Chapter 5 Flashcards

1
Q

Article I Section 2 covers?

A

The set up of the the House of Representatives

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2
Q

Article I Section 3 covers?

A

The set up of the Senate

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3
Q

Article I Section 8 covers?

A

The powers of Congress

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4
Q

What are some of the powers of congress?

A

To lay and collect taxes and duties, to pay debts and provide for the common defense and general welfare of the US

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5
Q

Article II covers?

A

Sets out the powers of the President

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6
Q

What are some of the powers of the President?

A

Commander in Chief of the Army and Navy of the US, can grant reprieves and pardons for offenses against the US and can judges of the Supreme Court

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7
Q

Articles III covers?

A

Sets out the power of the judiciary

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8
Q

What are some judicial powers?

A

Judicial powers vested in one Supreme Court and other inferior courts that the Congress can ordain and establish

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9
Q

What are the 5 protections of the First Amendment?

A

Speech, Religion, Assembly, Freedom of the Press and Right to Petition the Government

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10
Q

First Amendment?

A

Protects freedom of speech but it is limited by time, place and manner

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11
Q

Why is Time, Place and Manner a limitation?

A

Prevents unreasonable means of speech.

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12
Q

II of First Amendment?

A

No Laws can support religion and no law can interfere with religious practice

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13
Q

III of First Amendment?

A

The right to assemble or for a crowd to form or get a group of people together and protest

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14
Q

IV of First Amendment?

A

Freedom of Press that gives newspapers and reporters the right to say whatever as long as it is not defamatory

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15
Q

V of the First Amendment?

A

The right to petition the government and criticize the government without going to jail

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16
Q

Fourth Amendment protects against?

A

Protects people against unreasonable searches and seizures

17
Q

What is a search and what is a seizure?

A

A search can be on a person or property and a seizure is an arrest or taking of contraband

18
Q

What is the plain view doctrine?

A

A crime is being committed in front of the police and plain view gives police probable cause

19
Q

What happens if police don’t have probable cause?

A

Evidence isn’t admissible and cannot be consider during the jury

20
Q

How do police get a warrant?

A

Go to the judge, explain circumstance and judge determines credibility of evidence and grants it

21
Q

What happens when a warrant is issued?

A

Police can search and if they find contraband, they can search further because of plain view doctrine

22
Q

Commerce Clause states?

A

Congress has the power to regulate commerce with foreign nations, among several states and with indian tribes

23
Q

What is Interstate Commerce

A

The buying or selling of goods and selling of goods across state lines

24
Q

What is Intrastate Commerce

A

The buying and selling of goods within a state

25
Q

Who regulates Intrastate Commerce?

A

Only individual states can regulate

26
Q

Purpose of Balancing Test

A

a state statute that impedes interstate commerce v the health, safety and welfare of citizens