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63 Cards in this Set
- Front
- Back
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These provisions have been applied to the states through the due process clause of the 14th amendment.
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-No establishment of religion
-Free exercise of religion -Free speech -Right to assemble peaceably -Right to petition for redress of grievances |
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Examples of non-establishment
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-No religious oath can be required of witnesses or of public officials
-Limited financial aid for religious schools, Florida Constitution forbids tax money to religious schools -Religious displays that endorse a religion -No required prayers or bible reading in public schools |
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Examples of free exercise
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-All persons are free to pray or practice their beliefs as long as it does not interfere with rights or safety of others. Schools and employers must make reasonable accomodations for religious practice.
-People cannot be required to salute the flag or join military if such activity violates their religious beliefs. This cannot be used to avoid taxes. -Access to religious literature must be provided for persons in the military or in prisons. -Laws that forbid certain practices such as child marriage or use of narcotics have not been interpreted to require exceptions for persons claiming religious exemption |
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The supreme court has interpreted the first amendment freedom of speech clause to give the greatest protection to ____
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Political speech
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Criticism of government may be false, vulgar or offensive, but ____
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it cannot be the basis for criminal prosecution
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Advocacy of violence can be punished only ____
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if there is "incitement to imminent lawless action" that is likely to produce results.
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This case found that Advocacy of violence can be punished only if there is "incitement to imminent lawless action" that is likely to produce results.
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Brandenburg vs Ohio
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Examples that symbolic political speech is protected
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-Flag burning
-wearing black armband to protest war -KKK burning cross on property it owns |
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Speech plus activity such as leafleting, picketing, demonstrations, may be subject to _______
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reasonable time, place and manner regulations
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Equal protection clause of 14th amendment applies to public speeches in that _______
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all speakers and groups must be treated the same way, discrimination based on content of speech is not allowed
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These four types of speech are given less protection under the free speech clause
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Libel and slander
Obscenity and pornography Fighting words Commercials and advertising |
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33 states have this to protect reporters from being subpoenaed to testify about their sources, there is no federal one
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shield laws
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Shield laws
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protect reporters from being subpoenaed to testify about their sources.
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Interest groups
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likely to focus on a single issue or the economic interests of a specific group
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Political parties
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coalitions of people and groups with some common interests and priorities
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Positive fucntions of political parties are
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-to channel opposition into peaceful participation rather than violent revolt
-The american political system has been successful in providing for peaceful transitions after elections between people who hate each other |
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What is the change in role of party conventions?
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They used to be meetings where candidates wre actually selected. Now winners of early primaries arrive at the convention with nomination secured
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What is the impact of parties on congress?
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Voting for leadership by majority party and control of all committees
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What is a coalition
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temporary alliance
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What is a re-alignment
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shift in voters' preferences that changes which party controls congress and the presidency
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What era were Federalists vs Jeffersonian Democratic-Republicans
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1796-1824
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What era were Democrats vs Whigs
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1828-1856
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What era were Republicans vs Democrats
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1854 to present
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These are the ways the election system can be reformed:
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1)Abolish electoral college
2)Prevent or at least reduce gerrymandering 3)Change the primary system so that voters throughout the nation have equal influence 4)Ensure that all eligible persons can vote and that all votes are counted fairly and accurately 5)Authorize instant runoff voting in state and local primaries where voters rank their choices so that if no candidate gets a majority, the candidate with fewest votes is eliminated and the second-choice votes are couted to produce a majority 6)Encourage shorter, less expensive campaigns |
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Runoff elections
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in some states if no candidate wins an absolute majority in the primary election a runoff election is held before the general primary
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Florida just eliminated this type of election
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runoff elections
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Referendums
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voting on particular issues are not considered to be elections since no one is elected into office
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Presidential election occurs
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First tuesday in November every 4yrs
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In the 1820's states began expanding voting rights by eliminating the requirement that voters must ___
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own real estate or pay over a certain amount of taxes
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How many constitutional amendments have expanded the right to vote
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5
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The Voting Rights of 1965 authorized
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federal officials to register voters and to supervise voting in areas that had discriminated against blacks
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The remaining civil rights issue in voting rights is
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the permanent disqualification from voting of persons with a felony conviction
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What government agencies regulate elections
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Federal Elections Commission (FEC)
Federal Election Assistance Commission (FEAC) Florida Division of Elections (within Department of State) |
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What does the Federal Elections Commission do
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enforces federal campaign laws
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What does the Federal Election Assistance Commission do
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administers 2002 Help America Vote voting systems and buying new equipment
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What does the Florida Division of Elections do
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certifies election results and is now implementing statewide computer database of voters to be used by counties
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Each of Florida's 67 counties has an elected supervisor of elections who is responsible for _____
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conducting elections
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Article I of the Constitution states
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Right to writ of habeas corpus not to be suspended unless safety requires it in cases of rebellion or invasion
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4th Amendment states
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right against unreasonable searches and seizures
warrants must be based on probable cause, supported by oath, describing in particular place to be searched and person or thing to be seized |
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5th Amendment states
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-indictment by grand jury unless serving in military in time or war or public danger
-no double jeopardy -no compelled testimony against self -due process required (civil law provision relevant to eminent domain) |
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6th amendment states
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-right to speedy and public trial
-impartial jury -jury from district where crime committed -right to be informed of charge -right to be confronted with witnesses (right to cross examine) -right to have compulsory process to obtain witnesses (subpoena) -right to assistance of counsel |
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8th amendment
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no excessive bail or fines
no cruel or unusual punishment |
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The Supreme Court has held that these rights are implied by the due process clause and other constitutional provisions
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-Presumption of innocence
-Right to interpreter- -No retroactive application of criminal laws -Clear statement of what acts are criminal--law can be void if vague or overbroad |
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The Exclusionary rule states that
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evidence or cofession improperly obtained will not be allowed at trial
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2nd Amendment states
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A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
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Article I section 10 prohibits states from
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impairing the obligations of contracts
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The takings clause of the 5th Amendment requires that
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eminent domain be used for a public purpose and with just compensation
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Courts have given greater protection to _____ than to _____
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settled property interests than to speculative ones
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Courts upheld moratoriums on mortgage foreclosures during Depression but
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did not invalidate mortgages
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Landmark preservation and historic preservation district laws have been ____
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upheld if they did not impose severe loss on a few owners and had broader benefits
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The Supreme Court decided in Kelo vs City of New London that
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use of eminent domain to further economic development was allowed
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Richard Epstein viewed eminent domain with
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a broad view, would eliminate most New Deal legislation, workers and consumer safety, environmental laws
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Constitutional right to abortion grounded in general sense of liberty in
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14th amendment
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Undue burden test
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applicable to woman seeking abortion of nonviable fetus
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Bill of Rights consists of
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first 10 amendments of constitution
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1st Amendment
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-free exercise of religion and no establishment of religion
-freedom of speech, press, right to assemble peacefully and petition for redress of grievances |
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2nd Amendment
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right to militia and to bear arms
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4th Amendment
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-right to be free from unreasonable searches and seizures
-warrants must be based on probable cause and describe in detail person, place, or thing |
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5th Amendment
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-rights of accused in criminal proceeding: no double jeopardy, cannot be required to testify
-general rights applicable to civil or criminal cases: no deprivation of life, liberty, or property without due process of law, private property cannot be taken except for public use and with just compensation (takings clause) |
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6th Amendment
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right to speedy trial, impartial jury, cross-examine witnesses, assistance of counsel
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8th Amendment
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No cruel and unusual punishment
no excessive fines or bail |
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9th Amendment
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Reservation of rights to people (people retain common law rights not spelled out in bill of rights or constitution)
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10th Amendment
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Reservation of powers to states and people
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