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42 Cards in this Set
- Front
- Back
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John Locke
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life, liberty, property
inspired jefferson |
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Rousseau
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social contract
1762 government needs consent of the people represent the will of the people |
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Montesquieu
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3 branches
executive judicial legislative 1748 republic is best |
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Hobbes
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natural state
people are greedy for monarchy wrote leviathan |
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Great Compromise
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Roger Sherman
combined the nj and Virginia plan represent population and equal representation |
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3/5th Compromise
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3/5 of slaves counted for voting purposes
60/100 slaves |
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Federalist
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w ant strong gov’t, no bill of rights, large republic, large farmers and merchants
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anti Federalist
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States rights, bill of rights, small farmers, oppose constitution
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articles of confederation
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1777-1786 Created a weak federal government. Could not tax and states regulate trade, need 9 of 13 to approve laws and all for amendments.
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monarchy
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one ruler
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oligarchy
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ruled by a group of the wealthy or elite
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aristocracy
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ruled by a few wealthy land owners
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first bill of right
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1- free speech, religion, peaceful assembly, petition.
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second bill of right
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Right to bear arms.
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3 bill of rights
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Cannot quarter or force troops in homes of the people without approval of owner.
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4 bill of rights
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No illegal search and seizure. Need a warrant to search people, property and possessions. Need probable cause.
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5 bill of rights
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Cannot be tried for same crime twice, cannot testify against yourself (Forced to ask questions that could make you look guilty)
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6 bill of rights
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Right to fair and speedy trial and lawyer. Can confront witnesses against you and find witnesses on your behalf
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7 bill of rights
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Lawsuit more than $20 dollars right to trial by jury.
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8 bill of rights
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No cruel or unusual punishment or excessive bail.
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9 bill of rights
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Rights to the people not stated in the Constitution, right to privacy. 10- Rights to the states that are not stated in Constitution.
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senate requirements
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30 years old, 9 years a citizen, 6 year term unlimited terms
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house requirements
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25 years old, 7 years a citizen, 2 year term unlimited terms
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president requirements
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35 years old, natural born citizen, 14 years, 2- 4 year terms
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how a book becomes a law
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How a bill becomes a law. Idea-read aloud-placed in hopper in the House and given to clerk in Senate, Given to committees and subcommittees where they debate and change bill, sent to house and senate floor for debate, sent to other part of congress for same process, conference committee, sent to president.
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powers denied to congress
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Slave trade, habeas corpus, titles of nobility, bill of attainder, ex post facto, cannot tax goods from states
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non legislative powers
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Impeachment, Elect president in a tie, amendments, advise presidential appointments and treaties
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legislation
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Tax and borrow, make money, regulate trade, post offices, declare war, admit new states, laws
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congress powers
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postal service. states cannot enter into treaties
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current speaker of the house
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John Boehner
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president's powers
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President can sign a law, veto it or pocket veto. If it is vetoed, sent back to Congress and 2/3 of House and Senate can overturn the veto and make it law. If pocket vetoed and not signed by President in 10 days, automatically becomes law. If pocket vetoed AND congress is NOT in session for 10 days, bill dies.
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checks and balances
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Executive can veto bills from Congress and call special sessions and appoint judges. Judicial can declare laws and executive orders unconstitutional and term is for life (no political tie to president) Congress can override veto, impeach president, confirm treaties and judges and House controls budget or money.
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articles of the confederation
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Articles of the Constitution: 1- Congress/Legislative, 2-President/Executive, 3-Judicial/Supreme Court has 9 judges appointed by President and confirmed by Senate.
Checks and balances: Executive can veto bills from Congress and call |
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McCullough vs Maryland
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McCullough v Maryland- 1819 necessary and proper clause. Chief justice Marshall says that Congress can establish a National bank if it is necessary for raising taxes. McCullough wins 7-0 Maryland cannot tax bank.
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nj vs tlo
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N.J v TLO- NJ Piscataway High School 1985 NJ wins 6-3 search and seizure allowed with no warrant under reasonable suspicion. TLO is student caught with cigarettes, marijuana, rolling papers, money, names of students to sell drugs to. Principal is allowed to search purse.
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tinker vs des moines
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Tinker v Des Moines- Tinker students in 1960’s protest Vietnam War with black armbands; pure symbolic speech. Tinker wins 6-3
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hazelwood vs kuhlmeier
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Hazelwood v Kuhlmeier- In Missouri mid 1980’s. School newspaper inconsistent with school values and Hazelwood wins 5-3. School newspaper talks about teen pregnancy and divorce. Principal Reynolds and advisor Emerson. Speech not protected.
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madbury vs madison
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Marbury v Madison- argument over original jurisdiction Madison wins 4-0. Judicial review 1803
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10 bill of rights
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10- Rights to the states that are not stated in Constitution.
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magna carter + king john
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King John and Magna Carta-1215 Barons forced King to sign. No taxes without representation. No arbitrary taxes and judged by jury of peers.
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ancient Greece
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ruled by Great Council- small group of men who owned land had a say
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ancient Rome
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Plebeians were lower class and had little rights whereas the patricians were upper class.
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