change or addition that becomes part of the written language of the Constitution
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Informal Amendment
change of the process but not words in constitution
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executive order
a rule or order issued by the president to an executive branch of the government and having the force of law.
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executive agreement
an agreement between the president and the leader of another country without legislative approval
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5
How many amendments does the Constitution have?
27
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6
6 basic principles of the constitution
popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism
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Popular Sovereignty
people are the ONLY source of authority for the government
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Limited Government
A principle of constitutional government; a government whose powers are defined and limited by a constitution and controlled by the people
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seperation of powers
The division of a central government into two or more branches, each having its own responsibilities and authorities.
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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
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Judicial Review
Allows the court to determine the constitutionality of laws
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Federalism
a form of government in which power is divided between the federal, or national, government, the states government, and local government
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13
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
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14
Civil rights act of 1968
prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status.
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15
Who can nationalize citizens?
Congress
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What did Brown v. Board of Education do?
It ended legal school segregation by holding that separate is not equal.
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17
libel
writing something that is false and hateful
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18
Slander
saying something that is false and hateful
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19
Can you get in trouble for encouraging someone to break the law?
Yes
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20
5 freedoms in the first amendment
speech, religion, press, assembly, petition
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21
Miranda Rule
the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights (the right to a lawyer and the right to remain silent until advised by a lawyer)
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22
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
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State's Police Power
Power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.
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Establishment Clause
separation of church and state
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Free Exercise Clause
guarantees all people the right to whatever religious beliefs they choose but it does not give ppl the right to act on any belief. Ex. if ur religion calls for something that goes against the rights of others, it is not allowed
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rights of the accused
innocent until proven guilty
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1rst amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
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2nd Amendment
Right to bear arms and state militia
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3rd Amendment
No quartering of soldiers
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4th Amendment
Freedom from unreasonable searches and seizures
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5th Amendment
Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination
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6th Amendment
Right to a fair, speedy trial
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7th Amendment
Right to a trial by jury in civil cases
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8th Amendment
No cruel and unusual punishment or excessive bail
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9th Amendment
Unenumerated Rights (rights not listed in Constitution)
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10th Amendment
Powers not given to federal government go to people and States
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14th Amendment
all constitutional laws apply to states
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38
Bill or Rights
First 10 amendments to the Constitution
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39
due process of law
The Government must follow procedures and act fairly in dealing withpeople accused of crimes. It must follow the rules. Ex. Rochin v. California 1952
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substantive due process
the government must protect us from unfair laws
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4 crimes against the nation
espionage, sabotage, sedition, and treason
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bench trial
A trial in which the judge alone hears the case
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43
Segregation
Separation of people based on racial, ethnic, or other differences
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Discrimination
Behaving differently, usually unfairly, toward the members of a group.
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Affirmative Action
step federal government can take to make up for past discrimination (stops you from hiring white males)
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probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
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47
Picketing
The gathering of striking workers at a business site as a sign of protest
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Civil liberties
protections against government action that interfere with individual freedom
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Civil Rights
Government actions that make sure Constitutional guarantees of liberty are upheld
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citizen
a legally recognized subject or national of a state or commonwealth, either native or naturalized.
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Is obscenity protected by the constitution?
NO
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Do you need a search warrant for wire tapping and bugging?
Yes
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53
Establishment clause cases
fight for religion in school
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54
Freedom of speech protects what?
unpopular views from a minority
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Can you make your speeches become violent?
No, because that is taking away other ppl's rights
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2 ways to be natural citizen
jus soli + jus sanguis
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jus soli
the law of soil, which determines citizenship based on where a person is born
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jus sanguinis
The law of blood, which determines citizenship based on one's parents' citizenship.
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Naturalization
A legal process to obtain citizenship
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Is burning the American Flag legal?
Yes, as long as you do not break any other laws in the process.
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Preamble
states the purpose of the constitution
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Senate has how many memebers for each state
2
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HOw does HOR determine amount of repersentatives for each state?
population
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When did the Constitution go into effect?
1789
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who does the president seek adivce from?
cabinet
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Habeas Corpus
The accused has the right to being court during their proceedings.
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Bills of Attainder
punishes an accused person without a court trail.This is illegal in the U.S.
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Ex Post Facto Laws
A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
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Grand Jury
A group of people who together look at the evidence of a case and decide if a person should be charged with a serious crime
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indictment
A formal complaint that charges a person with a crime
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Double Jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution.
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Speedy and Public Trial
The time between a person's arrest and the beginning of their federal criminal trial cannot be more than 100 days
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Trial by jury
The accused has the right to a trial by an impartial jury of their peers.
Studied by 14 people
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Flashcard (33)