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70 Cards in this Set

  • Front
  • Back
Democracy
people hold supreme power through elected officials
republic
power rests in citizens entitled to vote
federal government
national government and states share sovereign power
Commerce Clause
legislature can regulate commerce with foreign nations, among states, and with Indians
police powers
states have the power to regulate affairs between borders; public order, health, safety, morals, and general welfare
supremacy clause
when there is a conflict between state and federal law; federal law wins
taxing and spending powers
power to lay and collect taxes, duties, imposts, and excises; also can pay debts and provide common defense
privileges and immunities clause
each state must treat citizens of other states in the same mater as their own citizens
full faith and credit clause
each state honors acts, records, and judicial proceedings of other states
freedom of speech
not free from the consequences
establishment clause
cannot make state-sponsored relegion
free exercise of religion
cannot be compelled to do something that is against beliefs
due process
cannot be deprived of life, liberty, or property
procedural due process
decisions and procedures must be fair
substantive due process
legislation content must be fair
civil
beyond a preponderance of the evidence
criminal
beyond a reasonable doubt
felony
imprisonment of a year and a day or longer
misdemeanor
up to 12 months of jail time
malum in se
wrongful in and of themselves
malum in prohibitum
wrong because it is prohibited
actus rea
prohibited act
mens rea
intent
embezzlement
theft of property entrusted to you
model penal code
lacked capacity to conform to a standard (1/2)
irresistible-impulse
knew wrong but couldn't help oneself (1/6)
M'Naghten
knows wrong from right. (1/3)
miranda rule
suspects must be informed of their right to remain silent and to have counsel present during questioning
exclusionary rule
illegally or improperly obtaining evidence
RICO
Rackateer influenced and corrupt organization
establishment clause
cannot make state-sponsored relegion
free exercise of religion
cannot be compelled to do something that is against beliefs
due process
cannot be deprived of life, liberty, or property
procedural due process
decisions and procedures must be fair
substantive due process
legislation content must be fair
fair-use doctrine
allows for education; must cite sources
trademark
mark, motto, device that is stamped on product to make recognizeable
felony
imprisonment of a year and a day or longer
patent
grant from gov that gives right to make or sell and invention
copyright
intangible property right granted to author
22
president is limited to two terms
6
speedy and public trial

cross examine witnesses
16
congress has power to lay and collect taxes on incomes
15
voting cannot be denied by race, color, or servitude
14
birthright citizenship
every person counts
no confederates to hold offices
not liable for confederate debts
20
president to take office in january
19
voting cannot be denied by sex
18
prohibition of alcohol
17
direct election of senators
9
people have rights in addition to those specified in the constitution
5
right to indictment by grand jury
due process of law
fair payment when private property is taken
compulsary self-incrimination
24
poll tax prohibited
27
congressional raises do not take effect until an election intervenes
25
procedure upon death of the president
21
repeal of prohibition
10
the powers neither delegated to the state or to the federal gov reside with the federal gov
Article 5
amending the constitution
13
abolished slavery
26
voting age is 18
3
lodging of soldiers without permission
4
unreasonable search and seizures
2
keep and bear arms
1
relegion, speech, petition, press, assembly
Article 4
one nation with full faith and credit and priviledges and immunities clause
5
prohibits double jeopardy
7
trial by jury
8
excessive bail and cruel and unusual punishment
Article 2
executive branch is outlined
they enforce the laws
article 3
judicial branch is outlines
they interpret the laws
article 1
legislative branch is outlined
they write the laws