The Constitution Flashcards
Democracy
A style of government where power comes from the consent of the governed. Originated in Athens, Greece between (750 B.C. and 550 B.C.)
Republic
Originating from Ancient Rome, elected officials are voted into office to represent the views of others. Also known as representative democracy.
Writ of Habeas Corpus
An order stating that accused individuals must be brought before a court when accused of a crime. The court must be presented with evidence in order to convict any individual of a crime. Prevents the government from arresting and imprisoning individuals without a fair trial.
Enlightenment
The philosophical movement in Europe that encourage logic and reason to find solutions to political issues. These philosophers (John Locke, Baron de Montesquieu, Jean-Jacques Rousseau, and Voltaire) heavily influenced democratic governments in Europe and the United States.
Social Contract
A dynamic describe by Enlightenment philosophers declaring that government’s power is derived from the people and that the government’s main goal is to protect the natural rights of its citizens. The people have a right to replace any government that fails to live up to these responsibilities.
English Bill of Rights
A document created by the English Parliament after a long power struggle with the monarchy that placed limits on the power of the king and established protected for the rights of individuals.
John Peter Zenger Trial
1735 court case that helped to later establish freedom of the press in the United States after a German immigrant (Zenger) was tried for exposing the corruption of a government official in the paper. Zenger was found innocent, under the context of freedom of expression, since what he had printed was true.
Mayflower Compact
1620 document that the colonists signed when first arriving at the new world. It stated that the colonists would be ruled by a government they created. This was one of the first steps towards self-government.
House of Burgesses
One of the 1st law making bodies in the colonies that helped to establish the concept of representative government and self-rule.
Separation of Powers
The government is divided into three branches, legislative, executive and judicial. Designed to prevent a small group of people from having too much power. Branches keep each other in check.
Articles of Confederation
The first constitution of the United States after the American Revolution was won. Created a weak national government and gave too much power to the states. The colonists feared to give too much power to the national government based on their experiences with the British monarchy. Eventually, this document would be replaced by the Constitution.
Constitutional Convention
55 delegates representing all states except Rhode Island met in Philadelphia, PA in 1787 to fix the Articles of Confederation. Ultimately, the Articles would be replaced by a brand new Constitution.
The Great Compromise
Also known as the Connecticut Plan, this created a bicameral legislature where one house (the Senate) would provide equal representation for all states and the other house (the House of Representatives) would grant representation based on each state’s population.
Three-Fifths Compromise
Three-fifths of every slave would be counted for the purposes of congressional representation in each state.
Commerce Compromise
Compromise stating that no export duties could be passed by Congress and that slavery could not be outlawed for the next 20 years.
Presidency Compromise
a four year term for the presidency was established along with the Electoral College, which would select the president indirectily.
Federalists
called for ratification of the new Constitution and supported the creation of a strong national government.
Anti-Federalists
Opposed ratification of the new Constitution and called for increased states and individual rights.
The Federalist Papers
Pro-Ratification papers created by Alexander Hamilton to convince Americans to support the ratification of the new Constitution.
Bill of Rights
The first ten amendments of the Constitution that protect the basic natural rights all citizens are entitled to.
Preamble to the Constitution
The introduction to the Constitution that outlines the reasons why it was created. These include creating a country that is safe, just and protects its citizens and their natural rights.
Popular Sovereignty
The concept that the government’s power is derived from the people and their democratic voice.
Federal System
The division of power between the national and state government.
Checks and Balances
Each branch of government has a way to check or control decisions made by the other branches. This prevents one branch from gaining too much power.
The Elastic Clause
Congress can make all laws that are “necessary and proper” for carrying out tasks in the Constitution.
The Amendment Process
The Constitution can be formally changed if the alteration is approved by both Congress and the states.
Judicial Interpretation
The Supreme Court and other lower Federal Courts have the power to review laws in order to determine if they conflict with the Constitution.
Unwritten Constitution
Actions, decisions, customs and traditions followed by the branches of government that are not formally written in the Constitution. This allows for flexibility.
Supremacy Clause
Declares that Federal laws supersede state laws when disputes occur.
Delegated Powers
Powers that the National government have and that are spelled out in the Constitution.
Implied Powers
Powers of the national government that are not specifically stated in the Constitution but are implied. For example, child labor laws are not written in the Constitution but they are implied as a responsibility of the national government since its the national government’s responsibility to regulate interstate commerce.
Denied Powers
Powers that are denied to the national government (like the power to tax on exports.) Certain powers are also denied to the states, like the power to coin money. The denial of someone’s right to vote would be denied to both the national and state governments.
Concurrent Powers
The power that belongs to both the national and state governments, such as the power to tax.
Reserved Powers
All powers not given to the national government and also not denied to the states belong to the states
Filibuster
When a Senator talks for an unlimited amount of time to prevent legislation from being passed.
1st Amendment
Guarantees freedom of religion, speech, and of the press; the right to assemble peacefully; and the right to petition the government.
2nd Amendment
Protects the right to possess firearms
3rd Amendment
Declares that the government may not require people to house soldiers during peacetime.
4th Amendment
Protects people from unreasonable searches and seizures.
5th Amendment
Includes protection against self-incrimination and double jeopardy; guarantees due process of law.
6th Amendment
Guarantees the rights to a speedy, public trial, to confront witnesses, and to legal counsel.
7th Amendment
Guarantees the rights to trial by jury in most civil cases.
8th Amendment
Prohibits excessive bail, fines, and cruel and unusual punishments
9th Amendment
Declares that rights not mentioned in the Constitution belong to the people
10th Amendment
Declares that powers not given to the national government belong to the states and to the people.
