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government should interfere with the economy as little as possible; Firms allowed to operate in a free marketplace; individualism |
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government has a large ownership of production, economic decision making, and providing economic security for individuals |
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government owns most or all major industries, and takes responsibility for overall management of the economy |
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numerical majorities determine issues of policy |
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Policies are effectively decided through power wielded by special interests (group activity) that dominate particular policy areas |
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policy is controlled by a small number of well-positioned, highly influential individuals |
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policy is controlled by well placed administrators within the government bureaucracy |
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US Supreme Court can only hear cases on appeal
Act of Congress declared unconstitutional
Marbury never got his commission |
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division of sovereignty between a national government and regional governments |
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type of government established by the articles; the state alone are sovereign |
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sovereignty is vested solely in the national government |
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-Article 6; Supremacy Clause prohibited states from imposing a tax on federal facility
-Court ruled in favor of national authority;
-Implied powers showing that the state did not have the power to tax a national bank. |
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separation of national and state authority; Certain policy areas were within the realm of the government, while others were reserved to the states |
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based on shared policy responsibilities rather than sharply divided ones |
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-Court rejected monopoly on a ferry, concluding that NY had intruded on Congress's power to regulate commerce among the states.
-Commerce is federal domain and states can not limit the exchange of goods and services |
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cruel and unusual punishment |
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separation between church and state |
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People are given certain rights in the Constitution and those shall not be interpreted to deny them to the people; is applied to the states |
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requires law enforcement officials to bring the suspect into court and to specify the legal reason for the detention; be charged with a crime or be released within a set time |
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de facto discrimination/segregation |
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based on practice or previous conditions; consequence of social economic and cultural biases and conditions |
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de jure discrimination/segregation |
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discrimination based on law as in the case of the state laws that forced black and white children to attend separate schools; embedded in the structure of the society |
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After the losing party in a lower court case request a Supreme Court hearing, and four of the nine justices agree to hear it, "this" is granted and the lower court is asked to submit a transcript of the case for the Supreme Court to review. |
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powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people. |
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government can not take action prior to your action unless conspiracy or incite to riot; Due process requires notice and hearing |
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-Article 6 of the Constitution
"the laws of the US... shall be the supreme law of the land."
-McCulloch v. Maryland: national law prevailed over conflicting state law; prohibited states from imposing tax on federal facility |
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Only Congress can regulate interstate commerce |
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added to the 14th Amendment: certain rights in the Bill of Rights become applicable through the 14th Amendment to actions by the state governments |
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Supreme Court upheld that First Amendment is protected by the Selective Incorporation clause of the Fourteenth Amendment from impairment by the states |
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Near's newspaper was shut down for libel. He appealed the shutdown on the grounds that it infringed on freedom of the press, Supreme Court ruled in his favor saying that Minnesota couldn't censor
- Prior restraint violates constitution/newspaper |
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-Supreme Court ruled that slaves could not sue for their freedom
-Courts ruled slaves were property |
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form of govt. in which the leaders claim complete dominance of all individuals and institutions |
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- "Expressed" Powers
- Powers granted to national government
- Seen in Marbury v. Madison |
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- "necessary and proper clause"
- Fed govt's constitutional authority to take action that is not expressly authorized by the Constitution but that supports actions that are so authorized.
- Seen in McCulloch v. Maryland |
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Powers that a sovereign state holds President "shall be vested"= inherent powers to president |
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same as enumerated powers- granted to national govt |
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BOR didn’t apply to the states (until after the Civil War and the 14th amendment) |
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Article I Section 10 States could no longer pass bills relieving people of debts, pass any Bill of Attainder, ex post facto Law, nor sign into a treaty |
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large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent |
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-11th Amendment
- you can sue the federal government if they exceed their authority only in federal courts and no state can sue another state in its own court |
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one person equals one vote |
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One person must equal one vote |
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1st Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" |
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Reapportionment of electoral district to disenfranchise blacks violated the Fifteenth Amendment |
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Public officials only have limited protection from libel by newspapers when the printed statements involve political issues |
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can't be charged with a crime prior to it becoming a law |
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Court ruled that Sheppard did not receive a fair trial because of the excess pretrial press publicity |
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Right to remain silent, anything said can be used in court, right to an attorney, an attorney can be provided |
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6th Amendment right to assistance of council; all must have legal representation in state trials |
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protection against unreasonable search and seizure |
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4th amendment exclusionary rule; illegally seized evidence can not be used to convict |
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equal opportunity in all aspects of job |
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racial quotas cannot be sole criterion for admission |
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-Accused of collaborating with Germans
-Court ruled that Dennis did not have 1st amendment rights if he was using right in furtherance of a conspiracy to overthrow the government |
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illegally seized evidence is invalid in court |
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illegally seized evidence okay if search was "reasonable" |
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school prayer violated the establishment clause |
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-Anything with redeeming social value must be protected
-Supreme Court redefined the Constitutional test for determining what constitutes "obscene" material unprotected by the First Amendment. |
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schools can subsidize bus transportation of students to religious schools |
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- schools could not segregate
- Separate but equal in schools is void |
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Due Process Under the Law
Equal Protection Under the Law
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What part of the 5th Amendment is not applicable to the states? |
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Privileges and Immunities Clause |
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Right to be treated the same in all states; right to travel |
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regulation of money and inflation by a central bank (fed Reserve) to control inflation and stabilize currency |
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Decisions made by president and congress relating to taxation and government spending |
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