Chapter 2: The Constitution And The Founding Flashcards
A political system in which the powers of the government are restricted to prevent tyranny by protecting property and individual rights
Limited government
A form of government in which the interests of the people are represented through elected leaders
Republican democracy
A form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election
Monarchy
As understood by James Madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government
Republicanism
Sent to the states for ratification in 1777, these were the first attempt at a new American government. It was later decided that they restricted national government too much, and they were replaced by the constitution.
Articles of confederation
The idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders
Consent or the governed
Also known as “unalienable rights”, the Declaration of Independence defines them as “Life, Liberty, and the pursuit of Happiness.” The founders believed that upholding these rights should be the government’s central purpose
Natural Rights
A series of 85 articles written by Alexander Hamilton, James Madison, and John Jay that sought to sway the public opinion towards the Federalists’ position
Federalist Papers
Those at the constitutional convention who favored a strong national government and a system of separated powers
Federalists
Those at the constitutional convention who favored strong state governments and feared that a strong central government would be a threat to individual rights
Antifederalists
The idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possesses total control
Pluralism
A plan proposed by the larger states during the constitutional convention that based representation in the national legislature on population. The plan also included a variety of other proposals to strengthen the national government
Virginia Plan
In response to the Virginia plan, smaller states at the constitutional convention proposed that each state should receive equal representation in the national legislature, regardless of size
New Jersey Plan
A compromise between the large and small states, proposed by Connecticut, in which congress would have two houses: a senate with two legislators per state and a House of Representatives in which each stat’s representation would be based on population (also known as the Connecticut compromise)
Great compromise
A system of government in which legislature and executive power are closely joined. The legislature (parliament) selects the chief executive (prime minister) who forms the cabinet form members of the parliament
Parliamentary system
As defined in the tenth amendment, powers that are not given to the national government by the constitution, or not prohibited by the states, are reserved by the states or the people
Reserved powers
Part of article VI, Section 2, of the constitution stating that the constitution and the laws and treaties of the United States are the “supreme law of the land,” meaning national laws take precedence over state laws if the two conflict
National supremacy clause
The states’ decision during the constitutional convention to count each slave as three-fifths of a person in a states’ population for the purposes of determining the number of house members and the distribution of taxes
Three-fifths compromise
The first ten amendments to the constitution; they protect individual rights and liberties
Bill of rights
Part of article 1, section 8’ of the constitution that grants congress the power to pass all laws related to one of its expressed powers; also known as the elastic clause
Necessary and proper clause
A negative or checking power over the other branches that allows congress to remove the president, Vice President, or other “ officers of the United States” (including federal judges) for abuses of power
Impeachment
The constitutional power of congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding
Power of the purse
The Supreme Court’s power to strike down a law or executive action that it finds unconstitutional.
Judicial review
Part of article 2, section 1, the constitution of the United States, “ the executive power shall be vested in a president of the United States of America.” This broad statement has been used to justify many assertions of presidential power
Executive powers clause
Part of article 1, section 8, of the constitution that gives congress “the power to regulate commerce… Among the several states.” The supreme court’s interpretation of this clause has varied, but today it serves as the basis for much of Congress’s legislation.
Commerce clause
Powers explicitly granted to congress, the president, or the Supreme Court int the first three articles of the constitution. Examples include Congress’s power to “raise and support armies” and the president’s power as commander in chief
Enumerated powers
Powers supported by the constitution that are not expressly stated in it
Implied powers
A significant change in the constitution that may be accomplished either through amendments (as after the civil war) or shifts in the Supreme Court’s interpretation of the constitution (as in the new deal era)
Constitutional revolution
