensation if the government takes private property.
6
Q
6th Amendment
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Right to Speedy Trial by Jury, Witnesses, Counsel: Guarantees a speedy, public trial with an impartial jury, the right to know charges, to confront witnesses, to call your own witnesses, and to have a lawyer.
7
Q
7th Amendment
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Jury Trial in Civil Lawsuits: Provides the right to a jury trial in lawsuits over $20.
8
Q
8th Amendment
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Excessive Fines, Cruel & Unusual Punishment: Forbids excessive bail, excessive fines, and cruel or unusual punishment
9
Q
9th Amendment
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Non-Enumerated (Unlisted) Rights Retained by People: Just because a right isn’t listed in the Constitution doesn’t mean people don’t have it.
10
Q
10th Amendment
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Rights Reserved to the States or People: Any powers not given to the federal government belong to the states or the people
11
Q
11th Amendment
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Suits Against States: A person cannot sue a state in federal court if they are from another state or country.
12
Q
12th Amendment
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Election of President and Vice President: Changed the way the President and Vice President are elected, requiring separate votes for each. Requires electors to cast one vote for President and a separate vote for Vice President, rather than the runner-up becoming Vice President.
13
Q
13th Amendment
A
Abolition of Slavery: Slavery and forced labor are illegal, except as punishment for a crime.
14
Q
14th Amendment
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Citizenship Rights, Equal Protection, Apportionment, Civil War Debt: Gives citizenship to anyone born or naturalized in the U.S. and guarantees equal protection under the law.
15
Q
15th Amendment
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Right to Vote Not Denied by Race: The right to vote cannot be denied because of race, color, or past slavery.
16
Q
16th Amendment
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Income Tax: Gives Congress the power to collect income taxes
17
Q
17th Amendment
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Popular Election of Senators: Senators are elected directly by the people instead of by state legislatures.
18
Q
18th Amendmen
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Prohibition of Liquor: Made it illegal to make, sell, or transport alcohol in the U.S.
19
Q
19th Amendment
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Women’s Right to Vote: Gives women the right to vote.
20
Q
20th Amendment
A
Presidential Term and Succession, Assembly of Congress: Moved the start of the President’s term to January 20 and Congress’s to January 3. Shortens the “lame duck” period.
21
Q
21st Amendment
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Repeal of Prohibition: Repeals the 18th Amendment, making alcohol legal again.
22
Q
22nd Amendment
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Two-Term Limit of Presidency: Limits the President to two elected terms or a maximum of 10 years.
23
Q
23rd Amendment
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Presidential Vote for D.C.: Gives residents of Washington, D.C. the right to vote for President and Vice President (3 electoral votes).
24
Q
24th Amendment
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Abolition of Poll Taxes: Prohibits charging people money (a poll tax) to vote in federal elections.
25
25th Amendment
Presidential Disability and Succession: Explains what happens if the President dies, resigns, is removed, or becomes disabled. Allows the VP to become Acting President if needed.
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26th Amendment
Right to Vote at Age 18: Citizens 18 and older cannot be denied the right to vote because of age.
27
27th Amendment
Congressional Compensation: If Congress votes to raise its own pay, it cannot take effect until after the next election.
28
Article I
Legislative Branch- Section 1: Congress - All law-making powers belong to Congress, which is made up of the Senate and the House of Representatives.
29
Article II
Executive Branch- Section 1: The Presidency - The President holds executive power and serves a 4-year term, elected with the Vice President, Each state chooses a number of electors equal to its Senators and Representatives. Electors vote for President and Vice President. Their votes are sent to the Senate, where they are officially counted. The candidate with the majority of electoral votes becomes President. If no one gets a majority, the House picks the President. To be President, one must be a natural-born citizen, 35 years old, and have lived in the U.S. for 14 years. Before starting, the President must take an oath to faithfully carry out the job and protect the Constitution. Section 2: Presidential Powers - The President is Commander in Chief of the military and state militias. He can ask for written advice from executive officials, grant pardons and reprieves for federal crimes (except in impeachment cases), and can fill temporary vacancies during Senate recesses. With Senate approval, he can make treaties (needs ⅔ approval) and appoint ambassadors, federal judges, and other high officials. Section 3: Duties of the President - The President must give Congress updates on the State of the Union. He can suggest laws and call Congress into special sessions if needed. If the House and Senate can’t agree on when to adjourn, the President can decide. He welcomes foreign leaders and ensures that laws are properly carried out. He gives official commissions to federal officers. Section 4: Removal from Office - The President, Vice President and other federal officials can be removed from office if impeached and convicted of treason, bribery, or other high crimes and misdemeanors.
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Article III
Judicial Branch- Section 1: Establishing the Courts - The Supreme Court is the highest court in the United States. Congress can create lower courts as needed. Judges in these courts keep their jobs for life. They will be paid, and their pay cannot be reduced while they’re in office. Section 2: Powers of the Courts - Federal courts handle cases involving: The Constitution, U.S. laws, and treaties, Ambassadors and public officials, The sea (maritime issues), The U.S. government as a party in a case, Disputes between states or between citizens of different states, Disputes involving foreign countries or citizens. The Supreme Court hears some cases first (original jurisdiction), like those involving ambassadors or states. In all other cases, it hears appeals from lower courts (appellate jurisdiction). Criminal trials must have a jury, except in impeachment cases. Trials must happen in the state where the crime occurred. If outside any state, Congress decides the location. Section 3: Treason - Treason is defined as waging war against the U.S. or helping its enemies by giving aid or comfort. A person can only be convicted of treason if two witnesses saw the act or the person confesses in court. Congress decides the punishment for treason. The punishment cannot harm the family or take their property beyond the life of the person convicted.
31
Article IV
States, Citizenship, & New States- Section 1: Respect Between States - Each state must honor the laws, records, and court decisions of every other state. Congress can make rules about how these records are recognized and their legal effects. Section 2: Rights and Extradition - Citizens of one state have the same rights as citizens in other states. If someone is accused of a crime and flees to another state, they must be returned to the state where the crime happened. Section 3: New States and Territories - Congress can admit new states to the U.S. A new state can’t be made by joining or splitting states without approval from Congress and the states involved. Congress manages U.S. territories and property, and nothing in the Constitution changes state or federal property claims. Section 4: Federal Protection - The U.S. guarantees each state a republican government (run by elected leaders). The federal government will protect states from invasions and if asked, help stop violence or rebellion within a state.
32
Article V
The Amendment Process- The Constitution can be changed (amended), but there’s a process: Step 1: Proposing an Amendment - Congress can propose a change if two-thirds of both the House of Representatives and the Senate agree. Or, if two-thirds of state legislatures (34 out of 50 states) ask for it, Congress must hold a special convention to propose changes. Step 2: Ratifying (Approving) the Amendment - After it’s proposed, the amendment must be approved by three-fourths of the states (38 out of 50), either: By their state legislatures, or By state conventions (special gatherings of representatives), depending on what Congress decides. Important Limits: Changes before 1808 couldn’t touch certain parts of the Constitution related to slavery and taxes (this is now outdated). Also, every state must keep its equal vote in the Senate (2 Senators per state) unless that state agrees to give it up.
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Article VI
Debts, Supremacy, Oaths, Religious Tests- Old Debts still count: Any debts or promises made before the Constitution was adopted are still valid under the new government. The Constitution is the highest law: The Constitution, U.S. laws, and treaties are the supreme law of the land. Judges in every state must follow them, even if state laws or constitutions say otherwise. Officials must support the Constitution: All federal and state leaders – lawmakers, judges, and government workers – must promise to support the Constitution with an oath. However, no one can be kept out of office because of their religion.
34
Article VII
Ratification- Once 9 of the 13 states held conventions and ratified (approved) the Constitution, it would become the official law of the land – but only for those nine states that approved it.
35
Marbury v. Madison (1803)
William Marbury sued to get his judicial appointment, which the new administration (Jefferson/Madison) refused to deliver. Gave the Supreme Court the power to declare laws unconstitutional (judicial review).
36
McCulloch v. Maryland (1819)
Maryland tried to tax the federal bank, and the bank's cashier (McCulloch) refused to pay—raising questions about federal vs. state powers. Granted Congress powers to establish a national bank. Confirmed implied powers of Congress; states can't tax federal institutions.
37
Gibbons v. Ogden (1824)
Two steamboat operators had conflicting licenses—one state-issued, one federal—leading to a clash over who controlled interstate commerce. When a federal and state law are in conflict, the federal law is supreme. Strengthened federal power over interstate commerce.
38
Charles River Bridge v. Warren Bridge (1837)
A private company claimed a new bridge charter harmed its profits; the Court had to decide if public progress outweighed private contracts. The Supreme Court ruled that a charter granted by a State to a company cannot work to the disadvantage of the public. Private companies cannot injure the public welfare or prosperity of the community.
39
Dred Scott v. Sanford (1857)
A slave, Dred Scott, sued for freedom after living in free territory; the case questioned citizenship and slavery's legal limits. Denied citizenship to African Americans; ruled slaves as property.
40
Munn v. Illinois (1877)
A grain warehouse challenged Illinois’ regulations on rates; the Court decided whether states could regulate private business for the public good. Established that states may regulate privately owned businesses in the public’s interest/set max rates
41
Plessy v. Ferguson (1896)
Homer Plessy, who was part Black, challenged segregation on trains in Louisiana, claiming it violated equal protection. Established that Jim Crow laws of racial segregation are constitutional under the doctrine “separate but equal”
42
Lochner v. New York (1905)
A baker challenged a state law limiting work hours, claiming it violated the right to freely make work contracts. Declared unconstitutional a New York act limiting the working hours of bakers due to a denial of 14th amendment rights. The 14th Amendment bars a state from interfering with an employee’s right to contract with an employer.
43
Schenck v. United States (1919)
Charles Schenck was arrested for distributing anti-draft pamphlets during WWI, raising questions about free speech during wartime. Free speech is limited during wartime if it causes danger (clear and present danger test). Speech may be punished if it creates a clear and present danger test of illegal acts. Handing out anti-war literature in time of war.
44
Near v. Minnesota (1931)
A newspaper was shut down for criticizing officials; the publisher challenged it as censorship. Protected the freedom of press at a state level. Banned prior restraints on the press by states.
45
West Coast Hotel v. Parrish (1937)
A hotel maid sued for minimum wage under state law, challenging earlier cases that blocked wage laws. Allowed minimum wage laws; shifted toward protecting workers’ rights. Upheld a minimum wage law for women on the ground that a business is a social institution - ended the Lochner era.
46
Brown v. Board of Education (1954)
Black families challenged school segregation, arguing it harmed their children and violated equal protection. The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. The end of “separate but equal”.
47
Mapp v. Ohio (1961)
Police searched Dollree Mapp’s home without a warrant and found illegal material; she argued the evidence was invalid. Illegally obtained evidence cannot be used in court.
48
Baker v. Carr (1962)
Tennessee hadn’t redrawn legislative districts in decades, leading to unequal representation; a voter sued for fairness. “One man, one vote.” Ordered state legislative districts to be as near equal as possible in population.
49
Engel v. Vitale (1962)
Parents sued after a New York school required students to recite a state-written prayer. Banned school-sponsored prayer; upheld separation of church and state.
50
Gideon v. Wainwright (1963)
Clarence Gideon was denied a lawyer for his defense because he couldn't afford one; he argued this violated his rights. Defendants in criminal cases have an absolute right to counsel. Guaranteed right to a lawyer for all felony defendants in state courts.
51
New York Times v. Sullivan (1964)
A public official sued the NY Times for libel over civil rights coverage; the case tested press freedom and criticism of officials. Protected press against libel suits by public figures without proof of actual malice.
52
Griswold v. Connecticut (1965)
A Planned Parenthood director was arrested for giving birth control advice, challenging a state ban on contraception. Established that there is an implied right to privacy in matters of contraception between married people.
53
Miranda v. Arizona (1966)
Ernesto Miranda confessed to a crime without being told his rights; the case questioned police procedures. The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent (Miranda rights).
54
Tinker v. Des Moines (1969)
Students were suspended for wearing black armbands to protest the Vietnam War; they sued for free speech. Guaranteed a student’s right to protest (wearing armbands).
55
San Antonio Independent School District v. Rodriguez (1973)
Poor families argued that school funding based on property taxes was unfair and unconstitutional. The Constitution does not guarantee a fundamental right to education. Boundaries on government's actions.
56
Roe v. Wade (1973)
"Jane Roe" sued to challenge a Texas law banning abortion, claiming it violated privacy rights. Abortion rights fall within the privacy implied in the 14th Amendment. States can restrict the right to choose only later in the pregnancy.
57
United States v. Nixon (1974)
During Watergate, Nixon refused to release tapes, claiming executive privilege; the Court had to decide on limits of presidential power. Limited the scope of a President’s use of executive privilege. No one is above the law.
58
Texas v. Johnson (1989)
Gregory Johnson was arrested for burning the flag during a protest; he challenged the arrest as violating free speech. Flag-burning is symbolic speech with a political purpose and is protected by the 1st Amendment.
59
Cruzan v. Director, Missouri Department of Health (1990)
Nancy Cruzan’s parents wanted to remove her feeding tube after a car accident left her in a coma; the state required clear evidence of her wishes. States can set standards for removing life support from incapacitated individuals.
60
George Washington
1st U.S. President. Commander of the Continental Army. Presided over the Constitutional Convention. Warned against political parties and foreign alliances.
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Thomas Jefferson
Author of the Declaration of Independence. 3rd President. Advocated for states’ rights and limited federal government. Made the Louisiana Purchase.
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James Madison
“Father of the Constitution”. Key author of the Federalist Papers. Helped draft the Bill of Rights. 4th President
63
Alexander Hamilton
Wrote most of the Federalist Papers. 1st Secretary of the Treasury. Supported a strong federal government and national bank.
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Benjamin Franklin
Founding Father, inventor, diplomat. Helped draft the Declaration and the Constitution. Secured French support during the Revolution.
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John Locke (British philosopher)
Inspired American ideas of natural rights (life, liberty, property). Promoted the social contract theory.
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Thomas Hobbes (British philosopher)
Believed in strong central authority. Argued people give up some freedoms for security (social contract).
67
John Jay
1st Chief Justice of the U.S. Supreme Court. Co-author of the Federalist Papers. Negotiated the Jay Treaty with Britain
68
John Adams
2nd President. Defended British soldiers after the Boston Massacre (fair trial). Helped draft the Declaration. Promoted strong central government
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Thomas Paine
Wrote Common Sense to support independence. Encouraged colonists to break from Britain. Also wrote The Crisis during the Revolution.
70
Gouverneur Morris
Wrote the final draft of the Constitution. Known for the phrase: “We the People...”. Strong advocate for national unity
71
Franklin D. Roosevelt (FDR)
President during the Great Depression and WWII. Created the New Deal programs. Elected four times (only president to do so)
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Richard Nixon
Resigned due to the Watergate scandal. Opened diplomatic relations with China. Advocated for “law and order” and conservative shift.
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Lyndon B. Johnson (LBJ)
President after JFK’s assassination. Signed the Civil Rights Act (1964) and Voting Rights Act (1965). Launched the “Great Society” programs to fight poverty.
74
American Revolutionary War (1775–1783)
Fought between the Thirteen American Colonies and Great Britain. The colonies won independence from Britain. Allies: France, Spain, the Netherlands.
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War of 1812 (1812–1815)
Fought between the United States and Great Britain. Caused by British interference with American trade and impressment of sailors. Ended in a stalemate, but boosted U.S. national pride. Allies: None for the U.S.
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Mexican-American War (1846–1848)
Fought between the United States and Mexico. Resulted in U.S. acquisition of territories (California, Arizona, New Mexico). Allies: None for the U.S.
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Civil War (1861–1865)
Fought between the Union (North) and the Confederacy (South). Over slavery, state rights, and southern secession. Union victory led to the abolition of slavery. Allies: None for the Confederacy; the Union had some international support, but no formal allies.
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Spanish-American War (1898)
Fought between the United States and Spain. Resulted in U.S. control over Cuba, Puerto Rico, the Philippines, and Guam. Marked the U.S. as a world power. Allies: Cuba (against Spain).
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World War I (1914–1918)
Fought between the Allies (including the U.S.) and the Central Powers. The U.S. entered in 1917, tipping the balance in favor of the Allies. Allies: United Kingdom, France, Russia, Italy, Japan.
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World War II (1939–1945)
Fought between the Allies (including the U.S.) and the Axis Powers. The U.S. entered after Japan’s attack on Pearl Harbor in 1941. Allies: United Kingdom, Soviet Union, France, China, Australia, Canada, New Zealand, among others.
81
Korean War (1950–1953)
Fought between North Korea (and China) vs. South Korea (with U.S. support). Resulted in a stalemate and division of Korea at the 38th parallel. Allies: South Korea, U.S., United Nations.
82
Vietnam War (1955–1975)
Fought between communist North Vietnam (supported by the Soviet Union and China) and non-communist South Vietnam (supported by the U.S.). The U.S. withdrew in 1973, and South Vietnam fell to communism. Allies: South Vietnam, U.S., Australia, South Korea, Thailand, Laos.
83
Gulf War (1990–1991)
Fought between Iraq and a U.S.-led coalition to expel Iraqi forces from Kuwait. The U.S. and coalition forces achieved a quick victory. Allies: United Kingdom, France, Saudi Arabia, Kuwait, Egypt, Syria.
84
War in Afghanistan (2001–2021)
Began after the 9/11 terrorist attacks; aimed to dismantle Al-Qaeda and remove the Taliban from power. The longest war in U.S. history. It ended with the withdrawal of U.S. troops in 2021. Allies: United Kingdom, Canada, Germany, Australia, France, Italy, the Netherlands, others.
85
Iraq War (2003–2011)
Fought to remove Saddam Hussein from power, following claims that Iraq had weapons of mass destruction. Led to significant political instability in Iraq and the Middle East. Allies: United Kingdom, Australia, Poland, Italy, Denmark.
86
Federalism
Federalism is the system of government where power is shared between a central (national) government and regional (state or local) governments. In the U.S., it means that both the federal government and the state governments have their own powers and responsibilities, but the federal government has ultimate authority in certain areas as defined by the Constitution.
87
Due Process
Due process refers to the legal requirement that the government must respect all of a person's legal rights when enforcing laws or making legal decisions. It ensures fair treatment, including the right to a fair trial, notice of legal actions, and the opportunity to present a defense. It’s guaranteed by the 5th and 14th Amendments.
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Habeas Corpus
Habeas corpus is the right of individuals to challenge unlawful detention or imprisonment in court. It ensures that a person cannot be held in custody without being brought before a judge to determine whether their detention is legal. It is protected by Article I, Section 9 of the U.S. Constitution, except in times of rebellion or invasion.
