Chapter 2- The Constitution Flashcards
Advice and Consent
Two thirds majority of the Senate that just approve treaties and presidential appointments.
Articles of Confederation
Early predecessor of the constitution, that was ratified in March 1781. (4 years after it was drafted).
Had to be ratified by all 13 states.
Bicameral legislature
A bicameral legislature is a system within government where there are two elected houses.
In most colonies, the upper house was appointed by the governor and consisted largely of aristocrats. The lower house was appointed by the people, AKA white male property owners.
Bill of attainder.
Legislative act imposing punishment on a party without the benefit of a trial in a court of law.
Ex post facto
A law that retroactively criminalizes some action that was not a crime when it was committed.
Electoral college
The group of elected delegates from the states who confirm the president.
The bill of rights
The first amendments to the constitution. Granted most do the rights that we now consider inalienable.
Boston tea party.
An event caused by revolutionaries dumping a shipment of tea in to Boston harbor to protest high taxes.
Habeas corpus
Means by which an individual could challenge and, if successful, escape unlawful confinement. Article I section 9.
Checks and balances
The system by which the parts of government can override each others decisions. These provisions were designed to create a perpetual competition between congress and the executive branch for control of the government, with the expectation that neither institution would permanently dominate the other.
Tyranny of the majority.
When a popular majority can gain control of both congress and the presidency and thereby dominate government. Term limits tie in with checks and balances and tyranny of the majority.
Common law
Something which is accepted by everyone despite no actual law recognizing it as such. Also the traditional law of England.
Mayflower compact
The first agreement for self-government in America. Before arrival at Plymouth, 41 male passengers signed. Foreshadowed adoption of constitution.
Court-packing plan
Proposed by Roosevelt 1937. Would authorize president to appoint one new justice to Supreme Court for each current justice over 70 years old.
Democratization
The process by which the U.S. government has become more democratic than it was designed to be. Amendments and interpretations. Profound change in American political culture.
Direct democracy
Rejected by delegates. Concept where masses were involved in government.
Distributive articles
First three articles of constitution. Defined executive, legislative and judicial branches. Divided powers across three independent coequal branches. Separation of powers.
Necessary and proper clause.
Article I section 8. Allows congress to “make all laws which shall be necessary or proper for carrying in to execution.” All the powers vested by the constitution. Gave congress much of its lawmaking power.
Divided party government.
When one part controls congress and the other controls the presidency.
Due process of law
Legal procedures that must be observed before government can deprive individual of life, liberty or property.
Equal protection.
All citizens have equal right to protections of law.
Sovereign immunity
11th amendment. Limit power of federal government ot invade sovereign immunity of state government. Prevention of being sued in court without consent.
First continental congress
In Philadelphia 1774. Boycotted English goods.
Malapportionment
When governmental districts are drawn unequally in population.
One person, one vote
Reynolds V. Simms 1964. Verdict handed down required districts to be redrawn to be equal in population. Caused reapportionment.
New Jersey and Virginia plans.
New Jersey called for preserving congress as it was under articles of confederation. Virginia plan was conceived by Madison, called for bicameral congress, where representation in both houses would be decide by population.
Original jurisdiction
If something is prosecuted in one jurisdiction, it can not be tried in another. Article 3 section 2.
Police power
States have authority to enact laws regulating economic activity for purpose of public health, safety, and welfare.
Poll tax
Method of voter suppression used to keep the poor from voting.
Eliminated by 24th amendment.
Protective tariffs.
A charge imposed on a product being imported to a state.
In addition to raising money, purpose is to protect domestic producers by increasing price of imported goods.
Shays’ rebellion
Massachusetts 1786. Angry mob of farmers marched on state courthouse. Galvanized dissatisfaction with articles of confederation.
Second continental congress
May 1775. When U.S.A. Decided to raise army to oppose British.
Also opened channels with European powers to get military support.
Stamp act
March 1765. Started to raise money to pay off British war debt. Forced colonials to pay for stamps.
Writ of mandamus
Order from a court ordering a government official to fulfill their duties.
