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61 Cards in this Set
- Front
- Back
Unitary System
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the central government has ultimate authority and power.
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Unitary System
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the local governments are created by the central or national government and only exercise those powers given to them by the central authority.
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Confederation
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Power is centered in the member states and the central government has limited powers.
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Confederation
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A league of independent states
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Concurrent Powers
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Powers which belong to both the national government and the states.
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Examples of Concurrent powers
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Setting up courts; creating and collecting taxes; building highways; borrowing money; making and enforcing laws; chartering banks and corperations; spending money for the betterment of the general welfare; taking private property with just compensation
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Delegated Powers
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powers which belong to the national government which are written down in the constitution.
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Article 1 Section 8
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longest list of delagated powers.
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Bill of attainder
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a legislative act which metes out punishment without the benefit of a trial
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Writ of Habeas Corpus
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a court order demanding that the state charge a person who is being detained or to release them for being illegally imprisoned.
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Habeas Corpus
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"You have the body"
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Ex Post Facto Law
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A retroactive criminal law, this punishes an individual for an act that was not a crme when the act was committed.
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Full Faith and Credit
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requires that deeds, legal documents and civil court decisions made in one state are legitimate in other states.
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Privileges and Immunities
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Privileges and Immunities mean that a citizen of one state is not to be treated as an alien while in another state.
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Article IV, sec 1
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Full Faith and Credit
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Article IV sec 2
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Privileges and Immunities
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Article 1 sec 10
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Interstate Compacts
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Interstate Compact
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an agreement between two or more states on some manner of common concern to the states.
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Vertical Federalism
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an arrangement which requires governmental action is dependent on both the Federal and State Levels for participation
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Examples of Vertical Federalism
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The Structure of Congress; The Electoral College; Amending the Constitution; Admission of New States
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Establishment Clause
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prohibits the government from establishing a religion. found in the 1st Amendment
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Lemon V Kurtzman
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This case established a three-part test to determine if aid to religious school violates the establishment clause. Also applies when the state attempts to impose religion law.
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Engel v Vitale
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The Supreme Court ruled that there will be no organized school parayer. School sponsered prayer was an unconstitional establishment of religion.
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Wallace v. Jaffree
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The Supreme Court struck down as unconstituional an Alabama law authorizing one minute of silence for prayer or meditation in public schools.
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Lee v. Weisman
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The Supreme Court ruled that it was unconstitional for a school to invite a rabbi to deliver a nonsectarian prayer at graduation.
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Edwards v. Aguillard (year)
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1987
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Edwards v. Aguillard
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Court held that the state of Louisiana could not mandate students be taught both evolution and creationism, because it would violate the Establishment Clause.
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Rosenberger v. University of Virginia
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Court held that student activity fees could be used to fund a Christian's group newsletter. Free speech case
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Free Exercise Clause
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Freedom to exercise religion
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Employment Division of Oregon v. Smith
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The Court held that Native Americans could not use illegal drug in their religious ceremonies, even if the drug (peyote) was considered a sacrament in some Native American religous services.
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Church of Lukumi Babalu Aye v. Hialeah
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the court held the right of a religious group to hold animal sacrifce is constituional
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Miller v. California
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The Court established a three part test to determine the permissible boundaries of pornography. (1971)
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New York Times v. Sullivan
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The Court held that public officials and public figures have a higher standard to meet when they bring charges of libel against a publication
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Brown v. Entertainment Merchants Association
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The Supreme Court held that a California law which restricted the sale of violent video games to minors was unconstitutional. (2010)
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Griswold v. Conecticut
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the Court established the right to privacy.
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Roe v. Wade
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the Supreme Court ruled that state laws against abortion violated the right to privacy
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Planned Parenthood v. Casey
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Court upheld a Pennsylvania law that required pre-abortion counseling, a waiting period of 24 hours and for girls under 18 parental or judicial consent or permission.
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Planned Parenthood v. Casey
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The Court rejected the state legislation which required married women to have the consent of their spouse before obtaining abortion
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Gonzales v. Carhart
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The Supreme Court ruled to uphold the Partial Birth Abortion Ban Act passed by Congress in 2004.
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Washington v. Glucksberg
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1997; the court upheld that the liberty interest protected by the Constitution does not include the right to commit suicide,with or without assistance.
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Weeks v. United States
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the Supreme Court first established the exclusionary rule (1914)
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Mapp v. Ohio
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Court applied the exclusionary rule to the states
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Exclusionary rule
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The court ruled that illegally obtained evidence may not be used in Court against the defendant.
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Gideon v. Wainwright
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Indigents have a right to counsel in all criminal cases.
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Miranda v. Arizona
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Suspects have a right to be informed of their constitutional liberties to remain silent and to have legal representation.
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Furman v. Georgia
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The Court halted the death penalty for four years so that states could write new laws that applied the death penalty in a uniform matter.
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Dred Scott v. Sanford
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(1857) The Supreme Court held that blacks were not intended to have citizenship rights.
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Civil Rights Act of 1875
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Civil Right law passed after the Civil War. opened up places of public accommodation to all regardless of color.
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Plessy v. Ferguson
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(1896) Established the "separate but equal doctrine"
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Tenth Amendment
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Reserved Powers
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Article 1 sec 8 Clause 18
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Necessary and Proper Clause
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Necessary and Proper Clause
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allows for the Congress to have powers beyond those delegated in the Constitution
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Implied Powers
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powers not specifically written or delgated in the Constition
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McCulloch v. Maryland
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established the implied powers doctrine of the national government.
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Barron v. Baltimore
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(1833) the Supreme Court held that the Bill of Rights applied to the national government, but not to the states.
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Gitlow v. New York
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The court used this case to apply free speech to the states. (began a long process in 1925 to reverse Barron decision)
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Gonzales v. Oregon
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the Court reversed decision of Washington v. Glucksberg (2006)
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Horizontal Federalism
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Represents arrangements whereby states can relate and have contact with each other and have minimal Federal interference.
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14th amendment
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Bill of Rights is to the Federal Government is what the Due process clause of the _____ to the states.
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Eminent Domain
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taking private property with just compensation
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Osborne v. Ohio
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Child pornography
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