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74 Cards in this Set
- Front
- Back
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Judicial Review
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Power to declare federal or state acts, unconstitutional
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Great Compromise
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compromise between New Jersey and Virginia plans to create congress based on population and then one member for each state
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Confederate System
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states sovereign in own entity
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Unitary System
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Central government yields power over subdivisions
Wouldn't work in U.S. b/c too diverse |
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Federal System
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power divided between central and regional governments (U.N.)
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Grants-in -aid black grants
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federal programs that provide funds to state and local governments
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Categorical Grants
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federal grants that are very specific
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Shared/Concurrent powers
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both governments have these (highways, criminal laws)
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Federal Mandate
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a requirment in federal legislation that foces states to comply with certain rules
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Supremacy clause
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If conflict occurs the national government trumps the state government
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Cooperative Government
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national and state government cooperate in solving problems
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Dual Federalism
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National and state governments are supreme on their own levels
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necessary and proper clause
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"elastic clause"
Article 1 living document |
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Police Power
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government has right to regulate actions for health, safety, welfare, or morals of community
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Concurrent Powers
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shared powers (criminal laws, highways
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10th Amendment
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reserved powers (aren't given to national nor prohibited from state)
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11th Amendment
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citizens can't sue government
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Writ of Habeas Corpus
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"Of Body"
must be brought in front of judge and told what you're being charged with |
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Civil Liberties
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personal freedoms
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Commercial speech
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advertising statements (can be regulated)
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Establishment Clasue
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prohibits establishment of church officially supported by the national government
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Free Exercise Clause
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Guarantees the free exercise of religion
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Incorporation
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absorption of the Bill of Rights
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Completely absorbed
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1, 4, 6
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Partially absorbed
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5, 8
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Not absorbed
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2, 3, 7, 9, 10
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Clear and Present Danger Test
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determines when government can restrict free speech
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Libel
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defamation in written form
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Slander
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Defamation in spoken form
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Exclusionary Rule
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evidence that is taken illegaly is not admissable in court of law
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actual malice
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In libel case, total disregard for the truth
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prior restraint
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cersorship by government
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Civil Rights
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14th amendment
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De Facto Segregation
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racial segregation that occurs because of past social and economic conditions
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De Jure Segregation
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racial segregation that occurs because of laws
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Full Faith and Credit
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Act in one state is recognized in another
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Rendition
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between states
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Extradition
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outside of the U.S.
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Ex Post Facto
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a retroactive criminal law that works to the disadvantage of the accused (prohibited power)
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Bill of Attainder
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law passed that singles out a specific group or people
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Prohibited powers
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Expost facto laws
bills of attainder taking private property without just compensation |
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Implied powers
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inter-governemtal tax immunity
necessary and proper clasue |
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Express/enumerated powers
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power to tax, coin, weights,
pres, to make appointments |
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reserved powers
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education
police powers |
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Equal Access Act
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any secondary school receiving federal money must give equal access to religious groups using public facilities
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Horizontal Federalism
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Full faith and credit
privileges and immunities extradition/rendition |
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vertical federalism
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expansion of Bill of Rights
Expansion of Commerce Clause |
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Sedition
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speech that causes riot/revolt
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Appellate Jurisdiction
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a court that has jurisdiction to review cases and issues that were originally tried in lower courts
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Eminent Domain
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government can take private property for public domain ($)
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Article 1
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legislative
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article 2
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executive
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article 3
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judical
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Article 4
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horizontal federalism
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article 5
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amending
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article 6
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test oaths, supremacy clause
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1st amendment
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religion, speech, press, assembly
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2nd Amendment
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right to bear arms
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3rd amendment
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quartering soliders
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4th amendment
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search and seizure
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5th amendment
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eminent domain
grand jury double jeopardy |
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6th amendment
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right to speedy, public trial
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7th amendment
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trial
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8th amendment
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bail, cruel and unusual punishment
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9th amendment
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rights that aren't spelled out
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10th amendment
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reserved powers of state
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11th amendment
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can't sue government
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13th amendment
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abolished slavery
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14th amendment
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defines citizenship
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15th amendment
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voting rights to all
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24th amendment
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no poll taxes
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Article 1, section 8
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delegated powers
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Article 1, section 9
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denied powers
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Article 1 section 10
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state denied powers
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