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8 Cards in this Set

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What is Due Process?
Due process[due process: the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards], guaranteed by the Fifth and Fourteenth amendments to the Constitution, requires that those accused of a crime be given a fair hearing and the chance to defend themselves.
what is Repubican Government?
The opening paragraph, the Preamble, is a single, long sentence that defines the broad purposes of the republican government[republican government: a representative political system in which authority comes from the people and is exercised by elected officials] created by the Constitution.
what is Enumerated Powers?
Enumerated powers[enumerated powers: those powers of the national government that are specifically listed in the U.S. Constitution] are those that are specifically listed in the Constitution,
such as the power to collect taxes, coin money, and declare war.
what is Implied Powers?
Implied powers[implied powers: those powers of the national government, and particularly of Congress, that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility] are those that the legislature can claim as part of its lawmaking responsibility. This claim to implied power stems from Clause 18 of Section 8, which says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties.
What is the Necessary And Proper Clause?
This Necessary and Proper Clause[Necessary and Proper Clause: a clause in Article 1, Section 8 of the U.S. Constitution, which says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties; also known as the Elastic Clause] is also known as the Elastic Clause[Elastic Clause: a clause in Article 1, Section 8 of the U.S. Constitution that allows Congress to stretch its lawmaking powers to include laws that are “necessary and proper” for carrying out its duties; also known as the Necessary and Proper Clause], since it can be “stretched” to cover a variety of issues and circumstances.
what is Habeas Corpus?
Habeas corpus is the right of accused persons to be brought before a judge to hear the charges against them.
what does Jurisdiction mean?
It defines the jurisdiction[jurisdiction: the subject matter over which a court may exercise authority; also, a court’s power to hear a case] of the federal courts, specifying the types of cases that can be tried.
What is Supremacy Clause?
[Supremacy Clause: a clause in Article VI of the U.S. Constitution, stating that it is the “supreme Law of the Land”; this means that federal law supersedes all state and local laws]