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83 Cards in this Set
- Front
- Back
- 3rd side (hint)
Gideon v. Wainwright (1963) |
Right to an attorney: All criminals delegated can have a lawyer whether they can pay or not |
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Judicial Powers |
Interpret laws: in the hands of Supreme Court and Federal Courts |
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Marbury v. Madison (1803) |
established the Supreme Court's power of judicial review ( also known as "The Midnight Judges") |
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Concurrent Powers |
Powers that BOTH state and federal gov't shares |
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Legislative Power |
Make laws: in the hand of Congress |
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Executive Power |
Enforce Laws: in the hands of the President, his cabinet and executive agencies |
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Due Process |
following established legal procedures |
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Judicial Review |
it is the power of a court to determine the Constitutionality of the government action |
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Supremacy Clause |
Established that the Constitution is the supreme law of land. The clause states that the Constitution of U.S. overrules all other laws |
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Texas v. Johnson (1989) |
can burn American flag |
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What is the Constitution is considered? |
Living Document |
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19th Amendment |
Gave women the right to vote |
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Reserved Powers |
Powers states RESERVED for themselves |
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Preamble |
the opening section of the Constitution. It list 6 main goals |
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13th Amendment |
Officially ENDED slavery |
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Enumerated Powers |
Powers given by states to federal gov't |
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24th Amendment |
Made poll tax illegal |
24polltaxnomore |
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Popular Sovereignty |
the notion that power lies with the people |
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Rule of Law |
principle that the law applies to everyone, even those who govern |
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Nancy Pelosi |
Current Speaker of House of Representatives |
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Cross Over |
When the bill goes to the Senate |
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Who is in charge of elections? |
States |
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What are the 6 BIG IDEAS? |
1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4.Checks and Balances 5. Judicial Review 6. Federalism
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What is the purpose of the Grand Jury? |
The Grand Jury decides if there is sufficient evidence for a trial |
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In Re Gault |
Juvenile offenders get ALL of the same rights as adults |
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14th Amendment |
All people have "EQUAL" protection under the law |
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16th Amendment |
Creates federal income tax |
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21st Amendment |
Repealed the 18th Amendment |
You can't drink at 18 but you can at 21 |
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22nd Amendment |
The president can only serve (2) 4 year terms |
2 plus 2 equal 4 |
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26th Amendment |
The voting age is 18 |
2+6=8 |
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25th Amendment |
Tell us the correct succession of officers to the presidency |
P-VP-SOH-PPT-SOS |
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23rd Amendment |
The District of Columbia gets 3 electoral college votes |
DC23 |
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11th Amendment |
Lawsuit brought against a state must be tried in that state |
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Pocket Veto |
President's power to kill a bill, if Congress is no in session, by not signing it for 10 days |
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Libel |
Written untruths that are harmful to someone's reputation |
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Separation of Powers |
The split of authority among the legislative, executive,and judicial branches |
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1st Main Goal of Preamble: |
"To form a more perfect Union" it means to Unite the states so they can I operate as a single nation for the good of all |
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2nd Main Goal of Preamble: |
"establish justice": means to make certain that all citizens are treated equally |
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3rd Main Goal of Preamble: |
"insure domestic tranquility": means to maintain peace and Order keeping citizens and their property safe from harm |
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4th Main Goal of Preamble: |
"provide for a common defense": means to be reading militarily to protect the country and it's citizens from attack |
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5th Main Goal of Preamble: |
"promote the general welfare": to help people live healthy happy and prosperous lives |
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6th Main Goal of Preamble: |
"secure the blessing of liberty to ourselves and our posterity": means to guarantee the basic rights of all Americans including future Generations |
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12th Amendment |
President and vice president run on same ticket |
1 and 2 is always together |
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15th Amendment |
All Black Men Can Vote |
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18th Amendment |
Prohibits making drinking or selling alcoholic beverages also known as prohibition |
Volstad Act |
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Eminent Domain |
The right of government to take private property for public use |
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20th Amendment |
Requires all newly elected officials to take office bye January 20th |
Lame Duck |
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17th Amendment |
Direct general election of US senators |
Seven-ten Sen-a-tor |
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5th Amendment |
Rights of the Accused: DJ- Double Jeopardy DP- Due Process SI- Self Incrimination ED-Eminent Domain |
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4th Amendment |
No a reasonable search and seizure without a good legal reason or warrant body(person),papers(records), property(home/car) |
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3rd Amendment |
Right to keep soldiers out of your home in time of peace |
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2nd Amendment |
Right to keepand bear arms |
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1st Amendment |
Congress can make NO laws regarding RAPPS- religion assembly petition press speech |
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27th Amendment |
If any public body votes itself a raise that public body may not get a raise until after the nexts election |
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House of Representatives |
435 members 2 year term Has to be at least 25 years old 7 year Resident (live in state) |
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Senate |
100 members 6 year term Has to be 30 years old 9 year resident (live in state) |
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9th Amendment |
Just because some rights have been left out of Constitution or Bill of Rights it does not mean people don't have them |
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10th Amendment |
If we have not specifically mentioned a power of the federal gov. then you should assume this a state power *can be individual power/right* |
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8th Amendment |
No Excessive Bail & Cruel or Unusual Punishment |
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6th Amendment |
Speedy Trial Attorney Question any witness Present any defense witness |
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7th Amendment |
Says you can have a lawyer in a civil trial |
Seven=civil |
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Engel v. Vitale (1962) |
Schools can't require students to recite a prayer |
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Miranda v. Arizona (1966) |
Expanded Gideon v. Wainwright Suspects has to be read their rights: At time of arrest ALL people charged with a crime have to be told their rights |
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Escobedo v. Illinois (1964) |
Right to attorney when you're a suspect, during questioning |
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Mapp v. Ohio (1961) |
Illegally obtained evidence can't be used against a defendant |
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New Jersey v. T.L.O.(1985) |
At school to search students, officials only need "Reasonable Suspicion" not "Probable Cause" |
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New York Times v. U.S. |
Government can only ban printing classified information that endangers Americans |
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Hazelwood v. Kuhlmeier (1988) |
School press can be censored |
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Tinker v. Des Moines (1969) |
Allows political speech in school |
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Free Expression Clause |
Says you can practice any religion you choose as long as you don't break the law |
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Limits on the 1st Amendment |
1. These freedoms do not allow us to break the law 2. You can't say or do whatever you want 3. When the right of an individual and the right of a community conflict, the right of the community usually prevails |
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Proposed by 2/3 vote in each house of _______ and ratified by 3/4 of the state legislature (26th Amendment adopted this way) |
Congress |
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Proposed by 2/3 vote in each house of Congress and ratified by 3/4 state __________ called for that purpose (21st Amendment was adopted this way) |
Legislatures |
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Implied Powers |
Allowed under elastic clause which says the federal government can do things not explicitly listed in the Constitution if they needed to be done to carry out expressed powers: 1. Set price postage stamps 2. Require 18 year old males to register for Selective Selection 3. Require naturalization test |
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Examples of Concurrent Powers |
Establish Courts Enforce Laws Collect Taxes Borrow Money Provide General Welfare Build Prisons |
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Examples of Reserved Powers |
Regulate trade within States Protect public health and safety Conduct elections Establish Local Governments Regulate State Laws Establish Schools |
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Examples of Enumerated/ Expressed Powers |
Coin Money Maintain Military Declare War Make Treaties Regulate foreign/interstate trade Establish Qualifications Office Establish Naturalization Laws |
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Federalism |
a form of government in which power is divided between the federal, or national, government and the states |
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Death Penalty |
1972- Furman vs. Georgia: Death Penalty are cruel and unusual 1975- Greg vs. Georgia: Death Penalty is not necessarily cruel&unusual |
F comes before G |
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Roe vs. Wade |
Roe makes 3 arguments: 9th, 14th &4th Amendment 5-4 decision agrees w/ Roe "Controlling Case" |
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Leandro Decision |
SCOTUS every student is entitled to a free and appropriate education |
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Brown vs. Board of Education |
Separate is never equal, desegregate immediately |
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Plessy vs. Ferguson |
SCOTUS decides that "separate but equal" facilities are in agreement w/ 14th Amendment |
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