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37 Cards in this Set
- Front
- Back
Framers
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Founding Fathers of the United States.
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Compromise about power
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The Constitution is a series of compromises about power, through separation of powers, Federalism, and individual rights.
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Separation of Powers
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The separation of powers into 3 branches of government including the Congress (Legislative), the President (Executive), and Supreme Court (Judicial).
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Federalism
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Article I section 8 of the constitution limits issue which allows Congress to legislate. For example, congress has the power to regulate the post office because its' on the Article, but not the power to regulate child custody in a divorce.
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Bill of Rights
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The first 10 amendments to the constitution, which guarantees many liberties to individual citizens.
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The Commerce Clause
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Clause in the Constitution which gives congress the power to regulate commerce with foreign nations and among states.
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The Commerce Clause Regarding International Commerce
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Gives Congress the exclusive power to regulate international commerce.
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The Commerce Clause Regarding Domestic Commerce
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Gives Congress Concurrent Power to regulate trades between states.
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The substantial effect rule
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Congress may regulate any activity that has a substantial economic effect on interstate commerce.
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The Dormant Aspect of Commerce Clause |
The dormant aspect holds that a state statute which discriminates against interstate commerce is almost always unconstitutional. |
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The Supremacy Clause |
Makes the constitution, and federal statutes and treaties, the supreme law of the land, that is, the federal law preempts the field, meaning it controls the issue. The state law is void. |
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3 Key Powers of the Executive Branch |
Appointment, legislation, and foreign policy. |
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True or False: The President has the power to fire and appoint a new head of the Environmental Protection Agency, simply because he disagrees with the opinions of the current one. |
True. |
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True or False: Both the congress and the president can propose new bills. |
True |
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The President cannot do the following: A) Dispatch warships to foreign territory B) Order troops to invade a country without formal declaration of war C) Declare War D) Order military bombings without approval by congress. |
C) Declare War |
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What are the two key functions of the Judicial Branch? |
Adjudication and Judicial Review |
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Adjudication |
To provide formal judgement on disputed cases by the lower courts. |
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Judicial Review |
The power of the federal courts to declare a statute or governmental action unconstitutional and void. |
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Judicial Activism |
A court's willingness to be involved in major issues. |
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Judicial Restraint |
A court's attitude that it should leave lawmaking to legislators. |
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First Amendment of the Constitution |
Freedom of speech. Stating that "Congress shall make no law... abridging the freedom of speech..." |
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Political speech |
Protected unless it is intended and likely to create imminent lawless action. |
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Does a town requiring citizens to apply for a permit before using a public park for demonstration violate the freedom of speech? |
No. The government may regulate the time, place, and manner of such speech. |
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Commercial Speech |
Communication, such as advertisement, that has the dominant theme of proposing a business transaction. The government may regulate other commercial speech, provided that the rules are reasonable, and directed to a legitimate goal. |
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Taking Clause |
Ensures that when any government unit takes private property for public use, it must compensate the owner. |
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Procedural due process |
Ensures that before the government takes liberty or property, the affected person has a fair chance of oppose the action. |
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Appropriate amount of due process |
What sort of hearing the government must offer depends upon how important the property or liberty interest is and on whether the government has a competing need for efficiency. |
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Eminent Domain |
The power of the government to take private property for public use. |
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Substantial Due Process |
Holds that certain rights are so fundamental that the government may not eliminate them. |
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Fundamental Rights |
Rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional. |
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Infringement of Fundamental Rights |
Any law that infringes upon fundamental right is presumed invalid and will be struck down unless it is necessary to a compelling government interest. |
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Equal Protection Clause |
The 14th amendment of the constitution, stating that generally speaking, governments must treat people equally. |
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What are some of the protected classes covered by the 14th amendment? |
Economic and Social status, Gender, Race, and Ethnicity. |
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Which of the protected classes are upheld under minimal scrutiny? |
Laws that regulate economic or social issues. |
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Which of the protected classes are upheld under Intermediate Scrutiny? |
Classifications based on Gender |
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Which of the protected classes are upheld under strict scrutiny? |
Any government action that intentionally discriminates against racial or ethnic minorities, or interferes with a fundamental right is presumed invalid.
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Does a private university requiring a dress code and banning foul language violate a person's first amendment rights? |
No. Constitutional rights offer protection only from government action, not from the conduct of private citizens or corporations. A private university may have rules that are unconstitutional. |