Florida Civic Literacy Exam (FCLE)

What is the FCLE?

• The Florida Civic Literacy Exam (FCLE) is a state required
assessment for students graduating from a two-year college.

• Students must pass with a 48/80 (60%) to satisfy the

requirement.

• The requirement was put in place starting Fall 2021 for all A.A.
students and Fall 2022 for all A.S. students.

• Click here for instructions to determine if you need to take the

FCLE:
https://valenciacollege.edu/students/assessments/documents/d
o-you-need-the-fcle.pdf
Components of the FCLE
American Democracy (20 questions)
Understanding of the basic principles and practices of American democracy and how they are
applied in our republican form of government.

United States Constitution (20 questions)

An understanding of the United States Constitution and its application.

Founding Documents (20 questions)

Knowledge of the founding documents and how they have shaped the nature and functions of
our institutions of self-government.

Landmark Impact on Law and Society (20 questions)

An understanding of landmark Supreme Court cases, landmark legislation and landmark
executive actions and their impact on law and society.
 • Engage with the Valencia Canvas space
• Do the practice quizzes
• Use the FCLE Quizlet (there are a few available
online)
• Practice the U.S. immigration quizzes
• This will help on the American democracy quiz
• Memorize the basics
• Know the names of the founding documents
Study Tips • Know one or two sentences that describe the purpose of
each
• Know your amendments
• Know basics about Landmark supreme court cases
• Topic, question, ruling of the Court, favor state or fed
gov, and precedent it set.
• Memorize terms of office for the three branches of
federal gov’t.
• Remember, you only need to get 48/80! Study
strategically!
 • After reviewing the content in this module, you
will be able to answer the following questions:
• How does the Magna Carta provide a
foundation for the English perspective of
participatory governance?
• What led to the creation of the
English Declaration of Rights (sometimes known
as the "English Bill of Rights") in 1689?
• What were the key specific rights listed by the
English Declaration of Rights?
• How do the writings of Hobbes and Locke
inform or connect to the English Declaration of
Rights?
• What is the connection between the
English Declaration of Rights and the
revolutionary writings of the Americans,
including the Stamp Act Congress' Declaration of
Rights, 1st Continental Congress Declaration and
Resolves, and the 2nd Continental
Congress Declaration of Rights?
• How is the debate over the first amendments to
the Constitution informed by English Declaration
of Rights?
• What does the Mayflower Compact suggest
about what the earliest founders thought about
forming government?
• How do the writings of Montesquieu inform the

Founding Documents structure of The Constitution?

 Magna Carta
Mayflower Compact
English Bill of Rights

Key Locke's Two Treatises of Government

Documents Stamp Act

Declaration of Independence
Articles of Confederation
U.S. Constitution
Magna Carta (1215)

• Magna Carta, which means 'The Great

Charter', is one of the most important
documents in history as it established the
principle that everyone is subject to the law,
even the king, and guarantees the rights of
individuals, the right to justice and the right
to a fair trial.
Mayflower Compact
(1620)
• In 1620 after the arrival of the small ship The Mayflower to the
North American coast, the passengers felt it was vital to construct
an agreement among themselves to regulate their situation. This
document is considered by many one of the most important
founding documents of the United States. They would agree to
several things:
• the colonists would remain loyal subjects to King James
despite their need for self-governance
• the colonists would find success through working together
in community.
• the colonists would create and enact “laws, ordinances,
acts, constitutions and offices…” for the good of the
colony, and abide by those laws
• the colonists would create early idea of government
together creating “equal and just laws” that included
every citizen, though at this point there would have been
restrictions on who the citizens were exactly. Note that
only the males sign the document.
• the colonists would live in accordance with the Christian
faith, but that faith was not going to be any sort of
political determinate as "the strangers" (non-Separatists
passengers on The Mayflower, possibly non-Christians); all
were considered equal under the confines of the
document
English Bill of
Rights (1689)
• The English Bill of Rights
created a constitutional
monarchy in England, meaning
the king or queen acts as head of
state but his or her powers are
limited by law.
• Under this system, the monarchy
couldn't rule without the consent
of Parliament, and the people
were given individual rights
English v.
U.S. Bill of
Rights
Enlightenment
Era
• The Enlightenment – the great 'Age of
Reason' – is defined as the period of
rigorous scientific, political and
philosophical discourse that
characterized European society during
the 'long' 18th century: from the late
17th century to the ending of the
Napoleonic Wars in 1815
• Notable Figures and their Work:
• Thomas Hobbes, Leviathan
• John Locke, Two Treatises on
Government
• Baron de Montesquieu, Spirit of the
Laws
• Jean Jacques Rousseau, Social
Contract
 The Founding: Hobbes, Locke,
Montesquieu, and Rousseau.
The Founders were also influenced by thinkers,
including Hobbes, Locke, Montesquieu, and Rousseau.

• Hobbes is known for the “state of nature.” Viewed

government is necessary as we exist in a “state of
nature” otherwise. Government has a responsibility
to protect its subjects.
• John Locke argued that people had natural rights
including life, liberty, and property. Governments are
constructed to protect these rights and those that do
not lose the right to govern.
• Baron de la Brede et de Montesquieu argued for
separation of governing powers to create checks and
balances.
• Rousseau advocated for direct democracy and
believed popular sovereignty (rule by the people)
was essential to legitimate government.
"Join, or Die"

• Attributed to Benjamin Franklin

• 1754
• Published originally to encourage
unity among the colonies to join
the British in the French and
Indian War
• Later used to rally the colonies to
unite in the Revolutionary war
 • Much of this tax would be used to pay for the British debt after the long and
Stamp Act costly French and Indian War. The American colonists felt this was unfair
because they were not able to vote in parliamentary elections and
(1765) therefore had no voice in the matter.
• “No taxation without representation!”
First Continental
Congress (1774)
• The primary
accomplishment of the
First Continental Congress
was a compact among the
colonies to boycott British
goods beginning on
December 1, 1774, unless
parliament should rescind
the Intolerable Acts
• Led to the signing of the Declaration of Independence.
Declaration of
Independence
(1776)
• The Declaration of Independence states three
basic ideas:
• (1) belief that God made all men equal
and gave them the rights of life, liberty,
and the pursuit of happiness;
• (2) the main business of government is
to protect these rights;
• (3) if a government tries to withhold
these rights, the people are free to
revolt and to set up a new government.
• Primary authors were Thomas Jefferson,
John Adams, Benjamin Franklin, Robert
Livingston and Roger Sherman.
Articles of
Confederation
(1777 - 1788)
• The first attempt at gov't
after Independence.
• The Articles created a loose
confederation of sovereign
states and a weak central
government, leaving most of
the power with the state
governments. The need for a
stronger Federal government
soon became apparent and
eventually led to the
Constitutional Convention in
1787
 The Fight for Ratification

The Federalists:
• Favored a stronger central government
• Were united in their support for the Constitution
• Wrote a series of 85 essays known today as "The
Federalist Papers"
• Written by Alexander Hamilton, James Madison,
and John Jay.

The Antifederalists:
• Favored strong state government and a weak
national government
• Favored a more decentralized federal government
• Were divided over possible alternatives to the
Constitution
 The Fight for Ratification: Tyranny

• The Antifederalists were concerned

government would be controlled by a
wealthy elite.

• They feared the tyranny of a wealthy

minority.

• The Federalists feared a mass electorate

would align against the wealthy elite, who
would be the minority.

• They feared the tyranny of an

unsophisticated majority.
U.S. Constitution
• The United States Constitution is the fundamental
law of the United States of America.
• It was proposed on September 17, 1787, by the
Constitutional Convention in Philadelphia,
Pennsylvania.
• It was then ratified by conventions in each state. It
was ratified in June 1788.
• Went into effect in March 1789
• Seven articles create the framework for our current
system of government.
• Since its passage, there have been 27 amendments;
the first 10 are known as the Bill of Rights.
The Bill of
Rights (1791)
• The Bill of Rights is the first 10
amendments to the U.S.
Constitution. These
amendments guarantee
essential rights and civil
liberties, such as
• Freedom of religion
• Freedom of speech
• Right to bear arms
• Fair trial by jury
• Reserving rights to the people
and the states
 • What are the philosophies
and principles behind the
United Sates Constitution?
• How does the United States
Constitution structure the
federal government?
• What were the concerns of
Americans over the
Constitution during the
Ratification process?
• Why was the Bill of Rights
adopted?

U.S. Constitution
 Strong Centralized Government

Compromise
• The Great Compromise – created the bicameral
legislature with one house based on population and
the other on equal representation.
Constitutional • The 3/5 Compromise – enslaved people were
counted as 3/5 a person for purposes
Philosophy of representation in the House of Represenatives.

Diffused Power: Checks and Balances

Insulation Against Popular Democracy

Federalism
The Great Compromise

The Connecticut (or Great) Compromise

bridged the Virginia Plan and the New Jersey
Plan.

• The Great Compromise created a bicameral

legislature.

• The House: representatives apportioned

by the population in the state

• The Senate: equal representation for all

states, regardless of population
 The Question of Slavery: The Three-Fifths Compromise

To agree on the new Constitution, the slave and non-

slave states needed to reach a compromise.

The Three-Fifths Compromise:

• Seats in the House were apportioned by

“population,” according to which five slaves
would count as three free persons.

• The southern delegates insisted that the

northern delegates should agree to bargain on
this issue.
 Creation of the Federal System
United States is the first to create this
system.

Responsibilities divided at two levels of

government (state and national)

Constitution gives powers to Congress,

restricts states from certain powers, but
reserves the remaining powers for the
state.
The Constitution: The Legislative Branch

In Article I, the Constitution provided for a

Congress consisting of two chambers.
• House of Representatives and Senate
• House is the chamber designed to
represent "the people"
• The Senate was originally designed to
represent states and guard
against “excessive democracy”
• The Senate alone was given power to ratify
treaties and approve presidential
appointments
• House given sole power to originate
revenue bills
The Constitution: The Legislative Branch, Part 2

Section 8 of Article I lists the powers of

Congress.
• Congress has the authority to:
• Collect taxes
• Borrow money
• Regulate commerce
• Declare war
• Maintain an army and navy
The Constitution: The Legislative Branch, Part 3
Expressed powers and implied powers

• Expressed powers (enumerated powers)

• Specific powers granted by the Constitution to Congress and the
president

• Implied powers
• Also known as the necessary and proper clause or the elastic clause of
the Constitution
• Gives Congress the power to make all laws “necessary and proper” to
carry out enumerated powers
 The Constitution: The Executive Branch

The Constitution provided for the establishment of a

presidency in Article II.

• Executive branch powers:

• The president can
• negotiate treaties (with approval of the
Senate)
• receive ambassadors from other countries
• grant reprieves and pardons
• appoint major departmental personnel
• veto congressional enactments
• Is commander and chief of the military
Presidential elections

Presidents are elected for four year terms.

• Presidents are limited to two four-year terms by the 22nd

amendment passed in 1951.

Presidents are elected by the electoral college.

• This means presidents are elected indirectly.

• A state has as many electors as it has members of Congress
(Senate (2) + HOR (by population)
• Originally, electors were chosen by the state legislatures and
were expected to make an independent assessment of the
candidates and vote accordingly.
• Today, electors in most states (48) cast the formal electoral
college vote based on the outcome of the popular
election. So, if candidate X won in the state of Florida, then
the electors in FL would cast 29 votes for candidate X.
• ME and NE split their electoral college votes by
congressional district so do not use winner takes all.
The Constitution: The Judicial Branch
• The Constitution provided for establishment of
the judicial branch in Article III.

• The judicial branch:

• Includes the Supreme Court of the United

States
• Has the power to resolve conflicts between
federal and state laws
• Judges given lifetime appointments
• Supreme Court assumed power of judicial
review(the power to declare
laws unconstitutional) in the case
Marbury v. Madison 1803

Copyright © 2018 W. W. Norton & Company 38

Federalists versus Antifederalists
TABLE 2.2
Federalists versus Antifederalists
Who were they?
What did they believe?
What system of government did they
favor?
Who were their leaders?
FEDERALISTS
Property owners, creditors, merchants
Believed that elites were most fit to
govern; feared “excessive democracy”
Favored strong national government;
believed in “filtration” so that only
elites would obtain governmental
power
Alexander Hamilton, James Madison,
George Washington
ANTIFEDERALISTS
Small farmers, frontiersmen,
debtors, shopkeepers, some state
government officials
Believed that government should be
closer to the people; feared
concentration of power in hands of
the elites
Favored retention of power by state
governments and protection of
individual rights
Patrick Henry, George Mason,
Elbridge Gerry, George Clinton
The Fight for Ratification: Representation
The Antifederalists wanted representatives who shared the same financial
interests as those they represented.
They feared only the rich would be elected and that they would act
against everyone else’s interests.

The Federalists thought elections would serve to keep legislators concerned

about their constituents’ interests.
Contributions of the Federalists and Antifederalists

The Federalist vision triumphed, but a bill of rights (the first

ten amendments) was added to the Constitution as part of a
compromise.
The Constitution created a stronger national government, as
the Federalists wanted.

Yet the Antifederalists’ skepticism of a strong national

government remains popular with people today.
The Bill of
Rights (1791)
• The Bill of Rights is the first 10
amendments to the U.S.
Constitution. These
amendments guarantee
essential rights and civil
liberties, such as
• Freedom of religion
• Freedom of speech
• Right to bear arms
• Fair trial by jury
• Reserving rights to the people
and the states
Civil Rights
Amendments
• Amendment 13 (1865)
• Abolishes slavery
• Amendment 14 (1868)
• Defines citizenship, established due process
and equal protection
• Amendment 15 (1870)
• Prohibits denial of voting rights based on
race
• Amendment 19 (1920)
• Extends voting rights to women
• Amendment 24 (1964)
• Prohibits poll taxes
• Amendment 26 (1971)
• Extends suffrage to everyone 18 and older
Legislative Branch
Amendments
Executive Branch
Amendments
• Amendment 12 (1804)
• The President and Vice President will be
elected as a pair
• Amendment 20 (1933)
• The presidential term will begin January
20
• Amendment 22 (1951)
• Limits the presidential terms to two
• Amendment 23 (1961)
• DC can have electors participate in the
electoral college
• Amendment 25 (1967)
• Established presidential succession as
well as a procedure for filling a vacancy
in the presidential office
Amendments Regarding
the States
• Amendment 11 (1795)
• Makes states immune
from suits from out of
state citizens and
foreigners
• Amendment 18 (1919)
• Prohibits the
manufacturing or sale of
alcohol
• Amendment 21 (1933)
• Repeals the 18th
amendment
 • What is popular sovereignty?
• What rights/responsibilities are exclusive
to U.S. citizens?
• What is the difference between direct
and indirect democracy?
• What are other words for indirect
democracy?
• Why did the Framers choose to create a
republic?
• Which chamber of congress was created
to represents the voters?
• Which chamber represented the states?
• Who is responsible for registering voters
in the state of Florida?
• Know your government officials. Are
they elected? Appointed? By
whom? How long are the terms? What

Principles of American are the requirements to hold each office?

• What are the two major political parties
in the United States? What are some of
Democracy the policy positions of each party?
John Locke’s Social
Contract Theory
• Social Contract Theory
• Idea that individuals have consented some of
their freedoms and submitted to the
authority in exchange for the protection of
their natural rights to maintain a social order
• Government only exists by the consent of the
people in order to protect their natural rights
and promote the common good of society
• Consent of the Governed
• Refers to the idea that a government’s power
over the land and its legitimacy is only
justified when the people have consented or
agreed to it.

This Photo by Unknown Author is licensed under CC BY-NC-ND

Montesquieu and Limited
Government
• Limited Government
• General idea that there should be clear restrictions on
government and its rulers to prevent it from becoming
too powerful and to further protect the rights of the
people
• Montesquieu (1689-1755)
• Believed that the best type of government was one
where there were three separate powers, legislative,
executive, and judicial, that would keep one another in
check to prevent one branch from becoming too
powerful
Checks and
Balances
Key Principles of
American Law
• Rule of Law
• All laws apply equally to citizens and
government officials. No one is
above the law, and everyone is
subject to it.
• Due Process
• Established in the 5th Amendment, due
process is the requirement that
government cannot deprive a person of
their freedom or property without going
through the court system
• Equality Under the Law
• Established in the 14th Amendment, the
Equal Protection clause states that every
citizen must be treated equally under the
law.
 Popular Sovereignty

Popular sovereignty
means that
Popular sovereignty democratic
means that the government is BY THE
Rousseau was an
people are the PEOPLE AND FOR THE
advocate for popular
ultimate source of the PEOPLE—for the
sovereignty.
authority of their benefit of the people,
government. not for the benefit of
those who govern in
their name.
U.S. Citizenship
• Mandatory Duties
• Obey the law
• Paying taxes
• Jury duty
• Registering with the Selective Service
• Only for males ages 18 to 25
• Voluntary Responsibilities
• Voting
• Staying informed
• Community involvement
• Tolerance
• Respecting the diversity of opinions,
religion, cultures and ethnic groups.
• Passing it on
The United States: A Constitutional Republic
Direct Democracy
• A form of government where
citizens take part in the
administration of said government
• Policies are decided directly by the
people
• The legislature is the entire
community
• Suitable for smaller countries
Indirect Democracy (Republic)
• The U.S. Government is a
constitutional republic
• A democracy in which people vote
for their representative (like ours)
• Representatives will take decisions
on policy
• This is a better method for larger
countries
Registering to Vote in Florida
• The Florida Department of State’s Division of Elections
provides administrative support to the Secretary of
State, Florida’s Chief Election Officer, to ensure that
Florida has fair and accurate elections.
• The Division ensures compliance with the election laws,
provides statewide coordination of election
administration and promotes public participation in the
electoral process.
• Counties in Florida are tasked with registering voters.
• In order to register to vote you must
(registertovoteflorida.gov/)
• Be a citizen of the United States of America;
• Be a legal resident of Florida;
• Be a legal resident of the county in which you seek to be registered;
• Be 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.
 Important Florida Government Officials to Remember

Governor Ron DeSantis (R) Senator Rick Scott (R) Senator Marco Rubio (R)
Political Parties
Democratic Party
• The party generally supports a
left-leaning, liberal platform on
the American political spectrum
with an emphasis on the role of
the federal government in
promoting social and economic
welfare
Republican Party
• The modern GOP supports
a conservative platform on the
American political spectrum,
with foundations in laissez-faire
capitalism, low taxes, supply-
side fiscal policies and social
conservatism
 • Landmark decisions have
historical and legal
significance. They are landmark
decisions because they establish a
new legal principle or otherwise
substantially change the
interpretation of existing
law. They may change the way
the constitution or government
policy is interpreted.
• After reviewing the content in this
module, you will be able to
answer the following questions:
• Which Supreme Court cases are
considered landmark decisions?
• What was the legal or
constitutional issue at hand in a
particular landmark decision?
• What was the Supreme Court’s
ruling in a particular landmark
case?
• What area of government, politics,

Landmark Supreme the constitution, or citizens' rights

or liberties does the landmark
decision impact?

Court Cases
Cases Regarding Powers of the Government
Marbury v Madison (1803) • Established the Court's power of judicial review

• The Court determined the Bill of Rights did not apply to the state governments, establishing a
Barron v. Baltimore (1833) precedent that lasted until the 14th amendment

Dred Scott v. Sanford (1857) • the Court held that US citizenship did not extend to people of African descent

• the Court held that military tribunals to try civilians when civil courts are operating is
Ex parte Milligan (1866) unconstitutional

• The Court ordered President Nixon to deliver tape recordings and subpoenaed materials to a
United States v. Nixon (1974) federal district court; executive privilege is not absolute. Rule of law applies to president.

• The different standards of courting votes in different counties violated the Equal Protection
Bush v. Gore (2000) clause.

District of Columbia v. Heller (2008) • The 2nd amendment allows for firearms in the home for lawful purpose of self defense
Cases Regarding the First Amendment
• the words used by Schenck created a "clear and present danger" and were not protected by the 1st
Schenck v. United States (1919) amendment

Near v. Minnesota (1931) • prior restraint in publications under the Minnesota law was a violation of the 1st amendment

West Virginia v. Barnette (1943) • first amendment freedom of speech protects students from being forced to salute the flag in school

• Unconstitutional for state officials to compose an official school prayer and encourage its recitation
Engel v. Vitale (1962) in public schools – violation of establishment clause

• a newspaper cannot be held liable for making false and defamatory statements about the conduct
New York Times v. Sullivan (1964) of an official unless those statements were made with malice

• a public school could not punish a student for peaceful protest if it did not interfere with school
Tinker v. Des Moines (1969) discipline

• school administrators could exercise prior restraint of school sponsored expression if its related to
Hazelwood v. Kuhlmeier (1988) legitimate concerns

Texas v. Johnson (1989) • burning the American flag is protected by the first amendment as it is symbolic speech

Citizens United v. Federal Election • the government cannot restrict independent expenditures for political campaigns from
Commission (2010) corporations, labor unions, and others
Cases Regarding Due Process
• Evidence obtained unconstitutionally cannot be used in court (fourth Amendment)
Mapp v. Ohio (1961) • Exclusionary rule applied to states.

Gideon v. Wainwright • states must provide attorneys to criminal defendants who are unable to afford their
own (sixth)
(1963)
Miranda v. Arizona • Prosecutors cannot use a person's statements in response to interrogation in police
custody unless they can prove that person has been informed of their rights
(1966) • Protection from self incrimination (fifth)

• Juveniles tried for crimes in delinquency proceedings are also protected under due
In re Gault (1967) process (fifth and sixth)
Cases Regarding Equal Protection

Regents of the
Plessy v. Ferguson Brown v. Board of Obergefell v. Hodges
University of California
(1896) Education (1954) (2015)
v. Bakke (1978)

racial segregation in the University of States cannot deny the

Racial segregation did
public schools is a California could not rights of people of the
not violate the 14th
violation of the 14th reserve spots just for same sex to get
amendment
amendment minority students married

Affirmative Action Required states to

Overturns "separate
upheld, but schools recognize same sex
"Separate but Equal" but equal" in public
could not use "quotas" marriages performed
education
to achieve diversity in other states.
 • In 1965, the Supreme Court declared a right to privacy in Griswold v.
Connecticut as existing within the "penumbras" of the U.S.
Constitution. In other words, it is implied, but not stated.
• Relevant amendments are 1, 3, 4, 5, 9, and the liberty clause of
the 14th amendment

• Relevant cases
Cases • Griswold v. Connecticut 1965 – married couples should be able
to access contraception without government
Regarding interference. Constitutional right to privacy.
• Roe v. Wade 1973 - a woman has liberty to choose to have an
Privacy Rights abortion; but this freedom is not absolute and must be balanced
against the health of the mother and fetus.
• Dobbs v. Jackson Women's Health 2022 - the constitution does
not confer a right to an abortion. Roe v. Wade is overturned,
and abortion laws are now determined by the states.
• Privacy has also been invoked to protect rights for LGBTQ+
individuals.
Cases Regarding Federalism

McCulloch v. • Congress has implied powers to implement the

Constitution's expressed powers and a state cannot
Maryland (1819) impeded on this

Gibbons v. • only Congress can regulate interstate commerce

Ogden (1824)
Cooper v. Aaron • States must enforce federal law even if they disagree
with them.
(1958)
 Most students will need to study prior to taking
the exam.

You will not know everything. Strategize while

studying. Focus on being strong in two areas rather
than trying to know everything.

Final Practice the Quizlet and Immigration test to see how good
your recall is. Try to do these without notes and all at once

Thoughts
to recreate the exam conditions as much as possible.

When you leave the exam – before doing anything else – find a quiet
spot to jot down notes about what you remember. If you do not pass
and need to do a retake, you will have an idea of what you need to
study.

The exam is not easy, but not impossible! Most

students pass on the first or second try, but
preparation is key.