Total number of votes for the country, does not count
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Electoral vote
Vote that does count
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The number of electoral votes each state has depends on _________
population
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Winner takes all
Electoral system in which the candidate receiving the most votes wins all the votes
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270
number of electoral votes needed to win the presidency is ______
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indirect
The electoral college is an ______ system
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Swing State
a state that does not consistently vote either Democratic or Republican in presidential elections
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Executive branch
enforces the laws (President, Vice President, Cabinet)
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Minimum age of president
35 years old
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Major criticism of the electoral college
if you win the popular vote, you can still lose the election, as a result people may belive their votes do not count
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Difference between voting for senate/house or reps rather than the president
Voting for the president is indirect and voting for the senate or house of reps is direct
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What is law
the RULES and REGULATIONS made and enforced by the GOVERNMENT that regulate the conduct of PEOPLE within a SOCIETY
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Laws reflect society's ____, _____, and _____ values
Moral, political and economic
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If there is no order there will be ______
Chaos
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Laws protect our rights such as
Rights to debate issues freely, to travel, to live in any state, practice the religion of your choice
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For a law to be fully effective it must:
Be fair and enforceable and citizens must be able to know and understand it
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We expect our legal system to
- Protect our freedoms - promote fairness - help people avoid and resolve conflicts - help communities achieve certain goals -promote order and stability - represent the will of the majority -protect the rights of the minority
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The constitution
-framework for government -highest authority -power of the branches comes from the constitution -basic law of the land
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Preamble
Introduction to the Constitution stating it's goals
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Article 1 of the Constitution
LEGISLATIVE Branch (how Congress works) - congress has TWO houses meaning it is BICAMERAL -these two houses are the SENATE and HOUSE OF REPRESENTATIVES - senate has TWO senators for each state with a SIX year term -the house of reps is based on POPULATION and they serve a TWO year term -there are currently FOUR HUNDRED THIRTY FIVE reps - the senate has a longer term to promote STABILITY while the house of reps has a smaller term to GIVE NEW IDEAS AND CHANGE WITH THE COMMUNITY
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article 2 outlines the _________ branch
EXECUTIVE (role of the president) - includes the PRESIDENT, VICE PRESIDENT, and CABINETS -the cabinets are ADVISORS and SECRETARIES - examples are : Secretary of State, secretary of treasury, attorney general (justice), homeland security
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The presidents term is
4 years, can only do 8 years in total or 2 terms
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Electoral college votes are calculated by
adding the number of senators plus the number of reps for that state, 270 electoral votes are needed to win an election
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Article 3 of the Constitution
JUDICIAL branch - SUPREME COURT is the highest court - (article outlines how the courts work) - branch INTERPRETS the law - PRESIDENT appoints the JUSTICES
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Justice's term
for life or until they die or retire, this is for SECURITY purposes and there are NINE justices on the court
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Impeachment
Accusing someone of wrong doing
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Ratify
to approve
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1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition (they have limitations)
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Establishment Clause
government can not establish an official religion
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Establishment clause cans
- teach about religions in schools -allow voluntary prayer -transport students to a religion school - read the Bible for literacy context
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establishment clause cants
-set a state religion -order prayer -teach one religion in school -teach creationism
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Free exercise clause
citizens can practice any religion freely but with limits
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Free exercise cans
-choose any religion -lead a prayer in most instances -ask questions about religion
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Free exercise cants
-break the law and use religion as an excuse - raise children without education -deprive children from basic needs
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hate crimes
attacks based on a person's race, religion, or other characteristics
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free speech allows people to
-say political beliefs -protest without it being chaotic - say things that are true about someone -burn the flag -say racist/hate slogans -say something you disagree with
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free speech tests
-balancing test(weigh the danger of two things) -clear and present danger - incitement test (provoking)
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freedom of the press
media
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freedom of the press cans
-Print any political position -Make fun of people, especially politicians -Expose wrongs by the government -Say things you might not agree with
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freedom of the press cants
- libel, intentionally injuring someones reputation with false facts - disclosing classified government information - detail how to make a weapon
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Libel vs. Slander
- Libel is written defamationand slander is spoken defamation - libel falls under freedom of press while slander falls under speech
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freedom of assembly
the right of the people to gather peacefully - protest -concerts -parade with a permit -parade chanting hate slogans -charity
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freedom of assembly cants
-protest violently by throwing rocks or breaking things - loiter (hang out on private property without permission)
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petition the government
-You may sue the government for wrongs -You cannot be punished for exposing wrongs by the government -The courts decide the wrongs
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2nd Amendment
Right to keep and bear arms
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Third amendment
No quartering of soldiers, government can not force you to shelter soldiers without your consent in time of war or peace
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Fourth Amendment
search and seizure - government needs a PROBABLE CAUSE and a WARRANT given by a JUDGE - only a POLICE OFFICER or DISTRICT ATTORNEY can ask for a warrant - you can be searched in public places such as a train or airport
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Fifth Amendment
Rights of the accused persons - indicted (to officially charge with a crime) - Miranda rights - warning for criminal procedure "you have the right to remain silent... " - double jeopardy- you cannot be tried for the same crime twice - I plead the fifth- right to not self incriminate - due process of law means the process an accused person goes through
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Sixth amendment
Jury trial in criminal cases - right to speedy trail before an impartial jury (not biased) - trial must be held where the crime took place - accused must be told what the charge is - right to be represented by a lawyer
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Seventh amendment
Rules of common law - lawsuits based on common law - common law- legal principles based on past court cases rather than laws passed by legislature (congress) -ex Brown v Board of Ed overturned Plessy v Ferguson
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Eight amendment
Protection against cruel and unusual punishment - fines and bail money should be reasonable -bail- money to stay out of jail while case is ongoing
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Ninth amendment
Other rights of the people - if something isn't prohibited, we can do it - rights that are not listed in the constitution but still count
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Tenth Amendment
Powers kept by the states or the people -powers reserved for the states to decide -ex abortion limitations, gay marriage, age for drinking, age for driving which may vary from state to state
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Article 4 (IV)
- deals with criminal extradition (if someone commits a crime and flees out of state/country the US can try to bring them back - formation of new states - congress' power to government in territorial lands not yet states
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Article 5 (V)
-Amending the Constitution amending means changing - 2/3 votes needed from congress - submitted to states for ratification (3/4 of states must approve)
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Article 6 (VI)
Constitution as supreme law - the constitution declared itself the supreme law of the land
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Article 7 (VII)
Ratification and approving the constitution
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Amendments
Changes to the Constitution
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Constitution was made to
-Improve how all the stages work together to make one -Bring justice -keep peace defend the nation from foreign enemies -make the people's lives better -make sure that the people remain free
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Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power -ex congress impeaching the president or the judicial branch overturning laws
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Judicial review
The power of the courts to declare laws unconstitutional