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Ch 2 Constitution
| Question | Answer |
|---|---|
| Constitution | A document which spells out the principles by which a government runs and the fundamental laws that govern a society |
| Declaration of Independence (1776) | Written by Thomas Jefferson; influenced by the Enlightenment philosophers of his day. |
| *Provisions:* | |
| *Part 1* - Explains the necessity of independence for the preservation of basic laws and rights. | |
| *Part 2* - Lists a series of "abuses and usurpations" by the king and his government; Jefferson claimed that this treatment violated the social contract thereby justifying the actions his American subjects felt compelled to take. | |
| *Part 3* - Ends with what is tantamount to a formal declaration of war. | |
| Natural Rights | the idea that all humans are born with rights, which include the right to life, liberty, and property - John Locke |
| consent of the governed | People are the source of any and all governmental power |
| Limited Government | A principle of constitutional government; a government whose powers are defined and limited by a constitution. |
| Principles of Locke and the Declaration of Independence | natural rights, purpose of government, consent of government, limited government, right to revolt |
| Articles of Confederation | 1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade) |
| Shay's Rebellion | Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out. |
| U.S. Constitution (1787) | A document that embodies the fundamental laws and principles by which the United States is governed. |
| Factions | Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government. |
| New Jersey Plan | The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population. |
| Virginia Plan | "Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states. |
| 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 a state's population, and the Senate, in which each state has two representatives. |
| The three issues of equality the founding fathers needed to address | Representation in Congress, slavery, and qualifications for voting |
| writ of habeas corpus | A court order requiring explanation to a judge why a prisoner is being held in custody. |
| bill of attainder | a law that punishes a person accused of a crime without a trial or a fair hearing in court |
| ex post facto law | a law that makes an act criminal although the act was legal when it was committed |
| Separation of Powers | Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law |
| checks and balances | A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power |
| Republic | A form of government in which citizens choose their leaders by voting |
| Federalists | A term used to describe supporters of the Constitution during ratification debates in state legislatures. |
| Anti-Federalists | Opponents of the American Constitution at the time when the states were contemplating its adoption. |
| 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. |
| Bill of Rights, 1791 | The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Define basic liberties such as freedom of religion, speech and press, and guarantees defendants' rights. |
| Article 5 of the Constitution | Outlines the process for amending or changing the Constitution |
| Amending the Constitution | Needs approval of two-thirds of Congress and three-fourths of the states |
| Equal Rights Amendment (ERA) | Proposed the 27th Amendment, calling for equal rights for both sexes. Passed both houses of Congress, but failed to get the necessary 3/4 of state legislatures. |
| Marbury v. Madison (1803) | Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court. |
| Judicial Review | The power of the courts to declare laws unconstitutional |
Created by:
Mrs. Kaminski
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