Mad Minute #2

Constitutional Convention

Constitutional Convention

chuck articles and create new constitution, GW is elected president of convention (brings in southern states), many groups were not represented

legislative branch

the branch of government that makes the laws

executive branch

the branch of government that carries out laws

judicial branch

the branch of government that interprets laws

articles of confederation

A weak constitution that governed America during the Revolutionary War, negotiated end of Revolution, developed new states (Land Ordinance of 1783), could not tax citizens, have an army, or control states

unicameral

One-house legislature

shay's rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings, showed weakness of Articles, the government can't respond in times of crisis

Annapolis Meeting

Meeting that spurred the Constitutional Convention, the idea of Alexander Hamilton. Delegates met to discuss the economic trouble and lack of government throughout the states, first meeting to revise AOC, only 5 states show up, turns into Pennsylvania meeting (CC) (Shay's Rebellion hadn't happened yet)

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, Madison believed that property created factions and that factions were a threat to constitutional republic, like an interest group

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, congressional representation, House of Representatives and the Senate

bicameral

Two house legislature

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody, individual right addressed at the Constitutional Convention

ex post facto law

a law that makes an act criminal although the act was legal when it was committed, individual right addressed at the Constitutional Convention

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law, checks and balances instead of a total separation of powers,

federalists

supporters of the Constitution

Federalist No. 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Federalist No. 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Anti-Federalists

people who opposed the Constitution

Brutus No. 1

This work by a prominent Anti-Federalist argued that that the new federal government would be too powerful. In particular, he pointed to the necessary-and-proper clause and the supremacy clause. In addition, he objected to Congress's power to tax and raise a standing army and to the vast size of the proposed republic. He felt this powerful new government would supplant the states.

federalism

A system in which power is divided between the national and state governments

unitary government

A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments.

confederal government

a form of government in which states hold power over a limited national government

supremacy clause

Constitution is the supreme law of the land (federal over state), in a conflict between federal and state, the federal government will win

enumerated powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

implied powers

Powers inferred from the express powers that allow Congress to carry out its functions

necessary and proper clause

constitutional authorization for Congress to make any law required to carry out its powers

which article is the legislative?

Article 1

Which article is the executive branch?

Article 2

Which article is the judicial branch?

Article 3