Building the Constitution Flashcards

Vocabulary flashcards covering the drafting, ratification, structural limits, and constitutional amendments from Chapter 2 lecture notes.

Preamble to the United States Constitution

The opening passage of the U.S. Constitution beginning with 'We the People', establishing the purpose to form a more perfect Union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure liberty.

Annapolis Convention (1786)

A 1786 meeting in Maryland where delegates from five states attempted to revise the Articles of Confederation, ultimately requesting that all states send delegates to Philadelphia after failing to reach unanimous approval.

Philadelphia Convention (1787)

A 1787 convention in Philadelphia attended by 55 delegates from 12 states (excluding Rhode Island) that decided to create an entirely new national government under president George Washington.

The Great Compromise

An agreement creating a bicameral legislature with House of Representatives seats based on population (Virginia Plan) and Senate seats distributed equally with two per state (New Jersey Plan).

Three-Fifths Compromise

A compromise resolving how to count enslaved people for House representation apportionment and direct taxes, counting all free population plus three-fifths of the enslaved population.

Separation of Powers

The constitutional division of national authority into three distinct branches—Legislative (Article I), Executive (Article II), and Judicial (Article III)—so no single institution controls all power.

Checks and Balances

A system of constitutional mechanisms allowing each branch of government to restrain or limit the power of the other branches.

Impeachment

The formal constitutional charge brought against a federal civil officer by a simple majority vote in the House of Representatives for Treason, Bribery, or other high Crimes and Misdemeanors.

Judicial Review

The power of federal courts to determine whether a law or government action conflicts with the Constitution and to invalidate unconstitutional acts.

Marbury v. Madison (1803)

The 1803 Supreme Court decision that firmly established judicial review as a central power of the federal judiciary.

Supremacy Clause

Article VI, Clause 2, which establishes that the U.S. Constitution, valid federal laws, and U.S. treaties supersede conflicting state laws.

Necessary and Proper Clause

Article I, Section 8, granting Congress the power to pass laws reasonably needed to carry out its enumerated powers; also called the Elastic Clause.

Federalists

Supporters of the Constitution's ratification—including George Washington, Alexander Hamilton, James Madison, and John Jay—who favored a stronger central government.

Anti-Federalists

Opponents of the Constitution in its original form—including Patrick Henry, George Mason, George Clinton, and James Monroe—who feared national overreach and demanded a Bill of Rights.

Federal Pillars

A series of political cartoons published during the ratification campaign depicting each ratifying state as a structural pillar supporting the new Constitution.

The Federalist Papers

A collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the shared pen name 'Publius' to defend the Constitution and promote ratification.

Faction

As defined by James Madison in Federalist No. 10, a group of citizens united by a shared passion or interest that conflicts with the rights of others or the permanent interest of the public.

Federalist No. 10

A Federalist essay by James Madison arguing that a large republic containing many competing interests is the best way to control the adverse effects of factions.

Federalist No. 51

A Federalist essay by James Madison explaining how the constitutional structure uses checks, balances, and separated powers ('ambition must be made to counteract ambition') to protect liberty.

Article V

The section of the Constitution establishing a two-stage process for amendments requiring proposal by a two-thirds vote in Congress (or state convention request) and ratification by three-fourths of the states.

First Amendment

Guarantees fundamental freedoms including freedom of religion (establishment and free exercise), speech, the press, peaceful assembly, and petitioning the government.

Second Amendment

Protects the right of the people to keep and bear arms in connection with a well-regulated militia and the security of a free state.

Third Amendment

Prohibits the government from forcing soldiers to live in private homes during peacetime without the owner's consent.

Fourth Amendment

Protects against unreasonable searches and seizures and requires search warrants supported by probable cause.

Fifth Amendment

Guarantees grand jury protection for serious federal charges, protects against double jeopardy and compelled self-incrimination, requires due process, and mandates just compensation for public land takings.

Sixth Amendment

Guarantees rights of criminal defendants including a speedy and public trial, an impartial jury, notice of charges, witness confrontation, compulsory process for defense witnesses, and legal counsel.

Seventh Amendment

Preserves the right to a jury trial in federal civil lawsuits exceeding twenty dollars.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

States that the enumeration of specific rights in the Constitution shall not be construed to deny or disparage other rights retained by the people.

Tenth Amendment

Establishes that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people.

Eleventh Amendment

Limits certain federal court lawsuits brought against a state by citizens of another state or foreign country.

Twelfth Amendment

Requires Electoral College electors to cast separate votes for president and vice president.

Thirteenth Amendment

Abolishes slavery and involuntary servitude except as punishment for a crime whereof the party has been duly convicted.

Fourteenth Amendment

Defines U.S. citizenship for persons born or naturalized in the U.S. and mandates that states provide due process and equal protection of the laws.

Fifteenth Amendment

Prohibits federal and state governments from denying voting rights based on race, color, or previous condition of servitude.

Sixteenth Amendment

Authorizes Congress to collect a federal income tax without apportioning it among the states according to population.

Seventeenth Amendment

Provides for the direct popular election of U.S. senators by voters in each state.

Eighteenth Amendment

Established national Prohibition by banning the manufacture, sale, and transportation of intoxicating alcoholic beverages.

Nineteenth Amendment

Prohibits federal and state governments from denying or abridging the right to vote on account of sex.

Twentieth Amendment

Sets January 20 as the start of presidential and vice-presidential terms and January 3 for congressional terms.

Twenty-First Amendment

Repeals the Eighteenth Amendment, ending national Prohibition through state ratifying conventions.

Twenty-Second Amendment

Limits an individual to being elected president no more than twice.

Twenty-Third Amendment

Grants presidential electors to the District of Columbia in the Electoral College.

Twenty-Fourth Amendment

Prohibits requiring a poll tax or other tax to vote in federal elections.

Twenty-Fifth Amendment

Establishes procedures for presidential succession, vice-presidential vacancies, and handling presidential inability.

Twenty-Sixth Amendment

Protects the voting rights of citizens aged 18 or older from being denied on the basis of age.

Twenty-Seventh Amendment

Requires an intervening House of Representatives election before any law changing congressional compensation can take effect.