Chapter 02 - The Constitution Flashcards
Articles of Confederation
A constitution drafted by the newly independent states in 1777 and ratified in 1781. It created a weak national government that could not levy taxes or regulate commerce. In 1789 it was replaced by our current constitution in order to create a stronger national government.
Unalienable
Based on nature and Providence rather than on the preferences of people
Constitutional Convention
A meeting of delegates in 1787 to revise the Articles of Confederation, which produced a totally new constitution still in use today
Shays’s Rebellion
A rebellion led by Daniel Shays and other ex-Revolution War soldiers and officers to prevent foreclosures of farms as a result of high interest rates and taxes. The revolt highlighted the weaknesses of the Confederation and bolstered support for a stronger national government
Great Compromise
A compromise at the Constitutional Convention in 1787 that reconciled the interests of small and large states by allowing the former to predominate in the Senate and the latter in the House. Under the agreement each state received two representatives in the Senate, regardless of size, but was allotted representatives on the basis of population in the House
Republic
A form of democracy in which power is vested in representatives selected by means of popular competitive elections
Judicial review
The power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null & void
Checks and balances
The power of the legislative, executive, and judicial branches of government to block some acts by the other two branches.
Federalism
A political system in which ultimate authority is shared between a central government and state or regional governments.
Separation of powers
A principle of American government whereby constitutional authority is shared by three separate branches of government - the legislative, executive, and the judicial.
Faction
According to James Madison, a group to influence public policy is contrary to the public good.
Federalists
Supporters of a strong central government who advocated ratification of the Constitution. After ratification they founded a political party supporting a strong executive and Alexander Hamilton’s economic policies.
Antifederalists
Opponents of a strong central government who campaigned against ratification of the Constitution in favor of a confederation of largely independent states. They successfully marshaled public support for a federal bill of rights. After ratification, they formed a political party to support states’ rights.
Federalist papers
A series of 85 essays written by Alexander Hamilton, James Madison, and John Jay (all using the name “Publius”) that were published in New York newspapers in 1787-1788 to convince New Yorkers to adopt the newly proposed Constitution. They are classics of American constitutional and political thought.
Coalition
An alliance among different interest groups (factions) or parties to achieve some political goal. An example is the coalition sometimes formed between Republicans and conservative Democrats.
Writ of habeas corpus
A Latin term meaning “you shall have the body.” A court order directing a police officer, sheriff, or warden who has a person in custody going the prisoner before a judge and show sufficient cause for his or her detention. The writ of habeas corpus was designed to prevent illegal arrests and imprisonment
Bill of attainder
A law that declares a person, without a trial, to be guilty of a crime. The state legislatures and Congress are forbidden to pass such acts by Article I of the Constitution
Ex post facto law
A Latin term meaning “after the fact”. A law that makes criminal an act that was legal when it was committed, that increases the penalty for a crime after it has been committed, or that changes the rules of evidence to make conviction easier; a retroactive criminal law. The state legislatures and Congress are forbidden to pass such laws by Article I of the Constitution.
Bill of rights
A list of individual rights and liberties, such as freedom of speech, religion, and the press.
Amendments
Changes in, or additions to, the U.S. Constitution. They are proposed by a two-thirds vote of both houses of Congress or by a convention called by a Congress at the request of two-thirds of the state legislatures and ratified by approval of three-fourths of the states.
Line-item veto
The power of an executive to veto some provisions in an appropriations bill while approving others. The president does not have the right to exercise a it and must approve or reject an entire appropriations bill.
