FCLE Cram Guide

A free 20-page review of everything high-yield for the Florida Civic Literacy Exam: a study plan, the trap pairs, and every case, amendment, and founding document you need. Read it right here on any phone or computer, or download the PDF (156 KB) to keep. Made by Daniel Tarvin, an SPC (St. Petersburg College) engineering student (about me).

FCLE Cram Guide, page 1 of 20: FCLE Cram Guide
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FCLE Cram Guide, page 2 of 20: 4-day plan
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FCLE Cram Guide, page 3 of 20: Competency 1: Principles of democracy
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FCLE Cram Guide, page 4 of 20: Trap pair
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FCLE Cram Guide, page 5 of 20: Competency 2: The Constitution
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FCLE Cram Guide, page 6 of 20: Trap pair
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FCLE Cram Guide, page 7 of 20: Amendment Year What it does
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FCLE Cram Guide, page 8 of 20: Competency 3: Founding documents
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FCLE Cram Guide, page 9 of 20: Document
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FCLE Cram Guide, page 10 of 20: Trap pair
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FCLE Cram Guide, page 11 of 20: Phrase
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FCLE Cram Guide, page 12 of 20: Competency 4: Cases, laws, executive actions
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FCLE Cram Guide, page 13 of 20: Case
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FCLE Cram Guide, page 14 of 20: Case
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FCLE Cram Guide, page 15 of 20: Law
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FCLE Cram Guide, page 16 of 20: Law
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FCLE Cram Guide, page 17 of 20: Action
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FCLE Cram Guide, page 18 of 20: Test-day tips
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FCLE Cram Guide, page 19 of 20: Must-know on Friday morning
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FCLE Cram Guide, page 20 of 20: Sources
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Text version of the cram guide (for screen readers and copying)

Page 1: FCLE Cram Guide

Everything high-yield for your Florida Civic Literacy Exam on Friday, Oct 30 at 11am at SPC

Tarpon Springs (AD building): a 4-day plan, the trap pairs, and every case, amendment,

document, and law in one place. You need 48 of 80 (60%).

Free from fclepractice.com: the full study guide, practice tests, and quizzes are at

https://fclepractice.com.

About this guide

Where it came from

I'm Daniel Tarvin, an SPC (St. Petersburg College) engineering student. I made this guide while studying for

the FCLE, using an AI study tool I built to learn the topics and practice questions. Then I turned that tool

into a free website so other students and teachers could use it too.

Sources

Built from the official FLDOE FCLE Supplemental Guide and Sample Items. This is an independent study

resource and is not affiliated with, endorsed by, or sponsored by the Florida Department of Education

(FLDOE) or any testing provider. Practice questions are original, not real exam items.

About the website

https://fclepractice.com is free.

A 17-chapter study guide covering all four competencies.

Pages for all 26 landmark cases, plus a glossary.

Twelve 80-question practice tests, plus shorter and topic quizzes (a question bank of about 1,000

questions).

Every wrong answer links to the section that teaches it.

This cram guide can be downloaded there.

Support

The site is free and supported by ads. If it helped, you can support me on Venmo at

https://venmo.com/u/dtarvin870.

Contents

4-day plan

Competency 1: Principles of democracy

Competency 2: The Constitution

The seven Articles

All 27 amendments

Competency 3: Founding documents

Famous phrases the exam quotes

Competency 4: Cases, laws, executive actions

All 26 landmark cases

Landmark legislation

Landmark executive actions

Test-day tips

Must-know on Friday morning

fclepractice.com, free FCLE study guide and practice tests

Page 2: 4-day plan

Day

Study

Practice

Mon

Oct 26

Competency 1 and 2 notes below,

plus the Articles and amendments

tables.

FLDOE sample items 1–20. Practice Tests 1 and

2: do only items tagged C1 or C2 in the answer

key (80 items).

Tue

Oct 27

Competency 3 notes, documents

table, and famous phrases.

FLDOE sample items 21–30. Practice Tests 3 and

4: C3 items only (40 items).

Wed

Oct 28

Competency 4: all 26 cases,

legislation, executive actions.

FLDOE sample items 31–40. Practice Tests 5 and

6: C4 items only (40 items).

Thu

Oct 29

Re-read the trap pairs for

whichever competency you missed

most.

Practice Test 7, all 80, in one sitting. Score it,

then redo the weakest competency's items from

Practice Test 8.

Fri Oct

30

Must-know list at the bottom of this

page only. No new material.

None. Arrive early at the AD building for 11am.

Each answer key line is tagged C1 to C4, so you can filter items by competency; the

spreadsheet's competency column does the same. Tests 9 to 12 and the bonus set are spares if

you finish early.

fclepractice.com, free FCLE study guide and practice tests

Page 3: Competency 1: Principles of democracy

Key concepts

Social contract: people give up some freedom to a government that protects their rights

(Locke, Two Treatises of Government, 1689).

Consent of the governed: government's power comes from the people who agree to it.

Natural rights: rights you are born with; Locke said life, liberty, property; Jefferson wrote

life, liberty, pursuit of happiness.

Popular sovereignty: the people are the source of power ("We the People").

Separation of powers: legislative, executive, judicial split (Montesquieu, The Spirit of the

Laws, 1748).

Checks and balances: each branch can limit the others (veto, override, judicial review,

impeachment, Senate confirmation).

Rule of law: everyone, including leaders, must follow the law (Nixon's "when the president

does it, that means it is not illegal" contradicts it).

Due process: government must follow fair, established legal procedures before taking life,

liberty, or property.

Equality under the law: equal treatment and protection, not equal outcomes.

Federalism: power divided between national and state governments.

Limited government and constitutionalism: a written constitution sets out and limits

government's structure and powers.

Republicanism: people elect representatives; Article IV guarantees every state a republican

government.

Majority rule with minority rights: the majority decides, but cannot take away the basic

rights of the minority.

Individual and religious liberty: Founders saw freedom of conscience as essential; protected

by the 1st Amendment.

Limits on rights: rights are not absolute (Schenck's clear and present danger; reasonable

time, place, and manner rules).

Elections: House 2-year terms, Senate 6, president 4; 538 electoral votes, 270 to win.

Trap pairs

Trap pair

How to tell them apart

Republic vs. direct

democracy

Rome was a republic (elected representatives). Athens was a

direct democracy (citizens voted themselves). The U.S. is a

constitutional republic; the Founders feared majority tyranny

and factions.

Modern practice closest

to Athens

The referendum or ballot initiative, where citizens vote directly

on a law.

Separation of powers vs.

checks and balances vs.

federalism

Split among branches vs. branches limiting each other vs. split

between national and state governments.

fclepractice.com, free FCLE study guide and practice tests

Page 4: Trap pair

How to tell them apart

Popular sovereignty vs.

divine right of kings

Power from the people vs. power from God through inherited

monarchy.

Locke vs. Montesquieu

vs. Hobbes

Locke: natural rights and consent. Montesquieu: separation of

powers. Hobbes: people give power to an absolute ruler for

order.

Rule of law vs. due

process

No one is above the law vs. fair procedures before punishment.

Civil law vs. criminal law

Disputes between people (libel, contracts, property damage) vs.

crimes prosecuted by the government.

Civil liberties vs. civil

rights

Freedoms protected from government (speech, religion) vs.

equal treatment and protection from discrimination.

fclepractice.com, free FCLE study guide and practice tests

Page 5: Competency 2: The Constitution

Key concepts

Enumerated (expressed, delegated) powers: listed for Congress in Article I, Section 8 (tax,

coin money, declare war, regulate commerce).

Implied powers: not listed but allowed by the Necessary and Proper (Elastic) Clause;

McCulloch's national bank.

Reserved powers: kept by states under the 10th Amendment (schools, local government,

elections, marriage laws).

Concurrent powers: shared by both levels (tax, borrow, make courts, enforce laws).

Supremacy Clause (Article VI): federal law wins when it conflicts with state law.

Full Faith and Credit (Article IV): states honor each other's public records, licenses, and

court rulings.

Commerce Clause (Article I): Congress regulates trade with other countries, among states,

and with tribes; limited in Lopez.

Emoluments Clauses: officials cannot accept gifts or payments from foreign governments

without Congress's consent.

Due Process: 5th Amendment limits the federal government; 14th limits the states.

Equal Protection (14th): states must treat people equally under law (Brown, Bakke, Shaw,

Bush v. Gore).

Establishment Clause: no official or government-sponsored religion (Engel). Free Exercise:

you may practice your faith (Yoder).

Selective incorporation: case by case, the Court applies Bill of Rights protections to the

states through the 14th's Due Process Clause (Mapp, Gideon, McDonald).

Amendment process (Article V): propose by 2/3 of both houses or a convention called by

2/3 of states; ratify by 3/4 of states.

Impeachment: the House charges (impeaches); the Senate tries and removes with 2/3.

Great Compromise: two-house Congress, House by population, Senate equal (two per

state).

Writ of habeas corpus: a prisoner can demand a court hearing on why they are held; can be

suspended only in rebellion or invasion.

Trap pairs

Trap pair

How to tell them apart

Enumerated vs.

implied vs. reserved

vs. concurrent

Listed for Congress vs. inferred from the Elastic Clause vs. kept by

states (10th) vs. shared by both.

Federalists vs. AntiFederalists

Federalists (Hamilton, Madison, Jay) backed the Constitution and a

strong national government. Anti-Federalists (Patrick Henry,

George Mason, "Brutus") feared it and demanded a bill of rights;

the Bill of Rights was the price of ratification.

Supremacy Clause vs.

10th Amendment

State-federal conflict is resolved by Supremacy; the 10th only

covers powers not given to the federal government.

fclepractice.com, free FCLE study guide and practice tests

Page 6: Trap pair

How to tell them apart

5th vs. 14th

Amendment due

process

5th binds the federal government; 14th binds the states.

Establishment vs. Free

Exercise

Government cannot promote religion vs. government cannot stop

you practicing it.

Impeach vs. remove

House impeaches (charges); Senate convicts and removes.

Voting amendments

15th race, 19th women, 24th poll tax, 26th age 18. Eighteen-yearolds won the vote by amendment, not a court ruling.

The seven Articles

Article What it covers

I

Legislative branch: Congress (House and Senate), enumerated powers, Necessary

and Proper Clause, impeachment, limits on Congress and states.

II

Executive branch: president, Electoral College, commander in chief, treaties (2/3

Senate), appointments, grounds for impeachment.

III

Judicial branch: Supreme Court and lower federal courts, judges serve during good

behavior, jurisdiction, treason defined.

IV

The states: Full Faith and Credit, privileges and immunities, extradition, admitting new

states, republican government guarantee.

V

Amendment process: propose by 2/3, ratify by 3/4 of states.

VI

Supremacy Clause, national debts honored, oaths of office, no religious test for office.

VII

Ratification: approval by 9 of the 13 states.

Sample-item trap: coining money, making treaties, and levying import duties all point to Article I

in the FLDOE answer key.

All 27 amendments

★ marks the most tested.

Amendment Year What it does

1st ★

1791 Freedom of religion (Establishment and Free Exercise), speech, press,

assembly, petition.

2nd ★

1791 Right to keep and bear arms.

3rd

1791 No quartering of soldiers in homes in peacetime without the owner's

consent.

4th ★

1791 No unreasonable searches and seizures; warrants need probable cause.

fclepractice.com, free FCLE study guide and practice tests

Page 7: Amendment Year What it does

5th ★

1791 Grand jury, no double jeopardy, no self-incrimination, due process, just

compensation for takings.

6th ★

1791 Speedy public trial, impartial jury, know the charges, confront witnesses,

right to a lawyer.

7th

1791 Jury trial in civil cases over $20.

8th ★

1791 No excessive bail or fines; no cruel and unusual punishment.

9th

1791 Rights not listed in the Constitution are still kept by the people.

10th ★

1791 Powers not given to the federal government or denied to states are

reserved to the states or the people.

11th

1795 Limits lawsuits against a state in federal court by citizens of other states

or countries.

12th

1804 Electors cast separate votes for president and vice president.

13th ★

1865 Abolished slavery and involuntary servitude (except as punishment for

crime).

14th ★

1868 Citizenship for all born or naturalized in the U.S.; states must give due

process and equal protection.

15th ★

1870 Voting cannot be denied based on race, color, or previous servitude.

16th

1913 Congress may levy a federal income tax.

17th

1913 Senators elected directly by the people (not state legislatures).

18th

1919 Prohibition of alcohol.

19th ★

1920 Women's right to vote.

20th

1933 "Lame duck": president's term starts Jan. 20, Congress's Jan. 3.

21st

1933 Repealed the 18th (ended Prohibition); the only amendment repealing

another.

22nd

1951 President limited to two elected terms.

23rd

1961 Washington, D.C., gets electoral votes for president.

24th

1964 Bans poll taxes in federal elections.

25th

1967 Presidential succession and disability; filling a vice president vacancy.

26th ★

1971 Voting age lowered to 18.

27th

1992 A congressional pay raise takes effect only after the next House election.

fclepractice.com, free FCLE study guide and practice tests

Page 8: Competency 3: Founding documents

Document

Year

Author

Key idea

Magna Carta

1215

English barons, forced

on King John

Even the king is under the law; no

punishment without lawful judgment

(rule of law, due process).

Mayflower

Compact

1620

Pilgrim settlers (41

men) on the Mayflower

Self-government by agreement; a

"civil body politic" making just laws

for the general good (social contract).

English Bill of

Rights

1689

English Parliament

(William and Mary)

Limited monarchy; Parliament

consents to taxes and armies; no

cruel and unusual punishment; right

to petition.

Common Sense

Jan. 1776

Thomas Paine

Pamphlet urging independence and

attacking monarchy in plain language.

Virginia

Declaration of

Rights

June 1776

George Mason

Natural rights list (press, religion,

jury); model for the Declaration and

Bill of Rights.

Declaration of

Independence

July 4,

1776

Thomas Jefferson

(Committee of Five)

Natural rights, consent of the

governed, right to alter or abolish

government; grievances against

George III.

Massachusetts

Constitution

1780

John Adams

Oldest working written constitution;

separation of powers and a

declaration of rights; model for the

U.S. Constitution.

Articles of

Confederation

1781

(drafted

1777)

John Dickinson (main

drafter), Continental

Congress

Weak central government: one-house

Congress, one vote per state, no

power to tax or regulate trade, no

executive or national courts.

Northwest

Ordinances

1784,

1785,

1787

Confederation

Path from territory to equal statehood;

Congress (1784 plan by 1785 land survey with a section for

Jefferson)

schools; 1787 banned slavery in the

Northwest Territory.

U.S. Constitution

1787

(ratified

1788)

James Madison ("Father

of the Constitution")

and the Convention

Popular sovereignty, separation of

powers, checks and balances,

federalism, limited government.

Bill of Rights

1791

James Madison

(proposed in the First

Congress)

First 10 amendments; promised to win

over Anti-Federalists.

fclepractice.com, free FCLE study guide and practice tests

Page 9: Document

Year

Author

Key idea

Federalist No. 10

1787

Madison

A large republic controls the effects of

faction better than a small democracy.

Federalist No. 14

1787

Madison

A republic can work across a large

territory because representatives

govern.

Federalist No. 31

1788

Hamilton

The national government needs a

general power to tax.

Federalist No. 39

1788

Madison

The Constitution is republican and

partly national, partly federal.

Federalist No. 51

1788

Madison

Separation of powers and checks and

balances guard against tyranny.

Federalist No. 70

1788

Hamilton

A single, energetic executive is

needed for good government.

Federalist No. 78

1788

Hamilton

The judiciary is the least dangerous

branch; lifetime tenure; courts can

void unconstitutional laws.

Federalist No. 84

1788

Hamilton

A bill of rights is unnecessary and

could even be dangerous.

Brutus No. 1

Oct. 1787

"Brutus," usually

credited to Robert

Yates (Anti-Federalist)

A free republic cannot work over so

large a country; national power would

swallow the states.

Trap pairs

Trap pair

How to tell them apart

Declaration vs.

Constitution

Declaration (1776, Jefferson) explains why we separated.

Constitution (1787, Madison) sets up how we are governed.

Articles of Confederation

vs. Constitution

Articles: no power to tax, no executive or courts, unanimous

vote to amend. The Constitution fixed these weaknesses.

Virginia Declaration of

Rights vs. Virginia Plan

Mason's 1776 list of rights vs. Madison's 1787 plan for

representation by population.

Madison papers vs.

Hamilton papers

Madison: 10, 14, 39, 51. Hamilton: 31, 70, 78, 84. All

Federalist essays were signed "Publius" and ran in New York

newspapers.

Federalist 10 vs. 51

10 is about factions and a large republic; 51 is about

separation of powers and checks and balances.

Federalist 84 vs. Brutus 1

84 says no bill of rights is needed; Brutus says a big national

government endangers liberty and the states.

fclepractice.com, free FCLE study guide and practice tests

Page 10: Trap pair

How to tell them apart

Magna Carta vs. English Bill 1215 limits the king and starts due process; 1689 strengthens

of Rights

Parliament and bans cruel and unusual punishment.

Northwest Ordinance to

13th Amendment

Its slavery ban in the territory is the language the 13th

Amendment echoes.

Mayflower Compact to

Constitution

FLDOE links the Compact to the U.S. Constitution as a

precedent for self-government.

Famous phrases the exam quotes

Phrase

Source

"No free man shall be seized or imprisoned... except by the

lawful judgment of his equals or by the law of the land."

Magna Carta

"...combine ourselves together into a civil body politic... just

and equal laws... for the general good of the Colony."

Mayflower Compact

"Excessive bail ought not to be required, nor excessive fines

imposed; nor cruel and unusual punishments inflicted."

English Bill of Rights (echoed

in the 8th Amendment)

"Government, even in its best state, is but a necessary evil."

Common Sense

"All men are by nature equally free and independent, and

have certain inherent rights."

Virginia Declaration of Rights

"We hold these truths to be self-evident, that all men are

created equal... Life, Liberty and the pursuit of Happiness."

Declaration of Independence

"...deriving their just powers from the consent of the

governed."

Declaration of Independence

"...to the end it may be a government of laws and not of

men."

Massachusetts Constitution

"...a firm league of friendship" / "Each state retains its

sovereignty, freedom, and independence."

Articles of Confederation

"There shall be neither slavery nor involuntary servitude in

the said territory."

Northwest Ordinance of 1787

(inspired the 13th

Amendment)

"Religion, morality, and knowledge... schools and the means

of education shall forever be encouraged."

Northwest Ordinance of 1787

"We the People of the United States, in Order to form a more

perfect Union..."

Preamble, U.S. Constitution

(popular sovereignty)

"The latent causes of faction are thus sown in the nature of

man."

Federalist No. 10

"In a democracy, the people meet and exercise the

government in person; in a republic, they assemble and

administer it by their representatives."

Federalist No. 14

fclepractice.com, free FCLE study guide and practice tests

Page 11: Phrase

Source

"A government ought to contain in itself every power requisite

to the full accomplishment of the objects committed to its

care."

Federalist No. 31

"...neither a national nor a federal Constitution, but a

composition of both."

Federalist No. 39

"If men were angels, no government would be necessary." /

"Ambition must be made to counteract ambition."

Federalist No. 51

"Energy in the Executive is a leading character in the

definition of good government."

Federalist No. 70

"...neither FORCE nor WILL, but merely judgment." (the

judiciary)

Federalist No. 78

"The Constitution is itself, in every rational sense, and to

every useful purpose, A BILL OF RIGHTS."

Federalist No. 84

"...a free republic cannot succeed over a country of such

immense extent."

Brutus No. 1

fclepractice.com, free FCLE study guide and practice tests

Page 12: Competency 4: Cases, laws, executive actions

Trap pairs

Trap pair

How to tell them apart

Marbury vs. McCulloch

Marbury: judicial review. McCulloch: implied powers plus

federal supremacy over state taxes.

Plessy vs. Brown

Plessy allowed separate but equal; Brown overturned it

for schools.

Miranda vs. Gideon

Miranda: police must warn you of your rights. Gideon:

the state must give you a lawyer at trial.

Heller vs. McDonald

Heller: individual gun right (D.C., federal). McDonald:

same right applies to the states.

Schenck vs. Tinker vs. Texas v.

Johnson

Speech can be limited when dangerous; students keep

symbolic speech; flag burning is protected.

Tinker vs. Hazelwood

Students' own expression is protected; schoolsponsored papers can be edited.

Engel vs. Yoder

Establishment Clause (no school prayer) vs. Free

Exercise Clause (Amish schooling).

Baker v. Carr vs. Shaw v. Reno

Courts can review apportionment vs. race-based district

lines face strict scrutiny.

Treaty of Paris 1783 vs. 1898

1783 ended the Revolution; 1898 ended the SpanishAmerican War.

Missouri Compromise vs.

Compromise of 1850 vs. KansasNebraska

36°30′ line (1820) vs. California free plus Fugitive Slave

Act (1850) vs. popular sovereignty that erased the 1820

line (1854).

Civil Rights Act 1964 vs. Voting

Rights Act 1965

Discrimination in public places and jobs vs. barriers to

voting such as literacy tests.

Gulf of Tonkin vs. War Powers

Resolution

1964 expanded the president's war power; 1973 limited

it.

All 26 landmark cases

Case

Year Holding

About

Marbury v.

Madison

1803 Created judicial review: the Court can

strike down a law that conflicts with

the Constitution.

Judicial review, Article III,

checks and balances

fclepractice.com, free FCLE study guide and practice tests

Page 13: Case

Year Holding

About

McCulloch v.

Maryland

1819 Congress could create a national bank

(implied power); a state (Maryland)

cannot tax it.

Necessary and Proper

Clause, Supremacy Clause

Dred Scott v.

Sandford

1857 Black Americans were not citizens;

Congress could not ban slavery in

territories (Missouri Compromise struck

down).

Citizenship; restricted

rights; later reversed by

13th and 14th Amendments

Plessy v.

Ferguson

1896 Upheld state segregation laws under

"separate but equal."

Equal Protection (14th),

restricted rights

Schenck v. U.S.

1919 Anti-draft leaflets in WWI not

1st Amendment speech

protected; speech creating a "clear and limits

present danger" can be limited.

Korematsu v.

U.S.

1944 Upheld Japanese American internment

(Executive Order 9066) for national

security.

Equal protection, civil

liberties vs. national

security

Brown v. Board

of Education

1954 Racial segregation in public schools is

unconstitutional; overturned Plessy.

Equal Protection Clause

(14th)

Mapp v. Ohio

1961 Illegally obtained evidence cannot be

used in state courts (exclusionary

rule).

4th Amendment,

incorporated through the

14th

Baker v. Carr

1962 Federal courts can hear challenges to

how states draw legislative districts;

led to "one person, one vote."

Equal Protection,

apportionment

Engel v. Vitale

1962 Government-led prayer in public

schools is unconstitutional, even if

voluntary.

1st Amendment

Establishment Clause

Gideon v.

Wainwright

1963 States must provide a lawyer to felony

defendants who cannot afford one.

6th Amendment right to

counsel, incorporated

Miranda v.

Arizona

1966 Police must tell suspects in custody

their rights (silence, lawyer) before

questioning.

5th Amendment selfincrimination, 6th counsel

Tinker v. Des

Moines

1969 Students' black armbands protesting

Vietnam are protected symbolic

speech unless disruptive.

1st Amendment student

speech

New York Times

v. U.S.

1971 Government could not block

publication of the Pentagon Papers (no

prior restraint).

1st Amendment freedom of

the press

Wisconsin v.

Yoder

1972 Amish families cannot be forced to

send children to school past 8th grade.

1st Amendment Free

Exercise Clause

fclepractice.com, free FCLE study guide and practice tests

Page 14: Case

Year Holding

About

Roe v. Wade

1973 Right to privacy covered abortion;

overturned in 2022 by Dobbs v.

Jackson.

14th Amendment due

process, privacy

U.S. v. Nixon

1974 Executive privilege is not absolute;

Nixon had to hand over the Watergate

tapes.

Rule of law, checks and

balances

Regents of Univ.

of California v.

Bakke

1978 Racial quotas in admissions are

unconstitutional, but race could be one

factor.

Equal Protection,

affirmative action

Hazelwood v.

Kuhlmeier

1988 Schools may edit school-sponsored

student newspapers for legitimate

teaching reasons.

1st Amendment student

press, limited

Texas v. Johnson

1989 Burning the U.S. flag in protest is

protected symbolic speech.

1st Amendment symbolic

speech

Shaw v. Reno

1993 Districts drawn mainly by race face

strict scrutiny (racial gerrymandering).

Equal Protection,

redistricting

U.S. v. Lopez

1995 Gun-Free School Zones Act went

beyond Congress's commerce power.

Commerce Clause limits,

federalism

Bush v. Gore

2000 Stopped the Florida presidential

recount because counting standards

were inconsistent.

Equal Protection, elections

District of

Columbia v.

Heller

2008 The 2nd Amendment protects an

individual right to keep a handgun at

home for self-defense (federal district).

2nd Amendment, individual

right

McDonald v.

Chicago

2010 The 2nd Amendment applies to state

and local governments too.

2nd Amendment

incorporated through the

14th

Citizens United

v. FEC

2010 Government cannot limit independent

political spending by corporations and

unions.

1st Amendment political

speech

Landmark legislation

Law

Year

President /

Congress

What it did

Alien and Sedition

Acts

1798

John Adams,

Federalist

Congress

Allowed deporting immigrants and

punished criticism of the government;

restricted speech and press.

Missouri

Compromise

1820

James Monroe

Missouri slave state, Maine free; banned

slavery north of 36°30′ in the Louisiana

Territory.

fclepractice.com, free FCLE study guide and practice tests

Page 15: Law

Year

President /

Congress

What it did

Compromise of

1850

1850

Millard Fillmore;

Henry Clay

California free; popular sovereignty in Utah

and New Mexico; tougher Fugitive Slave

Act; ended slave trade in D.C.

Kansas-Nebraska

Act

1854

Franklin Pierce;

Stephen Douglas

Popular sovereignty in Kansas and

Nebraska; repealed the Missouri

Compromise line; led to "Bleeding Kansas."

Homestead Act

1862

Abraham Lincoln

160 acres of public land to settlers who

lived on and farmed it for 5 years; spurred

westward expansion.

Civil Rights Act of

1866

1866

Congress over

Andrew Johnson's

veto

Declared people born in the U.S. citizens

with equal rights to contract and own

property.

Pendleton Civil

Service Act

1883

Chester Arthur

Federal jobs filled by merit exams, not the

spoils system; passed after Garfield's

assassination.

Interstate

Commerce Act

1887

Grover Cleveland

First federal regulation of railroads; created

the Interstate Commerce Commission.

Sherman Antitrust

Act

1890

Benjamin Harrison Outlawed monopolies and trusts that

restrain trade.

New Deal acts (e.g.,

Social Security Act)

1933–

1938

Franklin D.

Roosevelt

Relief, recovery, reform; Social Security

(1935) created old-age pensions and

unemployment insurance.

Civil Rights Act of

1964

1964

Lyndon B. Johnson

Banned discrimination by race, color,

religion, sex, or national origin in public

places and jobs.

Gulf of Tonkin

Resolution

1964

Lyndon B. Johnson

Let the president use military force in

Vietnam without a declaration of war.

Voting Rights Act

1965

Lyndon B. Johnson

Banned literacy tests; federal oversight of

voting where discrimination occurred.

Great Society acts

(Medicare,

Medicaid)

1964–

1965

Lyndon B. Johnson

War on Poverty; health insurance for the

elderly (Medicare) and the poor (Medicaid);

federal school aid.

Civil Rights Act of

1968 (Fair Housing)

1968

Lyndon B. Johnson

Banned discrimination in the sale or rental

of housing.

Clean Air Act

1970

Richard Nixon

Federal air-quality standards and emission

limits.

Occupational Safety

and Health Act

1970

Richard Nixon

Federal workplace safety standards

(OSHA).

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Page 16: Law

Year

President /

Congress

What it did

Title IX

1972

Richard Nixon

No sex discrimination in federally funded

education programs, including school

sports.

War Powers

Resolution

1973

Congress over

Nixon's veto

President must notify Congress within 48

hours and withdraw troops in 60 days

without approval.

Americans with

Disabilities Act

1990

George H. W.

Bush

Banned discrimination against people with

disabilities.

USA PATRIOT Act

2001

George W. Bush

Expanded government surveillance after

9/11; criticized for limiting civil liberties.

Affordable Care Act

2010

Barack Obama

Expanded health coverage: marketplaces,

Medicaid expansion, pre-existing condition

protections.

Landmark executive actions

Action

Year

President

What it did

Treaty of Paris

1783

Confederation

Congress

Ended the Revolutionary War; Britain

recognized U.S. independence.

Louisiana Purchase

1803

Thomas Jefferson

Bought from France; roughly

doubled the size of the U.S.

Adams-Onís Treaty

1819 (in

effect

1821)

James Monroe (Sec. of

State John Quincy

Adams)

Spain ceded Florida to the U.S. and

set a western border.

Monroe Doctrine

1823

James Monroe

Warned Europe against new

colonization in the Western

Hemisphere.

Suspension of

habeas corpus

1861

Abraham Lincoln

Allowed holding suspected

Confederate sympathizers without a

court hearing during the Civil War.

Emancipation

Proclamation

1863

Abraham Lincoln

Freed enslaved people in

Confederate-held areas.

Treaty of Paris

1898

William McKinley

Ended the Spanish-American War;

Spain ceded Puerto Rico, Guam, and

the Philippines.

Bully pulpit /

Square Deal

1901–

1909

Theodore Roosevelt

Used the presidency's visibility to

push reforms; Roosevelt coined

"bully pulpit."

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Page 17: Action

Year

President

What it did

Fireside chats

1933–

1944

Franklin D. Roosevelt

Radio talks to build public support

for New Deal and wartime policies.

Executive Order

9066

1942

Franklin D. Roosevelt

Japanese American internment

(upheld in Korematsu).

Executive Order

9981

1948

Harry Truman

Desegregated the armed forces.

101st Airborne to

Little Rock

1957

Dwight Eisenhower

Federal troops enforced Brown v.

Board at Central High School.

Executive Orders

10925 and 11246

1961,

1965

John F. Kennedy;

Lyndon B. Johnson

"Affirmative action" in hiring by

federal contractors.

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Page 18: Test-day tips

1. Read the question before the excerpt. Excerpt items ask one of three things: which

document or case it is from, which principle it shows, or what it inspired. Know what you

are hunting for, then read the passage.

2. Look for anchor words. "Faction" means Federalist 10, "ambition" or "angels" means 51,

"consent of the governed" means the Declaration, "government of laws and not of men"

means the Massachusetts Constitution.

3. Eliminate, then choose. Cross out options from the wrong era or branch first; two

choices usually fall away fast.

4. Scenario questions: name the right first. Police search on a street means the 4th

Amendment; denied a lawyer means Gideon; state vs. federal law means the Supremacy

Clause.

5. Pace yourself. Aim for about a minute per question so you finish all 80 with time to review

flagged items.

6. Never leave a blank. 48 of 80 passes, so answer every question; guess after eliminating.

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Page 19: Must-know on Friday morning

1. 80 questions, about 20 per competency; 48 correct (60%) passes.

2. Locke: natural rights and consent of the governed. Montesquieu: separation of powers.

3. Rome was a republic; Athens was a direct democracy; the U.S. is a constitutional republic.

4. The referendum is the modern practice most like Athenian democracy.

5. Rule of law: no one, even the president, is above the law.

6. Articles I, II, III: Congress, president, courts. IV states, V amendments, VI supremacy, VII

ratification.

7. Amend: 2/3 of Congress proposes, 3/4 of states ratify.

8. Supremacy Clause settles state vs. federal conflicts; the 10th reserves leftover powers to

states.

9. Necessary and Proper Clause gives implied powers (McCulloch).

10. Selective incorporation applies the Bill of Rights to states through the 14th Amendment.

11. 1st speech and religion, 2nd arms, 4th searches, 5th self-incrimination and due process,

6th lawyer, 8th cruel and unusual.

12. 13th ended slavery, 14th citizenship and equal protection, 15th race and voting, 19th

women, 26th age 18.

13. House impeaches; Senate removes with 2/3.

14. Declaration: Jefferson, 1776. Constitution: Madison, 1787. Bill of Rights: 1791.

15. Massachusetts Constitution (1780, John Adams): "a government of laws and not of men."

16. Articles of Confederation: too weak; no power to tax.

17. Northwest Ordinance 1787 banned slavery in the territory and inspired the 13th.

18. Mayflower Compact: self-government; precedent for the Constitution.

19. Federalist 10 factions, 51 checks and balances (Madison); 78 judiciary, 84 no bill of rights

needed (Hamilton).

20. Brutus No. 1: Anti-Federalist; a big republic will crush the states.

21. Marbury: judicial review. Brown: overturned Plessy. U.S. v. Nixon: no one above the law.

22. Gideon: lawyer provided. Miranda: rights read. Mapp: illegal evidence excluded.

23. Korematsu: civil liberties lost to national security (EO 9066).

24. Truman's EO 9981 desegregated the military; Eisenhower sent troops to Little Rock.

25. Gulf of Tonkin 1964 widened war powers; War Powers Resolution 1973 limited them.

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Page 20: Sources

FLDOE Supplemental Guide for the FCLE (Mar 31, 2022)

FLDOE FCLE Sample Items (Apr 6, 2022)

Your 1,000-question practice bank (PDF and spreadsheet)

fclepractice.com, free FCLE study guide and practice tests

Want more? Work through the learning path, read the study guide, or take a realistic exam.