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John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History
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The Constitution, an overview
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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Preamble http://www.countrygoldusa.com/preamble.asp
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The Articles There are seven articles to the constitution. They are listed in order here: Federal government Legislative Executive Judiciary Elections Political Parties Subdivisions http://www.usconstitution.net/const.html
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A government where intervention in personal liberties and the economy is not usually allowed by law. Limited Government Limited Government = Liberty and Private Property
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Popular Sovereignty the principle that the government is created by and subject to the will of the people who hold all political authority and is politically independent from all other nations.
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Separation of Powers The political doctrine under which the executive, legislative, and judicial branches of government are kept distinct to prevent abuse of power.
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Checks and Balances The powers of one branch can be challenged by another branch.
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Judicial Review The court’s power to review, and possibly nullify, laws and governmental acts that violate the constitution and higher norms. It is generally the final word by a governmental institution on a law’s validity. http://www.cic.nyu.edu/peacebuilding/oldpdfs/E23SummaryConstitutional%20Court%20Judicial%20ReviewAHaq.pdf
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Federalism A system of government in which power is divided between a central authority and smaller political units. Dictionary.com
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Natural Rights Life, liberty, and the pursuit of happiness.
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Marbury v. Madison Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. Murbury was appointed because when the Constitution conflicts with an act of the legislature, that act is invalid. This case establishes the Supreme Court's power of judicial review.
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Writ of Mandamus A document commanding a lower government agency by a higher powered government or court.
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Ought versus Shall
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Introducing an Amendment
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Ratifying amendments
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Commerce Clause
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Informal amending of the Constitution
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Bill of Rights The composition of the first ten amendments to the United States Constitution. Amendment I: The right to freedom of speech, religion, press, assemble, and petition. Amendment II: The right for a state to have a well regulated militia and the right of the people to keep and bear arms. Amendment III: No soldier is to be quartered in any house without the consent of the owner.
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Bill of Rights Amendment IV: No place shall be searched and no persons or property shall be taken without a warrant describing the exact place that will be searched or the people or things that will be taken Amendment V: No person shall be held to answer for a crime without due process of law. No person shall a person be tried twice for the same act on the same set of facts (Double Jeopardy). Nor shall a person be tried as a witness against himself, nor deprived of life, liberty, and property, without due process of law; nor shall private property be taken for public use without just compensation.
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Bill of Rights Amendment VI: The accused shall enjoy the right to a fair and speedy trial within the state and district where the crime was committed. The defendant is to be clearly informed of the nature and course of his/her charges in order to perform a reasonable preparation of a defense. Amendment VII: Unless the evidence is overwhelming civil cases have the right to a trial by jury, and no fact tried by a jury, shall be re- examined in any court of the United States.
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Bill of Rights Amendment VIII: The punishment shall fit the crime. Cruel and unusual punishment shall not be permitted. (torture) Amendment IX: Protects all rights of the people not specifically mentioned in the constitution. Amendment X: All powers not specifically stated in the constitution are up to the states do decide as law or not. (Right to abortion)
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