Chapter 2: The Constitution

Constitution

A nations's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can be either written or unwritten.

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders

consent of the governed

The idea that government derives its authority by sanction of the people

limited government

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

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shay to block foreclosure proceedings

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation

factions

Parties or interest groups that James Madison saw as arising from the unequal distribution of property or wealth and attacked as having 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

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population

Connecticut Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives in which representation is based on a state's share of the U.S. population and the senate, in which each state has two representatives

writ of habeas corpus

A court order requiring jailers to explain to a judge why the are holding a prisoner in custody

separation of powers

A feature of the Constitution that requires each of the three branches of government- executive, legislative and judicial- to be relatively independent of others so that one cannot control the others. Power is shared among these three institutions

checks and balances

Features of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities

republic

A form of government in which the people select representatives to govern them and make laws

federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption

anti-federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption

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

The first 10 amendments to the U.S. Constitution drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex" The amendment failed to acquire the necessary support from three-fourths of the state legislatures

Marbury v. Madison

The 1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress

judicial review

The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by Marbury v. Madison