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61 Cards in this Set
- Front
- Back
Articles of Confederation
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Which led to domination by the states and a very weak national government.
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Shays rebellion
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Shay led armed attacks on the courthouses to prevent from foreclosing on the farms.
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Constitutional Convention of 1787
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55 reps of 12 states RI did not meet, met in phili to draft a new agreement to set forth the basic functions of a new government.
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Seperation of powers
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was designed the control the use of the powers granted by the states to the federal government.
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ratification
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3/4 of the state must ratify an amendment order for it to become part of the constitution.
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Federalist papers
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News articles written by James Madison, supporter, federalist.
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Federalist
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Supporters of the constitution
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Antifederalist
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Againt the constitition
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Bill of Rights
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First ten amendments
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checks and balances
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Seperate the powers of the governemtns into specific funtions that together represented a strong central gov.
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Legislature
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Power to make laws
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Executive
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Power to enforce the laws
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Legislature
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Power to interpret and apply the laws.
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Enumerated powers
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are powers given to the federal government by the terms of the U.S. Constitution.
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Commerce clause
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Most significant power to regulate business is found in article 1.
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Interstate commerce
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Between states
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Intrastate commerce
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within a state
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Jim Crow Laws
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Keep minorities as second class citizens.
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White primary
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eliminated minority vote
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Articles of Confederation
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Which led to domination by the states and a very weak national government.
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Shays rebellion
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Shay led armed attacks on the courthouses to prevent from foreclosing on the farms.
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Constitutional Convention of 1787
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55 reps of 12 states RI did not meet, met in phili to draft a new agreement to set forth the basic functions of a new government.
|
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Seperation of powers
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was designed the control the use of the powers granted by the states to the federal government.
|
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ratification
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3/4 of the state must ratify an amendment order for it to become part of the constitution.
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Federalist papers
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News articles written by James Madison, supporter, federalist.
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Federalist
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Supporters of the constitution
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Antifederalist
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Againt the constitition
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Bill of Rights
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First ten amendments
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checks and balances
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Seperate the powers of the governemtns into specific funtions that together represented a strong central gov.
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Necassary and proper clause
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gives congress the ability to account for all contingencies. Enhances speicifuc powers of the congress. also refered to as elastic clause or implied powers clause
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Supremacy Clause
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basically states that federal law is the supreme law of the land, and state law is preempted to the extent that it is in conflict with the federal law.
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Concurrent powers
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where both the national and state governments can pass legislation.
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Preempt
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Congress can exclude
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Bill of rights
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First 10 amendments to the constitution
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Commercial Speech
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does not recieve alot of protection under the constitution. used for business
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Political speech
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Protected greatly protected under 1st amendment.
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Free excersice Clause
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protects the rights of indivisuals to free excerceise of religion
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Establishment Clause
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prohibits governmental establishment of an official religion.
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Blue laws
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Prohibition of certain transactions on sundays.
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exclusionary rule
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has held that any evidence seized improperly must exclude from trial.
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administrative warrants
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required of inspection of a business in regulatory situtations.
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Self inccrimination
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no person is compelled to admit they have commited the crime.
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Due process
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An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.
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Substansive Due process
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involves the meat of the content or the meat of the law of governmental action.
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Procedural Due process
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Steps in government depriving anyone of life, liberty, or property.
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Eminent Domain
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Taking of private property by the government.
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Equal protection
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prevents states form denying equal protection under the law.
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Rational basis test
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laws concernced with economic or social classes
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substantial governmental interst
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gender or legitimacy
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1st Amendment
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Freedom of Speech
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4th amendment
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Search and seizure
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10th Amendment
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“the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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14th Amendment
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Extends rights on due process. Equal protection.
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Wickard V. Filburn
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Congress upheld control over farmers prodction of wheat for home use because the cumulative effect of home consumption of wheat by many farmers would alter the interstate commodity market
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McCulloch V. Maryland
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1st major showdown over power whether a state, maryland, had the power to tax the national government. Maryland denied by the neccasary and proper clause and the supremacy clause.
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Plessy V. Ferguson
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Jim crow laws were stated constitutional. Seperate but equal
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Brown V. Board
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3rd major stuggle btw states rights and the power of the national government. Overrulled the plessy case to be unconstitutional.
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Katzenbach v. McClung/ Heart of Atanta motel v. US
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National Government sued businessses that discriminated. bbq rest. refused to serve blacks,
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Schenk v. US
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Cannot falsely shout fire, cannot say whatever u want, certain limitations
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Central hudson gas
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Used a 4-part test.
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Roe v. Wade
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prohibited abortion in the first trimester.
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