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Government review

Terms

undefined, object
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Self-Incrimination
"No person can be compelled in any criminal case to be a witness against themselves"
Direct Tax
a tax that must be paid by the person on whom it is levied
Exclusionary Rule
evidence gained as the result of an illegal act by police, can't be used against the person from when it was seized
prior restraint
the const. allows the gov't to punish some utterances after they have been made, but they can't base any restraint on spoken or written words before they are uttered
Concurrent Jurisdiction
these cases may be tried in either a federal or state court ---they share power to hear these cases
What is the word Bureaucracy often associated with
a large complex administrative body
plaintiffs
the part who initiates suits
separation of powers
constitution distributes the powers of the national gov't among the congress
what is gerrymandering
practice of drawing electoral district lines in order to limit the voting strength of a particular group or party against the law
democracy
supreme political authority rests with the people, the people hold the sovereign power and gov't is conducted only by and with the consent of the people
What is the prime function of the judicial branch
apply and interperate laws
checks and balances
each branch is checked in the constitution by the powers of the other branches, each branch has certain powers with which it can check the operations, and balance the power of the other 2 branches
federalism
division of powers among central gov't a several regional gov't
What are Reserved powers
powers held by the states, in a federal gov't
Indictment
is the formal complaint laid b4 a grand jury by the prosecuter and it charges the accused with one or more crimes
Double Jeopardy
once a person has been tried for a crime, he or she can't be tried again for the same crime
What are inherent powers
those that belong to the national gov't because it's the national gov't of a sovereign state in a world community
direct democracy
pure democracy where the people vote and that becomes public policy
civil rights
positive acts of gov't that seek to make const. guarantees a reality for all
What are delegated powers
national gov't is a gov't of delegated powers, meaning that it only has those powers granted to it by the const.
Dictatorship
those who rule can't be held responsible to the will of the people, the leader has absolute power
Rule of law
gov't and it's officers are always subject to the law, they are never above it
Cabinet
executive departments
What is the "Supremacy Clause"
"This const. shall be the supreme law of the land"-
what is plurality
largest # of votes cast for the office
Grand Jury
This is the formal device by which a person can be accused of a serious crime
Sales Tax
a tax paid by the purchaser on the sale of commodities
what are implied powers
those powers that aren't expressively stated in the const., but are reasonably implied by these powers that are stated
What are exclusive powers
those powers that can be exercised only by the federal gov't
Clear and Present Danger rule
states that words can be outlawed, and those who utter them can be punished when the words they use trigger an immediate danger
Separation of church and state
establishment clause- this sets up a "wall of separation between church and state"
what are Concurrent Powers
those powers that both the federal & state gov'ts possess, and exercise such as the power to collect taxes and set criminal law
Equal Protection clause
gov't must treat everyobe as equals
Jus Sanguinis
a child born abroad to an american citizen and someone who has lived in the U.S at somepoint in time
Property Tax
a tax levied on 1) real property 2) personal property
What is jurisdiction
power of a court to try and decide a case
Ex Post Facto Laws
1)Criminal law, 1 defining a crime or providing for its punishment, 2)Applied to an act commited before it's passage, 3)A law that works to the disadvantage of the accused
Executive action
the way presidents have used their powers, and have produced a # of important informal amendments
What are public policies
all the things a gov't decides to do
Patent
a license issued to an inventor
Legal Tender
any kind of money that a creditor must by law accept in payment for debts
What is "elastic clause"
the const. gives "necessary & proper" power to congress specifically
Jus soli
anyone born in the U.S., D.C., Puerto Rico, Guam, U.S. Virgin Islands, American Embassey, or sea vessel
Income Tax
a tax levied in individual and corporate income
symbolic speech
people communicating ideas by conduct
What is a Gov't
A select group of people elected to make a stronger country, and keep it running
defendants
party who must defend against the complaint
civil liberties
guaranteed safeties of persons, opinions, and property from the arbitrary acts of gov't
habeas corpus
prevents unjust arrests and punishments
Define sovereignty
supreme and absolute power within a territory
Establishment clause
in the 1st amendment prohibits either the establishment of a religion or the sanctioning of an existing religion by the gov't
executive agreement
a pact made by the president directly with the head aof a foreign state, they're legally binding
popular sovereignty
all political power belongs to the people, people are the only source of gov't power
Define state
is a body of people living in a defined area that are organized politically, and with the power to make and enforce laws without higher gov't authority
judicial review
power to decide whether , what the gov't does is in accordance with what the constitution provides
Why does a Gov't exist
to keep national order, and keep peace among the states and other countries
Copyright
the exclusive, legal right of a person to reproduce, publish, or sell his or her own literacy, musical, or art creation
Bail
a 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
Appellate Jurisdiction
a court that hears a case on appeal from a lower court has appellate jurisdiction
Indirect tax
a tax levied on one party but passed on to another for payment
Free exercise clause
in the 1st amendment guaranteeing to each person the right to believe whatever that person chooses in matters of religion
Constitutionalism
idea that the gov't must be conducted according to the constitution's principles
Preventive Detention
a person may be held w/o bail in the most sorrows of circum. and if the judge feels that there is a high likelihood of the person committing another crime
What is cooperative federalism
2 areas federal and local need to get along while also maintaining their integrity and being cooperative and getting what their people need to have
representative democracy
a small group of people chosen by the people to act as their representative expressing the popular will
What is an Informal Amendment
the porcess by which many changes came to the constitution, but isn't changed in written word
What is the function of counties
administ. of state law and county laws that the state allows them to make
what is franchise
the right to vote
Burden of Proof
the defense never has to prove his or her innocence
Exclusive Jurisdiction
these cases can only be heard in federal courts
Bill of Attainder
a legis. act that inflicts punishment w/o trial
What are expressed powers
these powers delegated to the national gov'ts spelled out in words in the const
Bankruptcy
court action to release a person or corp from unpaid debts
limited gov't
the idea that gov't isn't all-powerful, that may do only those things that people have given it power to do
Original Jurisdiction
a court in which a case is heard 1st is said to have original jurisdiction

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