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98 Terms

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Electoral College

The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President.

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Articles of Confederation

This document was adopted by the Second Continental Congress in 1781 during the Revolutionary War to create a national government. The new government was weak because states held most of the power, and Congress lacked the power to tax, regulate trade, or control the coining of money. It was later replaced with the U.S. Constitution.

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Great Compromise

introduced by Roger Sherman; set up a bicameral Congress

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3/5 Compromise

compromise made when writing the Constitution to sastify both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes

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Federalism

is the breaking of the gov't into Federal and state levels, each having certain powers

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Checks and Balances

system of each branch of gov't having a power to check the power of the other to make sure no one branch becomes too powerful

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Executive Branch

headed by the President and carries out the laws; also includes the Vice President and the Cabinet members

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Engel v. Vitale (1962)

separation between Church and State in schools. S.C. prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment)

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Miranda vs. Arizona, 1961

This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.

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Mapp v. Ohio (1961)

Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts.

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In Re Gault (1967)

14th amendment Due Process Clause allows requirements for state delinquency proceedings. established the principle that young persons have constitutional rights

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Bill

a statute in draft before it becomes law

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Chief Justice

the judge who presides over the supreme court

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Commander

in

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Governor

highest ranking member of a state's executive branch

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Reserved powers

powers reserved for the states; examples: creating and maintaining an education system, creating local governments

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Veto power

presidential power to stop a bill from becoming a law by rejecting it

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impeachment

a formal document charging a public official with misconduct in office

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presidential succession

the order in which officials fill the office of president in case of a vacancy

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U.S. Supreme Court

9 justices nominated by President, confirmed by Senate; highest court in the nation; hears only appeals; interprets Constitutional law

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Intolerable Acts/Coercive Acts

A series of acts passed by the government in response to the Boston Tea Party. They caused outrage, as the colonists viewed the acts as a violation of their rights. This led to the creation of the First Continental Congress and the Revolutionary War.

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Boston Tea Party

demonstration (1773) by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor; organized as a protest against taxes on tea.

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Amendment 9

People's rights are not limited to those in the Constitution.

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Amendment 10

Amendment that states some powers reserved to the states

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Amendment 11

Amendment that states cases in which a state was sued without the consent from jurisdiction of federal government must be removed

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Amendment 12

Amendment that states presidential electors have to vote for president and vice president seperately

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Amendment 13

No person under the jurisdiction of the US can be a slave and congress can pass legislation implementing the abolition of slavery

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Amendment 14

Amendment that gives rights of citizens: 1)all persons born in the united states are granted citizenship, 2) no state can deny any person the equal protection of the laws, 3)no state can deny any person life, liberty, property without due process of law

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Amendment 15

Amendment that doesn't allow you to deny a vote because of race, color, previous condition of servitude

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Amendment 16

Amendment that states congress has the right to levy an income tax

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Amendment 17

Amendment that gives the right to elect US senators by popular vote

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Amendment 18

Congress has the right to prohibit the manufacture, sale and transportatin of liquor

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Amendment 19

Amendment that states all women have the right to vote

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Amendment 20

Presidential Inauguration Day is Jan. 20 and Jan. 3 is the date for the new congress opening. If the president dies before swearing in, the Vice President elect becomes president

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Citizenship

Rights & responsibilities entitled to citizens belonging to a political state or country; only citizens can run for federal office (i.e. President, Congress)

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Constitutional Convention

meeting of state delegates in 1787 to revise the Articles of Confederation, which produced the new U.S. Constitution

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Amendment 1

Amendment that represents freedom of speech, religion, press, assembly, and petition

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Amendment 2

The right to bear arms

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Amendment 3

Amendment that prohibits forced quartering of soldiers

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Amendment 4

Amendment that prohibits unreasonable search & seizures

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Amendment 5

Amendment that lists the rules for indictment by grand jury, and eminent domain. Protects the right to due process. Prohibits self

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Amendment 6

Amendment that protects the right to a fair and speedy trial. Gives you the right to be notified of accusations, confront the accuser, and obtain a witness for or against you

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Amendment 7

Amendment that provides the right to trial by jury in civil cases

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Amendment 8

Amendment that prohibits cruel & unusual punishment

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Two

Party System

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Amendment 21

Amendment that repeals the 18th Amendment; empowered Congress to regulate liquior industries

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Amendment 22

Amendment that limits the Presidnet to two full terms in office

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Amendment 23

Granted voters in the District of Columbia the right to vote for president and vice president

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Amendment 24

Amendment that forbade requiring the payment of a poll tax to vote in a federal election

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Amendment 25

Amendment that provided for succession to the office of president in the event of death or incapicity and for filling vacancies in the office of the vice president

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Amendment 26

Amendment that guaranteed the right to vote to 18 year olds

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Amendment 27

Amendment that banned Congress form increasing its members' salaries until the next election

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Plessy v. Ferguson 1896

Supreme Court case that ruled separate but equal public accommodations for the races was constitutional

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Civic Duty

A belief that one has an obligation to participate in civic and political affairs.

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Civic Responsibility

the responsibilities of a citizen, examples include voting, serving on juries, holding public office

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Supremacy Clause

clause of the Constitution that says the Constittution is the highest law of the land. Article 6, Clause 2

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concurrent powers

powers shared by the state and federal government
Ex: power to tax citizens

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delegated powers

powers specifically stated in Article 1, Section 8 of the Constitution as being granted to Congress
Ex: power to establish post offices, power to regulate commerce

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Elastic Clause (Necessary and Proper Clause)

clause in Article 1, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out powers not expressly stated but necessary; cited in the Supreme Court landmark case McCulloch v. Maryland (1819)

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enumerated/expressed/delegated powers

powers Congress has that are specifically stated in the Constitution
Ex: power to coin money and set its value, power to declare war

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implied powers

powers Congress has that are not specifically stated in the Constitution

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Judicial Branch

the branch of government that interprets the law; made up the U.S. Supreme Court and lower federal courts

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Legislative Branch (Congress)

the branch that makes the laws; This is the branch the founders gave the most powers to because it is made up of many representatives elected directly by the people.

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popular sovereignty

power lies with the people

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Preamble to the Constitution

the opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve

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President pro tempore of the Senate

Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President who is the President of the Senate

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House of Representatives

the lower legislative house of Congress; number of representatives from each state is based on population and each representative is elected by a district in their state; members serve 2 year terms

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Speaker of the House of Representatives

the leader of the majority party who serves as the presiding officer of the House of Representatives

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Senate

the upper house of the United States Congress with 100 members

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Free Exercise Clause

part of the first amendment explaining that you have the freedom to practice any religion of your choice

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democracy

type of government where power is derived from the people and the people elect representation

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Gideon Vs .Wainwright (1963)

state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.

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Tinker Vs.Des Moines
(1968)

the court decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom.

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English Bill of Rights

Document written by English Parliament in 1689, designed to prevent abuse of power by English monarchs; parts of the U.S. Bill of Rights have foundation in that document

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Mayflower Compact

1620

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natural rights

rights people have by the virture of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights

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Declaration of Independence

This document was written by Thomas Jefferson and
adopted on July 4, 1776 establishing the 13 American colonies as independent states, free from rule by Great Britain. The preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness.

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U.S. Constitution

"Supreme law of the land" Was written at a Constitutional Convention in Phillidelphia in 1787.

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Rule of law

No one is above the law; Everyone must follow the laws, regardless of their position of power. This was established by the Magna Carta in 1215.

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due process of law

fair treatment through the normal judicial system

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Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.

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Common Sense by Thomas Paine

pamphlet that advocated for the colonies declaring independence from Britain; supported the need for a democratic government where the people had representation

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consent of the governed

The idea that our government derives its power from the people because we elect representatives to the legislative branch of government

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Anti

Federalist Papers

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Social Contract Theory

The belief that people are free and equal by natural right, but will give up some freedom to give power to the government so that the government can protect their rights.

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Supremacy Clause

Article VI of the Constitution, which makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws.

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Judical Review (Marbury vs. Madison)

supreme court decides if laws passed by Congress or President are constitutional

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mayor

head of a city's government elected by the people who are citizens of that city

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Civil Rights Movement

movement in the United States beginning in the 1960s to establish civil rights

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Selective Service Act

law requiring men to register for military service

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American Revolution

war between Great Britain and its American colonies, by which the colonies won their independence

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Popular Sovereignty

A belief that ultimate power resides in the people. The people rule.

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Brown v. Board of Education (1954)

The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

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Dred Scott v. Sandford (1857)

1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, did not free slaves

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President

head of the executive branch; powers: enforces laws, signs/vetoes bills, negotiates treaties, nominates Supreme Court justices

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Bush v. Gore (2000)

The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation

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Hazelwood v. Kuhlmeier (1988)

The U.S Supreme Court held for the first time that public schools can limit what appears in school

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McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers