AP USGOV Chapter 2 Terms

Anti-Federalists

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

Articles of Confederation

The first constitution of the United States, adopted by the Congress in 1777 and ratified in 1781. The Articles established the Continental Congress as the national legislature, but left most authority with the state legislatures, with the powers of the national legislature being strictly limited.

Bill of Attainder

An act of legislature that punishes people without a judicial trial.

Bill of Rights

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

Change process through Constitution

An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

Checks and Balances

Features of the Constitution that require each branch of the federal government to obtain the consent of the others for its actions; they limit the power of each branch.

Checks on the executive branch

Legislative Branch: Congress approves presidential nominations. It can pass laws over the president’s veto and can impeach the president and remove him or her from office. Judicial Branch: The Court can declare presidential acts unconstitutional.

Checks on the judiciary

Executive Branch: The president nominates judges and enforces judicial opinions. Legislative Branch: The Senate confirms the president’s nominations. Congress can impeach judges and remove them from office.

Checks on the legislature

Executive Branch: The president can veto congressional legislation. Judicial Branch: The Court can declare laws unconstitutional.

Citizenship

The status of being a recognized member of a state or nation, providing specific rights and responsibilities. It includes civic duties like voting and obeying laws, and can be obtained by birth, descent, or naturalization. Citizenship promotes a sense of belonging and identity within a community.

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 population; and the Senate, in which each state has two representatives.

Consent of the governed

The idea that government derives its authority from the people.

Constitution

A nation’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.

Constitution and Voting Qualifications

Originally, the states decided who was qualified for voting. As years went on, more and more amendments were introduced and ratified to allow for more people, specifically minorities, to be able to vote.

Declaration of Independence

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

Due Process

This legal requirement mandates that the state must respect all legal rights owed to a person. It ensures individuals receive a fair trial and protects against arbitrary denial of life, liberty, or property. Found in the Fifth and Fourteenth Amendments of the U.S. Constitution, it encompasses both procedural and substantive rights.

Eight Amendment

This constitutional amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. It aims to protect individuals from inhumane treatment within the justice system and ensures that penalties are proportionate to the offenses committed.

Enumerated powers of the federal government

These are specific authorities granted to the federal government by the Constitution. They outline the powers that Congress can levy taxes, pay debts, borrow money, coin money and regulate its value, regulate interstate and foreign commerce, establish uniform laws of bankruptcy, punish piracy, punish counterfeiting, create standard weights and measures, establish post offices and post roads, and protect copyrights and patents, totaling 10.

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 gender.” The amendment failed to acquire the necessary support from three-fourths of the state legislatures in the period designated for ratification.

Factions

Groups such as interest groups that, according to James Madison, arise from the unequal distribution of property or wealth and have the potential to cause instability in government.

Federalism

The opinion of having a strong national government.

Federalist #10

Definition: This essay, written by James Madison, argues that a large republic can better control factions and prevent the tyranny of the majority. It emphasizes the importance of a diverse society to mitigate the risks posed by interest groups and encourages a system of representative democracy to balance competing interests. “The most common and durable source of factions has been the various a d unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society.”

Federalist Papers

A set of 85 essays that advocate ratification of the Constitution and provide insightful commentary on the nature of the new system of government.

Federalists

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

Fifth Amendment rights of the accused

Protects against self-incrimination, prohibits anyone from being prosecuted twice for substantially the same crime, and guarantees due process. Ensures the right to remain silent and provides for fair compensation when private property is taken for public use.

First Amendment

Protects freedom of speech, press, and assembly; Protects freedom to petition/ask to fix a wrong of the government; Prohibits the government from establishing a “religion.”

Formal ways in which to amend the Constitution

1. Congressional Proposal: Requires a two-thirds majority in both the House of Representatives and the Senate.

   OR

2. State Convention: Two-thirds of state legislatures can call for a convention to propose amendments.

   THEN

3. Ratification: Proposed amendments must be ratified by three-fourths of state legislatures or by conventions in three-fourths of the states.

Founders’ views on democracy

Believed in a balanced government to prevent tyranny, emphasizing a republic over direct democracy. Valued individual rights and the rule of law, fearing mob rule. Advocated for checks and balances among branches and a system of elected representatives to ensure stability and protect minority rights. However, did more for their self-interest, mainly in dealing with things with self-property. Overall, disliked democracy.

Fourteenth Amendment Significance

This amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the U.S. and guaranteed equal protection under the law. It played a crucial role in civil rights, influencing landmark Supreme Court cases and legislation aimed at combating racial discrimination and ensuring due process. Its provisions have been pivotal in expanding individual rights and protecting minorities.

Fourth Amendment

No unreasonable searches and seizures

Informal ways to amend the Constitution

Judicial interpretation, changing political practices, changes in technology, and changes in the increased demands on policymakers.

Judicial review

The power of the courts to determine whether acts of Congress and those of the executive branch are in accord with the U.S Constitution. The Supreme Court established judicial review in Marbury v. Madison.

Limited government

John Locke’s idea that certain restrictions should be placed on government to protect the natural rights of citizens. Two limits on gov. were particularly important. First, government must provide standing laws so that people know in advance whether their acts will be acceptable. Second, the preservation of property.

Marbury v. Madison

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

Natural Rights

Rights built within 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.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the size of the state’s population.

Powers of House

The power to initiate revenue bills, impeach federal officials, elect the President in the case of an Electoral College tie.

Powers of the Executive Branch

Make treaties with the approval of the Senate, veto and sign bills, conduct diplomacy with foreign nations, act as Commander-in-Chief during a war (the president).

Powers of the Senate

Ratifies treaties, confirms presidential nominations, hears trials of impeachment

Purpose of government

Ensure the welfare and security of its citizens and provide a framework for the orderly functioning of society.

Representative Republic / Republic

A system based on the consent of the governed in which people select representatives to govern them and make laws.

Reserved Powers (State)

Powers granted to the states, to which they are only able to do, not the national government

Second Amendment

Rights to bear arms

Separation of Powers

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

Shays’ Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure on their farms.

Sixth Amendment

Right to a speedy and public trial by a local, impartial jury; Right to be informed of charges against oneself; Right to legal counsel; Right to compel the attendance of favorable witnesses; Right to cross-examine witnesses.

Supremacy Clause

Makes clear that the Constitution, federal laws, federal regulations, and treaties take superiority over similar state laws.

Tenth Amendment

Powers not delegated to the national government or denied to the states are reserved for the states or the people.

Terms of House, Senate, Judiciary, President

House: 2 year terms; Senate: 6 year terms; Judiciary: Lifetime terms; President: 4 year terms

Thirteenth-Fifteenth Amendment passage

Abolished slavery, granted citizenship to each person, granted more rights to African-Americans, and prohibited discrimination on the basis of race in determining voter eligibility.

U.S. Constitution

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

Virginia Plan

The proposal at the Constitutional Convention that called for representation of each state in Congress to be proportional to its population.

Weaknesses of the Articles of Confederation

Congress lacked the power to regulate commerce and a weak and ineffective national government

Writ of Habeas Corpus

A court order requiring authorities to explain to a judge what lawful reason they have for holding a prisoner in custody.