Constituiona

77 flashcardsby Evelyn
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1
Article
section of a legal document
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Constitution
a set of rules outlining what a government can and cannot do
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Federalist
person who supported Federalism and the adoption of Constitution
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Antifederalist
person who was against the adoption of Constitution
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Compromise
a deal between two groups in which both sides give up some things they want
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Checks and balances
each branch of government can “check” or limit, the power of the other branches
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federalism
when power is shared by national and state governments
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Republicanism
a form of government where citizens are represented by elected officials
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Popular sovereignty
when the governments power comes from the consent of the people; if the government goes against the will of the people, they they have the right to change the government
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Separation of powers
the government is divided into branches. Each branch has separate and independent powers
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Limited government
when a government's power is restricted by laws in order to protect individual rights and liberties;thee laws are written in a constitution
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term
the amount of time a position can be held for;for example a presidential term
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Executive branch
the part of a government that enforces laws
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Legislative branch
the part of a government that makes a law
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Judicial branch
the part of a government that interprets laws
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Ratify
to officially approve something
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Convention
a meeting where people gather together for a common purpose
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Preamble
a documents introduction that states its purpose
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Bill of rights
the first ten amendments to the United States Constitution; it includes a list of citizens freedoms and rights as well as the limits of the government's power
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Amendment
a change or addition to a law
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Legislative Branch
makes laws
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Executive Branch
Enforces laws
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Judicial Branch
reviews laws
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Article 1
Legislative Branch
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Article 2
Executive Branch
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Article 3
Judicary Branch
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Article 4
Deals with the relationships between states
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Article 5
How to make amendments
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Article 6
National Debt and Supremacy
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Article 7
how to ratify Constitution
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Due process
right to life, liberty, and property
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Constitutional Law
deals with the interpretation & application of the United States Constitution
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Judicial Review
the Supreme Court’s ability to declare actions of government bodies unconstitutional to prevent them from being enforced
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How many judges in Supreme Court
The court has 9 justices and 1 chief justice
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How are justices nominated
Justices are nominated by the President and confirmed by the Senate
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Original Jurisdiction
they are the first courts to hear the case
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Appellate Jurisdiction
they are listening to the case because of a request for appeal (reviews decisions & can change outcomes)
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Parties
Plaintiff (petitioner) & defendant (respondent)
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Issue
the constitutional question the court is answering
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Facts
what happened in the case
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Rule of Law
what rule of law was applied by the court
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Analysis
how the court applied the rule
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Holding
the legal conclusion
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Writ of Certiorari
petition to the Sup. Court to review a lower court’s decision
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Stare decisis
“to stand by things decided” decide a case by law that has been previously rules
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Discovery
an exchange of legal information so that all sides can find out and know the facts of the case
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Amendment #1
Freedom of speech, press, religion, assembly, petition
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Amendment #2
The right to bear arms and form militias
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Amendment #3
No quartering of soldiers without the consent of the people
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Amendment #4
Government officials cannot conduct searches on houses without warrants
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Amendment #5
Right to refuse to testify against oneself, Protection against double jeopardy, Cannot face criminal punishment without due process, Have the right to remain silent - Miranda Rights
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Amendment #6
Protects rights of people against possible violations by criminal justice system, Right to a speedy, public trial
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Amendment #7
Everyone needs to do jury duty, People have the right to be tried by their peers, Right to trial by jury
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Amendment #8
Protects people against excessive bail, excessive fines, and unusual punishments
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Amendment #9
Rights in the Constitution are not all the rights Americans have
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Amendment #10
All powers not given to the federal government are reserved for the states or the people
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Amendment #11
Limits the ability of people to sue states in federal court if they are not citizens in that state
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Amendment #12
Requires members of the Electoral College to cast separate ballots for president and vice president
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Amendment #13
No more slavery, Slavery is allowed for criminal punishment
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Amendment #14 Section 1
Gives Congress the authority to protect the rights of African Americans in the South, No state should make laws that go against people’s rights, everyone born in America is a citizen
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Amendment 14 Section 2
Every resident = full person, Repealed ⅗ clause
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Amendment 14 Section 3
People engaged in rebellion/insurrection against America cannot hold public office
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Amendment 14 Section 4
fed/state govs dont need to pay debts to the Confederacy
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Amendment 14 Section 5
Allows Congress to enforce the amendments
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Amendment #15
Outlaws discrimination in voting
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Amendment #16
gives Congress the power to levy income taxes without having to base them on population
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Amendment #17
Popular Election of Senators, Senators chosen by people
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Amendment #18
Banned the making and sale of intoxicating liquors, Was repealed by Amendment #21
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Amendment #19
Allowed women to vote in elections
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Amendment #20
Specified when the terms for public offices begin/end
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Amendment #21
Repeal of Amendment #18, Can make/sell liquors
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Amendment #22
Term limits Each president is limited to two terms
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Amendment #23
DC receives the same amount of electoral votes as the least populated state
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Amendment #24
Abolition of poll taxes in federal elections
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Amendment #25
The vice president will succeed the president if the president diesesigns, Allows president to declare temporary inability to serve, VP can become acting president if the president is determined to be unable to serve
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Amendment #26
Lowered the age of voting to 18
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Amendment #27
Cannot change the salary of Congress members after a term has begun
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