Deborah Cupples - A Short & Happy Guide to Civics

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Civics

Deborah Cupples

University of Florida Levin College of Law

A SHORT & HAPPY GUIDE SERIES

The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

a short & happy guide series is a trademark registered in the U.S. Patent and Trademark Office.

2020 Deborah E. Cupples

Printed in the United States of America

ISBN: 978-1-64708-215-4

This book is dedicated to a couple who spent decades applying their knowledge of civics and law to protecting other peoples rights:

Prof. Fletcher Baldwin (January 5, 1933February 18, 2020)

and

Dr. Nancy Toman Baldwin

Acknowledgments

Many thanks to the following people for helping me with the editorial or publishing process:

What You Will Get from This Book

The law comes from governments and affects almost everything we do in business, at our jobs, and in our personal lives. Its unavoidable.

Civics is the study of (1) citizens rights and duties and (2) governments structures and functions. A civics background is useful

• If you study law or work in the legal profession.

• If you work in government or politics.

• If you work in a government-regulated industry.

• If you just want to be better informed.

Through no fault of their own, many people didnt get an adequate civics background in high school or college. Results from an American Bar Association survey confirm that civics education among members of the public is lacking.

One result is that many people have trouble sorting out facts from fiction that they find on the Internet and other media. People who dont have a civics background are at a disadvantage compared to people who do have it.

Whatever your reason for wanting to improve your civics knowledge, this book can help you get up to speed on the basicsand pretty quickly.

You can also follow directions printed inside the cover of this book to take online quizzes to test yourself on what youve learned. These quizzes are designed as a learning tool.

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Sources & Citations

Within chapter paragraphs, references to the U.S. Constitution are shorthanded, for example

• Article II.

• Article I, Section 3.

• 25th Amendment.

Federal statutes, which are in the United States Code, are also shorthanded:

• U.S. Code, Title 5.

• 5 U.S. Code 21 (meaning Title 5, section 21).

References to other parts of the book follow this format:

• This book, chapter 2.

• Chapter 2.

• Appendix 1.

A copy of the U.S. Constitution is in Appendix 1, toward the end of this book. A copy of the Declaration of Independence is in Appendix 2.

The citations in this book do not follow the Bluebook or any other prescribed format.

Table of Contents

Basic Concepts of American Law &
Government

A Short & Happy Guide to Civics

Chapter

Basic Concepts of American Law & Government

Rule of Law Versus Rule of Men

Under the Rule of Law , no one is above the law: not private individuals, not government officialsnot even the U.S. President.

The Rule of Law protects peoples rights partly by defining governments powers and limits. The idea is to prevent the arbitrary use of power so that laws are enforced similarly for all people, which promotes fairness and predictability.

Under the Rule of Men (or women or people), the people in charge decide what the law is and how its enforced, making things about as predictable as a Las Vegas slot machine. Under that system, a rulers buddy who stole $5 million might get away with it, while an ordinary person who stole a sandwich might do jail time.

The first use of the phrase Rule of Law is unclear, but its not a new concept. Over 2,000 years ago, Aristotle argued: It is more proper that the law should govern than any one of its citizens.

Fast forward to 1776, when Thomas Paine (one of Americas Founding Fathers) published a pamphlet called Common Sense, intended to persuade the colonies to declare independence from Britain. Paine wrote,

For as in absolute governments the King is law, so in free countries the law ought to be King ; and there ought to be no other.

Americas Founding Fathers set up our nation under the Rule of Law because they didnt like tyranny. They didnt want to live under a kingsor any dictatorsarbitrary or unfair use of power.

The Founding Fathers made that clear in the Declaration of Independence , where they bluntly listed reasons for declaring independence from Britain, including the Kings failures, cruelty, and abuses of power.

The Declaration of Independence is in Appendix 2 of this book. Its a fairly quick read, a lot shorter than the Constitution.

Levels of Government in the U.S.

In the United States, there are 3 basic levels of government:

(1)The U.S. (federal) Government.

(2)The 50 states governments.

(3)Local governments, like counties or cities.

Also, some Native American tribes have some self-governance powers, as do U.S. territories like Puerto Rico.