COMPETENCY ONE

Locke and Consent of the Governed / Social Contract

• John Locke proposed that individuals enter into a social contract to form a government.
• The legitimacy of political authority derives from the consent of the governed.
• Citizens’ active participation and agreement with the government’s actions are crucial for its
legitimacy and functioning.

Checks and Balances / Separation of Powers / Montesquieu and Limited Government

• Montesquieu advocated for the separation of powers to prevent tyranny and concentration of authority.
• The three branches of government (Legislative, Executive, and Judicial) have distinct roles and
functions.

Motivations, Purpose, and Practice of Checks and Balances

• The purpose is to ensure no single branch becomes too powerful and to foster government
accountability.
• Each branch has the ability to limit and check the powers of the other branches.

Rule of Law - Essential Component of Democratic Government

• The rule of law ensures that government actions are bound by legal principles and constraints.
•

Limits on the Use of Power by Government

• The rule of law places restrictions on the exercise of government power, protecting individual rights
and promoting justice and fairness.

Due Process - Fair Procedures Within the Boundaries of the Law

• Due process refers to the fair treatment of individuals in legal proceedings.
• It guarantees that individuals are entitled to certain legal procedures and protections.

The Justice System and How It Works

• Due process is upheld through the justice system, where accused individuals have the right to a fair trial
• and legal representation.

Equality Under the Law - Equal Treatment and Equal Protection Without the Guarantee
of Equal Outcomesof the Law
• Equality under the law means that all individuals are entitled to the same treatment and protection,
regardless of differences.

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Popular Sovereignty - Government is Created by and Subject to the Will of the People
• Popular sovereignty asserts that the ultimate source of authority lies with the people.
• Government exists to serve the people and govern based on their consent.

Connect these Ideas to the Founding Documents

•
sovereignty as the foundation of the government.

Natural Rights and Natural Law

As Understood by the Founders and Seen in Our Founding Documents

• The Founders believed in natural rights that are inherent to all individuals, such as life, liberty
• and property.
•

Federalism
What Does Federalism Look Like in Theory and in Practice
• Federalism is a system of government where power is shared between the national (federal) government and
state governments.
• Both levels of government have distinct powers and responsibilities.

•
identity.

Individual Liberty

• The Founders believed in safeguarding individual liberties, including political and religious freedoms.
• The First Amendment protects freedom of speech, religion, and assembly

• Religious liberty has evolved to protect diverse beliefs and prevent government interference in religious
matters.

Republicanism and Representative Democratic Government - The Constitutional Guarantee

of a Republican

• The Constitution guarantees that each state will have a republican form of government where citizens elect
representatives to make decisions on their behalf.

• The United States combines democratic principles, where the people have a voice, with republican principles,
where representatives govern within the framework of the Constitution.

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 • Republican government involves elected representation, while democratic government directly involves the
people in decision-making.

• The United States operates as a constitutional republic where elected representatives govern according to
the Constitution’s framework.

• The Founders feared the potential for majority tyranny in a purely democratic government and sought to
protect minority rights.
Constitutionalism - Adherence to a Constitutional Form of Government
• Constitutionalism means that government actions are limited by the Constitution.
• The Constitution serves as the supreme law of the land.

• Constitutionalism establishes a system of checks and balances, preventing the abuse of power and ensuring
government accountability.
Majority Rule and Minority Rights

• Majority rule means that decisions are made based on the majority’s preferences.
• Minority rights protect the interests of individuals and groups from potential oppression by the majority.
Equal Protection

• Equal protection under the law ensures that all individuals are treated equally by the government.
• The Fourteenth Amendment prohibits states from denying equal protection to any person within their
jurisdiction.
Bill of Rights and the Protections of Civil Rights and Liberties

•
and liberties.
• Reasons for and Ways in Which Rights and Liberties Guaranteed Under the Bill of Rights May Be Limited
• Rights and liberties may be limited in certain situations to protect public safety, national security, or to balance

Elections

• Free and fair elections are essential for a functioning democracy, ensuring that the people’s will is accurately

• Elections at the state and federal levels involve voting, campaigning, and the electoral process to choose
representatives and leaders.

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 COMPETENCY TWO

Articles of the United States Constitution

Article I: The Legislative Branch

• Article I establishes the bicameral Congress, consisting of the Senate and the House of Representatives.

• It outlines the powers, responsibilities, and limitations of the legislative branch.

Article II: The Executive Branch
•

• It outlines the President’s powers and responsibilities, including their role as the Commander-in-Chief of the
Armed Forces.
Article III: The Judicial Branch
• Article III establishes the federal judiciary, including the Supreme Court and other federal courts.

• It outlines the jurisdiction and powers of the judicial branch to interpret laws and ensure their constitutionality.

• Federal courts are established by Article III to hear cases involving federal law, disputes between states, and
cases involving foreign governments or treaties.

General Content of Articles IV-VII

Article IV: The Full Faith and Credit Clause and the Admittance of New States
• The Full Faith and Credit Clause requires states to recognize and respect the public acts, records, and judicial
proceedings of other states.

• Article IV also outlines the process for admitting new states to the Union.
Article V: The Amendment Process
• Article V describes the process for amending the Constitution, requiring approval by two-thirds of both houses
of Congress or by a constitutional convention called by two-thirds of the state legislatures.
Article VI: The Supremacy Clause
• The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme law of the

• Article VII describes the process for ratifying the Constitution, requiring the approval of nine out of thirteen
states.

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Expressed/Enumerated/Delegated and Implied Powers
• The Constitution grants powers to the federal government, which can be categorized as expressed,
enumerated, or delegated powers, explicitly listed in the Constitution.

• Implied powers are derived from the necessary and proper (elastic) clause, allowing Congress to make laws
necessary for executing its other powers.

Amendments and Selective Incorporation

The Amendment Process
• The Amendment Process allows the Constitution to adapt to changing times and societal values through a
deliberate and rigorous process.

• Amendments require approval by two-thirds of both houses of Congress or by a constitutional convention

called by two-thirds of the state legislatures.

•
and religion.

• Later amendments expanded civil rights, including the Thirteenth Amendment abolishing slavery and the
Nineteenth Amendment granting women’s suffrage.

• The Constitution safeguards individual rights through the Bill of Rights and the Fourteenth Amendment’s Due
Process Clause.

• The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.

Society
• Amendments, such as the Fifteenth and Nineteenth Amendments, expanded voting rights and civic
participation.

• Amendments like the Twenty-Sixth Amendment lowered the voting age, increasing youth participation.

• The Bill of Rights initially applied only to the federal government but later extended to the states through the
Fourteenth Amendment’s selective incorporation.

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Federalists vs. Anti-Federalists
United States Constitution
•
national interests.

•
liberties.

• Anti-Federalists demanded a Bill of Rights to protect individual freedoms from potential government abuse.

• Clauses of the United States Constitution

• Supremacy Clause:

• Full Faith and Credit Clause: Requires states to recognize and respect the public acts and legal decisions of
other states.

• Commerce Clause: Grants Congress the power to regulate interstate and international commerce.

• Emoluments Clause:

• Due Process Clause: Ensures that individuals have a fair and impartial legal process.

• Equal Protection Clause: Guarantees equal treatment under the law for all individuals.

• Necessary and Proper/Elastic Clause: Allows Congress to enact laws necessary to execute its enumerated
powers.

• First Amendment Clauses: Protect freedom of religion, speech, press, assembly, and petition.

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 COMPETENCY THREE
Declaration of Independence (1776)

•
emphasized natural rights and the consent of the governed.

• Enlightenment ideas promoted the belief that governments should exist to protect citizens’ rights and that
people have the right to alter or abolish oppressive governments.

•
and checks and balances found expression in the U.S. Constitution.

• The Declaration laid the groundwork for the principles of individual liberty, equality, and popular sovereignty,
which are fundamental to the American constitutional republic.

• It established the idea that governments derive their just powers from the consent of the governed.

• The principles articulated in the Declaration paved the way for the expansion of civil rights over time, leading
to the abolition of slavery, women’s suffrage, and the civil rights movement.

The Constitution of Massachusetts (1780)

• The Constitution of Massachusetts served as a model for other state constitutions and the U.S. Constitution.

• It included provisions for the separation of powers and a bill of rights, contributing to the framework of the
American constitutional system.

The Articles of Confederation (1781)

•
evident in the earlier colonial charters and state constitutions.

• The Articles represented an early attempt at forming a central government while preserving states’ rights.

• However, the weaknesses of the Articles highlighted the need for a stronger federal government, leading to
the Constitutional Convention.

• The Articles’ strengths included organizing the states during the Revolutionary War, but their weaknesses,
such as lack of taxation power, revealed the necessity for a new Constitution.

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The Northwest Ordinances (1784, 1785, 1787)
•
ensuring the orderly expansion of the nation’s territories.

Federalist Papers

• The Federalist Papers, authored by Alexander Hamilton, James Madison, and John Jay, explained the principles

federal government.

• The Federalist Papers aimed to counter Anti-Federalist arguments and persuade the public to ratify the
Constitution.

• They emphasized the need for a strong national government, separation of powers, and protection of
individual liberties.

United States Constitution (1787)

• The Constitution incorporated Enlightenment principles of limited government and the protection of individual
rights.

• The Constitution embodies principles of popular sovereignty, federalism, separation of powers, and individual
rights.

• The framework of the Constitution allowed for the expansion of civil rights through amendments and judicial interpretation.

• The Constitution addressed the weaknesses of the Articles of Confederation and offered a more stable and effective government, as
advocated in the Federalist Papers.
Bill of Rights (1791)
• The Bill of Rights drew inspiration from various sources, including state declarations of rights and
• Enlightenment principles.

• The Bill of Rights provided a foundation for the expansion of civil rights through its protection of individual liberties.

• The Bill of Rights reaffirmed the principles of individual freedom and limited government, safeguarding citizens› rights.

• The inclusion of the Bill of Rights in the Constitution reassured Anti-Federalists that their concerns about individual liberties were addressed.

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Magna Carta (1215)
• The Magna Carta, issued in 1215, was influenced by earlier documents such as the Charter of Liberties (1100) and the Coronation Charter
(1100).
• The Magna Carta marked a pivotal moment in history, as it established the principle that the king›s power was not absolute and that even
the monarchy was subject to the law.
Mayflower Compact (1620)
• The Mayflower Compact was influenced by the ideas of social contract theory, which can be traced back to medieval theologians and
philosophers.
• It was inspired by the Pilgrims› desire for self-government and the belief that individuals should collectively agree to establish a just and
equal society.
English Bill of Rights (1689)
• The English Bill of Rights was influenced by documents such as the Magna Carta and the Petition of Right (1628).
• It reflected the struggle for individual liberties against royal absolutism, emphasizing the rights of
• Parliament, fair trials, and freedom from cruel and unusual punishment.
Common Sense (1776)
• «Common Sense» by Thomas Paine was influenced by Enlightenment thinkers like John Locke and the ideas of natural rights and the social
contract.
• Paine›s pamphlet advocated for American independence from British rule, promoting the principles of self-governance and democratic
representation.
Virginia Declaration of Rights (1776)
• The Virginia Declaration of Rights was influenced by documents like the English Bill of Rights and
• Enlightenment thinkers like John Locke and Montesquieu.
• It served as a model for the Bill of Rights in the U.S. Constitution and laid the groundwork for individual rights and the protection of
personal freedoms.
Anti-Federalist Papers (e.g., Brutus 1) - Arguments in Favor of Ratification of the United States
Constitution
• The Anti-Federalist Papers, including Brutus 1, presented arguments against the ratification of the U.S.
• Constitution, fearing it would consolidate power and endanger individual liberties.
• These papers voiced concerns about the lack of a Bill of Rights and the potential for an overreaching central government.

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 Landmark Supreme Court Cases

Marbury v. Madison (1803)

This landmark case established the principle of judicial review, which grants the Supreme Court the authority to review and invalidate
laws or actions that are found to be unconstitutional. Chief Justice John Marshall›s decision solidified the Court›s role as the ultimate
interpreter of the Constitution.
McCulloch v. Maryland (1819)

In this case, the Supreme Court upheld the constitutionality of the establishment of a national bank and affirmed the principle of implied
powers. The decision clarified that Congress has the authority to take actions not explicitly mentioned in the Constitution, as long as they
are necessary and proper to carry out its enumerated powers.
Dred Scott v. Sandford (1857)

This controversial decision denied citizenship to African Americans, stating that they were not considered citizens and had no rights
under the Constitution. The ruling also declared that Congress could not prohibit slavery in the territories, further exacerbating tensions
between the North and South over the issue of slavery.
Plessy v. Ferguson (1896)

The Supreme Court›s decision in Plessy v. Ferguson established the «separate but equal» doctrine, which allowed racial segregation in
public facilities as long as they were deemed equal. This decision upheld the constitutionality of racial segregation and was eventually
overturned by Brown v. Board of Education.
Schenck v. U.S. (1919)

In this case, the Court ruled that free speech could be limited when it presents a «clear and present danger» to the government or society.
The decision set a precedent for evaluating limitations on speech during times of war or national security concerns.
Korematsu v. United States (1944)

This case upheld the constitutionality of the forced relocation and internment of Japanese Americans during World War II. The decision
was widely criticized and has since been discredited for its violation of civil liberties and equal protection rights.
Brown v. Board (1954)

In this landmark case, the Supreme Court overturned Plessy v. Ferguson and declared racial segregation in public schools unconstitutional.
The unanimous decision marked a significant step in the civil rights movement and aimed to desegregate schools nationwide.
Mapp v. Ohio (1961)

This case established the exclusionary rule, which prohibits the use of evidence obtained illegally in criminal trials. The decision
strengthened Fourth Amendment protections against unreasonable searches and seizures.

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Baker v. Carr (1962)

In this case, the Court ruled that federal courts could intervene in cases involving alleged gerrymandering, ensuring more equal
representation in state legislative districts. The decision marked a significant development in protecting the principle of “one person, one
vote.”
Engel v. Vitale (1962)

The Supreme Court held that prayer sponsored by the government in public schools violated the First Amendment’s establishment clause,
which prohibits the government from endorsing or promoting religion.
Gideon v. Wainwright (1963)

In this case, the Court established that the Sixth Amendment guarantees the right to counsel for criminal defendants in state courts. This
decision ensured that individuals who cannot afford an attorney would be provided with one.
Miranda v. Arizona (1966)

The Court ruled that individuals in police custody must be informed of their rights before being interrogated, leading to the creation of
the Miranda warning. This decision protected the Fifth Amendment right against self-incrimination.
Tinker v. Des Moines (1969)

This case affirmed that students’ First Amendment rights are protected in public schools. The Court held that students’ right to free
speech could not be restricted unless it significantly disrupted the school’s operations.
New York Times v. United States (1971)

The Court ruled in favor of the New York Times and the Washington Post, asserting the right of newspapers to publish classified
information (Pentagon Papers) without prior restraint from the government. This decision upheld First Amendment protections for
freedom of the press.
Wisconsin v. Yoder (1972)

The Court held that the state’s interest in compulsory education did not outweigh the Amish parents’ First Amendment right to freedom
of religion. This decision allowed the Amish to remove their children from public schools after the eighth grade.
Roe v. Wade (1973)

This landmark case recognized a woman›s constitutional right to have an abortion under the right to privacy implied in the Fourteenth
Amendment. The decision established a woman›s right to choose abortion during the first trimester.
United States v. Nixon (1974)

The Court unanimously ruled against President Richard Nixon, holding that executive privilege did not allow him to withhold evidence
during the Watergate investigation. This decision reaffirmed the principle of checks and balances and the rule of law.

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Regents of the University of California v. Bakke (1978)
The Court ruled that affirmative action programs in college admissions were constitutional but could not use racial quotas. The decision allowed
considering race as one factor among others to achieve diversity.
Hazelwood v. Kuhlmeier (1988)
The Court held that school officials could censor student speech in school-sponsored activities like student newspapers, as long as the censorship is
reasonably related to educational concerns.
Texas v. Johnson (1989)
The Court ruled that flag burning as a form of protest is protected by the First Amendment as expressive speech. The decision upheld an individual›s
right to engage in symbolic speech.
Shaw v. Reno (1993)

The Court held that racial gerrymandering, redrawing electoral districts to favor a particular race, was unconstitutional under the Equal
Protection Clause of the Fourteenth Amendment.
U.S. v. Lopez (1995)

The Court struck down a federal law (Gun-Free School Zones Act) on the grounds that it exceeded Congress›s power under the
Commerce Clause. This decision reaffirmed the importance of federalism and limited federal authority.
Bush v. Gore (2000)

In a controversial ruling, the Court effectively ended the Florida recount in the 2000 presidential election, leading to George W. Bush›s
victory. The decision was based on equal protection concerns regarding the inconsistent recounting methods.
District of Columbia v. Heller (2008)

The Court held that the Second Amendment protects an individual’s right to possess firearms for self-defense within the home, affirming
an individual rights interpretation of the Amendment.
McDonald v. Chicago (2010)

This case extended the individual right to bear arms, recognized in Heller, to state and local governments, ensuring that they could not
infringe on this right.
Citizens United v. FEC (2010)

The Court ruled that political spending by corporations and unions, including for independent electioneering communications, is
protected as free speech under the First Amendment. This decision led to increased campaign spending by outside groups.

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 Landmark Legislation

The Compromise of 1850:

The Compromise of 1850 was a series of legislative measures aimed at resolving the territorial and slavery issues arising from the Mexican-
American War. It admitted California as a free state, created a more stringent Fugitive Slave Act, and allowed popular sovereignty in
the territories of Utah and New Mexico. While it temporarily eased tensions, it failed to address the underlying causes of the Civil War.
Kansas-Nebraska Act of 1854:

The Kansas-Nebraska Act repealed the Missouri Compromise’s prohibition of slavery above the 36°30’ parallel and allowed popular
sovereignty to determine slavery’s status in Kansas and Nebraska territories. This led to intense conflict, violent clashes, and the formation
of two opposing governments in Kansas (Bleeding Kansas), further fueling sectional tensions between North and South.
Homestead Act of 1862:

The Homestead Act encouraged westward expansion by granting 160 acres of public land to settlers who agreed to develop and cultivate
it for at least five years. This law facilitated the settlement of the western frontier and played a vital role in promoting agricultural
development.
Pendleton Act of 1883:

The Pendleton Act established a merit-based civil service system, ending the spoils system of political appointments based on patronage.
It mandated that government jobs be awarded based on applicants’ qualifications and performance on competitive exams, reducing
corruption and increasing efficiency in government operations.
Various Civil Rights Acts between the 19th and 21st Centuries:

These Acts, including the Civil Rights Act of 1866, Civil Rights Act of 1964, and Civil Rights Act of 1991, aimed to protect and expand
civil rights for marginalized groups, prohibiting discrimination based on race, color, religion, sex, and national origin. They sought to
ensure equal opportunities and protections for all citizens.
Alien and Sedition Acts of 1798:

The Alien and Sedition Acts were a series of laws that allowed the government to detain or deport non-citizens and criminalize criticism
of the government. These controversial acts infringed upon freedom of speech and press, sparking significant opposition and contributing
to the development of the First Amendment’s protections.
USA PATRIOT Act of 2001:
Passed after the September 11, 2001, terrorist attacks, the USA PATRIOT Act expanded the government›s surveillance powers to counter terrorism.
Critics argued that it encroached upon individual privacy rights, leading to debates about balancing national security with civil liberties.

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Various Great Society-Related Acts:
The Great Society initiatives of the 1960s under President Lyndon B. Johnson aimed to eliminate poverty and racial injustice. Acts like the Civil
Rights Act of 1964, Medicare, Medicaid, and the Economic Opportunity Act of 1964 expanded social welfare programs, providing healthcare,
education, and economic opportunities to vulnerable populations.
New Deal-Related Acts:
The New Deal programs of President Franklin D. Roosevelt›s administration during the Great Depression sought to stimulate the economy, create
jobs, and regulate financial institutions. Acts such as the Social Security Act and the National Labor Relations Act brought about significant
expansions in social programs and workers› rights.
Patient Protection and Affordable Care Act of 2010:
Also known as the Affordable Care Act (ACA) or Obamacare, this act expanded access to healthcare by requiring individuals to have insurance
coverage, expanding Medicaid, and implementing healthcare market reforms. It aimed to increase health insurance affordability and improve
healthcare quality.
Clean Air Act of 1970:
The Clean Air Act sought to control air pollution, regulating emissions of harmful pollutants from industrial sources, vehicles, and other sources. It
established air quality standards and required states to develop plans to achieve and maintain those standards, leading to significant improvements
in air quality over time.
Tonkin Gulf Resolution of 1964:
The Tonkin Gulf Resolution granted President Lyndon B. Johnson the authority to use military force in Vietnam after alleged attacks on U.S. ships
in the Gulf of Tonkin. This resolution provided broad authorization for military action in Vietnam without a formal declaration of war, leading to
a significant escalation of the conflict.

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 Landmark Executive Actions

Treaty of Paris of 1898:

The Treaty of Paris ended the Spanish-American War and ceded several territories to the United States, including Puerto Rico, Guam,
and the Philippines. It marked a significant expansion of U.S. influence in the Pacific and Latin America.
Louisiana Purchase of 1803:
The Louisiana Purchase was a land acquisition from France, doubling the size of the United States. President Thomas Jefferson’s purchase
included present-day parts of 15 states, opening up vast territories for westward expansion.
Adams-Onis Treaty of 1821:
The Adams-Onis Treaty settled the boundary dispute between the United States and Spain. The U.S. acquired Florida and established a
clear western boundary between Spanish and U.S. territories, further expanding American territory.
Suspensions of Habeas Corpus:
During times of crisis or war, Presidents have suspended habeas corpus to detain individuals without a trial. For instance, President
Abraham Lincoln suspended habeas corpus during the Civil War to deal with threats to national security.
Japanese-American Internment:
During World War II, President Franklin D. Roosevelt issued Executive Order 9066, leading to the forced relocation and internment of
Japanese Americans, infringing upon their civil liberties and constitutional rights.
Enforcement of Civil Rights-Related Supreme Court Decisions:
Presidents have played a crucial role in enforcing Supreme Court decisions related to civil rights, such as President Dwight D. Eisenhower
sending federal troops to enforce school desegregation after the Brown v. Board of Education decision.
Military Desegregation:
President Harry S. Truman issued Executive Order 9981 in 1948, ending racial segregation in the U.S. military. This marked a significant
step toward desegregation in the armed forces.
Affirmative Action:
President Lyndon B. Johnson issued Executive Order 11246 in 1965, requiring federal contractors to take affirmative action to ensure equal
employment opportunities for minority groups. This aimed to address historical discrimination and promote diversity.
The Presidential «Bully Pulpit»:
The term «bully pulpit» refers to the President›s use of their prominent position to advocate for policies, reforms, and programs. Presidents have
used their influence to gain public support for initiatives, such as Theodore Roosevelt›s advocacy for progressive reforms and Franklin D. Roosevelt›s
New Deal programs.
Presidential War Powers:
The Constitution grants the President war powers as the Commander-in-Chief, allowing them to make critical military decisions during conflicts.
Presidents have used these powers to engage in military actions, like President George W. Bush›s authorization for the War on Terror after the
September 11 attacks.

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