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All political power resides in the people |
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No government is all powerful; government must obey the law |
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Legislative, Executive, Judicial |
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Legis, exec, jud all tied together to check each others actions and to work together |
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power of the court to determine the constitutionality of a government action |
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the division of power among a central government and several state governments |
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formal amendments can change the constitution. |
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NRA-National Rifle Association |
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coalition to stop gun violence; wanted gun control |
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Freedom on speech, religion, press, resemble peacefully and protest gov |
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The right to bear arms, maintain a militia |
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protection from having quarters soldiers in time of peace without the consent of the owner, nor in time of war except as provided by law. |
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protection against arbitrary searches and seizures without probable cause |
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protection from prosecution without an indictment, being tried twice for same crime, having to testify against oneself, loss of life liberty or property without due process of law, loss of property without just compensation |
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Right to a speedy trial, right to be informed of charges, to cross examine witnesses, and to present favorable witnesses. Right to an attorney |
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The right to a trial by jury in any civil case where the amount of money involved in 20 dollars or more. |
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protection from excessive bail or fines. protection from cruel and unusual punishment |
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Other rights held by the people and not the constitution |
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Powers not for the federal government are put towards the states as long as the states follow the constitution. |
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Citizenship, equal protection, and due process |
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voting for people of all race, color, or previous enslavement |
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Congress given the right to tax incomes |
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Popular election of US Senators |
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Limit on presidential terms |
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Ban of tax payment as voter qualification |
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Presidential succession, VP vacancy, and presidential disability |
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change made to the constitution |
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numbered section of the constitution |
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advisory body to the president |
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formally selects the president and VP |
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How may an amendment to the constitution be proposed? |
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Method of ratification most commonly used? |
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3/4 of state legislatures |
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a pact made by the president directly with the head of a foreign state. |
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when senate approves only those president appointees |
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holds that government and its officers are always subject to the law and never above it |
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government should step in to help regulate school performance within states |
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powers given to the fed gov by the constitution |
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states can not coin money, make alliances, or treaties |
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shared powers ie tax, courts |
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constitution is the highest law |
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Elastic clause "Necessary and Proper Clause" |
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provision of article in constitution |
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McCulloch v Maryland (1819) |
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Us bank was in Maryland and maryland banks did not like this so they taxed the federal bank and McCulloch didn't pay taxes. McCullouch won |
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Transporting people or goods over state lines. congress has right to regulate foreign. |
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Ogden received a licensed monopoly to trade across NY and NJ while Gibbons had a federal license. Gibbons won because he had a state license and it was between states. |
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gun free school zones. alfonso lopez had a gun in school. 5-4 vote that the law was unconstitutional and exceeded the commerce clause. |
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Drivers privacy protection act that restricted states ability to disclose drivers personal info with consent.
Didn't want peoples information getting out to random people. |
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NY had expanded Ellis Island into NJ but NJ won 6-3. |
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Federal and state gov remain dominant in their own seperate spheres of influence. |
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Cooperative Federalism(New) |
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State and fed gov work together to solve complex issues. |
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Fed aid to states, fed gov run deficits, 20% of fed budget goes to states, may account for 25% of local/state budget, economic downturn raises dependence. |
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Targets specific purposes and projects |
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based on income levels and population ie Medicaid |
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states lose some highway funds if state didn't raise drinking age to 21 |
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money given for broad, general purposes. replaced nixons revenue sharing |
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aid for the poor americans |
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return of power to the state government
pro: states will use the power better
con: fed needs to control the shots/ problems are the same throughout the states so fed should just take care of it |
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an act directing the people of a territory to frame a proposed state constitution to become a new state. |
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when a new state is passed by president |
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agreements amongs themselves and with foreighn states. |
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Full Faith and Credit Clause |
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operates between states where if in a court if someone is tried of something and moves to another states that states will continue with what the former states convicted that person of. |
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the legal process by which a fugitive from justice in one state can be returned to that state. |
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Privileges and Immunities Clause |
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no state can draw unreasonable distinctions between its own residents and those persons who happen to live in another state. |
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