Federal government Test 1

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Government

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45 Terms

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Article 1?

Creates congress.

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Article 2?

The President’s office.

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Article 3?

Courts.

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Enumerated Powers?

The power granted by the constitution.

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Implied Powers?

Changes made to the constitution.

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Necessary and Proper Clause?

Gives congress the power to make laws they deem necessary.

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Writ of habeas corpus?

A claim of unlawful detention.

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Bill of attainder?

No automatic punishment.

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Ex post facto (after the fact)?

 No retroactive court, A person can only be in trouble on a law that existed the date of the crime.

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Full faith and credit?

States must recognize/ honor other states proceedings.

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Extradition?

Being sent back to the state issuing the warrant.

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Privileges and immunities?

States prohibited from discriminating against non-state residents.

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First Amendment?

Freedom of speech.

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Second Amendment?

Right to bear arms.

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Can the government place reasonable restrictions on weapon ownership?

Yes.

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What does the Fourth Amendment protect us from?

Unreasonable searches

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What does the Fifth Amendment cover?

 Double jeopardy, self-incrimination, and eminent domain.

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What is double jeopardy?

Prosecution of the same person twice 

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What does the Sixth Amendment cover?

Right to a speedy public trial.

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What does the Seventh Amendment cover?

Civil cases.

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What does the Eight Amendment cover?

Death penalty and bail bonds.

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When can the government use the death penalty?

On certain murder cases

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What does the Ninth Amendment cover?

There are other rights retained by the people

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What does the Tenth Amendment cover?

Reserved power of the state

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What does the Thirteenth Amendment cover?

Slavery

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What does the Fourteenth Amendment cover?

Citizenship to all people born in the US

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What does the Fifteenth Amendment cover?

Gave African Americans the right to vote

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What does due process of law mean?

Legal fairness in all matters

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What does the Sixteenth Amendment cover?

Income tax

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What does the Nineteeth Amendment cover?

Gave women the right to vote.

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What does the Twenty-fourth Amendment cover?

Prohibits poll taxes

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What does the Twenty-Fifth Amendment cover?

In case of the president removal the vise president steps up… and so on

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What does the Twenty-Sixth Amendment cover?

Voting age moved from 21 to 18

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What is the social contract theory?

That the government only exist by the consent of the people in order to protect basic rights.

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What is Locke’s theory?

 A theory on human rights.

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What is the great compromise?

Each state gets two senates and the house of representatives is based on population.

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What is separation of powers?

Separation of powers in the states government.

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What are the three different branches of government?

Legislative, executive, and judicial.

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What is judicial review?

Power of federal courts.

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Who appoints federal judges?

The president.

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What is a federal district court?

General trial courts of the federal court system.

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What is a federal circuit court?

Review certain administrative decision.

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What is an Appellate jurisdiction?

 Claiming error to the original jurisdiction.

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What is Judicial activism?

New law through the constitution

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What is judicial restraint?

The judge not injecting their preference in court.