Unit #2 Constitutional Underpinnings Flashcards
Articles of Confederation
America’s first framework for government; very weak national government with most of the power going to the states.
Virginia Plan
Plan proposed at the Constitutional convention by Virginia. Would have a strong central government, a bicameral (two house) legislature with representation based on population. The plan was supported by the larger states.
New Jersey Plan
Plan proposed at the Constitutional convention by New Jersey. Would give more power to the states, unicameral (one house) legislature, equal representation to the states regardless of size. This plan was supported by the smaller states.
Great Compromise
Bicameral (two house) legislature. Number of representatives based on population in one house and each state represented equally in another house. Compromise that brought together the VA and NJ plans.
Three-Fifths Compromise
When counting population for the purposes of representation and taxation, 3 out of every 5 slaves would count toward the overall population of a state.
Interstate Commerce Compromise
Congress was forbidden to take any action on the slave trade for at least 20 years.
Popular Sovereignty
principle that government authority is derived from (comes from) the people; government governs with the consent of the governed (people)
Federalism
A system of government in which power is divided between the national and state governments.
Separation of Powers
A distribution of government powers among independent branches. Each branch has a specific set of responsibilities.
Checks and Balances
Each branch of government possesses the ability to restrain certain actions of the other branches thereby maintaining a balance among the three branches of government.
Limited Government
Principle that says government can only exercise the powers that are granted to it and that the government must be conducted according to the rule of law.
Federalists
Group of people who supported ratification (approval) of the Constitution.
Federalists original position on the Bill of Rights
Did not believe that a Bill of Rights was necessary because they believed that the Constitution was sufficient to protect individual rights.
Anti-Federalists
Group of people who did not support ratification (approval) of the Constitution.
conditional ratification
many states ratified the Constitution this way, they ratified the Constitution with the understanding that a Bill of Rights would be added shortly after ratification
Amendments
changes to the Constitution, there have been 27 Amendments since the ratification of the Constitution.
Bill of Rights
First 10 Amendments to the Constitution.
Delegated Powers
Powers given to the national government that are specifically written into the Constitution. Examples: print money, declare war, make treaties, ect.
Necessary and Proper Clause
Also called the elastic clause because it stretches the coverage of the Constitution. It says that Congress has the power to make all laws that are ‘necessary and proper’ for carrying out the powers in the Constitution.
Implied Powers
Powers exercised by the national government under the Necessary and Proper Clause.
Inherent Powers
Powers that the national government has because it is the government of a nation. These are not written into the Constitution, they do not need to be spelled out. Examples: expanding territory, securing borders, protecting nation from attack
Reserved Powers
Powers that are set aside for the states. These powers mainly involve things that affect the quality of people’s lives. Examples: conducting elections, issuing licenses
Concurrent Powers
Powers that both the national and state governments have (shared powers). Example: collect taxes, build roads, make laws, establish courts
Denied Powers
Powers that the state and national governments are not allowed to have. Examples: establishing a national religion, convict people without a trial, pass ex post facto laws. Some powers are denied to both the national and federal government and some powers are only denied to one or the other. Example: coining money is only denied to the states.
Supremacy Clause
States that the Constitution is the supreme law of the land. In practice this means that if a state law and a national law conflict, the national law ‘wins’.
Full Faith and Credit Clause
Outlines the obligations that the states have to each other.
Persuasion
A process of influencing others into accepting a point of view by means of reasoning and argumentation.
Compromise
A process of making concessions to settle differences; one or both sides give up something
Consensus Building
A process of working toward achieving general agreement within an argument.
Negotiation
A process of settling differences through a discussion of issues.
