Chapter 2- The Constitution

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Constitution

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Government

36 Terms

1

Constitution

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

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2

republic

a government ruled by the representatives of the people

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3

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

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4

Shay's Rebellion

a popular uprising against the government of Massachusetts

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5

constitutional convention

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

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6

writ of habeas corpus

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

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7

Bills of attainder

when the legislature declares someone guilty without a trial

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8

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

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9

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

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10

New Jersey Plan

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

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11

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

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12

unicameral

One-house legislature

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13

bicameral

Two house legislature

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14

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.

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15

Compromise on Importation

Congress could not restrict the slave trade until 1808

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16

Right to trial by jury

Article 3, Section 2

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17

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

Article 3, Section 3

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18

Grand Committee

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

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19

separation of powers

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

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Checks and Balances

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

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21

federalism

the sharing of power between the national government and the states

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22

Legislative branch

the branch of government that makes the laws

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23

Expressed/Enumerated Powers

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

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24

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).

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25

implied powers

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

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26

Executive branch

the branch of government that carries out laws

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27

Judicial branch

the branch of government that interprets laws

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28

Supremacy clause

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

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29

amendment

the process by which changes may be made to the Constitution

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30

federalists

supporters of the Constitution and of a strong national government

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31

anti-federalists

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

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32

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.

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33

Federalist no. 51

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

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34

faction

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

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35

federalist no. 10

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

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36

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

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