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12 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the legal sources of authority
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As:* written
* implied * inherent * delegated * interperpreted |
As interperted- judicial/ administrative interpretation of statutory, case regulatory laws
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What are the sources of power?
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1)Enumerated or writtenx
2) Implied power 3) Inherent power 4) Delegated power |
*1st power- ( as in the constitution, statuary laws, or court decisions) key case was Marybury Vs. Madison (1803) Act of Congress was declared invalid
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Marbury vs Madison case description
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* case establishing judicial review as the #1 power source
* Commision was signed sealed , but not delivered * Jefferson ordered Madision, his secretary of state not to give out these commisions * court held Judiciary Act of 1789 was unconstitutional |
**You cannot ammend the constitution by saturary means
= Result..enumerated or written authority! |
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Contract Clause
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-Contract clause ing Article 1, forbidding states from impairing the obligation of contracts
- A contract is a written agreement between 2 people or groups that is legally binding - all over 18 can sign legal contracts |
(Another key written constitution Power)
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Inherent power
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Only the federal government can regulate between states
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Commerce clause
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grants congress the exclusive right to "regulate commerse..among the states, with foreign nations and indian tribes"
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states cant interfere with flight travel
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Delegated power
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The bill of rights applied only to federal not state governments
* clause of the constituion: - cant take private property without just compensation -bill of rights applies to federal govt' only |
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Selective incorporation
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- Refers to the selective application of the Bill of Rights to States
- After the civil war the court used the 14th amendment as a link to make the 1st, 4th, 5th, 6th, 8th amendments applicable to the states |
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Why do some say "we are not a democraxy we are a plutocracy repbulic"?
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-civil rts and liberties are not absolute
-while not prior restraint there are expections as to riot and conspiracy - Conspiracyy has been increased as a terror issue since the patriot act of 2001 |
We are a government run by the wealthy, we are capitalist as welll as federalist
* buying your vote ( 7 + earmarks) |
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3 types of Speech
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* pure- conservation, public presentations
*impure-states to defame reputation or incite riot *symbolic-political, religous symbols designed to incite or harm * burden on government to substantiate possibel harm then an regulate time, manner and place. |
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What was the patriot act?
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If i think your enemy combatant you dont have your rt to habious corpus (you dont have a right to speak in trial & being charged with..
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* conspiracy has been increased as a terror issue since the Patriot Act of 2001
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Affirmative action
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refers to programs designed to ensure that women, minorities and other traditionally disadvantaged groups have full and equal opportunities in employment, education, and other areas of life
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* covers equal treatment on matters of gender, race, age (40+), national origin, etc.
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