Chapter 2- The Constitution

Constitution

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

republic

a government ruled by the representatives of the people

Articles of Confederation and Perpetual Union

a governing document that created a union of thirteen sovereign states in which the states, not the national government, were supreme

Shay's Rebellion

a popular uprising against the government of Massachusetts

constitutional convention

a meeting attended by state delegates in 1787 to fix the Articles of Confederation

writ of habeas corpus

the right of people detained by the government to know the charges against them

Bills of attainder

when the legislature declares someone guilty without a trial

ex post facto law

a law that would allow a person to be punished for an action that was not against the law when it was committed

The Virginia Plan

a plan of government calling for a three-branch government with a bicameral legislature, where more populous states would have more representation in Congress

New Jersey Plan

a plan of government that provided for a unicameral legislature with equal votes for each state

Great (Connecticut) Compromise

an agreement for a plan of government that drew upon both the Virginia and New Jersey Plans; it settled issues of state representation by calling for a bicameral legislature with a House of Representatives apportioned proportionately and a Senate apportioned equally

unicameral

One-house legislature

bicameral

Two house legislature

3/5 Compromise

an agreement reached at the Constitutional Convention where for every 5 slaves 3 would count as part of the population in order to determine representation in Congress and taxation.

Compromise on Importation

Congress could not restrict the slave trade until 1808

Right to trial by jury

Article 3, Section 2

two witnesses must be present or confess to a judge over acts of treason

Article 3, Section 3

Grand Committee

a committee at the Constitutional Convention that worked out the compromise on representation

separation of powers

a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

Checks and Balances

a design of government in which each branch has powers that can prevent the other branches from making policy

federalism

the sharing of power between the national government and the states

Legislative branch

the branch of government that makes the laws

Expressed/Enumerated Powers

Powers specifically granted to a branch of the government by the Constitution.

elastic cause (necessary and proper clause)

statement from article I of US constitution granting congress the power to pass laws that are necessary and proper for carrying out enumerated powers (administrative law).

implied powers

powers that congress has that are not stated explicitly in the constitution

Executive branch

the branch of government that carries out laws

Judicial branch

the branch of government that interprets laws

Supremacy clause

The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.

amendment

the process by which changes may be made to the Constitution

federalists

supporters of the Constitution and of a strong national government

anti-federalists

those opposed to the proposed constitution, who favored stronger state governments

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.

Federalist no. 51

an essay in which Madison argues that separation of powers and federalism will prevent tyranny

faction

a group of self-interested people who use the government to get what they want, trampling the rights of others in the process

federalist no. 10

an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government

Brutus no. 1

an Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government