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34 Cards in this Set
- Front
- Back
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Six basic principles of Federal constitution
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1.popular sovereignty
2. limited government 3. separation of powers 4. checks and balances 5. judicial review 6. Federalism |
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Government must obey the law and act in constitutional principles
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Constitutionalism
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Government is subject to the law, never above it
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Rule of Law
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A power assigned to someone
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Vested
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Doesn't go with what Constitution says
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Unconstitutional
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Article 6, Section 2 - Government and Constitution are supreme law of the land
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Supremacy clause
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A change or addition to something
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Amendment
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Changes content to constitution
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Formal amendment
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Procedure to have an amendment
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Proposal ratification
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Requires 2/3 vote of each house of Congress (House and Senate)
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Proposal
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Requires 3/4 vote of state legislatures
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Ratification
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1791, authored by Jefferson, first 10 amendments of Constitution
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Bill of Rights
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Freedom of press, speech, assembly, religion
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1st amendment
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No quartering of troops during peacetime
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3rd amendment
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No unreasonable search and seizure
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4th amendment
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Cannot be forced to testify against onself, cannot be brought up on double jeopardy
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5th amendment
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Right to a speedy trial
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6th amendment
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No cruel or unusual punishment, excessive fines
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8th amendment
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Any power or law not granted to federal government or denied to the states is left up to the state to decide. Example: educational system
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10th amendment - Reserved powers
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Outlaws slavery
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13th amendment
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Gives citizenship to all and equal protection of rights (males only)
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14th amendment
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Right to vote for all males
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15th amendment
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Income tax is legal
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16th amendment
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Direct election of senators
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17th amendment
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Prohibition - Legal level is 1/2 of 1% alcohol or 1 proof
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18th amendment
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Womens right to vote
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19th amendment
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Congress start date changes from 3/3 to 1/3. Inauguration of Pres. from 3/20 to 1/20
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20th amendment
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Repeals prohibition
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21st amendment
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2 term limit for presidents
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22nd amendment
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No poll tax
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24th amendment
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1. If vacancy for president, VP moves up.
2. If vacancy for VP, President appoints one w/ approval of the Senate 3. If pres is unable to perform, VP becomes temporary president 4. If VP & Cabinet feel Pres is not able to perform, VP can take over |
25th Amendment
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18 year olds may vote
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26th amendment
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Changes intent of Constitution
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Informal amendment
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5 Ways an informal amendment can happen
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1. Basic legislation (passing of laws)
2. Executive action (action by pres) 3. Court decisions 4. Party practices 5. Customs and tradition |
