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written by Madison. Discusses how a large republic will have the tendency to prevent factions from forming. started by Mr. T While Madison acknowledged that there were many differing factions, he also indicated that a republican form of government, using the ideal of majority rule, would tame the factions and control their effects. Minority groups would be protected because the factions would have to negotiate their differences. In this way, the republic would create a system of government in which the majority would rule but the ideas of the minority would have to be taken into consideration. By: Hope Schmid |
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Articles of Confederation (add more to me...) |
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Name of the government created by the 13 colonies after gaining independence from Britain (1781-89) started by Mr. T It was a confederacy, in which the independent states didn't share powers with the central government. It had a weak central government with only one branch in it (Congress). The government couldn't tax or enforce laws either. This government led to a bad economy and violence, which is why the founding fathers tried to revise the Articles of Confederation. But, they ended up writing the Constitution in the end. By: Ben |
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"A person or group of people in society who possess the power to make, enforce, and interpret laws."
Created by: Sondra |
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All citizens create/vote on every law. Pro: fairness, people feel more conected Con: disagreement, factions can be created, total effort is much higher Created by: Sondra added info by Jason P |
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the competition to gain, keep, and use power
Created by: Emily F |
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Life before organized government; survival of the fittestl every man/woman for themselves
Created by: Emily F |
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Another word for a Republic. People select others who will vote on their behalf
Created by: Stephanie May |
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How power is divided. There are 3 ways to divide government power: unitary, federal, and confederal.
Created by: Stephanie May |
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Rights that each person has that cannot be taken away - these rights include life, liberty, and the pursuit of happiness
Created by: Christine T. |
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The first 10 amendments to the Constitution. These are rights guaranteed to the people, such as the freedom of speech, right to bear arms, no cruel and unusual punishment, etc.
Created by: Christine T. |
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Government is controlled by the people. We vote, and the most popular option is the winner. Ex: Presidential Election.
Created by: Justin |
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Introductory paragraph to the Constitution that states the Constitution's purpose and what the Founding Fathers set out to do.
Created by: Justin |
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Power is concentrated in one central government that has the power to dissolve lower levels of government. |
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Power is divided between lower-level governments, which are largely independent and united by a weak central government. |
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type of deliberative assembly with the power to pass, amend, and repeal laws. The Legislative Branch consists of both housesof Congress (The House of Representatives and the Senate). -Jeremy Alfano The House is based on population, the senate is equal representation for every state. The Legislative branch can also override the president with a 2/3 vote. Added info by Jason
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Authority to enforce orders and to ensure they are carried out as intended. The Executive Branch consists of the president, the vice president and 15 Cabinet-level executive departments.-Jeremy Alfano |
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The constitutional authority vestedin courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void, statutes when disputes arise over theirscope or constitutionality.-Jeremy Alfano |
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The last amendment of the original Bill of Rights that states that any power not delegated to the national government nor prohibited by it to the states are resevered to the states or the people. Created by Alex R. |
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Was drafted by Madison. It wanted a strong central government, where there would be legislature, executive, and judicial branches, also there would be two houses where both would base their representation on a state's population. Created by Alex R. |
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This is for delegated or enumerated powers. Enumerated powers are powers of Congress. Three examples are control military, coin money, and borrow money |
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It is a written statement outlining the basic laws or principles by which our country is governed. Kathleen Quinn |
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Powers that both federal and state government have simultaneously |
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(Also known as the enumerated powers) These powers are listed in Article 1, Section 8 of the Constitution and set forth the powers given to congress. |
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The main author of the Declaration of Independence.
Created by: Christina Ngo
Jefferson was a member of the Democratic-Republican party. He was also the 3rd United State's president.
Added info by Jason P |
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Sub-national units of government make up the national government. The national government can be dissolved at any time.
Abby Marco |
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The national government creates subnational governments. These subnational governments can be dissolved at any time.
Abby Marco |
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The acts of various branches toward another; prevents each branch from having more power than the others.
Created by: Christina Ngo |
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The fourth president of the United States: The author of the Federalist Papers: The person who purposed the Virginia Plan. By: Peter Ngo |
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Frustrated with the inability to pay their taxes and debts, much less support their families, Massachusetts farmers stepped outside the law to solve their problems. Like most rebellions, meetings stressed non-violence, but soon the angry mobs took action. The farmers prevented the county courts from sitting, which were responsible for writs of property foreclosure. This rebellion proved that the Articles of Confederation were too weak and that a new system of government was necessary. By: Hope Schmid |
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a court case that involved the concept of the national government creating a national bank and implementing said bank into a state. Maryland started taxing said bank immensely which made the bank suffer. McCullough fought for the national government and this case eventually expanded the implied powers clause (because it is implied that the national government can create banks) and the supremacy clause (because the national government had priority over the state government). By: Hope Schmid |
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The separation of powers is a political doctrine in the United States. There are the three branches legislative, executive, and judicial which are kept distinct to prevent abuse of power. They have checks and balances over each other so that there is absolute power. By: Tom Nguyen |
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The New Jersey plan proposed a simple revision of the Articles of Confederation. Congress would hav the same powers as under the Articles. All acts of Congress would be the Supreme law of the land. Executive branch would be chose by Congress. Congress would be unicameral with equal representation. Contributed to the Great Compromise. By:Tom Nguyen |
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Necessary and Proper Clause (AKA the Elastic Clause) |
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Found in U.S. Constitution in Section 8, Clause 18.
"The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer there of."
Created by Bridgett T.
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Powers held by the legislative branch that are not documented as a power in the U.S. Constitution, but seem to be implied by the language of the Constitution.
By: Bridgett T. |
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were written to persuade voters to ratify the proposed constitution. They outline how this new government would operate and why this type of government was the best choice for the United States. The two most famous were Federalist Paper #51 and Federalist Paper #10, both written by James Madison. -Rachael DiNicola |
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A government in which the people agree with the leader(s) and accept them as the ruler of their government. The idea originated in social contract schools in the 17th century, which John Locke had a heavy influence in. Thomas Jefferson re-proposed the idea within the Declaration of Independence. By: Michael Kane |
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The beginning phrase of the US Constitution, which is very controversial, because of the fact that the founding fathers were not apart of the majority of American citizens. Many people think that it is incorrect of the founding fathers to have put "We The People", because they represented only a small portion of the American population, also they did not get the consent of the people for the creation of the US Constitution.
By: Michael Kane |
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written by James Madison. Discusses how seperate checks and balances can be created in government.Also argues why a seperation of power is needed in government. By: Sam McCarthy |
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Majority Rights vs. Minority Rights |
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Introduced by James Madison in the Federalist Paper #10. It was describe in depth, on how minority can be overrun by the majority's factions, and in many cases the majority is thought to not be educated enough to make decisions of their own. James Madison used this argument in Federalist #10 to argue for a Federal Government. This can also be linked with "tyranny of the masses."
By: Michael Kane |
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Founding Era to Civil War Era to Depression Era to Present Era. BERGAN |
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The ability of Judicial Branch Judges/courts to go back and say an action or law passed is unconstitutional. BERGAN |
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Throughout our history, their were many compromises made in order to create our government. One of the first compromises was the Great Compromise which took the New Jersey Plan and the Virginia Plan and wrote to US constitution. Also in the declaration of Independence it states that if the government treats the people cruel or unusual or if one person gains too much power, then the government system can be changed. That is a compromise between the government and the people. - Nataley Parker |
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Declaration of Independence |
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The Declaration of Independence was written mostly by Thomas Jefferson in the year of 1776. This document declared our freedom from England. - Nataley Parker |
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Connecticut Compromise (Great Compromise) |
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It was a compromise between big and small states. It said that the Senate has equal representation while the House has representation based on population. By: Ben |
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Sixty percent of slaves, or 3/5 of a slave, counted towards the population in the House of Representation. By: Ben |
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Circuit Courts (US Courts of Appeals) |
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Hear Cases already decided in distrcit courts. There are 12 Sppeal Courts. 3 Judges decide each case. No Trial, No Jury, etc.
Corey Brown |
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Was a court case in 1973 dealing with a women's right to chose an abortion was protected by the constitution
Kathleen Quinn |
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Brown v Board of Education |
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Was a court case in 1954 that declared that legal segregation was unconstitutional. Kathleen Quinn |
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Miranda rights, says that the police must explain your rights to you while arresting you. These rights are 1. Right to remain silent. 2. Anything said can be used against you. 3. Right to an attorney. 4. If you can not afford an attorney, one will be provided for you. By: Tom Nguyen |
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The federal courts authority to hear and decide cases. Federal courts have jurisdiction over the US constitution, National Laws, US Govt., one state vs. citizen of another state, More then one state, foreign govt. or citizen. By: Tom Nguyen |
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Being tried twice for the same offense; prohibited by the 5th Amendment. -Rachael |
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Bars from the court any evidence obtained in violation of the fourth amendment. The goal is to deter police from illegal conduct. (Mapp v Ohio, 1961) -Rachael |
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Miranda vs. Arizona was tried in 1966. The ruling stated that upon arrest an officer would have to read the person his or he rights to inform the person of the rights they have. -Olivia |
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Brown vs. The Board of Education |
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Tried in 1954 the court stated that legal separation was unconstitutional. |
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This is the amount of Supreme Court Justices that serve for life on the Supreme Court. Created by: Justin J. |
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Latin for: " Have ye the body." Court order demanding that state produces the defendant and justifies his/her incarceration to the Federal Court. Created by: Justin J. |
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Founders' views of the court |
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The Founding Fathers did not think it would be as powerful as it is today. By: Christine T. |
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1) Founding to Civil War 2) Civil War to Depression 3) Depression to Present By: Christine T. |
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3 Judges decide each case |
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This occurs in the U.S. Court of Appeals, also known as the Circuit Courts.
Created by Christina Ngo |
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This protects the freedom of religion and freedom of expression (speech, press, assembly, and association).
Created by Christina Ngo |
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In Constitutional Law, the right of people to make personal decisions regarding intimate matters and the right of people to lead their lives in a manner that is reasonably secluded from the public. Abby Marco |
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A court having jurisdiction to review decisions of a trial-level or other lower court.
Abby Marco |
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The court case in 1896 that declared segregation (seperate but equal doctrine) was constitutional.
By. Peter Ngo |
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Latin for, 'friend of the court.'
Someone who is not part of a party, but offers information to the court.
By. Peter Ngo |
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Government's attorney in Supreme Court case.
Created by: Emily F |
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The person who initiates a lawsuit before a civil court.
Created by: Emily F |
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prohibit the federal government from declaring and financially supporting a national religion - Jeremy Alfano
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the first court before which the facts of a case are decided. - Jeremy Alfano |
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Senate rules allow any member or group of senators to speak as long as necessary on an issue. The only way to end the debate is to evoke "cloture," or win a vote of 60 members. AN unlimited debate. BERGAN |
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(1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant's act of flag burning was protected speech under the First Amendment to the United States Constitution. BERGAN |
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There are 94 trial courts in the U.S. (1 Per state)
MAZER |
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There are 12 U.S. appeals courts. MAZER |
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The gradual process in which the US Constitution's Bill of Rights was incorperated or force into state law. Also made it so that Federal rights override state rights.
Quote explaining incorperantion:
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States' seem to me an eminently reasonable way of expressing the idea that henceforth the Bill of Rights shall apply to the States." |
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In 1989 a communist activist burned an American flag and was brought to federal court, eventually to Supreme Court. The court found, in favor of Johnson, that restricting the burning of the American flag was unconstitutional in the fact that it would restrict the right to free speech. |
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How justices are selected |
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The President nominates a justice, usually chosen from their own party. The president is usually advised by the senior member of their party of the region that will confirm the justice (senatorial courtesy).
-Eli |
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How justices are confirmed |
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The Senate votes on whether to confirm the justice, and a simple majority is needed to pass.
-Eli |
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This is the case in which Judicial Review is established. Judicial Review means that the US Supreme court can review and invalidate a law by deeming it "unconstitutional." This case was the first time the term "unconstitutional" was used. - Kaitlin |
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The Writ of Habeus Corpus |
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Latin for "have ye the body." A court order stating that in a Supreme Court case, the state must produce the defendant to the Federal Court and justify his/her incarceration. - Kaitlin |
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Only four justices have to rule (vote) for a case to be heard.
Sondra Goldschmidt |
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This amendment abolished slavery.
Sondra Goldschmidt |
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Government can't stop you from practicing your religion
Stephanie May |
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There are 12 appeal courts
Stephanie may |
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evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution. -Jong Lee |
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review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
-Jong Lee |
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This amendment gives women the right to vote.
Alex R. |
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This was the first political party in America. John Adams was the only president of this party, Washington could have been a federalist, but stayed independent his whole time in office. This party believed in nationalism, federalism, and industrialization. By Jason P |
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Cruel and Unusual punishment |
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Under the 8th amendment, no one shall be given excessive bail or fines, or be abused or cruelly punished. _tristan |
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Supreme court case, which ruled that the under the Commerce Clause, congress could regulate interstate commerce. |
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Guards against unreasonable searches and seizures
By:Sam McCarthy |
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The first Chief Justice and a writer of the Federalist Papers.
Eli |
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Clause in 14th amendment-
"Nor shall any State deprive any person of life, liberty, or property, without due process of law"
Guarantees that the government will follow just procedures when prosecuting a criminal defendant.
By: Sam McCarthy |
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imposes restrictions on the government's prosecution of persons accused of crimes; mandates due process of law and prohibits self-incrimination and double jeopardy; requires just compensation if private property is taken for public use. By: Hope Schmid |
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when the Court uses previous rulings to make a decision on a familiar case in the present. By: Hope Schmid |
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Two Paths to Federal Court |
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If a state law and the U.S. Constitution are involved and there's: 1. Appeal from state supreme courts to U.S. Supreme Court or 2. Appeal to a local federal district court for a "writ of habeus corpus"
By: Christina Ngo |
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Civil liberties vs civil rights |
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Civil liberties are basic rights and freedoms guaranteed by the Bill of Rights. Civil rights are the basic right to be free from unequal treatment based on certain protected characteristics in settings such as employment and housing.
By: Christine Tang |
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In law, a legal decisionor form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases. Something taken from a case and used for other cases in the future to help decide them. BERGAN (#5..) |
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Gitlow vs. New York (1925) |
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First time the Supreme Court applied a state case to the Bill of Rights (selective incorporation)
by Rachael DiNicola
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How Justices Are Selected |
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President chooses, Senate confirms (majority vote)
by Rachael DiNicola |
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In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. Decision: 5 votes for Johnson, 4 votes against Created by: Justin J. |
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Congress's pay is determined in a vote. When it changes, the new amount does not go into affect until the new term has started. Created by: Justin J. |
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Segregation enforced by law. -Emily F |
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Segregation based on residential patters. -Emily F |
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A population count in the states that takes place every ten years.
By: Peter Ngo |
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These are laws that created segregation.
By: Tom Nguyen |
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The judge that presides over the Supreme Court. -Olivia G |
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A national trial court. -Olivia G |
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The actual aim of the founders of the constitution. -Olivia G. |
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Justices on Supreme Court |
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There are nine justices on the Supreme Court. There is one Chief Justice and eight Assciate Justices.
Jason P |
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a case that involves a person or organization that commits an offense against the State and results in time in prison, an execution, and/or the payment of a major fine to the government. Abby Marco |
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these are cases dealing with disputes between individuals and/or organizations. These issues are private offenses in which the offender usually will just have to pay a fine to the plaintiff. Abby Marco |
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Congress votes on its pay, and they receive generous pension/health benefits.
By: Sondra Goldschmidt |
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Barron v. Baltimore (1833) |
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This was the case in which it was decide that the Bill of Rights would be applied to state governments. The case itself involve the private property of a citizen for government use, taking away the citizens 5th amendment rights. The Court deemed it, unanimously, that the states can not override any rights put in the US Constitution.
By: Michael Kane |
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Made it so blacks could vote
Stephanie May |
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First of many cases where the court decided religion at public ceremonies is prohibited.
By: Bridgett Taylor |
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Evidence gathered by search and seizure that violated the U.S. Constitution must not be accepted by state courts.
By: Bridgett Taylor |
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Korematsu v. United States |
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Exclusion is justified during times of "emergency and peril." Was brought to light when Japanese citizens were taken from their homes during WWII.
By: Bridgett Taylor |
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-Based on intergration between federal,state, and local government levels.
-Federal and state agencies will share resources,administrative offices in an effort to coordinate and establish public policy or a gov. program
-Supported by liberals
Sam McCarthy |
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The rights of citizens to political and social freedom and equality. -Jong Lee |
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the holder of a political office -Jong Lee |
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a closed meeting of a group of persons belonging to the same political party or faction usually to select candidates or to decide on policy -Jong Lee |
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A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. -Jong Lee |
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A body of electors chosen by the people who elect the president and the vice president. There are 538 electoral votes in the US to win presidency 270 must be obtained. |
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A specific item in a bill that includes prok. Kathleen Quinn |
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The senate is referred to as a continuous body because not all 100 seats are up for election at once unlike the House of Representatives which holds reelections for every member at the same time.
Bridgett T. |
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Total number of electoral votes. 435(house)+100(senate)+3(D.C.)
By: Bridgett T. |
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Committee composed of members of the house and senate. -Tristan Grupp |
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permanent committees established by the rules of the senate. - Tristan Grupp |
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special interest committee |
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committees specializing in specific issues, such as ethics or indian affairs. -Tristan Grupp |
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committees discussing similar bills proposed by both the house and the senate -Tristan Grupp |
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a parliamentary device in which the house is seen as one large committee. -Tristan Grupp |
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