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53 Cards in this Set
- Front
- Back
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1st amendment
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freedom of speech, press, religion, & petition
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2nd amendment
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right to keep & bear arms
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3rd amendment
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No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
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4th amendment
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Right of search and seizure regulated
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5th amendment
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guarantees a trail by jury, due process of law, guards against double jeopardy, self-incrimination
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6th amendment
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rights of the accused--speedy trial, informed of charges, right to call witnesses, right to have attorney in defense
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7th amendment
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Right to a trial by jury
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8th amendment
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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9th amendment
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The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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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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kens views on more or less liberty?
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he does NOT believe that more gov't=less liberty. he believes that it is both threat to liberty & a protector of liberty.
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why did john barron sue baltimore in barron v. baltimore?
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expansion of the city made sand accumulate into the harbor where barron used the deep waters
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what did the court decide to do in barron v. baltimore?
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found that the limitations on gov't articulated in the 5th amend. were specifically intended to limit the powers of the nat. gov't
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why was griswold & her colleague convicted in griswold v. connecticut
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they gave info on birth control to married couples & a connecticut law went against preventing conception for married couples
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what was the outcome of griswold v. connecticut
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supreme court ruled thru the 1st, 2nd, 4th, & 9th the "right to privacy in marital relations"
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what was the outcome of roe v. wade?
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woman's right to an abortion fell under right to privacy protected by the 14th.
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how many states did roe v. wade affect?
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46
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what did the partial-birth abortion ban act of 2003 due in the carhart v. carhart?
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defined as "the entire fetal head or any part of the fetal trunk past the navel is outside the body of the mother"
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why did carhart sue the partial-birth act?
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it banned late-term abortions thus it was unconstitutional on the right to abortion defined in planned parenthood v. casey
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what did us v. emerson recognize?
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that the 2nd am. does not protect individual liberty & can be subject to gov't regulation, narrowly tailored, specific case dealt w/ a marital dispute
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who was involved in engblom v. carey
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marianne engblom & chris palmer: corrections officers
governor carey: brought in soldiers |
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what amendment was broken in engblom v. carey & how?
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3rd. guardsmen locked engblom & palmer out & housed in their spaces
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what was the outcome of engblom v. carey?
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engblom lost bc the state was the owner of their dorms
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why were margaret & alan arrested in mcsurely v. mcclellan?
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for sedition against the commonwealth of kentucky
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what was the outcome of mcsurely v. mcclellan?
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mcsurely won & were compensated bc their 4th amendment was broken
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what did the gun control act of 1968 do?
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limited mail order purchases, restricted importation of military surplus military rifles, prohibited purchase by conviction felons
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what is the brady bill?
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adds a background check & seven day waiting period for handgun purchases
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who is the brady bill named after? and why?
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james brady, who was shot by john hinckley during an attempted assassination of reagan
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what is the due process clause?
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principle that the gov't must respect rights to life liberty & property
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when was the liberty of contract era?
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1873-1937
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what was the "liberty of contract" era's role in court system?
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didn't exist explicity, but in the spirit of the constitution; it limited what states could do w/ economic issues
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why does kens think gun violence problem is getting worse?
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the ease of accessibility
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whats the theory behind gun control?
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to reduce the amount of weapons, you reduce the amount of injuries/deaths
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whats the theory behind opposition to gun control?
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reducing weapons leaves law abiding citizens unprotected against pll carrying weapons
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arguements FOR death penalty
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deterrence (intimidation), cost effectiveness, retribution (revenge)
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arguements AGAINST death penalty
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unfair application (minority males are most likely) & finality (innocents are executed)
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what town first prohibited handguns inside the home?
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morton grove, a chicago suburb
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what aspects constitute a traditional 4th amend. search?
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search & arrest warrants be judicially sanctioned & supported by probable cause
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who is george blow?
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greens attorney is the case which green killed his bestfriend betty brown by fire (smoke inhalation)
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what was george blows arguement regarding the 5th amendment?
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greens right against double jeopardy was violated bc he got 2nd degree then they wanted to give him 1st
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what is the CINA set up to do?
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protect children, not prosecute parents; help parents become more capable at raising children
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what are parents required to do in CINA?
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*counseling
*sign contract agreeing to rules *meet weekly w/ aide *attend parenting classes *refrain from physically punishing |
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what was the NCL?
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group on women established this group to achieve min wage & a limitation on the working hours of women & children
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what were NCL's four conditions?
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*state laws be followed
*products manufacted on-site & not subcontracted out *no overtime *no one under age 16 |
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morris fiorina's opinion on culture war in america?
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there is no culture war, misconception caused by politicians & media, confusing closely divided w/ deeply & positions & choices
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concept of "50:50" nation & "49%" nation?
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most pll are in middle of issues, therefore why we are called the "so-so nation"
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similarities of red & blue states
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*religious toleration
*multiculturalism as a minor issue *unenthusiastic about using budget surplus to cut taxes |
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differences of red & blue states
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*red is less agreeable with immigration
*homosexuality *death penalty |
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which issues have become electoral cleavages in recent years since collapse of soviet union?
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religion & morality (includes abortion & gay rights)
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what amendment did the story of rudy linares taking his son off life support go under?
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5th- right to a grand jury indictment
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what is the culture war?
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displacement of classic economic conflicts that animated 20th century politics in the advanced democracies by newly emergent moral & religious ones
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what three states changed their political color between 2000 & 2004?
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iowa & new mex-blue to red
new hampshire-red to blue |
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what do advocates of gun control say?
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2nd amend. does NOT create individual rights
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