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How is the Constitution amended? What is ratification? |
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Definition
2/3 of the Senate and 2/3 of the House. 3/4 of states |
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How many amendments does the Constitution have? |
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Definition
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What is the Bill of Rights? What is its purpose? |
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Definition
first 10 amendments that guarantee civil liberties and civil rights of people. |
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Definition
freedom of speech, religion, press, assembly, petition |
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Term
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right to bear arms. so ability to form a militia. restrictions: no machine guns, not for carry on, towns/state have restrictions |
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search and seizure. must have a warrant: but if find something not on warrant than cant take it, but sticky with cars. must have probable cause |
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rights of the accused. "i plead the fifth." eminent domain. double jeapordy. |
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seize property for public good |
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Term
What is self-incrimination? |
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Definition
statements, usually made under oath, suggesting that the person speaking is guilty of a crime |
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a document issued by a judge that authorizes law enforcement officers to carry out a search, seizure of evidence, or arrest |
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Definition
reasonable suspicion of criminal behavior |
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the prosecution of a person a second time for a crime in which the defendant has already been tried once and found non guilty, prohibited under the Fifth Amendment |
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right to a fair trial with a jury of your peers |
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a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged |
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Definition
a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial |
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right to a civil trial, usually monetary, anything above $8000, need an attorney in California |
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bail and punishment, death penalty must fit the crime |
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Term
What is cruel and unusual punishment? |
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Definition
the punishment must match the crime |
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Definition
Rights retained by the people, offers protection for unenumerated rights |
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Term
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Definition
states' rights: if not written down Federally, the states can write about it individually |
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Term
What article is the President created under? |
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Definition
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Term
What are the president's roles? |
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Definition
Commander-in-chief, head of state, chief legislature, chief diplomat, appointing supreme court justices, appointing ambassadors, signing treaties, pardons |
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Term
Who approves the Supreme Court Justices, ambassadors, and treaties? |
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Definition
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Term
Who elects the president? |
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Definition
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Term
Who chooses the President if the Electoral College cannot? |
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Definition
house of representatives. Senate chooses the VP |
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Term
What are the requirements to be president? |
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Definition
35 years old, born in the US, lived in the US for 14 years |
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Term
What is the president's cabinet? What is their role? |
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Definition
The cabinet are the heads of the executive departments of the federal government. Appointed by the president |
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Term
What veto powers does the president have? |
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Definition
veto, do nothing, pocket veto |
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Term
What article was Congress created under? |
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Definition
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Term
What is the elastic clause? What is the necessary and proper clause? |
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Definition
"we as the government have the right to make all laws necessary and proper for carrying out its duties" |
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Term
How many members are in the House of R? Senate? |
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Definition
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Term
What is the upper house? Lower house? |
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Definition
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Term
How old do you need to be in the House of R? Senate? |
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Definition
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Term
What is the minimum number of House of R members each state can have? |
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Definition
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Term
How many senators does each state have? |
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Definition
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Term
How many electors in the Electoral College does each state have? |
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Definition
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Term
Who presides over the House of R? Senate (and when he/she is gone?) |
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Definition
Speaker of the House. VP, president pro temp |
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Term
The Tenth Amendment says that all power not given to Congress goes to whom? |
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Definition
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Term
Who impeaches government officials? Who presides over the hearing? |
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Definition
House of R. Chief Justice in Senate (2/3 vote needed) |
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Term
Where do revenue or money bills begin? What vote number is needed? |
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Definition
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Term
What is needed to pass a law? What is needed to override a presidential veto? |
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Definition
majority in both houses. 2/3 in both houses |
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Term
What article is the Judiciary Branch created under? |
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Definition
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Term
What is the Judiciary function? |
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Definition
Judicial review, review cases if they violate people's rights, appellate |
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Term
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Definition
review a law if it's constitutional or not |
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Term
What is the term of office for a Supreme Court justice? |
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Definition
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Term
Who appoints a justice if there is a vacancy? Who approves these appointments? |
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Definition
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Term
What is their job in impeachments? |
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Definition
Preside over the trial in the Senate |
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Term
What is their original jurisdiction? |
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Definition
Ambassadors and if a state is involved |
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Term
When was the Constitution written? When was it approved? Who wrote it? |
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Definition
1787. 1788. James Madison |
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Term
What was the New Jersey Plan? |
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Definition
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Term
What was the Virginia Plan? |
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Definition
population representation |
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Term
What was the Great Compromise? |
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Definition
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Term
What are checks and balances? |
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Definition
a system in which each branch of government can limit the power of the other branches |
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Term
What check does the executive branch have on the legislative branch? |
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Definition
can approve or veto bills, call special sessions of Congress, and recommend legislation |
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Term
What check does the executive branch have on the judicial branch? |
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Definition
can nominate Supreme Court justices and federal judges |
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Term
What check does the legislative branch have on the executive branch? |
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Definition
can override presidential vetoes, approve or reject presidential appointments and treaties, and impeach and try the president |
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Term
What check does the legislative branch have on the judicial branch? |
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Definition
can approve or reject nomination of federal judges, create lower courts, and remove justices through impeachment |
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Term
What check does the judicial branch have on the executive branch? |
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Definition
can declare treaties and executive acts unconstitutional. appointments are for life, and judges are free from executive control |
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Term
What check does the judicial branch have on the legislative branch? |
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Definition
can declare laws unconstitutional |
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Term
How many branches are in the government? |
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Definition
3: executive, judicial, legislative |
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Term
What is separation of powers? |
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Definition
the idea that the powers of a government should be between two or more strongly independent branches to prevent any one person or group from gaining too much power |
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Term
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Definition
a political system in which power is divided between a central government and smaller regional governments. checks and balance, separation of powers |
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Term
What is treason? What counts as treason? |
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Definition
"levying war against them, or in adhering to their enemies, giving them aid and comfort" |
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Term
What were the weaknesses to the Article of Confederation? |
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Definition
no taxation, no regulating interstate commerce, one house congress, 9 out of 13 needed to pass a law, no executive branch to enforce laws, no court system to settle disputes, all 13 states needed to amend, money issued by states, states could ignore laws created by congress, states loosely joined |
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