Chapter 2 Flashcards

1
Q

Constitution

A

A basic law of a nation. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can be either written or unwritten

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2
Q

Declaration of independence

A

the document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence

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3
Q

Natural Rights

A

rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to the theories about government of English philosopher John Locke, and was widely accepted among Founding Fathers of America. Thomas Jefferson echoed echoed the language of Locke in drafting the Declaration of Independence

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4
Q

Consent of the governed

A

according to John Locke, the required basis for government. The Declaration of Independence reflects the view of Lock that governments derive their authority from the consent of the governed

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5
Q

Limited government

A

the idea that certain things are out of bounds for government because of the natural rights of citizens. Limited government was central to the philosophy of John Locke in the seventeenth century, and it contrasted sharply with the prevailing view of the divine right of monarchs

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6
Q

Articles of Confederation

A

the first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures

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7
Q

Rebellion of Shay

A

a series of attacks of courthouses by a small band of farmers led by revolutionary war Captain Daniel Shays to block foreclosure proceedings

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8
Q

U.S. Constitution

A

the document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

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9
Q

Factions

A

interest groups arising form the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. The parties of today or interest groups are what Madison had in mind when he warned of the instability in government caused by factions

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10
Q

New Jersey Plan

A

the proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the population of state

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11
Q

Virginia Plan

A

the proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to the share of that state of the U.S. population

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12
Q

Connecticut Compromise

A

the compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a share of state of the U.S. population, and the Senate, in which each state has two representatives

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13
Q

Writ of Habeas Corpus

A

a court order requiring jailers to explain to a judge why they are holding a prisoner in custody

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14
Q

Separation of powers

A

an important part of the Madisonian model that requires each of the three branches of government - executive, legislative, and judicial - to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions

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15
Q

Checks and balances

A

an important part of the Madisonian model designed to limit the power of government by requiring that power be balanced among the different governmental institutions. These institutions continually check activities of one another. This system reflects the goal of Madison of setting power against power

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16
Q

republic

A

a form of government that derives its power, directly or indirectly, from the people. Those chosen to govern are accountable to those whom they govern. In contrast to a direct democracy, in which people themselves make laws, in a republic the people select representatives who makes the laws

17
Q

federalists

A

supporters of the U.S. Constitutions at the time the states were contemplating its adoption.

18
Q

Anti-Federalists

A

opponents of the American Constitution at the time when the states were contemplating its adoption. They argues that the Constitution was a class-based document, that it would erode fundamental liberties, and that it would weaken the power of the states

19
Q

Federalist Papers

A

a collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution in detail. Collectively, these papers are second only to the U.S. Constitution in characterizing the intents of framers

20
Q

Bill of Rights

A

the first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer

21
Q

Equal Rights Amendment

A

a constitutional amendment originally introduced in 1923 and passed by Congress in 1972 and sent to the state legislatures for ratification, stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Despite substantial public support and an extended deadline, the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

22
Q

Marbury vs. Madison

A

the 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the power of Court of judicial review over acts of Congress, in the case the Judiciary Act of 1789

23
Q

Judicial Review

A

the power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison