chapter 4 ap gov and court cases – Flashcards
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Miranda v Arizona-who
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Ernesto Miranda
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Miranda v Arizona- what/ case summary
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Ernesto Miranda was charged with rape kidnapping and robbery, after a woman identified him in a line- up and was interrogated for 2 hours. By the end, Miranda confessed to the crimes and was convicted of rape and kidnapping which sentenced 20-30 years in prison. He appealed to the Arizona supreme court claiming that the police had unconstitutionally obtained his confession because they didn't list him his rights.
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Miranda v Arizona- when
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1966
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Miranda v Arizona- violated amendments
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5th and 6th amendments
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Miranda v Arizona- result
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5:4 decision in Miranda's favor and ruled that the prosecutor could not use Miranda's confession as evidence in his criminal trial because the police that interrogated him did not inform him of his rights.
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Miranda v Arizona- significance
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Because of this case, the Miranda rights were created which forces police officers to list the criminals rights at the time of the arrest.
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McCulloch v Maryland- who
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James W. McCulloch and Maryland
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McCulloch v Maryland- what
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tax on bank papers for out of state operations.
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McCulloch v Maryland- when
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1819
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McCulloch v Maryland- amendment challenged
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10th amendment
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McCulloch v Maryland- case summary
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Maryland enacted a law imposing a tax on all banks operating in Maryland not chartered by the states. The law provided that all of these banks were prohibited from issuing bank notes except upon stamped paper issued by the state. This law set forth the fees to be paid for the paper.
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McCulloch v Maryland- result
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McCulloch won with a 7:0 vote in the court
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McCulloch v Maryland- significance
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McCulloch v Maryland is one of the first and most significant cases dealing with federal power.
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Roe v Wade- who
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Jane Roe (Norma L. McCorvey) and Henry Wade
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Roe v Wade- what
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Roe had an abortion in her first trimester. The courts beforehand had not established abortion laws yet. The federal law said that the states did not have the right to forbid the right.
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Roe v Wade- when
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January 22, 1973 in Texas
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Roe v Wade- amendment challenged
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4th, 9th, 14th
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Roe v Wade- case summary
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Norma McCorvey filed a lawsuit claiming that a Texas law criminalizing most abortions violated her constitutional rights. These stated laws made it a crime to obtain or attempt an abortion except to save the life of the mother. Even though her life was not in danger, she still saw the need for an abortion. She did not have the money to get the abortion in a different state to get an abortion so she went against the law and got the abortion anyhow. Henry Wade brought her to the supreme court.
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Roe v Wade- significance
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Abortion was legalized in all states. At first McCorvey was for abortion and wanted that but after she fully understood what abortion was, she was against it.
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Roe v Wade- result
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Roe won and abortion was legalized. Abortion was now safer and more accessible
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Bush v Gore- who
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George W Bush
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Bush v Gore- what
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were the recounts as they were being conducted constitutional?
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Bush v Gore- when
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December 12th, 2000
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Bush v Gore- amendment challenged
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14th amendment
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Bush v Gore- case summary
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The presidential election between Gore and Bush was so close that Gore only lost by a couple hundred votes. The democratic party asked for a recount of the last state to send in their votes which was Florida. The republican party said that this was not fair because the recount was only honored to just half of the districts.
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Bush v Gore- result
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the court ruled by a 5:4 decision in favor of Bush
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Bush v Gore- significance
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This case sets a precedence on how recounts work
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Plessy v Ferguson- who
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Homer Plessy and Justice John H. Ferguson
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Plessy v Ferguson- what
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Can the states use segregated facilities if they are separate but equal?
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Plessy v Ferguson- when
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1896
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Plessy v Ferguson- amendment challenged
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14th amendment
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Plessy v Ferguson- case summary
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Plessy refused to get in the back of a railroad car, he was arrested. He pleaded that black and white people shoul dbe able to use the same facilies without discrimination. The court stated that although the 14th amendment was designed to enforce the equality it was not intended to abolish distinctions based on color.
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Plessy v Ferguson- result
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Plessy lost because the facilities were segregated by race but equal in quality by the courts standards which was constitutional. the court came to a decision that segregation is not necessarily discrimination
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Plessy v Ferguson- significance
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The U.S. supreme court ruled that racially separate facilities, if equal, are constitutional.
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Brown v Board of education- who
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Topeka, Kansas School Board and Oliver Brown
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Brown v Board of Education- what
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Racial segregation in schools and how they weren't equal
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Brown v Board of Education- when
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1954
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Brown v Board of Education- amendment challenged
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14th amendment
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Brown v Board of Education- case summary
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Oliver Brown was a parent whos son was not allowed to go to an all white school which was right near their house. He was forced to cross train tracks and walk a hike to get to an all black school. He pleaded that the citys black and white schools were not equal to each other. The federal district court said that schools were substantially equal. Brown then appealed to the Supreme court.
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Brown v Board of Education- result
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The supreme court decided that segregation in schools was unconstitutional. Warren Court ruled that the doctrine of separate but equal was unconstitutional in all cases.
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Brown v Board of Education- significance
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This case is one of the most famous court cases in American history for the unjust racial segregation in public schools being brought to the attention of the courts. Segregation was declared unconstitutional and integrated schooling became mandatory.
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United States v Nixon- who
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President Richard M. Nixon
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United States v Nixon- what
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Accused of breaking the 5th amendment by withholding governmental tapes.
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United States v Nixon- when
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1972-1974
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United States v Nixon- amendment challenged
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5th amendment
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United States v Nixon- case summary
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Five men were arrested for burglary. There was suspicion that Nixon had some sort of relation to these burglers, like they worked to reelect Nixon. Nixon although denied any relation to these men, and soon after these 5 men were convicted. It was then realized that some of the top members of Nixons committee were involved in the burglaries and recordings were then found of Nixon in the Oval Office. Some segments were missing so Nixon was again questioned, and he refused to give them up so he was brought to the Supreme court.
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United States v Nixon- result
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Nixon was told to turn in the missing tapes and it was decided that the government is never above the law. Nixon lost in a 8:0 vote in the court and therefore he resigned before he was impeached. Soon after, President Ford dropped all charges on Nixon's behalf.
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United States v Nixon- significance
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Nixon would have been impeached but he resigned beforehand. This resulted in the first and only president to resign from office in the United States. His resignation led to Ford becoming president and he was told to ban any other foreign assassinations.
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Mapp v Ohio- who
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Dollree Mapp and the State of Ohio
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Mapp v Ohio- what
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Whether the evidence during searches and seizures conducted in violation of the 4th amendment shall be admissible in state court
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Mapp v Ohio-when
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1961
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Mapp v Ohio- amendment challenged
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4th and 14th
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Mapp v Ohio- case summary
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Police went to Dollree Mapp's House on suspicion of a bomb and asked her if they could search her house. She refused so they came back with a fake warrant and searched the house. Instead of finding a bomb, they found pornographic material and charged her with that. She said the evidence cannot be used since it was found illegally.
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Mapp v Ohio- result
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Mapp won 6:3 in the court
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Mapp v Ohio- significance
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It placed the requirement of excluding illegally obtained evidence from court at all levels of government unconstitutional. They had to reevaluate the role of the 14th amendment as it applied to judicial systems.
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Gregg v Georgia- who
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Gregg and the state of Georgia
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Gregg v Georgia- what
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Involves cruel and unusual punishments.
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Gregg v Georgia- when
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1976
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Greg v Georgia- amendment challenged
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8th and 14th
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Gregg v Georgia- case summary
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Gregg was arrested for armed robbery and was convicted of a double murder. He was given the death sentence which is not usually a punishment for only being sure of robbery. The furman case before this, the death penalty was considered unconstitutional because it was cruel and unusual. The Georgia court revisited this and made it a mandatory action that the death penalty could not be imposed unless the facts were absolute.
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Gregg v Georgia- result
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This act of capital punishment was called constitutional because it was not given in a cruel way- lethal injection.
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Gregg- v Georgia- significance
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In the Furman case 4 years earlier, the death penalty was called unconstitutional. In this case, it was called constitutional unless it was cruel.
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Marbury v Madison- who
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William Marbury and James Madison
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Marbury v Madison- what/ case summary
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Previous president John Adams appointed new people for different jobs in government, but they weren't all affirmed/ the paper work wasn't finished by the time new president Thomas Jefferson came into power. Jefferson did not follow through with these job commissions because they were not set down when he came to power. William Marbury was issued the commission of as justice of the peace, but secretary of state, James Madison refused to deliver it. Marbury sued and brought this to the supreme court because he said this was unconstitutional.
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Marbury v Madison- when
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1803
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Marbury v Madison- result
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William Marbury filed a writ demanding James Madison deliver the appointments. Supreme Court led by John Marshall denied the request.
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Marbury v Madison- significance
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This case was arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution.
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Feiner v New York- who
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Irving Feiner v the State of New York
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Feiner v New York- what
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Feiner was preaching and caused a riot; he was asked to stop but refused and was arrested.
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Feiner v New York- when
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1951
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Feiner v New York- amendment challenged
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1st amendment
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Feiner v New York- case summary
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Feiner was speaking at first to no one criticizing the current president. A crowd gathered because they were interested in what he was saying. Eventually the people in the crowd began to argue and verbally fight. One man pressed an insult/ threat towards Feiner telling him to leave or he would be killed. Two police officers were overlooking this riot that was becoming. The crowd eventually made passerby's walk into the road since the sidewalk was all closed off with people. Feiner was arrested after being asked by the police officers to stop twice.
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Feiner v New York- result
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The Court ruled that Feiner's arrest did not hamper his right to free speech. He was sentenced to 20 days in jail.
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Feiner v New York- significance
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The supreme court now could balance clear and present danger against free speech rights, in upholding Feiners conviction.
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What is federalism?
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Federalism is the separation of powers between the federal government and all the state governments; the separation of power between the federal state and local
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what is the supreme law of the land?
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the constitution
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what are concurrent powers
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those that both the national gov and the states possess and exercise (both)
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reserved powers
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the powers held by the states in the federal system. Those powers not given to the national gov. (states)
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implied powers
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those that are not expressly stated in the constitution but are reasonably implied by those powers that are (not stated)
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expressed powers
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those delegated to the national gov in so many words- spelled out expressly in the constitution (federal gov)
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delegated powers
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this is what the national gov is- it only has those powers granted to it in the constitution- 3 types exist; expressed, implied, and inherent
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inherent powers
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those that belong to the national gov (national gov)
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right to declare war
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expressed powers
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conduct elections
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reserved powers
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issue drivers licenses
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reserved powers
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print money
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expressed powers
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regulate trade between the states
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expressed powers
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establish local governments
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reserved powers
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ratify amendments to the constitution
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reserved powers
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build roads
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concurrent powers
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make laws
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concurrent powers
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establish building codes
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concurrent powers
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power to regulate immigration
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inherent powers
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power to acquire territory
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inherent powers
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regulation of labor management relations
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implied powers
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hydroelectric dam building
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implied powers
