Final Flashcards by Sydney Perry

In this case, the Supreme Court found that a law requiring compulsory education in public schools violated the concept of substantive due process.

Pierce v. Society of Sisters (1925)

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Each branch of government has distinct powers that checks, or limits, the power of the other branches of government.

Checks and Balances

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It is any speech for business purposes. It often refers to advertising but it can be any speech for business purposes.

Commercial Speech

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Confirmation Process: put in order

___ Floor vote is then taken and the nomination is approved or defeated
___ President nominates
___ Full Senate debates the nomination
___ Senate committee examines the nominee

4
1
3
2

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One criticism of the Miranda Rule is that is sometimes it allows_______

guilty people go free

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Does the military draft violate the 13th Amendment?

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It states that the accused has a right to question, or confront, the accuser.

Confrontation Clause

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A very powerful committee in the House of Representatives that is headed by the Speaker of the House. It decides which bills in the House reach the floor for consideration.

House Rules Committee

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What are the Formal Qualifications to be President?

1) Natural born citizen,
2) 35 years of age, and
3) resident within the U.S. for at least 14 years.

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What case has to do with the preamble not legally binding?

Jacobson v. Massachusetts, 1905

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Major political parties have held national conventions to nominate candidates for the presidency. Neither the Constitution nor any law provides for this—IT IS A TRADITION AND CUSTOM!

Presidential Nominations

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What are the post Civil War Amendments?

13, 14, 15

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This amendment ended slavery and involuntary servitude after the Civil War.

13th Amendment

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The Supreme Court struck down a law that made abortion a crime except when necessary to save the life of the mother. The Court ruled that privacy rights include a woman’s decision whether or not to terminate her pregnancy.

Roe v. Wade (1973)

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What allows police to seize items in a car if in plain view if it is illegal.

Plain view Doctrine

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The ____Amendment forbids the use of writs of assistance.

4th

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What amendment has gun ownership a Constitutionally protected individual right?

Second Amendment

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They are appointed by the President and the Senate must confirm. The Senate Judiciary Committee holds hearings on the nominee. They can only be removed from office through impeachment and conviction.

Federal Judges

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Historically the office of the vice presidency has been seen as an office of _____ importance.

little

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The Supreme Court claimed for itself the power of judicial review. That power is not specifically mentioned in the Constitution but exists because of this landmark decision!

Marbury v. Madison (1803)

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It is a closed meeting of the members of each party in each house. The meetings are held just before Congress convenes in January and occasionally during a legislative session.

Party Caucus

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Carrying a picket sign or wearing an armband to protest a war or burning a flag in protest of government policies are examples of this.

Symbolic Speech

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What amendment guarantees against self-incrimination in this crucial Constitutional amendment.

5th Amendment

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Tried twice for the same crime.

Double Jeopardy

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It is the sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time. It is usually set in accordance with the severity of the crime and with the reputation and financial resources of the accused.

Bail

The right to assemble is a constitutionally protected ___Amendment right.

First

The Supreme Court has ruled that this is legal as long as law enforcement gets a search warrant first.

Wiretapping

They are blanket search warrants used to search private homes. During colonial times, British customs officials invaded private homes to search for smuggled goods.

Writs of Assistance

The Confrontation Clause is a fundamental right found in the _____Amendment to the Constitution.

Sixth

If the president doesn’t sign or veto a bill within _____ (excluding Sundays) the bill becomes law without his signature.

10 days

This amendment states that rights exist beyond those listed in the Constitution.

9th Amendment

It favors those in Congress with experience. It is a custom that gives the most important jobs in Congress to members who have served the longest.

Congressional Seniority Rule

Congress can override the presidential veto by a ____ vote of each house.

2/3

They are top advisors to the president.

Presidential Cabinet

What does Article I have to do with?

Legislative

How many members does the House and Senate have?

House- 435 | Senate- 100

It allows each state, along with its local governments, to guard the safety, health, and welfare of citizens. For example, regulating the gambling industry would fall under this.

Police Powers

Congressional Powers to Investigate: One of the main reasons (there are five) Congress carries out investigations is to oversee the _______.

Executive branch

The Supreme Court found a “right to privacy” in the penumbras of the Bill of Rights, which included the First, Third, Fourth, Fifth, and Ninth Amendments. In doing so the Court invalidated a Connecticut law that did not permit the purchase of contraceptives.

Griswold v. Connecticut (1965)

What Amendment lowered the voting age to 18 because of the Vietnam War.

26th Amendment

Evidence gained as a result of an illegal act by the police cannot be used at the trial of the person from whom it was seized.

Exclusionary Rule

How long is a senate term?

6 years

If the vice presidency becomes vacant what happens?

1.) The president must nominate a new vice president 2.)Congress must confirm the person who was nominated.

Freedoms that the government cannot take away. Think about the fundamental rights in the Bill of Rights as examples.

Civil Liberties

It requires police to inform suspects of their constitutional rights before questioning of a suspect occurs.

Miranda Rule

It can take the form of signatures, letters to public officials, advertisements, lobbying, and parades/marches. It is constitutionally protected as long it is non-violent and does not include illegal activity.

Right to Petition the Government

Is defined as one helping enemy of one’s nation during a time of war. It is the only crime defined specifically in the Constitution and it is a capital crime.

Treason

What cases allows the second amendment to be a protected individual right?

Heller (2008) | McDonald (2010)

It is defined as a way to communicate without words.

Symbolic Speech

An example would be the president vetoing legislation to check Congressional power. Another example would be Congress overriding a presidential veto as a Congressional check on presidential power.

Checks and Balances

Voters select delegates for the national convention and/or express a preference for their party’s presidential nomination.

Presidential Primaries

A command that a prisoner be brought before the court.

Writ of Habeas Corpus

There is no case law on this amendment because housing for our all-volunteer army today is taken care of by the government.

Third Amendment

What does Article II have to do with

Executive

The first ten amendments to the Constitution.

Bill of Rights

The right of Association is protected by the ____Amendment.

First

Directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner's release.

Writ of Habeas Corpus

The investigatory power is an implied power found in __________of the Constitution.

Article 1, Section 1

To get the death penalty, there must be an element of _______ and your actions must have led to someone’s ____.

premeditation | death

To disobey a law intentionally so as to show the unfairness of a law. Those who do this must be willing to accept the consequences of their actions.

Civil Disobedience

What portion of the Constitution contains Ex Post Facto Laws?

Article I, Section 9, Clause 3

It means something that is supported by the two major parties.

Bipartisan

They are called if a serious problem arises after Congress has adjourned. They are rare.

Special Session of Congress

The Constitution gives Congress What power? Only _____crimes are specifically mentioned in the Constitution. Congress has used its implied powers to establish many more federal crimes.

to define federal crimes and set punishments for them | four

Each state has as many presidential electors as it has senators and representatives in Congress.

Presidential Electors

It is a “race to 270”. To abolish it would take away the states’ role in the choice of president.

Electoral College/Criticisms

One has this right of knowing with a group or groups without the fear of being fired from a job.

Right of Association

How long is a term for members of the U.S. House of Representatives?

2 year term

It means that the people are the only sourced of any and all authority, and government only has the authority that the people give it.

Limited Government

Police must believe that a crime was committed in order to get a search warrant in order to conduct a search.

Probable Cause

It consists of members of both houses and it can be a temporary or permanent committee.

Joint Committees

They are temporary committees formed for a specific purpose, usually investigative in nature.

Select Committees

What case says someone cant be executed under 18?

Roper v. Simmons

Supreme Court case that created the Lemon test. That test is used to decide if state aid to parochial schools amounts to an establishment of religion.

Lemon v. Kurtzman (1971)

They are meant to protect freedom of the press by allowing reporters to keep their sources confidential. Otherwise, reporters might not be able to persuade people to share information to them confidentially.

Shield Laws

Is Civil Disobedience constitutionally protected.

The government cannot imprison someone for a ______.

narcotics addiction

What case has to do with double Jeopardy?

Emmett Till

What is the Presidential Line of Succession? (5)

President, vice president, Speaker, Senate Pro Tempore, the 15 cabinet level positions in the order of creation.

Is the cabinet specifically mentioned in the Constitution?

No. Its tradition and custom

They are not explicitly stated in the Constitution, but they are inferred from the expressed powers.

Implied Congressional Powers

How do you amend the Constitution the most common and used way? This method has been used for ratification of how many of the amendments?

- 2/3 vote of both houses of Congress and ¾ vote of state legislatures - 26 of 27

What presidents thought the 22nd Amendment should be repealed and the people should determine how long a president can serve.

Truman, Eisenhower, and Reagan

What Amendment establishes rights against illegal searches and seizures without a warrant and must have probable cause. To get a search warrant police must demonstrate probable cause to a judge. There are exceptions such as searching an automobile if police have probable cause.

Fourth Amendment:

This amendment, ratified in 1951, limits the president to two (2) terms as president, or a maximum of 10 years, to keep a president from having too much power.

22nd Amendment

Both the ________Amendments contain Due Process clauses; the ___applies to the Federal Government and the ____ applies to State and local Governments.

5th and 14th | 5th and 14th

The Congress can tax individual income by virtue of the 16th Amendment.

Congressional Taxing Powers

What is amending the Constitution an example of because it involves both the state and the federal government in this process?

Amending the Constitution

What amendment does not permit troops to quarter in private homes during peace time and only under special circumstances prescribed by law in war time.

Third Amendment

There are currently how many cabinet level positions.

One must get a permit to assemble on public grounds. But these guidelines must be content neutral, or the government cannot regulate on the basis of what might be said.

Time, Place, Manner Guidelines on Speech

States must have a minimum of ____ representatives in Congress (__ Senators and __ Congressman).

three | 2, 1

Only Congress can declare war. This law was passed to limit the President’s war making powers after the Vietnam War.

War Powers Resolution of 1973

Does compulsory work in prison violate the 13th Amendment?

If not person receives a majority of the electoral votes for president, the _________ chooses the president.

House of Representatives

The president has various options with bills that reach his desk. He can reject, a bill. This is called a ______

Presidential Veto Power

True or False: If a protest turns violent, the police have every right under their authority to stop the protest.

True

How many Senators representing the entire state does each state have?.

Each state has 2 U.S Senators.

What case did the Miranda rule come from

Miranda v. Arizona (1966)

What Amendment prohibits cruel and unusual punishment?

8th

Capital punishment is still constitutional but there are some exceptions. For example, the government cannot execute someone who is ________

under 18

It is the introduction to the Constitution. It begins with the concept of popular sovereignty with the words, “We the People” but it is not legally binding

Preamble

The Constitution prohibits Congress and the states from enacting laws that are applied to acts committed before the laws were passed. (Remember the yellow VW Bug example!)

Ex Post Facto Laws

Protections granted by the government.

Civil Rights

All of these articles deal with the structure of the federal government.

Articles I, II, and III

The Supreme Court has ruled that most—but not all—of the protections in the Bill of Rights are covered under the _______of the 14th Amendment.

Due Process Clause

A temporary joint committee of the two houses of Congress that seeks to iron out differences and come up with a compromise version of a bill before it is sent to the president.

Conference Committees

Because the airways are public property, TV and radio require a license. Licenses are granted by the Federal Communications Commission (FCC) and they can ban the use of ______ and refuse to renew a station’s license.

Obscene Speech

During WWI, he was convicted of harming the war effort by encouraging men to resist the draft. The Supreme Court upheld his conviction under the Espionage Act. The court ruled that words can be weapons and can create a “clear and present danger”.

Schenk v. United States (1919):

What does Article III have to do with?

Judicial

Petitioning the government is a fundamental ____ Amendment right

First