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179 Cards in this Set
- Front
- Back
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Enlightenment
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Period of time when new ideas about govt. and people's freedom spread throughout Europe
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Montesquieu
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Enlightenment thinker known for his idea on separation of powers
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Separation of Powers
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Idea that govt. power should be divided into branches so no one branch can become too powerful (limits govt. power)
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John Locke
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Enlightenment thinker known for his ideas on natural law and social contract
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Locke's "Natural Rights" (Law)
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Idea that all people are born equal with certain God-given rights including life, liberty, and property
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Social Contract
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Ideathat people agree to give up some freedom and be ruled by govt. in exchange forgovt. protecting their rights; if govt. does not then the deal is broken andthe people have the right to rebel and choose new leaders
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Influence of Separation of Powers on U.S. Govt.
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Three distinct branches with separate powers (L = Make Laws, E = Enforce laws, J = Interpret laws)
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Influence of Social Contract on U.S. Govt.
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Representatives are elected by the people; power comes from the people
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Magna Carta
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English document that limited the king's power by protecting basic rights; established 'limited monarchy' (idea that the king is not all powerful)
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English Bill of Rights
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Documentthat listed rights of English citizen's that no king could violate; inspired asimilar U.S. version
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Mayflower Compact
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Firstwritten agreement for self-govt. in America; Pilgrims agreed to work togetherto discuss and vote on laws (direct democracy)
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Thomas Paine's Common Sense
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Pamphlet that used Locke's ideas to argue for independence; convinced many colonist's to rebel against the king
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Colonial Concerns that led to the Desire for Independence
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Taxation without representation, limits on individual rights, violations of natural rights
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Taxation without Representation
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Imposing government fees without the consent of the people
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Effects of English Policies
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Colonist's demand political change through protests and boycotts, the colonist's grievances are ignored by the British, the Declaration of Independence is approved
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Natural Rights in the DoI
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Lists the rights of the citizens as "life, liberty, and the pursuit of happiness"
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Role of Govt. in the DoI
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Govt. gets their power from the people and exists to protect the people's rights
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Grievances in the DoI
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Lists the colonists' complaints against the British govt. and King George III
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Specific Grievances in the DoI
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Violated natural rights' including suspending of trial by jury, limiting judicial powers, quartering soldiers, and ending colonial legislatures (right to make laws)
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Consent of the Governed
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Approval from the people; govt. gets its power from the public
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Unalienable/Inalienable Rights
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Basic rights of the people that may not be taken away (as described in the DoI)
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Assent
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Approval or agreement
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Oppression
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Cruel or unjust treatment or control
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Self-Evident
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Not needing to be explained; obvious
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Tyranny
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Cruel and oppressive govt. or rule
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Weaknesses of the Articles of Confederation
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Legislativewith no power to tax or regulate trade, no executive branch (law enforcement& central leadership), no judicial branch (law interpreting & courts), changes required unanimous approval of all 13 states
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Shays' Rebellion
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Farmerled uprising that occurred after the courts threatened to take away farms topay off debts (money owed to the govt.); showed that the AoC might be too weakto maintain law and order
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Constitutional Convention
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Meetingwhere delegates from the states met to fix the AoC but instead ended up writingthe new Constitution
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Six Goals in the Preamble
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Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty
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Preamble to the Constitution
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Introduction; establishes the goals and purposes of our govt.
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"We the People"
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Beginning of the Constitution; makes clear that power of govt. comes from the people and exists to serve them
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Checks and Balances
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System where each branch of govt. is able to restrain the power of the others; created to keep any one branch from becoming too powerful
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Specific Examples of Checks and Balances
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Congress can impeach, reject appointments, override vetoes, refuse treaties; President can veto (reject) legislation and appoint judges; Judges can declare acts unconstitutional
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Federalists
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Wanted the ratification of the Constitution; believed in a strong national govt.
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Anti-Federalists
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Against the ratification of the Constitution; fought for states rights & the adding of a bill of rights to protect individual liberties; thought the Constitution created a national govt. that was too strong
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Federalist Papers
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Series of essays written to explain and defend the proposed U.S. Constitution
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Anti-Federalist Papers
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Series of essays written to counter and defeat the proposed U.S. Constitution
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Liberties
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Freedoms; rights
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Rule of Law
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Ideathat everyone, even those who govern (are in power), follow the laws; everyonebeing treated equally & no one being above the law; protects against tyranny
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Bill of Rights
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First 10 amendments to the U.S. Constitution
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Freedom of Assembly
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Right to meet with a group of people in one place for a common purpose (1st Amendment)
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Citizen
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Any person born or naturalized in the U.S.; described in the 14th amendment; legal member of a state and/or country |
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Naturalization
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Legal process to obtain citizenship; steps include: application, interview, citizenship exam, ceremony
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Naturalization Eligibility Requirements
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18+ years old, live in the U.S. for 5+ years, be of good moral character, read/write/speak English, basic knowledge of U.S. history & govt
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Alien
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Foreign-born resident of the U.S. who has not been naturalized
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Immigrant
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An individual who moves permanently to a new country
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Law of Blood
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Aperson's nationality at birth is the same as that of their parents (US = bothparents are citizens OR one parent is a citizen who has lived in the U.S.)
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Law of Soil
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Aperson's nationality at birth is determined by the country they were born in(US = 50 states, D.C., territory, military base overseas)
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Duty
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An action we are required to perform; something you MUST do
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Responsibility
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An obligation that we meet of our own free will; things that are nice to do
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Examples of Duties
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Obey laws, pay taxes, defend the nation (selective service), serve in court (jury duty), attend school
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Examples of Responsibilities
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Be informed, attend civic meetings, petition the govt., run for office, vote
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Common Good
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Beliefs or actions that are seen as a benefit to the larger community rather than individual interests
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Due Process
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Thefollowing of established legal procedures; all citizens receive all legalrights (includes a trial, jury, no self-incrimination, Miranda Warning)
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Civil Disobedience
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Right of an individual to peacefully protest by refusing to comply with certain laws or pay taxes/fines
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Suffrage
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Right to vote
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Ex Post Facto
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Law that makes an act a crime AFTER the crime has been committed; means "after the fact"
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Habeas Corpus
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Requires a law official to bring a prisoner to court and show cause for holding the prisoner; means "bring the body"
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Precedent
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A ruling that is used as a basis for a judicial decision in a later, similar case
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Republican Party Ideas
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Smaller govt. responsibilities, less govt. programs, less spending
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Democratic Party Ideas
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Larger govt. responsibilities, more govt. programs, more spending
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Requirements for President
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35+ yrs old, native-born U.S. citizen, live in U.S. for 14+ yrs
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Requirements for Senators
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30+ yrs old, live in state representing, U.S. citizen
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Requirements for House Representatives
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25+ yrs old, live in state representing, U.S. citizen
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Requirements for Governor
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30+ yrs old, live in state representing, be registered voter
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Basis for Evaluating Candidates
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Education, job experience, qualities, platforms (ideas about the issues)
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Where to Find Information on Candidates
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Voting record (only unbias source), debates, advertisements, websites
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Media
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Mass communication (television, radio, newspaper, internet)
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Interest Groups
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Group of people who share a point of view about an issue and unite to promote their beliefs
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Lobbyist
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Representativeof an interest group who contacts lawmakers or other govt. officials directlyto influence lawmaking
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Political Action Committee (PAC)
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Political organization established by a business or interest group; supports candidates by contributing money to campaigns
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Watchdog
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Role played by the media that exposes govt. wrongdoing
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Bias
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One sided feelings about a person or group that affects judgment
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Symbolism
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Using symbols to represent ideas or qualities (U.S. flag stands for patriotism)
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Propaganda
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Techniques of a bias nature that are used to convince someone of something
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Democracy
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Govt.where power resides with the people
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Direct Democracy
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Govt. where citizens meet to discuss and vote on govt. matters/laws
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Representative Democracy
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Govt.where the people elect other people to make laws for them
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Constitutional Monarchy
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Govt.with a hereditary king/queen who shares authority with elected legislature andis limited the country's laws (aka limited monarchy)
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Socialism
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Govt. controls all aspects of the economy (jobs, production, etc.)
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Communism
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Govt.that attempts to equalize the social conditions of life for all citizens byredistributing wealth based on need
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Oligarchy
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Govt. where a small group of people hold power (power usually based on wealth)
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Autocracy
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Govt.where power resides with a single ruler
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Absolute Monarchy
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Govt. with a hereditary king/queen who rules with unlimited power
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Republic
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Citizens have a role in choosing the person who will be the head of the govt.
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Parliamentary
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System of govt. where head of the Executive head comes from the Legislative group; Leader = Prime Minister
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Federal
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Systemof govt. where power is shared between the central govt. & smaller units(states); Leader = President (USA)
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Confederal
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System of govt. where smaller units (states) agree to work together while keeping their individual powers
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Unitary
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System of govt. in which power is delegated (given) only to the central govt.
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Main Job of Legislative Branch
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Makes (creates) laws
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Main Job of Executive Branch
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Enforces (carries out) laws
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Main Job of Judicial Branch
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Interprets (determines meaning of) laws
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Executive Leaders
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President & Vice President (elected)
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Judicial Leaders
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Supreme Court justices (judges who are appointed by the President & approved by Congress)
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Article 1
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Part of Constitution that describes the Legislative branch
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Article 2
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Part of Constitution that describes the Executive branch
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Article 3
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Part of Constitution that describes the Judicial branch
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Powers of Legislative Branch
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Impeachment, coin/print money, approve/reject presidential appointments, declare war, regulate trade, ratify or reject treaties
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Powers of Executive Branch
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Control armed forces as "commander-in-chief", deal with foreign affairs, makes treaties, grant pardons, appoints judges and ambassadors
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Powers of Judicial Branch
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Interpret cases brought to them; declare acts of Congress and President constitutional or unconstitutional
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Concurrent Powers
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Powers shared between the state and federal govt.'s
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Elastic Clause
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Gives Congress the power to make all laws "necessary and proper" to carry out their powers; allows Congress to 'stretch' their powers
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Implied Powers
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Powers Congress has that are not stated (written) in the Constitution; created with 'elastic clause'
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Enumerated Powers
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Powers directly granted to the national govt.; listed in the Constitution
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Reserved Powers
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Powers saved for the states; explained in the 10th amendment
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Supremacy Clause
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States that U.S. Constitution is the highest law in the U.S.; if there is a conflict between federal and state law the federal law always wins
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Amendment
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Changeor addition to the Constitution; 27 total; difficult to ratify
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Constitutional Amendment Process
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Step 1- Proposal (2/3rds vote of Congress OR 2/3rds of states at convention), Step 2- Ratification (3/4ths of state legislatures OR 3/4ths of states at convention)
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Ratification
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To pass; approve
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Ordinance
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A law of a city or county
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Statute
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A law written by a legislative branch of govt.
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Local Lawmakers
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City/county/council commisioners (members)
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State & Federal Lawmakers
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Representatives and Senators (Congress)
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Steps to Solve State/Local Problems
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1) Research alternative solutions, 2) Contact council members with concerns, 3) Present alternative proposal at council meeting, 4) Prepare petition
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Judicial Review
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U.S.Supreme Court's power to interpret the constitutionality of laws and actions
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Executive Order
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Rule or command the president gives out that has the force of law
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Cabinet
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Group of advisers to the president (heads of 15 executive departments)
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Chief Justice
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Head of the U.S. Supreme Court
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Impeach
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To accuse govt. officials of misconduct or wrongdoing in office
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Steps for a Bill to Become a Law
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1) Representative introduces a bill, 2) House and Senate approves the bill,3) Executive leader (President/Governor) signs the bill into law or vetoes(rejects) it
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Civil Law
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Involves disputes between people or groups usually over property or money
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Criminal Law
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Relates to the breaking of laws; seeks to protect public safety
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Constitutional Law
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Deals with interpretation of the Constitution
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Military Law
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Applies only to those serving in the armed forces
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Common Law
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System of law based on precedent (prior legal decisions) and custom (tradition)
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Case Law
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Established by judicial decisions to court cases
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Juvenile Law
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Deals with people under the age of 18
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Trial Court
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Court where judge/jury hear evidence in cases and reach a verdict (decision)
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Appellate (Appeals) Court
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Court in which a party who lost a case in a lower court asks judges to review that decision and reverse it
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District Courts
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Lowest level court in the U.S. federal system; hear trial court cases for the first time
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Circuit Courts
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2nd highest court in the U.S. federal system; federal 'appeals' court
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U.S. Supreme Court
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Highest court in the U.S. federal system; "court of last resort"; final appeals court
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Marbury v. Madison
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Supreme Court ruled that the Supreme Court has the power of judicial review
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Plessy v. Ferguson
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SupremeCourt ruled that "separate but equal" aka segregation wasconstitutional
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Brown v. Board of Education
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SupremeCourt ruled that "separate but equal" aka segregation isunconstitutional and school integration began; overturned Plessy v. Ferguson
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Gideon v. Wainwright
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Supreme Court ruled that a person accused of a major crime has the right to an attorney (counsel) during their trial; protects rights of the accused
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Miranda v. Arizona
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Supreme Court ruled that suspects cannot be questioned until informed of their rights; new police procedure of 'Miranda Warning'; protects rights of the accused
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In re Gault
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Supreme Court ruled that juveniles accused of crimes have the same due process rights as adults
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Tinker v. Des Moines
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Supreme Court ruled that actions similar to speech can be considered speech and are protected under the 1st amendment
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Hazelwood v. Kuhlmeier
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Supreme Court ruled that students have freedom of press at schools but only if it meets the schools standards
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U.S. v. Nixon
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Supreme Court ruled that even the president is not above the law
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Bush v. Gore
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SupremeCourt ruled that Florida's recount of presidential votes did not treat everyvote equally; recount was stopped and Bush won the presidency
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District of Columbia v. Heller
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Supreme Court ruled that the 2nd amendment protects an individuals right to own a firearm for lawful purposes
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Segregation
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Practice of keeping different races separate from each other
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Purpose of the Constitution
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Provides a framework for govt., limits govt. authority, protects the rights of the people
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US & FL Constitution Similarities
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Structure (preamble/articles/amendments & 3 branches) and protect the rights of the people (Bill of Rights; FL Declaration of Rights)
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US & FL Constitution Differences
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US - First and only, short and general; FL - Has had 6, long and specific
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State Govt. Services
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Education, state parks, state police, roads
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Local Govt. Services
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Police and fire protection, trash collection, drinking water, sewer system, county parks/recreation
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Domestic Policy
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A nation's overall plan for dealing with issues within its borders; issues at home
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Foreign Policy
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A nation's overall plan for dealing with other nations; issues away from home
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Foreign Policy Issues
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Treaties, international aid, international trade, military
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Goals of U.S. Foreign Policy
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Protect national security, spread democracy, promote peace, and build trade with other countries
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Alliance
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Agreement between two or more countries to work together for a specific purpose as "allies"
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Ambassador
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An official representative of a country's govt.
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Diplomacy
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Theactions a representative of a country's govt. takes when they participatein talks with representatives of other nations
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Treaty
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A formal written agreement between the govt.'s of two or more countries
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Secretary of State
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Executive position responsible for foreign affairs
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Non-Governmental Organizations (NGOs)
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Organizations that operate independently of any govt. body, usually through volunteers/donations
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North American Free Trade Agreement (NAFTA)
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Agreement between the U.S., Mexico, and Canada to create the largest free trade zone in the world
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North Atlantic Treaty Organization (NATO)
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Treaty between many North American and European nations promising to defend one another if attacked
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International Red Cross
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Aids victims of war/natural disaster; helps people in need on both sides of war
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United Nations (UN)
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Largest governmental organization; main goal of keeping peace among nations (U.S. = member)
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World Court
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Settles legal disputes among nations; cannot enforce its rulings
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World Trade Organization (WTO)
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Main goal of promoting free trade among nations
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Steps to Deal with International Conflict
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1) Diplomatic talks, 2) Public protests, 3) Trade ban, 4) Military operation
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Freedom of Press |
Right to circulate opinions in print without censorship by the govt. (1st Amendment) |
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Freedom to Petition |
Right to make a complaint or seek the assistance of the govt. without fear of punishment (1st Amendment) |
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Right to Bear Arms |
Freedom to own a gun (2nd Amendment)
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No Quartering of Soldiers |
Troopscannot live in your home without your consent (3rd Amendment) |
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No Unreasonable Searches & Seizures |
Police need probable cause (strong reason to believe) and a warrant (permission from a judge) to go through your home and belongings (4th Amendment) |
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No Double Jeopardy |
Aperson cannot be tried two times for the same exact crime (5th Amendment) |
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No Self-Incrimination
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Aperson cannot be forced to speak against one self (5th Amendment) |
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Right to Counsel |
The guarantee of a lawyer to aid the accused in their defense (6th Amendment)
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Right to Jury Trial |
The guarantee of a verdict (decision) in a legal case to be decided by a group (typically twelve) of your peers (6th Amendment: criminal & 7th Amendment: civil) |
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No excessive bail |
No unreasonable fee for the accused to be temporarily released from jail while awaiting trial (8th Amendment)
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Unenumerated Rights |
Rights not listed in the Constitution that belong to the people (9th Amendment)
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Reserved Powers
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Powers not listed in the Constitution that belong to the states (10th Amendment)
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No Poll Taxes
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No having to pay a fee to vote (24th Amendment)
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