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- Creates the Congress, the presidency, and the Supreme Court.
- 27 Amendments 1-10 are the Bill of Rights, only 17 amendments have been ratified since 1791.
Separation of Powers
The doctrine that holds that the legislative, executive, and judicial branch of the government function independent of one anther ND that each branch serves s a check on the others.
A term used to describe the vertical aspect of he separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap, is called federalism.
Article VI of the U. S. Constitution, which states that the institution, laws, and treaties of the United States shall be the "supreme law of the land" and shall take precedence over conflicting state laws.
A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.
The constitutional provision that prohibits states from enacting laws that interfere with existing contracts. The Supreme court has refused to interpret this clause in a absolute manner.
Freedom of Religion
Establishment clause/ free exercise clause- guarantee freedom of religion through the separation of church and state.
Freedom of Speech
Covers both verbal and written communications.
With the exception of child pornography, very little material is prohibited in the U.S. as legally obscene.
FCC/ Federal Communications Commission
Has the power to restrict certain speech.
A principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action.
Freedom of Press
The publishing business is the only organized private business given explicit constitutional protection.
A principle applicable under the freedom of press and speech clauses of the First Amendment of the U. S. Constitution. The courts have announced decisions that encourage governments to allow the publications or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression.
The publication of anything injurious to the good name or reputation of another.
The recovery of damages as a result of printed defamation of character.
The state of mind that accompanies the intentional doing of a wrongful act without justification or excuse.
Knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not.
The Forth Amendment:
Due process clause
Equal protection clause
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.: nor shall any state deprive any person of life, liberty or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws."
Fundamental fairness. As applied to judicial proceedings, adequate notice of a hearing and an opportunity to appear and defend in an orderly tribunal.
Requires all citizens to be treated in an similar manner by the government unless there is a sufficient justification for the unequal treatment.
A legal test used by the courts to test validity of government actions. The government needs t demonstrate that there is a good reason for the government's actions.
A legal test used by the courts to test validity of government actions. The government needs to demonstrate that there is a compelling state interest justifying the government's actions.
A legal test used by the courts to test validity of government actions. The government needs to demonstrate that the purpose of the action is substantially related to an important government objection.
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