Gov Vocab Units 1-3

constitution

constitution

the supreme law of the US outlining the three branches and checks & balances

natural rights

rights that people have by nature and that cannot be taken away by a government or any other authority (Locke)

Social Contract Theory

an implicit agreement among the members of a society to cooperate for social benefits, for example by sacrificing some individual freedom for state protection (Hobbes, Locke, Rousseau)

Declaration of Independence

document that was adopted by the Continental Congress on July 4, 1776, that established the United States as an independent nation and severed political ties with Great Britain.

Consent of the Governed

a government's legitimacy and moral right to use state power is justified only when consented to by the society over which that political power is exercised

Limited Government

a theory of governance that limits the power of the government and protects the rights of individuals

Articles of Confederation

first constitution of the US, establishing the country's national government after it declared independence

Shays’ Rebellion

series of violent attacks on courthouses in Massachusetts by mostly ex-Revolutionary War soldiers-turned farmers who opposed state economic policies causing poverty and property foreclosures

Constitutional Convention

A convention of delegates in 1787 in Philadelphia - at this meeting it was decided to set aside the Articles of Confederation and write a new constitution.

Thomas Hobbes

Hobbes was an English philosopher, best known for his 1651 book Leviathan, and develops Social Contract 1.0

Factions

conflicting groups within government

Virginia Plan

a proposal that proportioned each state’s representation based on population

New Jersey Plan

a proposal that gave each state equal representation

Great Compromise (Connecticut)

created a bicameral legislature with one house that give representation on population and another (the senate) which gave each state equal representation

3/5s Compromise

determined that three out of every five slaves were counted when determining a state's total population for representation and taxation

Charles Beard’s Critique

the U.S. Constitution was adopted in order to protect the rights and interests of the Founding Fathers - the wealthy, upper-class members of society

Writ of Habeas Corpus

(lawful and speedy trial) - a person under arrest must be brought before a court to secure the person's release unless lawful grounds are shown for their detention.

Bill of Attainder

A bill of attainder is a piece of legislation that punishes a person or group of people without a judicial trial - these were banned in the Constitution

Ex Post Facto

criminalizing conduct that was legal when originally performed

Madisonian Model

governmental scheme so that the power and influence of each branch would be balanced by those of the others. The separation of powers is a result of Congress passing laws, the president enforcing laws, and the courts interpreting the laws.

“If men were angels”

“no government would be necessary” (Federalist 51 by James Madison)

Limiting the Majority

limit direct democracy as much as possible (republicanism, electoral college, etc)

Separation of Powers

a constitutional principle that divides the government into three branches, each with its own specific duties: Legislative makes the laws, Executive enforces the laws, and Judicial interprets the laws

Checks and Balances

each branch can check the power of the others

Diagram of Checks

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Judicial Review

power of the courts of a country to examine the actions of the other branches and determine constitutionality

Republic

supreme power is held by the people and their elected representatives

federalist

early US political party advocating a strong central government, initially pro-constitution

anti-federalist

people opposing federalist party (opposing the constitution)

Federalist Papers

series of 85 essays designed to convince New York to vote for the constitution

Coalition

an alliance for combined action, especially a temporary alliance of political parties

Bill of Rights

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans' rights in relation to their government.

Amendment

a change to the Constitution

Amendment Process

amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.