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is a type of political system that gives certain powers to the national government, others to states, and some to both levels of government |
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all authority rests with the national government (UK, France), which can distribute it to local or regional governments |
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all power is in the hands of the individual states, the national government has only as much power as the states give to it (US 1781-1788 of the Articles of Confederation) |
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Article 1 Section 8: Congress has powers of taxing, spending, declaring war, and regulating commerce |
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Article 1 Section 8: "necessary and proper": language is flexible in authority |
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Article 6: "the supreme law of the land": US Constitution is ultimate authority whenever there is need to resolve a dispute between the national government and the states |
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McCulloch v Maryland 1819: powers not mentioned explicitly in the U.S. Constitution but that can be inferred from the enumerated powers |
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The powers not delegated to the United Sates by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people |
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Tenth Amendment grants them |
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1 of 3 amendments to end slavery and grant rights to blacks after the Civil War No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws |
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American are citizens of both the nation and their state, and they are governed by the constitutions of both governments |
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14A; incorporates into the meaning of the 14A the protections offered by the Bill of Rights |
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the ability to promote public health, safety, morals, or general welfare; among reserved powers in the 10A |
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Georgia is not among the 18 states; process in which citizens circulate petitions to place proposed amendments on the ballot for voters to ratify or reject in a statewide referendum |
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requirements that revenues from certain sources be spent for designated purposes; lottery fund education; tax on alcohol |
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distinct legislative, executive, and judicial branches |
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the power of courts to declare acts unconstitutional (federal level Marbury vs Madison) |
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the ability to kill a specific item in a spending bill (president doesn't have this power but GA governor does) |
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candidates fpr statewide office were chosen in primaries based on cuonty-unit votes, which were similar to the electoral votes used to elect the US president; awarded winner take all basis (ex. 1946 Eugene Talmadge) |
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set a maximum number of terms (or consecutive terms) that an elected official can hold an office |
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Multi-member House Districts |
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elected several representatives within the same district, requiring instead that candidates run for a designated seat (abandoned in 1990) |
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voters elect only one House member |
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just as the vice president of the United States is formally the presiding officer of the U.S. Senate |
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elected from members of House; |
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has application to individuals; honor achievements, create special committees, determine compensation, set requirements for legislative staff |
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has application statewide; laws regarding election procedures or speed limits on state highways are examples |
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laws passed by the Georgia General Assembly that apply only to specific cities, counties, or special districts |
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meaning that voters elect various department heads, contrast to president choosing cabinet |
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six department heads in addition to governor and lieutenant governor; attorney general, secretary of state, state school superintendent, department of agriculture, department of insurance, department of labor |
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Constitutional Boards and Commissions |
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Education, Natural Resources, Pardones and Paroles, Personnel, Public Service, Regents, Transportation, Veterans Services |
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apply laws to the facts in specific cases, reaching decisions in criminal or civil cases |
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review the actions of trial courts to determine questions of law (whether statutes or constitutional questions were interpreted or applied correctly); no witnesses or juries |
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the declarations advise agencies and local governments about whether actions they plan to take are legal; they have the force of law in Georgia unless overturned in court |
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is the trial court of general juridiction in each county that hears a broad range of serious cases, including divorces, felonies, and most civil disputes |
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deals with wills, estates, marriage licenses, appointment of guardians, and involuntary hospitalizations of individuals |
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was created in 1907 to relieve some of the burden on the Supreme Court; 6 year terms |
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comprises seven justices selected statewide in nonpartisan elections; 6 year terms |
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represent the state as prosecutors in all criminal cases and in all cases heard by the Supreme Court and Court of Appeals |
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determines how and if a case will proceed against defendent |
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a formal charge accusing someone of a crime |
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twelve members; misdemeanor cases and in courts of limited jurisdiction |
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Local Constitutional Officers |
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include a clerk of the superior court, a judge of the probate court, a sheriff, and a tax commissioner (4 year terms) |
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provide a specific service or services over a defined geographical area independent of city and county governments |
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for cities and counties; allows local governments broad powers to write and amend their charters and to take any action not prohibited by the state |
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borrowing in which the local government pledges tax revenues to pay off bonds sold to raise money, usually for major construction projects |
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not backed by taxes but by revenues from projects being financed by the bonds |
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special purpose local option tax |
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votes choose person to fill an office |
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select each party's candidates for general elections |
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winner of primary of general election to receive certain percentage of the votes cast; 1917 |
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in which legislative bodies place issues on the ballot for the public to decide |
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an election to remove public officials from office before their term has expired |
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redraws the district boundaries every 10 years following census for legislature and House |
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the practice of drawing districts in order to achieve political outcomes |
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required citizens to pay an annual levy to be eligible to vote, thereby making it harder for the poor to vote; repealed in 1945 by Governor Ellis Arnall; US banned in 1964 |
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which restricted voting in party primaries to whites when the Democratic party was the defender of segregation in the South from the 1970s to the 1960s; overturned by King v Chapman |
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required that voters be able to read and explain any paragraph of the federal or state constitution |
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required ownership of 40 acres of land or property assessed at $500 |
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enfranchised men who had served in the United States or Confederate military forces and their descendants; ended 1914 |
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outlawed discrimination in public accommodations by relying on Congress's enumerated power to regulate interstate commerce; Heart of Atlanta Motel v United States; Olmstead v L.C. |
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suspended use of literacy tests, allowed federal election examiners and observers, and required affected state and local governments to receive approval from the national government before making changes in their electoral systems |
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the taking of private property for public use such as a highway, but they require that property owners be compensated |
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strategic lawsuit against public participation; private lawsuits against citizens speaking or writing about government-related business |
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