Government in America: Chapter 2 (The Constitution) Key Terms

constitution

A nation's basic law. It creates political instituitions, assigns or divides powers in government, and often provides certain guarantees to citizens. Can be either written or unwritten.

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. This concept was central to English philosopher John Locke's theories about government and was widely accepted among America's Founding Fathers.

consent of the governed

The idea that government derives its authority by sanction of the people.

limited government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. It established a national legislature, the Continental Congress, but most authority rested with the state legislatures.

Shays' Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

factions

Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by these.

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

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.

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 share of the U.S. population, and the Senate, in which each state has two representatives.

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

separation of powers

A feature of the Constitution that requires each of the three branches of government—executive, legislative, and judicial—to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.

checks and balances

Features of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities.

republic

A form of government in which the people select representatives to govern them and make laws.

Federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.

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.

Amendment 1

Freedom of speech, press, and assembly. Freedom to petition government. Freedom to exercise religion.

Amendment 2

Right to bear arms

Amendment 3

No forced quartering of troops in homes during peacetime.

Amendment 4

No unreasonable searches and seizures

Amendment 5

No taking of private property for public use without just compensations, grand jury indictment required for prosecution of serious crime, no second prosecution for the same offense, no compulsion to testify against oneself, no loss of life liberty or property without due process of law,

Amendment 6

Right to a speedy and public trial

Amendment 7

Right to jury trail in civil suit where the value of controversy exceeds $20.

Amendment 8

No excessive bail or fines, No cruel and unusual punishments

Amendment 9

Unlisted rights are not necessarily denied.

Amendment 10

Powers not delgated to the national government or denied to the states are reserved for the states or the people.

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." The amendment failed to acrquire the necessary support from three-fourths of the state legislatures.

Marbury vs. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

Bill of Rights

The first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties such as freedom of religion, speech, and press and guarantee defendants' rights.

judicial review

The power of the courts to determine whether acts of Congress, and by implication its executive, are in accord with the U.S. Constitution. Established by John Marshall and his associates in Marbury v. Madison.