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| a body of principles and rules either explicitly stated in, or inferred from, the U.S. Constitution and those of the individual states. |
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| a system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas. |
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| residual power of states to protect healthy, welfare, safety and morals of citizens. |
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| Doctrine of Implied Powers |
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| powers not stated in the Constitution but which are necessary for Congress to carry out other, expressly granted powers |
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| power of the federal government to prevent states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject. |
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| the division of governmental power among the legislative, executive, and judicial branches. |
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| division among governmental branches so that each brand acts as a check on the other two, thereby maintaining a balance of power among the three branches. |
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| a legal doctrine that exempts some members of the executive branch from having to disclose information in situations where nondisclosure is deemed necessary to the discharge of executive responsibilities. |
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| a legal doctrine that exempts the President of the U.S. from being criminally prosecuted or from being civilly sued for actions taken as President. |
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| a self-imposed restraint that judges exercise to avoid political confrontations and having to decide controversial issues. |
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| a real and active controversy that is appropriate for judicial resolution. |
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| requirement that a potential litigant have a sufficient stake in the outcome of the case before being accepted as a party in the case. |
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| requirement that the courts not attempt to settle a controversy prematurely, before all the issues have been fully developed. |
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| Political Question Doctrine |
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| practice of not deciding cases in situations where their resolution is committed to another branch of government or because those issues are not capable of judicial resolution. |
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| first ten amendments to the U.S. Constitution. |
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| a court-imposed requirement that most constitutional protections apply only if a governmental entity is involved. |
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| includes a group of First Amendment provisions designed to protect people's ability to inform and influence others. |
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| use of spoken words to communicate information |
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| use of physical actions, rather than spoken or written works, to express a point of view. |
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| advertising that communicates information about nature, availability, and prices for various commercial products and services. |
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| written and pictorial materials relating to sexual activities that are not protected by the First Amendment. |
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| a form of communication that involves the expression of hared for, or violence against, a specific minority group or other protected class of people. |
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| Penalty Enhancement Statute |
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| a law that provides for a stiffer penalty in situations of race, religion, color, disability, sexual orientation, nation origin, or ancestry. |
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| a group of tests or standards that have been developed for determining whether the First Amendment prohibits government action based on balancing the benefits of free expression against other legitimate and important government interests. |
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| Clear and Present Danger Test |
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| used by judges in which the courts will limit right of free expression when the challenged actions create a "clear and present danger" that they will bring about substantive evils that government has a right to prevent. |
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| Time and Place Restrictions |
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| governmental restrictions that limit when and where free expression activities can take place or require that a permit be obtained in advanced. |
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| a court-imposed requirement that government regulations of free expression not be based on the viewpoint being expressed or the identity of the speaker. |
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| requirement that even if a law properly prohibits certain types of activities, it will be struck down if it is written in such a way as to also prohibit other activities that are constitutionally protected. |
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| Void for Vagueness Doctrine |
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| requirement that a law imposing a criminal penalty must be invalidated if it does not fairly inform a person of what is commanded or prohibited. |
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| requirement that courts invalidate laws that are written in such a way as to lead to self-censorship because people cannot determine the legality of their actions before they undertake First Amendment activities. |
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| Establishment of Religion Clause |
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| a clause in the First Amendment that restricts the types of actions government can take to recognize and support religious groups and religious principles. |
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| Free Exercise of Religion Clause |
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| a clause in the First Amendment that prohibits government from taking actions to prevent people from adopting any type of religious beliefs or following religious practices that do not violate general, religiously neutral laws. |
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| requirement that governments follow certain procedures when seeking to deprive people of life, liberty, or property. |
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| requirement that governments not deprive anyone of life, liberty, or property where the law being violated is found to be arbitrary or unreasonable. |
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| action taken by government and private entities to increase the number of people in selected demographic groups attend particular schools, being employed in specific corporations or fields of endeavor, or participating in various activities. |
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