Unit 1.22 Flashcards
Limited Gov’t
A gov’t that is subject to strict limits on it’s lawful uses of power and hence on its ability to deprive people of the liberty
Consent of the Governed
An agreement by the people of a nation to subject themselves to the authority of a government
Separation of Powers
A feature of the Constitution that requires each of the three branches of government executive, judicial, Legislative, to be relatively independent of the others so that one cannot control the others
Checks and Balances
Features of the Constitution that limit government’s power by requiring that power be balanced among the different gov’t institutions. These gov’t institutions continually check one another’s activities
Judicial Review
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the Constitution.
Marbury vs Madison
The 1803 case in which Chief Justice John Marshall and his associates FIRST asserted the right of the Supreme Court to determine the meaning of the Constitution, establishing the Court’s power of Judicial review over acts of Congress
New Jersey plan
The proposal at the Constitutional convention that called for equal representation of each state in Congress regardless of the states population.
Virginia plan
The proposal at the Constitutional convention that called for representation of each state in Congress in proportion to that state’s share of the US population.
Great Connecticut Compromise
The compromise reached at the constitutional convention that established two houses of Congress the House of Representatives, in which representation is based on the states share of the US population; and the Senate, in which each state has two representatives.
Writ of Habeas Corpus
A court order requiring jailers to explain to a judge why they’re holding a prisoner in custody
Bill of Attainder
n 1. (Law) (formerly) a legislative act finding a person guilty without trial of treason or felony and declaring him attainted. (prohibited by constitution)
Ex Post Facto Law
A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of ex post facto law.
Articles of Confederation
• First constitution of the United States • adopted 1777 enacted in 1781 • established a national legislator the Continental Congress but most authority rested with the state legislators • lack of strong national government
US Constitution
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of US government and the task these institutions perform. replace the articles of Confederation
Separation of powers
A feature of the Constitution that requires each of the three branches of government executive legislative and judicial- to be relatively independent of the others so that one cannot control the others. Power is shared
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to DEFEND the Constitution in detail.
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Federalists
Supporters of the U.S. Constitution at the time the states were thinking its adoption. (STRONG CENTRAL GOV’T)
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Anti- Federalists
Opponents of the U.S. Constitution at the time when the states were contemplating its adoption. (NO STRONG CENTRAL GOV’T)
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Republic
Form of gov’t in which ppl. select representatives to govern them and make laws
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Ratify (Amendment)
sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
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Amendment
Changes in, or additions to, the US Constitution. Amendments are propsed by a 2/3 vote of both houses of Congress or by a convention called by Congres at the request of 2/3 of the state legislatures and ratified by approval of 3/4 of the states
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Federal Government
Union of states under a central government; national government and then state governments
Legislative Branch
The Congress
House of Representatives and Senate.
CREATES LAWS
Exectutive Branch
The President and VP
Responsible for implementing, supporting, and enforcing the laws made by the legislative branch
Judicial Branch
The Courts
Interpreting the laws passed by the legislative branch
Bill of Rights
The first ten amendments to the U.S. Constiution, drafted in response to some of the Anti-federalist concerns. Define basic liberties such as freedom of speech
Equal RIghts Amendment
Amendment passed by Congress in 1972 that failed to be ratified by the states. It stated “equality of rights shall not be denied or abridged by the US or by any state on account of sex.”