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94 Cards in this Set
- Front
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Appropriations And Budget
Budget Requests |
A request for a different budget other than the annual budget
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Appropriations And Budget
OMB |
Assists the President in overseeing the preparation of the federal budget and to supervise its administration in Executive Branch agencies
(Office of Management And Budget) |
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Appropriations And Budget
CBO |
Assists the House and Budget Committees + Congress by preparing reports and analyses on the budget.
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Appropriations And Budget
GAO |
Investigates how the federal government spends its taxpayer dollars, gathers info for congress on how well the executive brach agencies are doing their jobs, answer basic questions on whether government programs are meeting objectives... OVERSIGHT
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Bureaucracy
Powers To Implement/regulate/spend |
Implement: They carry out decisions of Congress
Regulate: They use rules to regulate policys Spend: Implement laws through spending (GDP) |
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Bureaucracy
Advantages the bureaucrats have over the executive in policy making |
The bureaucrats are able to implement the policy making of Congress and control the amount of spending they put into the law
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Bureaucracy
Predictors for the agencies annual budget |
The predictors are
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Bureaucracy
Criticisms |
Too many rules, too slow to implement laws, too much red tape, Don't know who to report to...
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Bureaucracy
"administrative discretion" |
Authority given by Congress to the federal bureaucracy to use reasonable judgement in implementing laws
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Bureaus
FBI |
Investigates federal crimes
Independent Agency |
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Bureau
Internal Revenue Service |
Collects all federal taxes
Independent Agency |
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Congressional Oversight
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Legeslative or Executive review of a particular governement program or organization. Can be in response to a crisis of some kind or part of routine review
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Bureaucrat
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A career government employee
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Civil Service Exam
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The exam given to a person who wants to become a civil servant
Civil Service: Federal Employees who work for the government through a competitive, not a political selection |
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Civil Service Commission
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Created by Pendleton Civil Service Reform Act in response to Garfield's assassination
required civil servants to take exam |
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Clientele Organization/Agency
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Executive cabinet department for interests from a specific group or minority.
Ex Department of Veteran's Affairs, Department of Labor, Department of Education |
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Controlling Bureaucracy/Oversight
Methods Used By President |
Powers of Appointment
Shifting agencies assignment from one to another department |
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Controlling Bureaucracy/Oversight
Methods Used By Congress |
Establishing Agencies
Formulating Budgets Appropriating Funds Confirming Personnel Authorizing New Programs |
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Controlling Bureaucracy/Oversight
Bureaucracy's source of power |
Implementing Laws
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Executive Departments (15)
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Department of Agriculture (USDA)
Department of Commerce (DOC) Department of Defense (DOD) Department of Education (ED) Department of Energy (DOE) Department of Health and Human Services (HHS) Department of Homeland Security (DHS) Department of Housing and Urban Development (HUD) Department of Justice (DOJ) Department of Labor (DOL) Department of State (DOS) Department of the Interior (DOI) Department of the Treasury Department of Transportation (DOT) Department of Veterans Affairs (VA) |
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Federal Register
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The official record of what the federal bureaucracy does.
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Freedom Of Information Act
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a federal law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government
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Government Corporations
Amtrak |
The national railroad passenger corporation
Owned by the government |
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Government Corporations
US Postal Service |
responsible for all mail for the United States authorized by Constitution
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GSA
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not sure
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Hatch Act
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A federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds
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Independent Regulatory Commissions
Purpose |
They are formed and accorded power by Congress to regulate a specific industry. Within the authority granted them by Congress, they have the power to form and enforce their own regulations.
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Independent Regulatory Commissions
Compare Power to Cabinet Departments |
more powerful because they are independent of the Congress.
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Independent Agencies
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An agency outside of the presidents control.
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Interstate Commerce Commission
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to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination
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Informal Power Structures
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not sure
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Investigation Power
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Oversight
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Iron Triangle
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the policy-making relationship among the congressional committees, the bureaucracy (executive) (sometimes called "government agencies"), and interest groups.
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Issue Networks
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an alliance of various interest groups and individuals who unite in order to promote a single issue in government policy
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Merit System Or Principle
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A system of public employment in which selection and promotion depend of demonstrated performance rather than political patronage
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Munn vs Illinois 1877
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upheld legislation proposed by the National Grange to regulate the rates of railroad owned grain elevators, declaring that business interests (private property) used for public good be regulated by government
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Office of Personnel Management (OPM)
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an independent agency of the United States government that manages the civil service of the federal government
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Patronage
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the support, encouragement, privilege, or financial aid that an organization or individual gives to another
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Pendleton Act
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a federal law established in 1883 that stated that government jobs should be awarded on the basis of merit
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Privatization/Deregulation
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transferring ownership of a business, enterprise, agency or public service from the public sector to the private sector
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Red Tape
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excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making
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Reforming The Bureaucracy
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It would be a huge task and unrealistic
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Rule Making Process
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After Congress passes new regulatory laws, the agency charged with implementing the law proposes a series of rules, which are published in the Federal Register. Interested parties can comment on the rules, either at public hearings or by submitting documents to the agency. After the agency publishes the final regulations, it must wait sixty days before enforcing those rules. During that time, Congress can review and change the rules if it desires. If Congress makes no changes, the rules go into effect at the end of sixty days.
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Independent Regulatory Commissions
Federal Trade Commission (FTC) |
principal mission is the promotion of consumer protection and the elimination and prevention of what regulators perceive to be harmfully anti-competitive business practices, such as a monopoly.
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Independent Regulatory Commissions
Securities and Exchange Commission (SEC) |
holds primary responsibility for enforcing the federal securities laws and regulating the securities industry, the nation's stock and options exchanges, and other electronic securities markets in the United States
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Independent Regulatory Commissions
Occupational Safety And Health Administration |
mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health
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Independent Regulatory Commissions
Federal Reserve Board |
the board of the central bank of the United States
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Independent Regulatory Commissions
Interstate Commerce Commission |
purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination
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Independent Regulatory Commissions
Federal Communications Commission |
to make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication services with adequate facilities at reasonable charges
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Senior Executive Service (SES)
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Established by Congress in 1978 as a flexible, mobile core of senior career executives who work closely with presidential appointees to manage government
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Spoils System
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a system of public employment based on rewarding party loyalists and friends
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Sunshine Laws
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U.S. federal and state laws requiring regulatory authorities' meetings, decisions and records to be made available to the public
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Whistle-blower Protection Act 1989
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A United States federal law that protects federal whistleblowers, who work for the government and report agency misconduct
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Max Webber
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Described the bureaucracy as a good thing...
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What does the 4th amendment protect us from?
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unreasonable searches and seizures
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What does the 5th amendment provide?
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double jeopardy
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What does the 6th amendment guarantee?
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trial by jury
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What does the 8th amendment protect us from?
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cruel and unusual punishment and excessive fines
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What does a police officer usually have to have in order to get a search warrant?
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probable cause
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What is probable cause?
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the reason that the police have for needed to search the place or person
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What things have to be described in a search warrant?
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place to be searched
thing to be seized probable cause for the warrant |
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What is a plea bargain?
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an agreement between the prosecution and the defense where the defendant pleads guilty to a lessor offense and avoids trial.
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What is double jeopardy?
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being tried for the same crime twice or being punished for the same crime twice
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de facto segregation
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segregation that arises as a result of social and economic conditions such as housing patterns.
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de jure segregation
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officially sanctioned segregation: like "separate but equal school systems"
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What is "due process"?
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rules and regulations that restrain federal and state government officials
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What is "procedural due process"?
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the constitutional requirement that limits HOW the government exercises power:
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Give an example of procedural due process
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criminal trials
administrative proceedings |
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What is "substantive due process"?
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the constitutional requirement that the government ACT REASONABLY and the the laws themselves be FAIR AND REASONABLE
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What civil liberty has the Supremen Court used the doctrine of substantive due process to create
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right to privacy
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What were the significant decisions of the Warren Court?
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They were
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What is the Educational Amendments Act (Title IX)?
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prohibits the discrimination based on sex of any education program receiving federal money
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What is eminent domain?
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The power of federal and state governments to take PRIVATE PROPERTY FOR PUBLIC USE, the government must provide fair compensation.
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What is the Equal Pay Act of 1963/
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It was
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What was the Equal Rights Amendment
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An amendment to the constitution guaranteeing equal rights for women that failed to be ratified by enough states to become part of the constitution.
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What is the "equal protection clause"?
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The clause in the 14th amendment that forbids any state to deny any person in its jurisdiction the equal protection of the laws.
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What have the courts used the "equal protection clause" to do?
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to restrain the government's power to discriminate against persons based on sex, race or national origin.
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What is equality of opportunity?
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a belief shared by most Americans that everyone should have the same chances in life to succeed and live the way they want to.
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exclusionary rule?
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Evidence obtained in violation of the law or the constitution may not be used at trial.
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What is the doctrine of "selective incorporation"?
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court rulings that have applied, on a case by case basis, the DUE PROCESS CLAUSE OF TH 14 AMENDMENT TO THE BILL OF RIGHTS. Essentially, this legal doctrine has altered the balance of power between federal and state government, applying federal standards to many state areas.
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What is 'freedom of expression"?
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speech and expressive actions: First Amendment prohibits Congress from passes laws abridging freedom of speech
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What are the two main categories of speech for purposes of the legal ruling in first amendment free speech cases?
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protected speech
non protected speech |
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What is "protected speech"
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all speech other than non protected speech
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What is 'non protected speech"?
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four narrow categories:
libel obscenity fighting words commercial speech |
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What is libel?
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published defamation or false statements
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What is obscenity?
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Legal definition follows the Miller v. California three part test
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What are fighting words?
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words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
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What is commercial speech?
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advertising and commercials
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What is "prior restraint" of speech
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government forbidding publication of something
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What types of restrictions on protected speech are likely to be constitutional?
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content neutral restrictions
viewpoint neutral laws that have a legitimate government purpose and are narrowly tailored |
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What are the two parts to freedom of religion in the first amendment?
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establishment clause
free exercise of religion |
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What is the "establishment clause"?
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separation of church and state: specifically it says that government shall make to laws respecting the establishment of religion
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What is the "free exercise clause"?
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the government can not make a citizen believe any one religion or deny a right to a citizen because of religious belief.
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What amendment guarantees freedom of speech and assembly?
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1
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