FCLEPractice

FCLE Glossary

Key civics terms for the Florida Civic Literacy Exam, with a link to the study-guide section that explains each one.

A

Amendment
A formal change or addition to the Constitution, made through the process in Article V. Read more
Anti-Federalists
Opponents of ratifying the Constitution in 1787–1788. They feared a strong national government and demanded a bill of rights. Read more
Appellate jurisdiction
A court's authority to review decisions of lower courts. Read more
Apportionment
The division of the 435 House seats among the states according to population, recalculated after each census. Read more
Articles of Confederation
The first national constitution (ratified 1781). It created a weak central government with no power to tax or regulate commerce. Read more

B

Bicameral
Having two legislative chambers. Congress is bicameral: the House of Representatives and the Senate. Read more
Bill of attainder
A law that punishes a specific person or group without a trial. Article I forbids both Congress and the states from passing them. Read more
Bill of Rights
The first ten amendments to the Constitution, ratified in 1791, which protect individual liberties and limit government. Read more
Bully pulpit
Theodore Roosevelt's term for the president's ability to use the visibility of the office to persuade the public. Read more

C

Cabinet
The heads of the executive departments, who advise the president. Article II lets the president require their written opinions. Read more
Census
The count of the population required every ten years by Article I. It is used to apportion House seats. Read more
Checks and balances
The system in which each branch of government can limit the powers of the other branches. Read more
Citizenship
Membership in a nation, with its rights and responsibilities. The Fourteenth Amendment defines U.S. citizenship by birth or naturalization. Read more
Civil liberties
Individual freedoms protected from government interference, such as speech, religion, and the rights of the accused. Read more
Commerce Clause
Article I, Section 8 power of Congress to regulate commerce with foreign nations, among the states, and with Indian tribes. Read more
Common Sense
Thomas Paine's 1776 pamphlet attacking monarchy and urging American independence. Read more
Concurrent powers
Powers shared by the national and state governments, such as taxing, borrowing, and making courts. Read more
The idea that a government's legitimate authority comes from the agreement of the people. Read more
Constitutionalism
The principle that government is created by, and limited by, a written fundamental law. Read more
Cruel and unusual punishment
Punishment forbidden by the Eighth Amendment. Read more

D

Declaration of Independence
The 1776 statement, drafted mainly by Thomas Jefferson, announcing that the colonies were free of British rule and explaining why. Read more
Delegated (expressed) powers
Powers specifically granted to the national government by the Constitution, such as coining money and declaring war. Read more
Democracy
Government by the people. In a direct democracy citizens vote on laws themselves; in a representative democracy they elect officials. Read more
Dissenting opinion
A written opinion by a justice who disagrees with the Court's decision. Read more
Double jeopardy
Being tried twice for the same offense, which the Fifth Amendment forbids. Read more
Due process
The requirement that government follow fair procedures and respect fundamental rights before taking a person's life, liberty, or property. Read more
Due Process Clauses
The clauses of the Fifth Amendment (federal government) and the Fourteenth Amendment (states) guaranteeing due process of law. Read more

E

Electoral College
The system set up by Article II and the Twelfth Amendment in which electors chosen in each state formally elect the president and vice president. Read more
Eminent domain
The government's power to take private property for public use. The Fifth Amendment requires just compensation. Read more
Emoluments Clauses
Clauses barring federal officials from accepting gifts, offices, or titles from foreign states without Congress's consent, and limiting the president's compensation. Read more
Enumerated powers
Another name for the expressed powers listed in the Constitution, especially those of Congress in Article I, Section 8. Read more
Equal protection
The Fourteenth Amendment guarantee that states may not deny any person the equal protection of the laws. Read more
Equality under the law
The principle that the same laws apply to all people. It promises equal treatment, not equal outcomes. Read more
Establishment Clause
The First Amendment clause forbidding Congress from establishing an official religion. Read more
Ex post facto law
A law that makes an act a crime after it was committed or increases the punishment afterward. Forbidden by Article I. Read more
Exclusionary rule
The rule that evidence obtained through an illegal search cannot be used at trial. Applied to the states in Mapp v. Ohio. Read more
Executive agreement
An agreement between the president and a foreign leader that does not require Senate approval. Read more
Executive order
A directive from the president to the executive branch that has the force of law if based on the Constitution or a statute. Read more

F

Faction
James Madison's term in Federalist No. 10 for a group united by an interest or passion adverse to the rights of others or the public good. Read more
Federalism
The division of power between the national government and the state governments. Read more
Federalist Papers
Eighty-five essays by Alexander Hamilton, James Madison, and John Jay, published 1787–1788 under the name Publius, urging ratification of the Constitution. Read more
Federalists
Supporters of ratifying the Constitution and of a stronger national government. Read more
Filibuster
A Senate tactic of extended debate to delay or block a vote on a bill. Read more
Free Exercise Clause
The First Amendment clause protecting the right to practice one's religion. Read more
Full Faith and Credit Clause
Article IV clause requiring each state to honor the public acts, records, and court proceedings of other states. Read more

G

Gerrymandering
Drawing election district lines to give one party or group an advantage. Read more
Grand jury
A jury that decides whether there is enough evidence to charge someone with a serious federal crime (Fifth Amendment). Read more
Great Compromise
The Constitutional Convention agreement creating a House based on population and a Senate with equal representation for each state. Read more

H

Habeas corpus
A court order requiring the government to bring a prisoner before a judge and justify the detention. Article I limits its suspension. Read more

I

Impeachment
The House's formal accusation of a federal official. The Senate then holds the trial; conviction needs two-thirds of senators present. Read more
Implied powers
Powers not listed in the Constitution that Congress may use to carry out its listed powers, based on the Necessary and Proper Clause. Read more
Incorporation (selective)
The process by which the Supreme Court has applied most Bill of Rights protections to the states through the Fourteenth Amendment. Read more
Individual liberty
The freedom of each person to act, believe, and speak without unreasonable government interference. Read more
Inherent powers
Powers that belong to a national government simply because it is a sovereign nation, such as conducting foreign relations. Read more

J

Judicial review
The power of courts to declare laws and government actions unconstitutional. Established in Marbury v. Madison (1803). Read more

L

Limited government
The principle that government has only the powers the people grant it in a constitution. Read more

M

Magna Carta
The 1215 English charter that limited the king's power and protected certain rights, including that free men could not be punished except by lawful judgment or the law of the land. Read more
Majority opinion
The written opinion explaining the Court's decision and reasoning, joined by a majority of the justices. Read more
Majority rule
The principle that decisions are made by more than half of those voting, balanced in the U.S. by protections for minority rights. Read more
Mayflower Compact
The 1620 agreement by which the Pilgrims formed a 'civil Body Politick' and promised to obey laws made for the general good. Read more
Miranda warnings
Warnings police must give suspects in custody before questioning, from Miranda v. Arizona (1966). Read more
Monroe Doctrine
President James Monroe's 1823 statement warning European powers against new colonization in the Western Hemisphere. Read more

N

Natural rights
Rights people have by nature, not given by government. Locke named life, liberty, and property; the Declaration names life, liberty, and the pursuit of happiness. Read more
Necessary and Proper Clause
The Article I, Section 8 clause (also called the Elastic Clause) letting Congress make all laws needed to carry out its powers. Read more
Northwest Ordinance
The 1787 law that set up government for the Northwest Territory, provided a path to statehood, protected rights, and banned slavery there. Read more

O

Original jurisdiction
A court's authority to hear a case first, rather than on appeal. Read more

P

Pardon
The president's Article II power to forgive federal offenses, except in cases of impeachment. Read more
Petit jury
A trial jury that hears evidence and decides guilt or liability. Read more
Pocket veto
When the president does not sign a bill and Congress adjourns within ten days (Sundays excepted), so the bill does not become law. Read more
Poll tax
A fee required to vote. The Twenty-fourth Amendment banned poll taxes in federal elections. Read more
The principle that political power belongs to the people. Before the Civil War, the term also meant letting settlers of a territory decide on slavery. Read more
Preamble
The opening sentence of the Constitution, beginning 'We the People,' which states its purposes. Read more
Precedent
A prior court decision that guides decisions in later similar cases (stare decisis). Read more
Primary election
An election in which voters choose a party's candidates for a later general election. Read more
Prior restraint
Government action blocking speech or publication before it happens. Strongly disfavored, as in New York Times Co. v. United States. Read more

R

Ratification
Formal approval. The Constitution took effect after nine states ratified it (Article VII). Read more
Republic
A government in which power rests with the people, who elect representatives to make laws. Read more
Reserved powers
Powers kept by the states or the people under the Tenth Amendment, such as running elections and public schools. Read more
Rule of law
The principle that everyone, including government officials, must follow the law. Read more

S

Separation of powers
Dividing government power among legislative, executive, and judicial branches. Read more
Social contract
The idea that people agree to form a government and give up some freedoms in exchange for protection of their rights. Read more
Strict scrutiny
The most demanding test courts use: a law must serve a compelling government interest and be narrowly tailored. Read more
Suffrage
The right to vote. Read more
Supremacy Clause
The Article VI clause making the Constitution, federal laws, and treaties the supreme law of the land. Read more

T

Three-Fifths Compromise
The Convention agreement counting three-fifths of enslaved people for representation and direct taxes. Ended by the Fourteenth Amendment. Read more
Treaty
A formal agreement with another nation, made by the president with the advice and consent of two-thirds of the senators present. Read more

U

Unalienable rights
Rights that cannot be taken away or given up. The Declaration of Independence names 'Life, Liberty and the pursuit of Happiness.' Read more

V

Veto
The president's power to reject a bill. Congress can override a veto by a two-thirds vote in each house. Read more

W

Writ of certiorari
An order by which the Supreme Court agrees to review a lower court's decision. Read more