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The ULTIMATE FCLE Review! (Full Study Guide) — Transcript

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0:00now I know what you're all thinking Jack
0:02why do you look so darn comfy well it's
0:0561° in the State of Florida now which
0:08basically means it's winter which
0:09basically means I get to throw a hat on
0:11and a hoodie and you should do the same
0:13because this video is going to be a long
0:14one let's go over every single
0:16competency so you can be successful on
0:18your fcl exam before we get started
0:21please go ahead and follow the link in
0:22the description to download our free fcl
0:26study guide review I'm legitimately
0:28going to go through the PDF with you
0:29today okay so it'll be awesome to have
0:31on hand so you can take notes ask
0:33questions drop those in the comments and
0:34I'll do my best to get back to you as
0:36soon as
0:40possible okay so what you're looking at
0:42right now is the official Florida State
0:43FC study guide but since I'm such a nice
0:46guy I went ahead and I went through
0:47every single one of these competencies
0:49and then I answered the questions that
0:50they put forth on the study guide so
0:52that's what we're going to do today
0:53we're going to go through each of these
0:54questions we're going to knock them out
0:55one by one and by the end of this video
0:57hopefully you'll have a better
0:58understanding of what's expected did
1:00from you on the F exam all right so
1:02competency one let's take a look at John
1:05lock the consent of the governed and the
1:07social contract so John Lock is known
1:09for two main things right natural rights
1:11also the consent to the Govern We'll add
1:13a third with the social contract as well
1:15so basically what the social contract
1:16says is that you give up some rights and
1:18interor for giving up those rights the
1:20government is going to provide you with
1:21some protections I use this example all
1:23of the
1:24time I give up the right to go around
1:26and punch people in the face so that the
1:28government protects me from being
1:29punched in the face by somebody else
1:31right in order to have a society that
1:32functions properly you need to have some
1:34sort of contract in which the people
1:36give up rights and the government
1:37provides protection okay the consent of
1:39the Govern basically means that in order
1:41for the government to do X Y and Z the
1:44people that actually have to follow the
1:45rules that the government puts forth
1:47have to agree to them right so the
1:48people that are are following the rules
1:50have to consent to the rules the next
1:52crucial idea here are checks and
1:53balances and separation of powers so a
1:56lot of times we can get these two ideas
1:58misconstrued or confused so what I like
2:00to think about separation of powers is
2:02the idea of putting branches in separate
2:04places so you have Congress you have the
2:07executive branch and then you have the
2:08judicial branch as well the idea of
2:10separating those branches into different
2:12areas is the idea of separation of
2:13powers now checks and balances are
2:15actually how those branches make sure
2:17that one doesn't gain too much power
2:18over the other for example the president
2:20can veto an act of Congress or the
2:23judicial branch can view an act of
2:25Congress as unconstitutional so all of
2:27these certain checks and balances are
2:29how we maintain the separation of powers
2:31and make sure that one branch isn't too
2:33powerful over the others so rule of law
2:35due process in equality under the law
2:37are all things that are kind of very
2:39very similar or related at least so rule
2:41of law basically ensures that no matter
2:43who you are right you need to follow the
2:45rules whether you're a president whether
2:47you're a teacher like myself whether
2:49you're a janitor or a lawyer or a
2:50professional baseball player the law
2:52applies to you evenly doesn't matter
2:54what you do doesn't matter the
2:55connections that you have the law
2:57applies to you just like it applies to
2:58everybody else do process is the idea
3:01that the government cannot take away
3:02your rights without following certain
3:04processes you'll see this a lot in the
3:06Fifth Amendment so if the government
3:07wants to put you in jail or limit your
3:10rights in any capacity they need to
3:11follow due process if due process isn't
3:13followed let's say during a criminal
3:15case the person that is being accused or
3:18being tried has the ability to basically
3:20be let off because the government didn't
3:22do what they needed to do so due process
3:24protects the rights of the people that
3:26are being accused so that they're not
3:27thrown in jail without sufficient
3:29evidence and the process being followed
3:31by the judicial system and the
3:33government now equality under the law
3:34is's a big cave out here so equal
3:36treatment and equal protection without
3:38the guarantee of equal outcomes the
3:41biggest words there are without the
3:43guarantee of equal outcomes it's very
3:46very very difficult to provide equal
3:49protection and receive equal outcomes
3:51that's just not the way that the world
3:52works so it's really important to know
3:54that equality under the law means you
3:55have the same opportunities necess you
3:58know more or less but the outcomes
3:59aren't necessarily going to be equal so
4:01another vocabulary word here is popular
4:03sovereignty so very basic right popular
4:05sovereignty means that the government
4:07gets its power from the people elected
4:09officials do not have power unless the
4:11people elect them right so the idea of
4:13popular sovereignty basically says the
4:15people are the ones that are giving you
4:16power as an elected official you need to
4:18go and use that power to benefit your
4:20constituency or the people that gave you
4:22that power in the first place right so
4:24popular sovereignty the government gets
4:25its power from the people or the
4:27population again we talked about natural
4:29rights a little bit with John walk so
4:30natural rights and natural law the
4:32founders believe in natural rights that
4:33are inherent to all individuals you'll
4:35see this in the Declaration of
4:36Independence such as life liberty in the
4:38Declaration it says pursuit of happiness
4:40but John Lock argued for property
4:43instead of the pursuit of happiness it
4:44was tweaked a little bit when thas
4:45Jefferson wrote the Declaration botom
4:48one just because you are a human being
4:49just because you are a person you have
4:51certain natural rights life liberty
4:53Pursuit of Happiness property you see
4:55this a lot in the enlightenment right
4:57with John lock with Russo with monq all
5:00of these Enlightenment thinkers had
5:01similar ideas about National rights and
5:03basically the rights that you get just
5:05because you're a person okay federalism
5:06on a very general basis is this Division
5:10and sharing of powers between a federal
5:12government and a state government so
5:14federal government being enumerated
5:16powers state governments being reserved
5:18powers and powers that they share being
5:20concurred Powers this is what Federalism
5:22is the biggest argument and the biggest
5:24difference between the Articles of
5:25Confederation and the Constitution is
5:27this idea of federalism we talked about
5:30Anti-Federalists and Federalists we'll
5:32get there in a couple of minutes but the
5:34biggest takeaway from the vocabulary
5:37word of Federalism is the division and
5:39the sharing of powers between a national
5:41government and a state government
5:43individual liberty simply means
5:45individual freedoms in America we have a
5:47lot of those first amendment protections
5:48that basically guarantee us the right to
5:50be an individual practice religion
5:52assemble speak the way that we'd like
5:54right in the Press about things that
5:55we're interested in so individ
5:58individual freedom and your right to be
6:00your own individual person or unique
6:02person so when we think about a
6:03republican form of government I don't
6:05want you to think of the Republican
6:06Party okay Republican government means a
6:09government that is a republic okay
6:11another word for a republic is a
6:12representative democracy so as long as
6:15the citizens are electing officials to
6:17go ahead and make decisions on their
6:18behalf that is a republican form of
6:21government it doesn't necessarily mean
6:23the Republican party so a republican
6:24form of government again is going to be
6:26a representative democracy in which
6:28people elect officials to go ahead and
6:29make decisions on their behalf a pure
6:31democratic form of government is people
6:34Gathering Together basically raising
6:35their hands to vote on policy decisions
6:37now that's not going to be an efficient
6:38way of running government especially in
6:40America with a population of 330 million
6:42or whatever we're at right now so a
6:44direct democracy works really well in
6:46small communities not doesn't work too
6:48well when the population gets too large
6:49so constitutionalism simply means that
6:51government actions are limited by a
6:53constitution you can think of
6:54constitutionalism as an idea that
6:56pertains to limited government okay so
6:58limited government the government govern
6:59can't just do whatever they want they
7:00need to follow some sort of written
7:02agreement in this case we're talking
7:03about the Constitution this is basically
7:05what constitutionalism is so majority
7:07rule and minority rights obviously
7:10majority rule means that whatever the
7:11majority would like to do is the the
7:13rule of of the land but minority rights
7:16are also understanding that yes there is
7:18a minority that disagrees with the
7:19majority we still need to make sure that
7:21these groups are not being taken
7:23advantage of or oppressed by the
7:25majority so the Bill of Rights and uh
7:27protections on civil liberties biggest
7:29about the Bill of Rights is that it was
7:30argued for by the Anti-Federalists
7:32specifically because they didn't want
7:33the federal government to have too much
7:35power over the states and the individual
7:37so before The Constitution was even
7:38ratified the Anti-Federalists argued
7:40that in order to protect civil liberties
7:43personal freedoms that the Bill of
7:44Rights needed to be added so the first
7:47amendment is the one that we're all
7:48familiar with whenever you think of the
7:49first amendment I want you to think of
7:51WS so religion assembly press
7:54petitioning the government and speech
7:55when we're talking about the Bill of
7:57Rights and civil liberties and
7:58protections we're really really talking
7:59about the First Amendment all the way
8:00through the 10th Amendment so throughout
8:02the last couple of years the fairness
8:04and the importance of pre- andf fair
8:05elections has definitely been a
8:06controversial Topic in America I'm not
8:08here to talk about controversies I'm
8:10here to talk to you about the straight
8:11facts about free and fair elections so
8:13obviously if you want a democracy or a
8:15republican form of government to
8:16function properly you need free and fair
8:18elections states have the ability to run
8:20the elections the way that they would
8:21like also local municipalities have a
8:24capacity in that as well but you know
8:26it's obvious that if you want the right
8:27person reflected by what the population
8:29wants to be in power then you need to
8:31make sure that your elections are free
8:32and fair as well as
8:37efficient all right time to get rolling
8:39on competency 2 let's start off with the
8:41Articles of the United States so article
8:44one pertains to the executive branch all
8:46right so very important people argue
8:48that the executive branch is the most
8:49important branch in government they do
8:50have the most powers based on what the
8:52Constitution provides them so basically
8:54all the enumerated powers which we'll
8:55get into in a couple of minutes
8:56basically reside in the legislative
8:58branch so so article one being the most
9:00important article we're talking about
9:01the legislative branch second article is
9:03the executive branch now this is the
9:05president definitely still powerful
9:07definitely still a proactive force in in
9:10terms of government but that's going to
9:11be the second article which is the
9:12executive then the judicial branch which
9:15some view as the least important branch
9:16of government is the third article now
9:19the reason why people view the
9:20legislative branch as the least
9:22important is because they are
9:23reactionary they don't go out and try to
9:25find things to change a lot of times
9:27especially in the Supreme Court they're
9:28not going to actually make a decision or
9:30have power unless a case is is appealed
9:32all the way up to the Supreme Court so
9:35the judicial branch is reactionary the
9:37legislative and executive are more
9:38proactive in terms of shaping policy and
9:41basically providing the American people
9:43with a government that functions proper
9:44federal courts are also established in
9:45article 3 but it also kind of gives
9:48Congress the power to establish federal
9:49courts so that's an example of checks
9:51and balances the Full Faith and Credit
9:53Clause basically means that the states
9:54have to respect each other's decisions
9:56so for example I have a driver's license
9:58from the state of Florida if I drive in
9:59New York I don't have to provide a New
10:01York state driver's license because New
10:02York respects the fact that Florida was
10:04the one that admitted me such a driver's
10:06license so basically just means that
10:08each state has to respect the decisions
10:09of the others the fifth amendment is
10:11about the amendment process so make sure
10:13that you guys brush up on the amendment
10:14process so 2/3 of both the houses of
10:16Congress or by Constitutional Convention
10:18called by 2/3 of the states if that
10:20happens then it goes out to each of the
10:22states and then a 34s of the States
10:23agree to ratify it becomes an amendment
10:25article six is the supremacy clause
10:27which basically states that the
10:29Constitution is the highest law of the
10:30land federal government cannot abridge
10:33the Constitution local and state
10:35governments cannot abridge the
10:36Constitution as well by the same token
10:38local government cannot abridge state
10:39government and state government cannot
10:41abridge Federal all right so you have
10:42your Constitution federal state and
10:45local each level of government that is
10:47below the the uh Constitution cannot go
10:49against what the Constitution says so we
10:51have expressed enumerated delegated and
10:53implied powers so expressed enumerated
10:56and delegated means powers for the
10:59federal government okay these are powers
11:01expressly written in the Constitution
11:03you can open up the Constitution today
11:05and go find expressed powers implied
11:06powers are derived from the necessary
11:08and proper clause so for example
11:10Congress has the right to raise an army
11:12okay it says nothing in the Constitution
11:14about aircraft carriers RPGs and
11:16anti-tank weapons all right but it's
11:18implied in order for the United States
11:20to build an army those sorts of
11:22Technologies are necessary so implied
11:24powers are powers that are not directly
11:26listed in the Constitution but it's
11:28implied or understood that in order for
11:30Congress to carry out the expressed
11:31powers they need to use these certain
11:34implied powers so we briefly talked
11:35about the amendment process if you'd
11:36like to read a little bit more about it
11:38here's some great information for you go
11:39ahead and pause the video again we
11:40talked about the Bill of Rights in the
11:42first section so if you want to go ahead
11:43and pause and get some more information
11:44about that you can go ahead and do so
11:46now so the Constitution does a great job
11:47of protecting individual's rights but
11:49just make sure that you know in certain
11:51circumstances that individual rights can
11:53be limited uh especially if it's um a
11:56matter of public safety or national
11:57security quickly the 14th Amendment
11:59defines citizenship make sure that you
12:00go over uh fact certain factors that
12:02affect voter turnout as well so this
12:04could be accessibility political
12:05engagement public interest and influence
12:07so just know kind of what drives people
12:09to vote and what doesn't drive people to
12:11vote really quick uh side note on the
12:12Bill of Rights so originally the Bill of
12:14Rights was only thought to apply on the
12:16federal level but certain Supreme Court
12:18cases such as Gideon versus way wri the
12:20Supreme Court argued that no it applies
12:22on the federal level but it also applies
12:23on the state level as well so what you
12:25need to know for the Federalist versus
12:26the Anti-Federalist is very very simple
12:28the Federalists were okay with ratifying
12:30the Constitution without the addition of
12:31the Bill of Rights the Anti-Federalist
12:33argued that if the Bill of Rights was
12:35not eded then individual freedoms and
12:37Liberties might be Abridged by a
12:39tyrannical federal government like we
12:40saw in England here are some of the
12:42significant Clauses that you need to
12:44know based on the Constitution so the
12:46supremacy clause we went over full of
12:47Faith and Credit Clause Commerce Clause
12:49grants Congress the power to regulate
12:51interestate trade and Interstate
12:52Commerce this is really important
12:53because under the Articles of
12:54Confederation the federal government had
12:56no uh ability to regulate trade du
12:58process equal protection necessary and
13:00proper and also the first amendment so
13:02when you think about the First Amendment
13:03Clause they're really just talking about
13:05the First Amendment you got to think WS
13:06religion assembly press petition the
13:08government and
13:12speech okay competency 3 Let's get into
13:15it so specifically let's talk about how
13:16the Declaration of Independence was
13:18influenced by the enlightenment so
13:20obviously Thomas Jefferson wrote the
13:22Declaration of Independence he was
13:23heavily influenced by Enlightenment
13:24thinkers such as lock monu Hobs rouso so
13:28make sure brush up on those
13:29Enlightenment ideas and know that things
13:31like natural rights the life liberty and
13:33pursuit of happiness were derived from
13:35John Lock's thinking so it's important
13:37to think of the Declaration as kind of
13:39like a road map that led to the
13:40Constitution originally so a lot of the
13:42principles that actually came to
13:43fruition under the Constitution were
13:45elaborated upon or introduced by Thomas
13:48Jefferson in the Declaration of
13:49Independence individual liberty equality
13:51popular sovereignty all of these ideas
13:53actually came to fruition under the
13:54Constitution but they were introduced to
13:56the world in the Declaration of
13:57Independence so Massachusetts
13:59constitution in 1780 was definitely a
14:01precursor to the Federal Constitution
14:03basically what it did was serve as a
14:04model of what a constitution looks like
14:06a written form of government that
14:07actually is successful so all the state
14:09constitutions that preceded the Federal
14:11Constitution were almost like a road map
14:13for the founding fathers to actually use
14:15to go ahead and create our Federal
14:17Constitution let's talk about the
14:18Articles of Confederation which was our
14:20first attempt at developing some sort of
14:22constitution in the United States so the
14:24Articles were influenced by the idea of
14:26sovereignty and specifically feared
14:28Central Power so much so that they took
14:30all of the Central Power and swung it
14:31over to the States now in theory this
14:33sounds good because the federal
14:34government can no longer take advantage
14:36of its citizens but unfortunately what
14:38it did was created an imbalance of power
14:40between the states and the federal
14:41government which thoroughly favored the
14:43states so some of the weaknesses of the
14:46Articles LED or include not being able
14:48to tax or raise an army or regulate
14:51interstate trade so basically the
14:53federal government could not function
14:54because they had no money they had no
14:56way of making sure that the states were
14:57doing what they wanted them to do uh and
14:59they had a really difficult time raising
15:01an army A couple of the successes under
15:03the Articles of Confederation were the
15:05Northwest ordinances basically the
15:08Northwest Ordinance set up a plan for
15:09like surveying new lands that were won
15:11during the Revolutionary War so in order
15:13to like kind of admit new States into
15:14the union and and make sure that you
15:17know what the new areas look like you
15:18can you need to survey them and then
15:20kind of develop a plan for how you going
15:21to actually take that land parcel it up
15:23and then admit it into the Union so the
15:25Federalist Papers are basically the
15:26counter to the Anti-Federalists so
15:29because the Articles of Confederation
15:30plac so much power into the hands of the
15:33states the Federalists argued that way
15:35more power was necessary for the federal
15:37government to actually do their job so
15:39on one hand you have the Anti-Federalist
15:40and then with the Federalist Papers you
15:42have people that argued that a strong
15:43central government was super necessary
15:45they came to that kind of agreement
15:47under the Bill of Rights where
15:48individual freedoms individual rights
15:49were protected but the federal
15:50government still retained enough power
15:52to do its job so here are some major
15:54documents that you should get familiar
15:55with so if you haven't done so already
15:57go ahead and follow the link in in the
15:58description download this free resource
16:00so that you can have this PDF and review
16:02it so you have your Magna Carta 1215
16:05When You Think Magna Carta think limited
16:06government that's the main
16:08principle Mayflower Compact similar idea
16:11of social contract also gave the idea of
16:13direct democracy some
16:15Credence you have your English Bill of
16:17Rights which which was an extension of
16:18the Magna
16:20Carta Common Sense was the pamphlet
16:22published by Thomas Payne which argued
16:24for independence from England he sold
16:26about 500,000 copies which is like
16:27basically like going Platinum back
16:30then you have your Virginia Declaration
16:32of Rights in 1776 influenced by people
16:35like John Lock and
16:38monu you have your Federalist and your
16:40Anti-Federalist papers Anti-Federalists
16:42arguing for a weaker central government
16:45Federalists arguing for a stronger
16:46central government so what I'm going to
16:48do instead of going through every single
16:49one of these court cases and acts of
16:50legislation is I'm just going to slowly
16:52scroll through if you'd like to pause
16:54the video and take a look you can if not
16:56download this PDF so you can go through
16:58them yourself
17:34[Music]
17:45[Music]
17:48so I hope you all got a lot out of that
17:50video again it's important for me to
17:51kind of take what the state of Florida
17:53gives you for a review guide and then go
17:55through and explain it thoroughly to you
17:57so you know exactly what's expected on
17:59the fcl exam if you found value in
18:01today's video go ahead and give it a
18:02like share it with a friend and I hope
18:04to see you in the next

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