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80 Cards in this Set
- Front
- Back
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Article IV of the constitution says what?
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Full faith and credit clause, priveledges and immunities clause = Everyone is entitled to the same laws, authority, etc. no matter where they are.
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Article V
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Congress has the power to propose more amendments and so do state legislatures
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Article VI
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Supremacy clause
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Article VII
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Ratification of 9 states is enough for the establishment of the Constitution
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Bill of attainders and ex post facto laws
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NO NO NO
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What body of power can remove the pres
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senate
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what body of power can indict the pres
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House
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What are the 2 ways that amendments to the Constitution can be proposed?
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2/3 state legislatures,
2/3 congress |
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what are the 2 ways that the constitution can be ratified?
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3/4 state conventions
3/4 state legislatures |
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Amendment 1?
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Free speech, religion, press, petition
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amendment 2
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right to bear arms
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3rd amendment
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no quartering w/o approval
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right against unreasonable searches and seizures
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4th amendment (think Mapp v. Ohio)
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Amendment 5
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No person should be denied due process of law (think of Gideon v Wainwright)
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Amendment 6
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right to a speedy trial
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Amendment 7
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Trial by jury in virtually all cases
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Amendment 8
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no cruel and unusual punishment, excessive bail
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Amendment 9
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certain rights that are granted to the branches are not meant to hurt the public.
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Amendment 10
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Powers reserved to states
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Amendment 11
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Judicial power cant extend to any suit in law or equity
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Amendment 12
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President and VP are on the same ballot
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Amendment 13
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Abolishment of slavery
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Amendment 14
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naturalization, due process of rights
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Amendment 15
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right to vote (for free men)
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Amendment 16
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Congress has power to collect income tax
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Amendment 17
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Direct election of senators by people
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Amendment 18
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Prohibition
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Amendment 19
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women can vote
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Amendment 20
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Times congress should meet
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Amendment 21
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repeal of prohibition
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Amendment 21
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Repeal of prohibition
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Amendment 22
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presidents can only have 2 terms (4 yrs each)
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Amendment 23
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voting/representation of D.C.
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Amendment 24
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You dont have to pay a poll tax
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Amendment 25
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VP should become president if anything happened to president
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Amendment 26
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18 yr olds can vote
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Amendment 27
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No law varying the compensation for the services of the Senators and reps should take effect until election time
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Congress had the power to incorporate a bank and a state should not tax instruments of the national govt
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mcCulloch v Maryland
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The Supreme court held that Congress lacked the authority to enact the Act since the statue did not regulate an activity that affected interstate commerce
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US vs Morrison
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Gideon v Wainwright (1963)
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Under the SIXTH amendment, ppl r guaranteed a right to counsel
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NY Times v Sullivan
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the 1st amendment protects the publication of all statements, including false ones.
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Plessy v. Ferguson
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state facilities could be separate just as long as they were equal
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Gibbons v Ogden
Could the state of NY regulate interstate commerce? |
No, regulation of interstate commerce is solely reserved to COngress
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Brown v board of education
Does segregation in public schools deprive minority students? |
yES b/c they arent really equal
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brown v board II
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implement policies ASAP
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engel v vitae
Is prayer reading in public schools unconstitutional? |
Yes b/c it violates the establishment clause that public systems, including the govt, should not enforce religion
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zelman v. simmons-harris
Does the Ohio's school voucher program violate the establishment clause? |
Their giving aid to certain students to go to religious schools does not advance or induce religion
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Roe v Wade
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Women have a right to abortion during the 1st trimester
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Buckley v Valeo
did campaign limits violate the 1st amendment right? |
No----restrictions guarded against unfair practices.
Related to Federal Election Commission |
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Youngstown sheet and Tube Co. V. Sawyer (1952)
Did the president have the authority to give an order for operation of steel mills? |
NO! None of his duties give him this power
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U.S. v. Curtiss-Wright Export Corporation
Did Congress in its joint resolution unconstitutionally delegate legislative power to the president? |
The Court found no problem with this; the president could act as a representative of the nation
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Marbury v madison
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you should know this
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Bush v Gore
Did the florida supreme court violate aticle ii section 1 calus |
yes it was unfair
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Barron v Baltimore. did the 5th amendment deny the right of the states and US govt to seize private property for public use w/o justly compensating the property's owner?
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NO! the 5th amendment does not apply directly to the states
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Ex parte milligan
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Trials of civilians by presidentially created military commisions were unconstitutional
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ex parte merryman
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president cannot suspend habeus corpus
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hamdi v rumsfeld
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Hamdi got his day in jail
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Fed paper 47
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the branches of govt should not be completly separate and distinct
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Fed paper 48
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checks and balances, not just division of powers
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fed paper 51
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supreme court shouldnt be able to elect new justices because they might end up chosing ppl who arent that qualified
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16 fed
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the articles gave too much power to the states and not enough to the NATIONAL govt which needs to be able to defend itself
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17 fed
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state/local govt as a check for national govt
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44 fed
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states cant make their own treaties
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45
NO! the fed needs the states |
will the powers alloted to the fed govt infringe on the states rights?
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What is a republican form of government?
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a govt that derives its power indirectly or directly from its people.
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10
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a strong union can break and control factions w/o limiting freedom
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53
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biennial elections are good
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62
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examination of the senators
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John Locke's state of nature
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state of equality where no one has power over one another and can do whatever they want.
this doesnt warrant abuse or crime |
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Natural liberty
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person has the right to be ruled under laws of nature
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social liberty
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right to be under no legislative power other than that founded by the commonwealth
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state of slavery
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extension of state of war to a group of ppl
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what is individual property?
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when someone exerts labor on something, that thing becomes theirs
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People are born free w/o reason
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AKA TAbula rasa
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conjugal society
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man/woman in a household hold all power in a household
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asbolute power is evil...why?
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b/c there is no common authority
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What three things does nature lack?
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1. law
2. a judge 3. executers |
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To gain the three things that nature lacks what do ppl must do?
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people must give up some of their rights
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Executive should always be doing its job
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why? b/c that is what it does
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tyranny
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the exercise of power beyond right
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