Chapter 3: The Constitution Flashcards
Advice and consent
the senate’s authority to approve or reject the president’s top appointments and negotiated treaties
anti-federalists
individuals who opposed ratification of the constitution because they were deeply suspicious of the powers it gave to the national government and of the impact those powers would have on states’ authority and individual freedoms
articles of confederation*
a document drafted in 1777 establishing a union of independent states that agreed to work together for mutual wellbeing
bicameral legislature
legislature comprising two parts, called chambers
bill of rights
the first 10 amendments to the constitution, which were ratified in 1791, constituting an enumeration of the individual liberties with which the government is forbidden to interfere
checks and balances
a system in which each branch of government can monitor and limit the functions of the other branches
confederation
a union of independent states in which each state retains its sovereignty, that is, its the ultimate power to govern, and agrees to work collaboratively on matters the states expressly agree to delegate to a central governing body
connecticut compromise/great compromise
the compromise between the Virginia Plan and the New Jersey Plan that created a bicameral legislature with one chamber’s representation based on population and the other chamber having two members for each state
constitution
the fundamental principles of a government and the basic structures and procedures by which the government operates to fulfill those principles; may be written or unwritten
dual sovereignty
a system of government in which ultimate governing authority is divided between two levels of government, a central government and regional governments, with each level having ultimate authority over different policy matters
electoral college
the name given to the body of representatives elected by voters in each state to elect the president and the vice president
Federalist No.10*
The federalist paper in which James Madison details how the republic government created by the constitution would ensure that many views would be heard and that a majority could not trample the rights of the numerical minority
Federalist No.51*
The federalist paper in which James Madison addressed how the US constitution would protect state power and limit federal power through checks and balances and separation of powers
The Federalist Papers
a series of essays, written by James Madison, Alexander Hamilton, and John Jay, that argued for the ratification of the constitution
federalists
individuals who supported the new constitution as presented by the constitutional convention in 1787
judicial review
court authority to determine that an action taken by any government official or governing body violates or does not violate the constitution; est by the supreme court in the 1803 Marbury v. Madison case
Marbury v. Madison*
the 1803 Supreme Court case that established the power of judicial review, which allows the court to strike down laws passed by the other branches that it views to be in conflict with the constitution
natural rights
The rights possessed by all humans as a gift from nature, or God, including the rights to life, liberty, and the pursuit of happiness (also called unalienable rights).
New jersey plan
The proposal presented in response to the Virginia Plan by the less populous states at the Constitutional Convention, which called for a unicameral national legislature in which all states would have an equal voice (equal representation), an executive office composed of several people elected by Congress, and a Supreme Court whose members would be appointed by the executive office.
republic
A government that derives its authority from the people and in which citizens elect government officials to represent them in the processes by which laws are made; a representative democracy.
separation of powers
The Constitution’s delegation of authority for the primary governing functions among three branches of government so that no one group of government officials controls all the governing functions.
supremacy clause
A clause in Article VI of the Constitution that states that the Constitution and the treaties and laws created by the national government in compliance with the Constitution are the supreme law of the land.
three-Fifths Compromise
The negotiated agreement by the delegates to the Constitutional Convention to count each slave as three-fifths of a free man for the purpose of representation and taxes.
unicameral legislature
a legislative body with a single chamber
U.S. Constitution*
The document that established the framework for the government of the United States as a republic with separation of powers, and checks and balances.
veto
The president’s rejection of a bill, which is sent back to Congress with the president’s objections noted.
virginia plan
The new governmental structure proposed by the Virginia delegation to the Constitutional Convention, which consisted of a bicameral legislature (Congress), an executive elected by the legislature, and a separate national judiciary; state representation in Congress would be proportional, based on state population; the people would elect members to the lower house, and members of the lower house would elect the members of the upper house.
