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| Congress may not in any way alter the qualifications of its members from the exclusive list given in the Constitution (age, length of citizenship, and inhabitant of state where elected). Therefore, "excluding" a Congressman by a two-thirds majority vote is not allowed although the Constitution allows expulsion by a two-thirds vote. |
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| Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits (JUDICIAL REVIEW SUCKA) |
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| Regents of the UNiversity of California v. Bakke |
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| The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional. The Supreme Court wrote a decision that gave two rulings on the case, upheld affirmative action plans for minorities and that was based on the equal protection clause of the 14th Amendment |
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| Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in collection and disbursement of the revenue. Because federal laws have supremacy over state laws, Maryland had no power to interfere with the bank's operation by taxing it. Power to tax is power to destroy |
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| the disclosure to the public or to authorities, usually by an employee, of wrongdoing in a company or government department |
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| A Connecticut law criminalizing the use of contraceptives violated the right marital privacy |
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| state governments are not bound by the Fifth Amendment's requirement for just compensation in cases of eminent domain |
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| State laws that established separate public schools for black and white students denied black children equal educational opportunities. It stated that "separate educational facilities are inherently unequal." As a result, dejure racial segregation was a violation of the Equal Protection Clause of the Fourteenth Amendment of the UNited States Constitution |
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| Texas law making it a crime to assist a woman to get an abortion violated her due process rights. U.S. District Court for the Northern District of Texas affirmed in part, reversed in part. |
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| the Constitution requires that members of the House of Reps be selected by districts composed, as nearly as is practicable, of equal population. Gerrymandering is not good. 1 man 1 vote. |
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| the new york law was found invalid due to the Commerce Clause of the Constitution. The interstate commerce clause designated power to Congress to regulate interstate commerce |
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| grant for which Congress appropriates funds for a specific purpose |
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| though the 14th Amendment prohibits states from infriging free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of COmmunist pamphlets |
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| the reapportionment of state legislative districts is not a political question, and is justiciable by the federal courts. Equal representation for all peoples within a state legislature. |
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| the fourth amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes constitutionally obtained evidence from use in criminal prosecutions. process of issuing warrants established |
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| the government's interest in preserving the flag as a symbol did not outweigh the individual right to disparage that symbol through expressive conduct |
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| the Sixth Amendment right to counsel is a fundamental right applied to the states via the Fourteenth Amendment's due process clause, and requires that indigent criminal defendents be provided at trial. Established bad tendency test. IN FORMA PAUPERIS |
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| although the power of the Supreme COurt to overturn state convictions is limited to the enforcement of the FOurteenth Amendment due process rights, the COurt may formulate rules of evidence in the exercise of its "supervisory power" over the administration of federal criminal justice that go well beyond due process requirements. Justice Felix Frankfurter emphasized that the police should have a -probable cause-. ARRAIGNMENT CANNOT BE DELAYED |
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| key Supreme Court ruling on the power of the president, finding that there is no absolute constitutional privilege to allow a president to refuse to comply with a court order to produce information needed in a criminal trial. |
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| the Fifth Amendment priviledge against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney |
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| where a police investigation begins to focus on a particular suspect who has been refused counsel and not Mirandized, his statements to police are excluded |
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| the First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. Eighth Circuit reversed and remanded |
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| obscene materials are defined as those that the average person, applying contemporary community standards, find, as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and that, taken as a whole, lack serious literary, artistic, political or scientific value. STANDARD ON PORN AND ART |
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| reversed by the 11th Amendment. Permitted a citizen to sue a state in federal Court. |
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| possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity |
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| the theory that holds that Article II confers on the president the power and the duty to take whatever actions are deemed necessary in the national interest, unless prohibited by the Constitution or law |
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| a criminal prohibition against burning draft cards did not violate the First Amendment, because its effect on speech was only incidental, and it was justified by the significant government interest in maintaining an efficient and effective military draft system. NOT ALL CONDUCT CAN BE IDENTIFIED AS SPEECH. |
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| school officials are state agents when enforcing disciplinary rules mandated by law. officials may search without a warrant using reasonable suspicion of a violation of the law or school rules |
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| Hazelwood School District v. Kuhlmeier |
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| Court held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection that independent student expression or newspapers established (by policy or practice) as forums for student expression |
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| at least four judges of the Supreme Court must vote to consider a case before it can be heard |
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| defendant's criticism of the draft was not protected by the First Amendment, because it created a clear and present danger to the enlistment and recruiting practices of the US armed forces during a state of war. |
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| speech that poses a "clear and present danger" to the public government will not be protected under the First Amendment. Freedoms may have restrictions |
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| judicial interpretation of the fifth and fourteenth amendment's due process clause that protects citizens from arbitrary or unjust laws |
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| a bill or proposal that needs to be attached to a larger bill |
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| a right promised by the 5th and 14th amendments to the constitution. says that all men are to be granted a certain "due process" before being deprived of their life, liberty, or property |
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| the active refusal to obey certain laws, demands and commands of a government, or of an occupying power, without resorting to physical violence. Gandhi, Jesus, MLK |
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| provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students |
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| citizenship by birthright |
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| false written statements or written statements tending to call someone's reputation into disrepute |
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| the right of senators and reps to send job related mail without paying postage |
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| broad grant with few strings attached; given to states by the federal government for specified adcitvities, such as secondary education or health services |
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| the relationship between the central government of a nation of a nation and that of its states, where powers and policy assignments of the government are less distinct and more open to interpretation from one another |
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| a command, indicated by an electorate's votes, for the elected officials to carry out their platforms |
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| takes complaints from citizens, victims wronged by government agencies |
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| those who favored strong state government and a weak national government; opposed the ratification of the US Constitution |
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| an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action |
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| racial discrimination that results from practice (such as housing patterns/neighborhoods or other social factors) rather than law |
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| racial segregatio that is a direct result of low or official policy |
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| those who favored a stronger national government and supported the proposed US Constitution |
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| a government structure that gives each of the three branches of government some degree of oversight and control over the actions of others |
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| if Congress adjourns during the ten days the president has to consider a bill passed by both houses of Congress, without the president's signature, the bill is considered vetoed |
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| right to have an attorney privided in a criminal case |
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| the theory that holds that Article II confers on the president the power and the duty to take whatever actions are deemed necessary in the national interest, unless prohibited by the Constitution or law |
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| forbids that a defendant be tried twice for the same crime on the same set of facts, expressed in the 5th amendment |
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| untrue spoken statements that defame the character of a person |
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| a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him/her of the charges against him or her |
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| the relationship between the central government of a nation and that of its states, where the powers and policy assignments of the government hierarchy are clearly spelled out and distinct |
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| founded the United Farm Workers and struggled to win higher wages and benefits for workers |
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| issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Used by Marbury in the case of Marbury v Madison in order to force Madison to make his appointment |
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| an executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime |
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| a United States federal law that required the registration of Communist organizations with the United States Attorney General and established the Subversive Activities Control Board to investigate the persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist |
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| one of several reps who keep keeps close contact with all members and takes nose counts on key notes, prepares summaries of bills, and in general acts as communications links within the party. Assists the speaker in the assurance of party unity |
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| Southern Christian Leadership Convention. Founded in 1957, by Martin Luther King Jr and others, the SCLC was based on non-violence and CHristian principles. It rested its institutional foundation on the black churches in the South |
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| Necessary and Proper (Elastic) Clause |
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| final paragraph of Article I, section 8 of the US Constitution which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution. |
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| working groups created to facilitate coordination of policy making and implementation across a host of governmental agencies |
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| Article IV of the Constitution |
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| the States and the Federal Government: the federal government must protect the states. The Federal Government must guarantee to each state a "Republican" form of government |
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| executive departments directed by law to foster and promote interests of a specific segment or group |
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| a type of government where the national government derives its powers from the states; a league of independent states |
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| a way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the president, and the federal courts are selected by and responsible to different constituencies. Governed by checks and balances |
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| a portion of Article VI of the US Constitution mandating that national law is supreme (supercedes) all other laws passed by the states or by any other subdivision of the government |
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| government-directed prayer in public schools, even if it is denominationally neutral and non-mandatory, violates the Establishment Clase of the First Amendment |
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| a 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel SHays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgages on their farms. Contributed to the movement for a new constitution by raising fear of anarchy and disorder in the new republic |
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| section of the 14th Amendment that guarantees that all citizens receive "equal protection of the laws". Prevents states from denying civil rights |
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| philosophy that describes the governmental system created by the Framers. Reagan's New Federalism saw aggressive tax cutting and widespread deregulation. Cooperative federalism in the New Deal saw various levels of government as one entity. Nixon's "new federalism" of the 1970s allowed for across the board tax cutting |
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| political and social protest campaign in 1955 in Montgomery, Alabama intended to oppose the city's policy of racial segregation on its public transit system |
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