POLS 1101 Ch. 3 The Constitution Vocab

Declaration of Independence

Drafted by Thomas Jefferson, the document that proclaimed the right of the colonies to separate from Great Britain.

social contract theory

The belief that the people agree to set up rulers for certain purposes and thus have the right to resist or remove rulers who act against those purposes.

confederation

A loose association of independent states that agree to cooperate on specified matters.

Articles of Confederation

The compact among the thirteen original states that established the first government of the United States.

Reasons the Articles of Confederation failed:

- national government had no taxation power

- had no provision for an independent leadership position to direct the government

- the national government could not regulate interstate and foreign commerce

- the articles required unanimous agreement to be amended

The Virginia Plan

A set of proposals for a new government, submitted to the Constitutional Convention of 1787; it included separation of the government into three branches, division of the legislature into two houses, and proportional representation in the legislature.

legislative branch

The branch of government that makes laws.

executive branch

The branch of government that implements and enforces laws.

judicial branch

The branch of government that interprets laws and applies them to specific cases.

The New Jersey Plan

Submitted by the head of the New Jersey delegation to the Constitutional Convention, a set of nine resolutions that would have, in effect, preserved the Articles of Confederation by amending rather than replacing them.

The Great Compromise

Submitted by the Connecticut delegation to the Constitutional Convention, and thus also known as the Connecticut Compromise, a plan calling for a bicameral legislature in which the House of Representatives would be apportioned according to population and the states would be represented equally in the Senate.

Electoral College

A body of electors chosen by voters to cast ballots for president and vice president.

extraordinary majority

A majority greater than the minimum of 50 percent plus one.

Republicanism

A form of government in which power resides in the people and is exercised by their elected representatives.

Federalism

The division of power between a central government and regional governments.

Separation of powers

The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government.

Checks and balances

A government structure that gives each branch some scrutiny of and control over the other branches.

enumerated powers

The powers explicitly granted to Congress by the Constitution.

necessary and proper clause

The last enumerated power in Section 8 of Article I of the Constitution, which gives Congress the means to execute its other enumerated powers. This clause is the basis for Congress's implied powers. Also called the elastic clause.

implied powers

Those powers that Congress needs to execute its enumerated powers.

judicial review

The power of the courts to declare congressional (and presidential) acts invalid because they violate the Constitution.

supremacy clause

The clause in Article VI of the Constitution that asserts that the Constitution, national laws, and treaties take precedence over state and local laws when they conflict.

Bill of Rights

The first ten amendments to the Constitution. They prevent the national government from tampering with fundamental rights and civil liberties and emphasize the limited character of national power.