Chapter 2, Unit 1

Declaration of Independence

The official laws and rights assigned by our founding fathers to govern the U.S.

Natural rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

John Locke

English philosopher who argued that people have natural rights, inspirere of the constitution

Consent of the governed

The Idea that people give up natural rights to live in a controlled, governed nation.

Limited government

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

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

Unicameral

A single-chamber legislature

Shays' Rebellion

A violent insurrection in the Massachusetts countryside during 1786 and 1787, Shays' Rebellion was brought about by a monetary debt crisis at the end of the American Revolutionary War.

Philadelphia (Constitutional) Convention

Factions

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

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

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

Bicameral

2 house legislature

Senate

The Senate is composed of 100 Senators, 2 for each state. Until the ratification of the 17th Amendment in 1913, Senators were chosen by state legislatures, not by popular vote. Since then, they have been elected to six-year terms by the people of each state.

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population

3/5ths Compromise

allowed slaves to be counted as 3/5ths of a person towards representation and taxation

Writ of habeas corpus

Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. Wikipedia

Bills of attainder

A bill of attainder is a piece of legislation that declares a party is guilty of a crime. No questions asked.

Ex post facto laws

A law which renders an act punishable in a manner in which it was not punishable when it was committed

Trial by jury

The right of a person to be tried by a jury, or a group of citizens, to decide if the person is guilty or innocent of committing a crime.

Electoral College

A group of people named by each state legislature to select the president and vice president

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Marbury vs. Madison

Case in which the supreme court first asserted the power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional

Federalists/Federalism

Believed in a Strong Government while the states still had input on political matters and also in governing their states.

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.

Bill of Rights

First 10 amendments to the Constitution that gave citizens basic rights

Republic

A form of government in which citizens choose their leaders by voting

"Living document" Ideology

The constitution is a document that changes and flexes definitions based on current situations, Ex. Laws regarding technological privacy

Commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Elite Democracy

A theory that the wealthy have more influence (Real)

Enumerated powers

Powers given to the national government alone

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Great Compromise

Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house (Combo of Virginia and New Jersey plan)

Impeachment

A formal document charging a public official with misconduct in office

James Madison

"Father of the Constitution," Federalist leader, wrote "Federalist", and fourth President of the United States.

Judicial Review

Allows the court to determine the constitutionality of laws

National Supremacy

the point of view that the national government should have relatively more power than the states

Natural Law

God's or nature's law that defines right from wrong and is higher than human law. (killing bad)

Necessary and Proper (Elastic) Clause

Gives Congress power to make "all Laws which shall be necessary and proper for carrying into Execution" other federal powers

Participatory Democracy

A theory of Democracy that states a democracy is only as effective as the amount of people who participate in it.

Pluralist Democracy

a theory of democracy that holds that citizen membership in groups is the key to political power. Ex. Winning over an interest group like the NRA.

Pocket Veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

Popular Sovereignty

A belief that ultimate power resides in the people.

Preamble

Introduction to the Constitution (Boreing)

Representative Republic

A style of government where the people elect Representatives to speak on behalf and in favor of their opinions and beliefs

Reserved Powers

Powers given to the state government alone

Separation of Powers

An idea that the power of the Fed. Gov. should be split into separate bodies which created the Executive, Legislative, and Judicial Branches of our Gov.

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

⅔rds Congressional override

Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate. (Usually an act is passed with a simple majority.) This check prevents the President from blocking an act when significant support for it exists.

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties

Veto

A governmental way to say reject

Brutus No. 1

The anti central government paper which sought to create strong state powers with little to no central government powers.

Advice and consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments.

Anti-Federalists

people who opposed the Constitution (THE OPPS 😱)