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82 Cards in this Set
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Magna Carta
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forced upon King John (England) in 1215 establishing the powers of the monarch re not absolute and guaranteeing trial by jury and due process of law
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The Petition of Right
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Document prepared by Parliament and sighed by King Charles I of England in 1628; challenged the idea of Devine Right and declare that even the monarch was subject to the laws of the land
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the Enlightenment
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18th century; movement advocating reason as a basis of authority
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Thomas Hobbes
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English philosopher; wrote Leviathan; rejects free will; Men in a state of nature, that is a state without civil government, are in a war of all against all in which life is hardly worth living. The way out of this desperate state is to make a social contract and establish the state to keep peace and order.”
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John Locke
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Government is only legitimate if it received the consent of the people and protected life, liberty, and property; social contract; right to rebellion
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Jean-Jacques Rousseau
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Philosophy during the Enlightenment who influenced the French Revolution, nationalism, and the socialist theory
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Montesquieu
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socialist commentator and political thinker during the enlightenment; separation of powers
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Thomas Jefferson
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Principle author of the Declaration of Independence; supported the Establishment Clause
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direct democracy
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people vote on all issues
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unitary government
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a centralized government in which all powers belong to a single, central agency
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parliamentary democracy
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the executive branch is made up of the prime minister and their official cabinet
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representative democracy
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public policies are made by officials selected by voters and held accountable in periodic elections
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popular sovereignty
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outcomes are determined in a vote; by the people for the people
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Constitutional Convention
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Gathering of delegates to create the articles of confederation
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Articles of Confederation
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Plan of government after the American Revolution establishing “a firm league of states”; allowed few important powers to the central government
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Patrick Henry
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Prominent figure in the American Revolution; “Give me liberty or Give me Death” advocate of the revolution and republicanism due to governmental corruption
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Common Sense
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Written by Thomas Paine; denounced British rule and contributed to the American Revolution; 1776
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James Madison
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“Father of the Constitution” “Father of the Bill of Rights”; wrote many Federalist papers; leader of the 1st congress; checks and balances to limit the powers of special interest (fractions); aristocracy and corruption should be fought “republicanism”
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Bill of Rights
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1st ten amendments to the Constitution
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Alexander Hamilton
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Leader of the Constitutional Convention in 1787; helped write the Federalist Papers; 1st Secretary of State; influenced an elastic interpretation of the Constitution; creation of the national bank and standing army and navy
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John Jay
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1st Supreme Court Justice
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Daniel Shays
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Leaders of Shay’s rebellion (against Massachusetts) over debts and taxes
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pocket veto
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when the president doesn’t not sigh or reject a bill within the time allowed
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delegated powers
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powers specifically stated in the Constitution
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reserved powers
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powers not granted to the National Government and does not deny to the states
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concurrent powers
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powers help at both the state and federal level
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Supremacy Clause
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constitution is the highest law in the land; no one is above the Constitution
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Necessary and Proper Clause
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Elastic clause or basket clause; creates the implied powers of the federal government
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nonpartisan elections
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elections in which candidates are not identified by party labels
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run-off elections
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when the top two vote-getters face one another
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primaries
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in which party members choose the party’s candidate
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closed primaries
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only declared party members can vote
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open primaries
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any qualified voted can vote regardless of party affiliation
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caucuses
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a group of like-minded people who meet to select the candidates they will support in an upcoming election
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blanket primary
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voters receive a long ballot containing the names of all contenders, regardless of party and can vote however they choose
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Bipartisan Campaign Reform Act
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2002; BCRA/ McCain-Feingold; a federal law regulating the amount of money allowed in political campaigns; in response to: increased the role of soft money, proliferation of issue ads, and disturbing campaign practices during the federal elections of 1996
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Solid South
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The electoral support of the Southern states for Democratic Party candidates after the Reconstruction era (1877-1964)
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Ross Perot
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Billionaire who ran for president in 1992 and 1996; founded the Electronic Data System in 1962;
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Reapportionment Act of 1929
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Established a permanent method for apportioning House seats according to each census; allows states to draw districts of varying size and shape; allowed states to abandon districts altogether and elect at least some representatives; 435 members in the House
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Speaker of the House
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The majority leader of the House of Representatives; currently Nancy Pelosi
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President of the Senate
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United State’s vice president; holds tie-breaking vote but usually does not preside over Senate
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Presidential Succession Act of 1947
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Established the order of succession to the presidency
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loose constructionist
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people who believe that the Constitution changes interpretations with time
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strict constructionist
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people who believe that the interpretation of the Constitution can not change with time
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bicameral legislature
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two house legislation; congress
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unicameral legislature
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one house
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seniority rule
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unwritten; top post are reserved in each chamber for members with the longest records of service
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War Powers Resolution of 1973
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Limits the powers of the president to wage war without the approval of Congress
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Gerrymandering
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Redrawing the district lines to create a majority, minority, or cross section; almost decides the outcome of the election in that district
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Logrolling
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given to one legislation with the understanding the favor will be returned
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riders
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items added to bills often having nothing to do with them
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pork barrel projects
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government spending intended to benefit constituents of a politician in return for their political support
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Andrew Jackson
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Founder of the modern Democratic party; promoted the strength of the Executive Branch and the Presidency at the expense of Congressional power while seeking to broaden the public’s participation in government; demanded elected not appointed judges; favored geographical expansion;
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Theodore Roosevelt
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Leader of the Republican party and the Progressive Movement; distrusted wealthy businessmen; negotiated Panama Canal; Square Deal promised a fair shake for both the average citizen, including regulation of railroad rates and pure food and drugs
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Franklin Roosevelt
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Created the New Deal to provide relief for the unemployed, recovery of the economy and reform of the economic and banking systems; reenergized the Democratic Party
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Geraldine Ferraro
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A Democrat and former member of the House; 1st and only woman to represent a major US political party as a candidate for Vice President; 1984
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Cabinet
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presidents appointed advisor; heads of the Executive Departments
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Office of Management and Budget
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The largest office within the Executive Branch; oversees activities of federal agencies
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National Security Council
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A Executive Branch body responsible for coordination policy on national security issues and advising chief executive on matters related to national security
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Central Intelligence Agency
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To obtain and analyze information about foreign governments, corporations, and persons and reporting such information to branches of the government
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Board of Education of Westside Community Schools v. Mergens (1990)
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The Supreme Court decided that the students had the right to begin their Christian Club.
This decision permitted religious activities to take place in public schools. The Court believed that it was important that the activity be student-led and initiated in order to avoid excessive entanglement |
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Wallace v. Jaffree (1985)
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Deciding on the issue of silent school prayer. An Alabama law had required that each school day commence with a moment of "silent meditation or voluntary prayer". A parent of a student sued the state, claiming that the law violated the Establishment Clause of the First Amendment. The Supreme Court ruled 6 to 3 that the Alabama law violated constitutional principle
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Republican Party of Minnesota v. White (2002)
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A decision of the Supreme Court of the United States regarding the First Amendment rights of candidates for judicial office. Minnesota, like most states, had a code of judicial ethics that constrained candidates seeking election as a judge from discussing issues that could come before them if elected—referred to as an "announce clause." In a 5–4 opinion, the court ruled that Minnesota's requirement of judges not to discuss political issues was unconstitutional
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Nixon v. Shrink Missouri Government PAC (2000)
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Shrink Missouri Government, a political action committee, and Zev David Fredman, a candidate for State office, sued Missouri's Attorney General, Jeremiah J. Nixon, challenging the constitutionality of a Missouri law that limited contributions to candidates for political office. In a 6-3 decision, the Supreme Court upheld Missouri's limits on contributions to candidates for State office.
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Watchtower Bible and Tract Society v. Village of Stratton (2001)
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The Village of Stratton promulgated an ordinance that prohibits canvassers from entering private residential property to promote any cause without first obtaining a permit from the mayor's office. Watchtower Bible and Tract Society of New York, Inc., a congregation of Jehovah's Witnesses that publish and distribute religious materials, brought an action for injunctive relief, alleging that the ordinance violates their First Amendment rights to the free exercise of religion, free speech, and freedom of the press. Court held that the ordinance's provisions making it a misdemeanor to engage in door-to-door advocacy without first registering with the mayor and receiving a permit violate the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills. The Court reasoned that the village's interest in preventing fraud could not support the ordinance's application to the religious organizations, to political campaigns, or to enlisting support for unpopular causes
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Gibbons v. Odgen (1824)
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was a case in which the Supreme Court of the United States held that the power to regulate interstate navigation was granted to Congress by the Commerce Clause of the Constitution.
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McCulloch v. Maryland (1819
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The state of Maryland attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable, the U.S. Bank was the only out-of-state bank then existing in Maryland, and the law is generally recognized as specifically targeting the U.S. Bank. The Court invoked the Necessary and Proper Clause in the Constitution,
This fundamental case established the following two principles: That the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government, and That state action may not impede valid constitutional exercises of power by the Federal government. |
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Watkins v. United States (1957)
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John Watkins was convicted for refusing to answer questions of the House Un-American Activities Committee (HUAC) about people he believed were no longer members of the Communist Party. He asked the Supreme Court to review his conviction after it was affirmed by the Court of Appeals. the Supreme Court held that the congressional subcommittee had not given Watkins a fair opportunity to determine whether he could lawfully refuse to answer questions, and that his conviction for “contempt of Congress” was therefore invalid under the Fifth Amendment's Due Process Clause
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Nixon v. Fitzgerald (1982
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The Supreme Court ruled that the President is entitled to absolute immunity from liability for damages based on his official acts.
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United States v. Nixon (1974)
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. It was a unanimous 8-0 ruling involving President Richard Nixon and important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president and that executive privilege does not apply to "demonstrably relevant" evidence in criminal cases.
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Marbury v. Madison (1803)
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The case resulted from a petition to the Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams's Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The case was ultimately unsuccessful for Marbury, who never became a Justice of the Peace in the District of Columbia.
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Dennis v. United States (1951)
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In 1948, the leaders of the Communist Part of America were arrested and charged with violating provisions of the Smith Act. The Act made it unlawful to knowingly conspire to teach and advocate the overthrow or destruction of the United States government uphold the conviction of Dennis and 10 other members of the CPUSA. Chief Justice Fred M. Vinson announced the decision in this case. He argued that protecting the national security of the United States justified use of the Smith Act to limit the free speech of individuals advocating forcible overthrow of the national government
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Schenck v. United States (1919)
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Decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. The defendant, Charles Schenck, a Socialist, circulated a flyer to recently drafted men. As a result of the 9-0 decision, Charles Schenck spent six months in prison. The requirement to establish "clear and present danger"
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Tinker v. Des Moines School District (1969)
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High school students protested the Vietnam War by wearing black armbands in school. School officials had adopted a policy banning the wearing of armbands two days before the students' action. When the students wore the armbands to school they were sent home and suspended until they returned without them. The students claimed that their First Amendment rights were violated by the schools' action. Finding that the actions of the Tinkers in wearing armbands did not cause disruption held that their activity represented constitutionally protected symbolic speech.
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Ex parte Milligan (1866)
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Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War ended. Milligan also attempted to take over the state governments of Indiana, Ohio, and Michigan. Court ruled that military tribunals could not try civilians in areas where civil courts were open, even during times of war.
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Gregg v. Georgia (1976)
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Reaffirmed the Supreme Court's acceptance of the use of the death penalty in the United States.
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Miranda v. Arizona (1966)
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Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police
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New Jersey v. T.L.O. (1985
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Was a case appealed to the Supreme Court of the United States in 1984, involving the search of a high school student for contraband after she was caught smoking. She was charged as a juvenile for the drugs and paraphernalia found in the search. She fought the search, claiming it violated her Fourth Amendment right against unreasonable searches. The U.S. Supreme Court, in a 6-3 ruling, held that the search was reasonable under the Fourth Amendment.
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Bob Jones University v. United States (1983)
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a decision by the United States Supreme Court that held that the IRS could, without the approval of the United States Congress, revoke the tax exempt status of organizations that are contrary to established public policy
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Grutter v. Bollinger
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a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."
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Gratz v. Bollinger (2003
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was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy. In a 6–3 decision announced on June 23, 2003, the Supreme Court ruled the university's point system was too mechanistic and therefore unconstitutional.
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Johnson v. Santa Clara Transportation Agency (1987
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In 1978 the Transportation Agency of Santa Clara County, California, created an affirmative action plan to bring about fair representation in its work force of women, minorities, and disabled people. The Supreme Court upheld the Santa Clara Transportation Agency's affirmative action plan. legal under Title VII of the 1964 Civil Rights Act to remedy imbalances of female and male workers in a skilled job category
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