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169 Cards in this Set
- Front
- Back
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as drafted by the framers of the Constitution, the Bill of Rights applied only to:
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federall government
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false and defamatory speech which damges a person's good name, character, or reputation
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slander
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Wisconsin v. Yoder ruled that children could not be forced to do what if it is contrary to their religous beliefs
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attend school past a certain grade
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wearing a red ribbon in honor of AIDS victims is an example of:
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symbolic speech
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damaging a person's reputation through the written word is called:
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Libel
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Burning draft cards was not a protected form of speech because:
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It interfered with the lawful fuctioning of government
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Cenorship of a work before it is published is:
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Legal only if the government can prove it is a threat to national secruity
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When police intervene because onlookers are threatening public disorder, it is called:
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Hecklers Veto
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The Miller v California case set standards of determining if something is
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Obscene
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The ability of government to prevent material from being printed or reported in the press is
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Prior restraint
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Advertising________ have first amendment protection
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does not
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Denying religious groups access as granted to othe groups on college campuses violates
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Rightto Pure Speech
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The Free Excercise Clause has been interperted to say that the belief in religion is protected butoften belief leads to ______ which may be regulated
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action
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The Board of Supervisors could refuse to allow the KKK to march on route 29 north because
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they have a compelling interest to keep the road open to traffic at all times
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the public television and radio airwaves are controlled by
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the Federal Communications Commission
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In Employment Divison v Smith the court upheld oregons refusal to pay worker's compensation to employees terminated for ceremonial use of Peyote, saying that:
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The state does not need compelling interst to justify a general criminal law
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True or False:
Students have some free speech protection in public schools |
true
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True or False
Governmental bodies may not provide fro transportation of students to non- public religious schools because this practice benefits religion |
False
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True or False
Membership in groups hold ideals contrary to the democratic style of gov is not protected by the 1st amendmetn |
False
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True or False
Organized Prayer in school is prohibited when initiated by non-students |
True
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True or False
In all cases, it is legal to march without a permit as long as the group is not impending progress of people going to and fro in their daily lives |
False
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True or False
In the case of Branti v Finkel party affilitation was found to be a form of expression and therefore a protected speech form |
True
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In kovacs v Cooper, the Supreme court upheld the conviction of the truck driver because the amplified sound was too loud to escape thereby violating a key concept of pure speech
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True
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May be Marching, singing, picketing, or chanting
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Speech Plus Actions
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Actions and symbols rather than words
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Symbolic Speech
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Most protected type of speech
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pure speech
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spoken words only
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pure speech
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least protected speech
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symbolic speech
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listening must be voluntary
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pure speech
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The first amendment offers 2 religious protections which are
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the establishment clause and the free excercise clause
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The Free excercise clause
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allows us to practice religious beliefs that do not interfere with others or undermine the standards of society
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the case which gave the movies portections as a form of the press was
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Burstyn v. Wilson
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United States v. overturned
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The 1989 Flag Protection act
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In the case New york v US the supreme court stated that prior restraint may only be justified by proving publication will result in
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direct and serious harm to the nation
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In Miller v California the court definied obscenity in part as being defined as _______ appllying contemporary standards
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an average citizen
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denying the same access to facilities as granted to other groups on college campuses violates students freedom of speech but not the establishment clause
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Widmar v. Vicent
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In this case the court stated that while the government must protect your right to free speech they had no obligation to fund it
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Rust v Sullivan
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a federal bill of rights was first proposed by
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george mason
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though he was originally against the Bill of Rights _______ authored the document
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James Madison
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The virginia statute of religious liberties guaranteed all of the following except
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the right to pray in legislatures
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Censorship of a work before it is published is
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Legal only if the government can prove it is a threat to national security
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which of the following rights are not guranteed by the first amendment
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advertising
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Our State senator
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creigh deeds
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SC limited free speech rights in this case when it determined that the government has the right to control the streets
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Cox v New Hampshire
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Our Rep in the US House of Rep
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Tom Periello
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This case marked the first time the SC extended a portion of the Bill of Rights to state cases
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Gitlow v New York
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In this case the court ruled that even an average ciitzens could not make obscene what is not obscene
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Jenkins v Georgia
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The right of religious groups to use public school facilities if other non-religious groups are allowed to is called
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the equal access doctrine
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The SC first used the term "wall of separation" in discussing the Establishment Clause in this case
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Everson v. Board of Education
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Gitlow important?
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gitlow doctrine, clear and present danger
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Tinker v. Des Moines Independent Community School District
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form of symbollic speech
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Feiner v New York
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first time limited symbolic speech
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overturn child porn act
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too vague
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morse v. fredrick
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in favor of school, student was a school function
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Sunshine Laws
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laws that require governmental meetings to be public
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Edward v South Carolina
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peaceable assemblies
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Child Benefit Theory
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gov actions against organizations that promote child safety can be approved
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incorporation
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SC applies a portion of Bill of Rights to th States
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Right to call a witness
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amendment 6
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Eliminated the poll tax
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amendment 24
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right to a speedy trial
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amendment 6
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prohibited alcohol
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amendment 18
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protection against self-incrimination
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amendment 5
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right to know charges against you
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amendment 6
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freedom of petition
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amendment 1
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states the VP succeeds the president in case of his disability or death
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amendment 25
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gives all rights not listed previously to the states
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amendment 8
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allows the VP and a mojority of the cabinet to declare the President disabled
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Amendment 25
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freedom of religion
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amendment 1
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right to counsel
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amendment 6
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freedom of press
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amendment 1
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right to a reasonable bail and fines
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amendment 8
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repealed prohibition
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amendment 21
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freedom of speech
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amendment 1
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granted the right to vote for all men regardless of race, color and creed
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amendment 15
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granted due process rights in state cases
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amendment 14
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protection against unreasonable search and seizure
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amendment 4
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protects citizens against double jeopardy
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amendment 5
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right to bear arms
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amendment 4
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freedom of assembly
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amendment 1
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no cruel and unsual punishment
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amendment 8
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definied citizenship and the rigths of citizen
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amendment 14
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granted women the right to vote
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amendment 19
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states that the rights listed in the Constitution are not only rights restrained by the people
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amendment 9
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just compensation for eminent domain
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amendment 5
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ended slavery
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amendment 13
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changed the date of the inauguration from early March to January 20
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amendment 20
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no housing of troops in private homes except in times of war
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amendment 3
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when congress votes itself a pay raise, it cannot take effect until after the next election
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amendment 27
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gave the district of columbia electoral votes
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amendment 23
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limited the president to 2 terms or a total of 10 years in office
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amendment 22
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allowed for a jury in civil cases where the damages exceed $20
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amendment 7
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defined how to sue the states
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amendment 11
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allowed for a national income tax
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amendment 16
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changed the way electors select the President requiring one vote for president and one for VP
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amendment 12
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changed the method of election for US senators
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amendment 17
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changed the voting age to 18
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amendment 26
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Bicarmeral means
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two houses
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a member of the House of Reps must be how old
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25
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a member of the Senate must have been a US citizen for how many years
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9
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the Senate reached its current size in what year
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1959
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the minimum number of Reps allocated to each state
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one
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Rep Nancy Pelosi a Democrat holds what position in the House
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Speaker of the House
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For a vote of cloture to be successful, at least _____ must vote in favor of the motion
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3/5
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Conference Committees
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reconcile differences between the house and senate on different version of the same bill
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who is the speakers top assistant
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majority leader
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a special session of congress is called
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when the president decides it is needed
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reapportionment is done every
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10 years
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according to the qualifications specified in the Constitution which of the following would prevent Jane Smith from becoming a member of the US Senate
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she does not live in the state she hopes to represent
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the term of office for a senator is
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three times as long as that of a rep
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the size of the house was fixed at its current size because
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Congress decided that the house was getting too large
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6 states have only one seat in the house of reps because
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their small populations do not entitle them to more than one
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senators are more able to take an unpopular stand on an issue because
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they are up for re-election less often
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which of the following statements about the Committee of the Whole is not true
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it considers only tax measures
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the senate usualy conducts business based on
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unanimous consent
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the president of the Senate
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may only vote to break a tie
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the power of Congress to regulate interstate trade is called a
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delegated power
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all treaties must be approved by a 2/3 vote of
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the senate
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These committees exist for a specific purpose and are for a specified limited time
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select
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who is the president pro-temp of the senate
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Robert Boyd
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Pork Barrel legislation is
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federal projects which only benefit a certain segment of the population or geographic area
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Uncontrollable expedenditutres are termed
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entitlements
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Cloture
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US senate
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impeachment charges
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house of rep
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approval of presidental appointments
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Senate
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execute the law
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neither
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rules committee
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house of rep
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filibuster
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senate
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franking privilege
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both house and senate
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hearings into the action of Executive Departments
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both house and senate
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sessions
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both house and senate
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subcommittees
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both house and senate
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speaker
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house
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president pro-tempore
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senate
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committee of the whole
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house
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tie-breaker system
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senate
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president of US presides
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neither
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reapportionment
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house
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caseworkers
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both house and senate
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contempt of congress
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both house and senate
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veto
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neither
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veto override
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both
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closed rule
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house
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joint resolutions
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both house and senate
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what plan at the constitutional convention was the basis for the senate
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New Jersey Plan
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how many members constitute a quorum for the House to consider legislation as a committee of the whole
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100
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what are caseworkers
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staff that works spefically on constituant issues
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what is the symbol of authority in the House
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46 inch mace topped with an eagle
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define implied powers
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elastic clause not specifically written
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rep are elected from what type of district
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single- member
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senators are elected from what type of district
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at large
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how often are senators elected
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every 6 years
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how many members of congress are there
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535
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what are incumbents
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people who are already in office
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when a bill is introduced in the house what does the rep do to it
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hopper
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what is a quorum
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minimum number of party memebers able to have a vote
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on what plan at the constitutional convention was the house of reps based
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virginia plan
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who breaks a tie in the house
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it dies
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who breaks a tie in the senate
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president of the senate
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what amendment required raises for congressmen to be delayed until the term after it is passed
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27th amendment
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name one congressional support agency
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library of congress
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when a committee revises a bill what is the term for what the committee does
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mark up
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the census taken every 10 years may affect the number of members per state in the chamber
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house
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who is the leader of the senate
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VP
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what does a Conference Committee do
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reconcile differences between the house and senate on different version of the same bill
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who may introduce laws in congress
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rep or senator
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what party controls the congress today
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democrats
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name 3 of the 5 types of committees in congress
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joint, select, standing
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options president has once the bill arrives on his desk
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veto
pocket veto sign and make law 10 days congress is in session, automatic law |
