GOPO Vocab Chapter 2 & Amendments

1st

Prohibits Congress from making any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

2nd

Protects the right to keep and bear arms.

3rd

Places restrictions on the quartering of soldiers in private homes without the owner's consent, prohibiting it during peacetime.

4th

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.

5th

Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy.

6th

Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel.

7th

Provides for the right to trial by jury in certain civil cases, according to common law.

8th

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment.

9th

Protects rights not enumerated in the Constitution.

10th

Reinforces the principle of federalism by stating that the federal government possesses only those powers delegated to it by the states or the people through the Constitution.

11th

Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for sovereign immunity.

12th

Revises presidential election procedures by having the President and Vice President elected together as opposed to the Vice President being the runner up.

13th

Abolishes slavery, and involuntary servitude, except as punishment for a crime.

14th

Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues.

15th

Prohibits the denial of the right to vote based on race, color or previous condition of servitude.

16th

Permits Congress to levy an income tax without apportioning it among the states or basing it on the United States Census.

17th

Establishes the direct election of United States Senators by popular vote.

18th

Prohibited the manufacturing or sale of alcohol within the United States.

19th

Prohibits the denial of the right to vote based on sex.

20th

Changes the date on which the terms of the President and Vice President (January 20) and Senators and Representatives (January 3) end and begin.

21st

Repeals the 18th Amendment and makes it a federal offense to transport or import intoxicating liquors into US states and territories where such transport or importation is prohibited by the laws of those states and territories.

22nd

Limits the number of times that a person can be elected president: a person cannot be elected president more than twice, and a person who has served more than two years of a term to which someone else was elected cannot be elected more than once.

23rd

Grants the District of Columbia electors (the number of electors being equal to the least populous state) in the Electoral College.

24th

Prohibits the revocation of voting rights due to the non-payment of a poll tax or any other tax.

25th

Addresses succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities.

26th

Prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age.

27th

Delays laws affecting Congressional salary from taking effect until after the next election of representatives.

Articles of Confederation

Sent to the states for ratification in 1777, these were the first attempt at a new American government. It was later decided that the Articles restricted national government too much, and they were replaced by the Constitution.

limited government

A political system in which the powers of the government are restricted to prevent tyranny by protecting property and individual rights.

monarchy

A government in which power is held by a single person, or monarch, who comes into power through inheritance rather than election.

republicanism

As understood by James Madison, and the framers, the belief that a form of government in which the interest of the people are represented through elected leaders is the best form of government. Our form of government is called a Republican Democracy.

"consent of the governed"

The idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders.

natural rights

Also known as "unalienable rights," The Declaration of Independence defines them as the right to "life, liberty, and the pursuit of Happiness". The Founders believed that upholding these rights were a government's central purpose.

Federalists

Those at the constitutional convention who favored a strong national government and a system of separation of powers.

Antifederalists

Those at the constitutional convention who favored strong state governments and feared that a strong national government would be a threat to individual rights.

pluralism

The idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possess total control.

Virginia Plan

A plan proposed by the larger states during the Constitutional Convention that based representation in the national legislature on population. The plan also included a variety of other proposals to strengthen the national government.

New Jersey Plan

A plan that was in response to the Virginia Plan, in which smaller states at the Constitutional Convention proposed that each state should receive equal representation in the national legislature, regardless of size.

Great Compromise

A compromise between the large and small states, proposed by Connecticut, in which Congress would have two houses: a Senate with two legislators per state and a House of Representatives in which each state's representative is based on population (also known as the Connecticut Compromise).

parliamentary system

A system of government in which legislative and executive power are closely joined. The legislature (parliament) selects the chief executive (prime minister) who forms the cabinet from members of parliament.

reserved powers

As defined in the Tenth Amendment, powers that are not given to the national government by the Constitution, or not prohibited to the states, are reserved by the states or the people.

national supremacy clause

Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the Unites states are the "supreme Law of the Land," meaning national laws take precedence over state laws if the two conflict.

Three-Fifths Compromise

The states' decision during the Constitutional Convention to count each slave as three-fifths of a person in each state's population for the purpose of determining the number of House members and the distribution of taxes.

Bill of Rights

The first 10 amendments in the Constitution; they protect individuals rights and liberties.

necessary and proper clause

Part of Article I, Section 8, of the constitution that grants Congress the power to pass all laws related to one of its expressed powers also known as the elastic clause.

impeachment

A negative or checking power over the other branches that allows Congress to remove the president, vice president, or other "officers of the United States" (including federal judges) for abuses of power.

power of the purse

The constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding.

judicial review

The Supreme Court's power to strike down a law or executive branch action that it finds unconstitutional.

executive powers clause

Part of Article II, Section 1, of the Constitution that states, "The executive Power shall be vested in a President of the United States of America." This broad statement has been used to justify many assertions of presidential power.

commerce clause

Part of Article I, Section 8, of the Constitution that gives Congress "the power to regulate Commerce... among the several States". The Supreme Court's interpretation of this clause has varied, but today it serves as the basis for much of Congress's legislation.

enumerated powers

Powers explicitly granted to Congress, the president, or the Supreme court in the first three articles of the Constitution. Examples include Congress's power to "raise and support the armies" and the president's power as commander in chief.

implied powers

Powers supported by the Constitution that are not expressly stated in it.