chap 2

These flashcards cover key concepts and terms related to the American and Texas government, focusing on the constitutional framework and historical context.

Constitutional Democracy

A government whose powers are subject to recognized and enforced limits on the power of all government officials.

Constitution

Document that allocates power and responsibilities and limits power.

Proprietary Colony

A type of colony established with a royal grant from Great Britain, allowing for self-governing under the authority of a proprietor.

Bicameralism

A legislative structure with two houses or chambers.

The Federalist Papers

A collection of writings advocating for the ratification of the Constitution, written by Federalists.

Federalists

Supporters of the Constitution who favored a strong national government.

Anti-Federalists

Opponents of the Constitution who preferred states' rights and government closer to the people.

Bill of Rights

The first ten amendments to the Constitution, outlining basic liberties and rights.

3/5ths Compromise

Agreement counting each slave as three-fifths of a person for representation and taxation purposes.

Electoral College

A system for electing the president of the United States through a body of electors chosen by popular vote.

Judicial Review

The power of the Supreme Court to interpret the Constitution and overturn laws that violate it.

Amendment Process

The method by which changes can be made to the Constitution, requiring a proposal and ratification.

Shay's Rebellion

An armed uprising in 1786–1787, highlighting the weaknesses of the Articles of Confederation and prompting the Constitutional Convention.

Great Compromise

An agreement during the Constitutional Convention that created a bicameral legislature balancing representation of big and small states.

Articles of Confederation

The first governing document of the United States, adopted in 1781, forming a loose confederation of states with a weak central government.

Constitutional Democracy

A government whose powers are subject to recognized and enforced limits on the power of all government officials, typically codified in a constitution.

Constitution

A foundational document that establishes the framework for a government, allocating powers, defining responsibilities, and limiting governmental authority.

Proprietary Colony

A type of English colony in North America established by individuals or companies who were granted vast tracts of land by the British monarch and given authority to govern, subject to royal oversight.

Bicameralism

A system of government with a legislative body composed of two distinct houses or chambers, often designed to provide different forms of representation.

The Federalist Papers

A series of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym 'Publius', published between 1787 and 1788 to advocate for the ratification of the U.S. Constitution and explain its provisions.

Federalists

Advocates for the ratification of the U.S. Constitution, who supported a strong national government with a system of checks and balances.

Anti-Federalists

Opponents of the ratification of the U.S. Constitution, who preferred stronger state governments, fearing that a powerful national government would endanger individual liberties.

Bill of Rights

The first ten amendments to the United States Constitution, ratified in 1791, which guarantee fundamental rights and civil liberties to individuals and explicitly limit the powers of the federal government.

3/5ths Compromise

An agreement reached at the 1787 Constitutional Convention that determined enslaved people would be counted as three-fifths of a person for the purposes of calculating a state's population for both legislative representation and taxation.

Electoral College

The system established by the U.S. Constitution for the indirect election of the President and Vice President, where electors chosen by each state based on its congressional representation cast the actual votes.

Judicial Review

The doctrine under which legislative and executive actions are subject to review by the judiciary. The U.S. Supreme Court, in Marbury v. Madison (1803), established its power to declare laws unconstitutional.

Amendment Process

The formal procedure outlined in Article V of the U.S. Constitution for making changes or additions to the document, requiring both proposal (by Congress or national convention) and ratification (by state legislatures or state conventions).

Shay's Rebellion

An armed insurrection led by Revolutionary War veteran Daniel Shays in Massachusetts during 1786 and 1787, protesting high taxes and economic injustice, which exposed the weaknesses of the Articles of Confederation and spurred efforts to create a stronger national government.

Great Compromise

An agreement reached during the 1787 Constitutional Convention, also known as the Connecticut Compromise, which established a bicameral legislature: the House of Representatives with proportional representation, and the Senate with equal representation for each state.

Articles of Confederation

The first written constitution of the United States, adopted in 1781, which established a weak central government with limited powers, leaving most authority to the individual states.

Checks and Balances

A fundamental principle of the U.S. Constitution, wherein each branch of government (legislative, executive, and judicial) is given specific powers that allow it to limit or oversee the actions of the other branches, preventing any one branch from becoming too dominant.

Common Sense/Thomas Paine

An influential pamphlet published anonymously by Thomas Paine in January 1776, which forcefully argued for the American colonies' independence from Great Britain and the establishment of a republican form of government.

Core Principles of the U.S. Constitution

The foundational ideals upon which the U.S. government is built, including popular sovereignty (rule by the people), separation of powers (dividing government into three branches), checks and balances (mutual limits on power), federalism (shared power between national and state governments), and protection of individual rights.

Purpose of Constitutional Amendments

The primary reason for including an amendment process in the Constitution is to allow the document to evolve and adapt to new social, political, and economic conditions over time, ensuring its continued relevance and preventing it from becoming rigid or obsolete.

Constitutional Convention of 1787

A pivotal gathering of delegates from twelve of the thirteen states (Rhode Island boycotting) held in Philadelphia from May to September 1787, convened to revise the Articles of Confederation but ultimately resulting in the drafting of an entirely new U.S. Constitution.

Declaration of Independence

The foundational document adopted by the Continental Congress on July 4, 1776, formally announcing the thirteen American colonies' separation from Great Britain and articulating Enlightenment-inspired principles of natural rights, popular sovereignty, and the right to revolution against tyrannical rule.

Elastic Clause (Necessary and Proper Clause)

A provision in Article I, Section 8, Clause 18 of the U.S. Constitution, which grants Congress the authority to make all laws 'necessary and proper' for carrying into execution its enumerated powers, thus expanding its legislative scope beyond those explicitly listed.

Enumerated Powers

Specific powers explicitly granted to the federal government, particularly to Congress, as detailed in Article I, Section 8 of the U.S. Constitution. Examples include the power to coin money, regulate commerce, declare war, and raise armies.

Federalism

A system of political organization where governmental power is constitutionally divided and shared between a central national government and various constituent regional governments (e.g., states), each with its own defined spheres of authority.

Federalist 10

An influential essay written by James Madison, published as part of The Federalist Papers, which argues that a large, diverse republic with many different interest groups (factions) is less likely to be dominated by any single faction and can better protect individual rights than a small republic.

Formal and Informal Constitution

The Formal Constitution refers to the written text of the U.S. Constitution and its 27 amendments. The Informal Constitution encompasses unwritten traditions, judicial interpretations (like Marbury v. Madison), political party practices, and executive actions that continuously shape and redefine how the government operates without altering the document's text.

Full Faith and Credit Clause

Found in Article IV, Section 1 of the U.S. Constitution, this clause mandates that states must respect and uphold the 'public acts, records, and judicial proceedings of every other state,' ensuring legal consistency across state lines (e.g., marriage certificates, court judgments).

Impeachment

The constitutional process by which the House of Representatives formally charges a federal official (such as the President, Vice President, or federal judges) with 'Treason, Bribery, or other high Crimes and Misdemeanors,' potentially leading to a trial in the Senate and removal from office.

Implied Powers

Powers of the U.S. federal government that are not explicitly written in the Constitution but are reasonably inferred as necessary to carry out the enumerated powers, often derived from the 'Necessary and Proper Clause'.

Legislative vs. Executive Power

The distinct and often overlapping authorities of the legislative branch (Congress), responsible for proposing and enacting laws, and the executive branch (the President), responsible for implementing and enforcing those laws, a dynamic central to the government's operational structure and checks and balances.

Limited Government

A fundamental principle of constitutional governance stipulating that a government's authority and legitimate use of power are restricted by a constitution and laws, thereby protecting individual liberties and preventing tyranny.

Major Debates at the Constitutional Convention

Significant points of contention among delegates at the 1787 Constitutional Convention, primarily revolving around issues such as: the balance of power between large and small states (resolved by the Great Compromise), the representation of enslaved persons (3/5ths Compromise), and the overall strength of the national government versus states' rights.

Majority vs. Minority Rights

The inherent challenge in democratic governance to ensure that while the collective decisions of the numerical majority typically prevail, the fundamental rights, freedoms, and interests of various minority groups are protected from suppression or infringement.

Marbury v. Madison (1803)

A landmark U.S. Supreme Court case presided over by Chief Justice John Marshall, which established the principle of judicial review. The Court ruled it had the authority to declare acts of Congress unconstitutional, significantly shaping the balance of power among the branches of government.

Monarchy

A form of governance in which a single individual, typically inheriting their position by birthright, serves as the head of state for life, often wielding supreme political authority or acting as a ceremonial figurehead.

National Supremacy Clause (Supremacy Clause)

Article VI, Clause 2 of the U.S. Constitution, which declares that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the 'supreme Law of the Land,' thus taking precedence over any conflicting state laws.

Natural Rights

Philosophical concept, notably articulated by John Locke, asserting that human beings possess inherent rights (such as life, liberty, and property/the pursuit of happiness) bestowed by natural law or God, which cannot be legitimately infringed upon by governments.

Necessary and Proper Clause

Also known as the Elastic Clause (Article I, Section 8, Clause 18), this constitutional provision empowers Congress to enact any law that is 'necessary and proper' for executing its explicitly granted (enumerated) powers, providing flexibility for governmental operation.

New Jersey Plan

A proposal introduced at the 1787 Constitutional Convention by William Paterson, advocating for a unicameral (one-house) legislature where each state, regardless of population, would have equal representation. This plan was favored by smaller states and opposed the Virginia Plan.

Parliamentary System

A democratic form of government in which the executive branch (the Prime Minister and Cabinet) is directly accountable to and appointed from the legislative branch (Parliament), leading to a fusion of powers between the two.

Pluralism

A theory in political science suggesting that political power and influence in democratic societies are distributed among a multitude of diverse and competing interest groups rather than concentrated in a single elite or ruling class, fostering compromise and policy moderation.

Popular Sovereignty

The fundamental principle that the ultimate authority and legitimacy of a government derive from the consent and will of its people, who are the source of all political power. This is typically expressed through elections and representative democracy.

Power of the Purse

The influential constitutional power granted exclusively to the legislative branch (Congress) to control government finances, including the ability to levy taxes, appropriate funds, and approve spending, serving as a critical check on the executive branch's actions.

Ratification of Constitution

The formal act of approving the U.S. Constitution following its drafting at the 1787 convention. This required favorable votes from special conventions in at least nine of the original thirteen states for the document to take legal effect and establish the new federal government.

Republican Democracy

A system of government that combines the principles of a republic (where citizens elect representatives to make decisions on their behalf) with democratic ideals (such as popular participation and majority rule), ensuring governance through chosen delegates.

Republicanism

A political ideology and philosophy advocating for a government where the head of state is not a monarch but a representative of the people, emphasizing civic virtue, the rule of law, popular sovereignty, and individual liberty within a state organized as a republic.

Reserved Powers

Under the U.S. federal system, these are governmental powers that are not specifically granted to the national government nor denied to the states by the Constitution. According to the Tenth Amendment, these powers are thereby retained by the individual states or by the people.

Second Treatise on Government (John Locke)

An seminal philosophical work published by English philosopher John Locke in 1

Virginia Plan

The Virginia Plan was a proposal at the Constitutional Convention of 1787 for a strong national government with a bicameral (two-house) legislature where states would be represented based on their population. Proposed by Edmund Randolph and primarily drafted by James Madison, it established the framework for the U.S. Constitution by outlining three branches of government—legislative, executive, and judicial—and a system of checks and balances to prevent the abuse of power.