(The Constitution 1.2) Flashcards
An Economic Interpretation of the Constitution
(Charles Beard) argues that the structure of the Constitution of the United States was motivated primarily by the economic interests of the Founding Fathers
Amendment process
two-thirds majority vote in both the Senate and the House of Representatives and then bill must get three-fourths of the states
Anti-federalism
oppose the ratification (passage) of the new federal Constitution
Articles of Confederation (strengths/weaknesses)
NO control NO executive NO federal judiciary NO control over tax Was system of GOV
Bicameral legislature
legislators are divided into two separate assemblies
Bill of Attainder
an item of legislation (prohibited by the US Constitution) that inflicts attainder without judicial process
Bill of Rights
first ten amendments to the US Constitution guaranteeing rights
Checks and balances
counterbalancing influences by which an organization or system is regulated
Coalition
an alliance for combined action
Confederate system
loose relationship among a number of smaller political units (majority of political power rests with local governments)
Constitutional Convention
gathering for the purpose of writing a new constitution or revising an existing constitution
Declaration of Independence
formal statement declaring the freedom of the thirteen American colonies from Great Britain
Electoral college
body of people representing the states who formally cast votes for the election of the president and vice president
Ex Post Facto law
a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law
Executive agreement
an international agreement made by the executive branch of the US government without ratification by the Senate
Faction
group in legislature or political party acting together in pursuit of a special interest
Federal system
system where power is divided between a central authority and constituent political units
Federalist #10
Madison defended the Constitution by saying one faction won’t take all the power (fear of most)
Federalist #51
Madison writes The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments
Federalist #78
Hamilton says the Judicial branch of government is given the least amount of power
Great Compromise
(Connecticut Compromise or Sherman’s Compromise) defined the legislative structure and representation that each state would have
Habeas Corpus
a writ requiring a person under arrest to be brought before a judge or into court and to secure the person’s release unless lawful grounds are shown
Judicial review
court can review an administrative action by a public body
Madisonian model
distributing the powers of the federal government, creating a system of checks and balances, and limiting the control the majority factions held over the government
New Jersey Plan
favored small states (equal # of reps for each state)
Ratification
official way to confirm something
Republic
state in which supreme power is held by the people and their elected representatives
Separation of powers
an act of vesting the legislative, executive, and judicial powers of government in separate bodies
Shays’ Rebellion
Farmers in western Massachusetts rebelled against tax they could not afford
Unalienable
impossible to take away or give up
Unitary system
central government is supreme and governed as a single entity
Unicameral legislature
one legislative or parliamentary chamber
Virginia Plan
plan of representation based on population
3/5 Compromise
slave would count as 3/5 of a person in terms of both taxation and representation
Writ of Mandamus
order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion
Marbury v. Madison
a certain law passed by Congress should not be enforced, because the law was opposed to the Constitution
