FCLE Review

• Democracy


  Type of government where power is derived from the people, either directly or indirectly.
• Representative Democracy or Democratic Republic


  An indirect or a representative democracy where eligible voters choose representatives to act on their behalf and make political decisions.
• Constitutional Democracy


  A government that draws its legitimacy from an authoritative document (a constitution) that defines the nation's system of government, its laws and usually the rights of its citizens. The 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.
• 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.
• Consent of the Governed


  The idea that our government derives its power from the people because we elect representatives to the legislative branch of government.
• Checks and Balances


  Principle reflected in the Constitution that grants each of the three branches (legislative, executive, and judicial) some control and scrutiny over one another.
• Separation of Powers


  Refers to 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


  No one is above the law; Everyone must follow the laws, regardless of their position of power. This was established by the Magna Carta in 1215. Everyone is equal under the law.
• 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.
• Popular Sovereignty


  A belief that ultimate power resides in the people.
• Natural rights


  Rights people have by virtue of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights.
• 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 the local governments (e.g. taxing, roads, elections, lower courts).
• 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.
• Article I, Section 4, of the United States Constitution


  Grants the states the authority to determine the rules by which they elect their United States Senators and Representatives, unless the United States Congress acts to change those rules.
• Article II, Section 1, of the United States Constitution


  Provides that the President of the United States is elected by the Electoral College.
• 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.
• Voter Registration requirements in Florida

  Be a citizen of the United States of America, a legal resident of Florida, a legal resident of the county in which you seek to be registered, at least 16 years old to preregister or at least 18 years old to register and vote. Not be a person who has been adjudicated mentally incapacitated with respect to voting in Florida or any other state without having the right to vote restored; and, not be a person convicted of a felony without having your right to vote restored.
• County Supervisor of Elections

  Florida has 67 counties. Each county has an elected Supervisor, who conducts elections within his or her county.
• Preamble to the Constitution


  The opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve.

  "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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."
• Article I of the United States Constitution

  Legislative Branch (Congress).

  The United States Congress is bicameral, consisting of two chambers, the House of Representatives and the Senate. Congress is the branch that is responsible for making the laws. Other powers include commerce, taxing, roads, defense, war, citizenship, etc. The founders gave the most powers to this branch because it is made up of many representatives elected directly by the people.
• House of Representatives


  The lower chamber of the US Congress. The number of representatives from each state is based on population and each representative is elected by a district in their state. Its members serve 2-year terms. Also, revenue and 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 and who is second in line to the Presidency after Vice-President.
• Senate


  The upper chamber of the US Congress with 100 members, 2 from each state. Senators serve 6-year terms and represent all of their state's citizens. They also have the power to approve treaties as well as judicial and 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. The President pro tempore is 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. The House of Representatives is responsible for the investigation and the Senate is responsible for holding a trial to determine removal.
• 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).
• Article II, of the United States Constitution

  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


  Presidential power to stop a bill from becoming a law by rejecting it.
• Article III, of the United States Constitution

  Judicial Branch

  The branch of government that reviews the law and interprets the Constitution. It includes the Supreme Court and the lower federal courts.
• U.S. Supreme Court


  9 justices nominated by President, confirmed by Senate; the highest court in the nation; holds trial in limited matters in accordance with the Constitution and hears appeals in other matters of national importance; interprets the Constitution using the power of judicial review.
• 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)

  The power of the court to determine if laws passed by Congress or state legislatures; or the actions of the President or Governors are constitutional.