Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
83 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Gideon v. Wainwright (1963) |
Right to an attorney: All criminals delegated can have a lawyer whether they can pay or not |
|
|
|
Judicial Powers |
Interpret laws: in the hands of Supreme Court and Federal Courts |
|
|
|
Marbury v. Madison (1803) |
established the Supreme Court's power of judicial review ( also known as "The Midnight Judges") |
|
|
|
Concurrent Powers |
Powers that BOTH state and federal gov't shares |
|
|
|
Legislative Power |
Make laws: in the hand of Congress |
|
|
|
Executive Power |
Enforce Laws: in the hands of the President, his cabinet and executive agencies |
|
|
|
Due Process |
following established legal procedures |
|
|
|
Judicial Review |
it is the power of a court to determine the Constitutionality of the government action |
|
|
|
Supremacy Clause |
Established that the Constitution is the supreme law of land. The clause states that the Constitution of U.S. overrules all other laws |
|
|
|
Texas v. Johnson (1989) |
can burn American flag |
|
|
|
What is the Constitution is considered? |
Living Document |
|
|
|
19th Amendment |
Gave women the right to vote |
|
|
|
Reserved Powers |
Powers states RESERVED for themselves |
|
|
|
Preamble |
the opening section of the Constitution. It list 6 main goals |
|
|
|
13th Amendment |
Officially ENDED slavery |
|
|
|
Enumerated Powers |
Powers given by states to federal gov't |
|
|
|
24th Amendment |
Made poll tax illegal |
24polltaxnomore |
|
|
Popular Sovereignty |
the notion that power lies with the people |
|
|
|
Rule of Law |
principle that the law applies to everyone, even those who govern |
|
|
|
Nancy Pelosi |
Current Speaker of House of Representatives |
|
|
|
Cross Over |
When the bill goes to the Senate |
|
|
|
Who is in charge of elections? |
States |
|
|
|
What are the 6 BIG IDEAS? |
1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4.Checks and Balances 5. Judicial Review 6. Federalism
|
|
|
|
What is the purpose of the Grand Jury? |
The Grand Jury decides if there is sufficient evidence for a trial |
|
|
|
In Re Gault |
Juvenile offenders get ALL of the same rights as adults |
|
|
|
14th Amendment |
All people have "EQUAL" protection under the law |
|
|
|
16th Amendment |
Creates federal income tax |
|
|
|
21st Amendment |
Repealed the 18th Amendment |
You can't drink at 18 but you can at 21 |
|
|
22nd Amendment |
The president can only serve (2) 4 year terms |
2 plus 2 equal 4 |
|
|
26th Amendment |
The voting age is 18 |
2+6=8 |
|
|
25th Amendment |
Tell us the correct succession of officers to the presidency |
P-VP-SOH-PPT-SOS |
|
|
23rd Amendment |
The District of Columbia gets 3 electoral college votes |
DC23 |
|
|
11th Amendment |
Lawsuit brought against a state must be tried in that state |
|
|
|
Pocket Veto |
President's power to kill a bill, if Congress is no in session, by not signing it for 10 days |
|
|
|
Libel |
Written untruths that are harmful to someone's reputation |
|
|
|
Separation of Powers |
The split of authority among the legislative, executive,and judicial branches |
|
|
|
1st Main Goal of Preamble: |
"To form a more perfect Union" it means to Unite the states so they can I operate as a single nation for the good of all |
|
|
|
2nd Main Goal of Preamble: |
"establish justice": means to make certain that all citizens are treated equally |
|
|
|
3rd Main Goal of Preamble: |
"insure domestic tranquility": means to maintain peace and Order keeping citizens and their property safe from harm |
|
|
|
4th Main Goal of Preamble: |
"provide for a common defense": means to be reading militarily to protect the country and it's citizens from attack |
|
|
|
5th Main Goal of Preamble: |
"promote the general welfare": to help people live healthy happy and prosperous lives |
|
|
|
6th Main Goal of Preamble: |
"secure the blessing of liberty to ourselves and our posterity": means to guarantee the basic rights of all Americans including future Generations |
|
|
|
12th Amendment |
President and vice president run on same ticket |
1 and 2 is always together |
|
|
15th Amendment |
All Black Men Can Vote |
|
|
|
18th Amendment |
Prohibits making drinking or selling alcoholic beverages also known as prohibition |
Volstad Act |
|
|
Eminent Domain |
The right of government to take private property for public use |
|
|
|
20th Amendment |
Requires all newly elected officials to take office bye January 20th |
Lame Duck |
|
|
17th Amendment |
Direct general election of US senators |
Seven-ten Sen-a-tor |
|
|
5th Amendment |
Rights of the Accused: DJ- Double Jeopardy DP- Due Process SI- Self Incrimination ED-Eminent Domain |
|
|
|
4th Amendment |
No a reasonable search and seizure without a good legal reason or warrant body(person),papers(records), property(home/car) |
|
|
|
3rd Amendment |
Right to keep soldiers out of your home in time of peace |
|
|
|
2nd Amendment |
Right to keepand bear arms |
|
|
|
1st Amendment |
Congress can make NO laws regarding RAPPS- religion assembly petition press speech |
|
|
|
27th Amendment |
If any public body votes itself a raise that public body may not get a raise until after the nexts election |
|
|
|
House of Representatives |
435 members 2 year term Has to be at least 25 years old 7 year Resident (live in state) |
|
|
|
Senate |
100 members 6 year term Has to be 30 years old 9 year resident (live in state) |
|
|
|
9th Amendment |
Just because some rights have been left out of Constitution or Bill of Rights it does not mean people don't have them |
|
|
|
10th Amendment |
If we have not specifically mentioned a power of the federal gov. then you should assume this a state power *can be individual power/right* |
|
|
|
8th Amendment |
No Excessive Bail & Cruel or Unusual Punishment |
|
|
|
6th Amendment |
Speedy Trial Attorney Question any witness Present any defense witness |
|
|
|
7th Amendment |
Says you can have a lawyer in a civil trial |
Seven=civil |
|
|
Engel v. Vitale (1962) |
Schools can't require students to recite a prayer |
|
|
|
Miranda v. Arizona (1966) |
Expanded Gideon v. Wainwright Suspects has to be read their rights: At time of arrest ALL people charged with a crime have to be told their rights |
|
|
|
Escobedo v. Illinois (1964) |
Right to attorney when you're a suspect, during questioning |
|
|
|
Mapp v. Ohio (1961) |
Illegally obtained evidence can't be used against a defendant |
|
|
|
New Jersey v. T.L.O.(1985) |
At school to search students, officials only need "Reasonable Suspicion" not "Probable Cause" |
|
|
|
New York Times v. U.S. |
Government can only ban printing classified information that endangers Americans |
|
|
|
Hazelwood v. Kuhlmeier (1988) |
School press can be censored |
|
|
|
Tinker v. Des Moines (1969) |
Allows political speech in school |
|
|
|
Free Expression Clause |
Says you can practice any religion you choose as long as you don't break the law |
|
|
|
Limits on the 1st Amendment |
1. These freedoms do not allow us to break the law 2. You can't say or do whatever you want 3. When the right of an individual and the right of a community conflict, the right of the community usually prevails |
|
|
|
Proposed by 2/3 vote in each house of _______ and ratified by 3/4 of the state legislature (26th Amendment adopted this way) |
Congress |
|
|
|
Proposed by 2/3 vote in each house of Congress and ratified by 3/4 state __________ called for that purpose (21st Amendment was adopted this way) |
Legislatures |
|
|
|
Implied Powers |
Allowed under elastic clause which says the federal government can do things not explicitly listed in the Constitution if they needed to be done to carry out expressed powers: 1. Set price postage stamps 2. Require 18 year old males to register for Selective Selection 3. Require naturalization test |
|
|
|
Examples of Concurrent Powers |
Establish Courts Enforce Laws Collect Taxes Borrow Money Provide General Welfare Build Prisons |
|
|
|
Examples of Reserved Powers |
Regulate trade within States Protect public health and safety Conduct elections Establish Local Governments Regulate State Laws Establish Schools |
|
|
|
Examples of Enumerated/ Expressed Powers |
Coin Money Maintain Military Declare War Make Treaties Regulate foreign/interstate trade Establish Qualifications Office Establish Naturalization Laws |
|
|
|
Federalism |
a form of government in which power is divided between the federal, or national, government and the states |
|
|
|
Death Penalty |
1972- Furman vs. Georgia: Death Penalty are cruel and unusual 1975- Greg vs. Georgia: Death Penalty is not necessarily cruel&unusual |
F comes before G |
|
|
Roe vs. Wade |
Roe makes 3 arguments: 9th, 14th &4th Amendment 5-4 decision agrees w/ Roe "Controlling Case" |
|
|
|
Leandro Decision |
SCOTUS every student is entitled to a free and appropriate education |
|
|
|
Brown vs. Board of Education |
Separate is never equal, desegregate immediately |
|
|
|
Plessy vs. Ferguson |
SCOTUS decides that "separate but equal" facilities are in agreement w/ 14th Amendment |
|
