Ch 2. The US Constitution

American Gov.

The Articles of Confederation

The first constitution for the central government of the United States, which operated between 1781 and 1788.

Confederacy

A system with a central government and state governments, but that is set up so the states maintain as much sovereignty and independence as possible.

Unicameral Legislature

A legislature with only one chamber or house.

According to Alexander Hamilton, what was “the great and radical vice” in the design of the Articles of Confederation?

the principle of legislation for states or governments in their corporate capacities

Why did this “vice” contribute so greatly to the weakness of the Articles of Confederation?

Because the national government under the Articles of Confederation could only make requests to the states and could not directly enforce its laws on individuals.

Constitutional Convention/Philadelphia Convention

the meeting in Philadelphia between May and September of 1787 at which 55 delegates from 12 of the 13 states wrote the original U.S. Constitution that would be ratified in 1788.

Original Constitution

A common way of referring to the pre-amended U.S. Constitution that was signed at the Constitutional Convention in Philadelphia in September of 1787 and that was ratified in 1788.

Bill of Rights

Name given to the first ten amendments to the U.S. Constitution, all of which were ratified in 1791, and which are the primary source of civil liberties in the U.S. Constitution.

Founders’ Constitution

That part of the U.S. Constitution that was written and ratified by the first generation (aka the Founding Fathers). It consists of the Original Constitution, Bill of Rights, 11^th Amendment, and 12^th Amendment.

the Great Compromise

sought to solve the disagreement between large and small states at the Constitutional Convention over how to apportion seats in Congress.

the Virginia Plan/Large State Plan

called for proportional representation in Congress, which was the scheme of representation favored by states with larger populations. Name given to James Madison’s proposal (the first submitted at the Constitutional Convention) to replace the Articles of Confederation with a strong national government with extensive legislative authority.

the New Jersey Plan/Small State Plan

called for equal state representation in Congress, which was the scheme of representation favored by states with smaller populations. Name given to William Paterson’s proposal to moderately reform the Articles of Confederation while maintaining its basic confederal structure of government.

the Three-Fifths Compromise

Name given to the decision by antislavery delegates at the Constitutional Convention to accommodate the demand by slave states that they be allowed to count their slaves as whole persons for purposes of apportioning seats in the House of Representatives.

the Electoral College

System established by the U.S. Constitution for selecting presidents.

Slave Trade Clauses

It allowed the slave trade to continue for at least 20 years after the Constitution was adopted.

Fugitive Slave Clauses

Part of the Founders’ Constitution that granted slave owners a constitutional right to recapture runaway slaves who had fled to other states, including states where slavery was illegal, and took away the right of states to pass laws to protect and/or emancipate runaway slaves.

federalism

pinciple of government that means authority is partly divided and partly shared between the federal (aka central or national) government and the state governments.

popular sovereignty

The idea that the people of a particular territory have the highest authority to rule over that territory, and therefore only they have the right to create or alter the constitution by which the government derives its authority.

direct democracy

A form of democratic government in which all of the citizens directly participate in making and enforcing laws.

representative democracy

A form of democratic government in which the citizens who make and enforce laws are accountable to and do so on behalf of the majority of citizens who do not directly participate in making and enforcing laws.

bicameralism

A legislature with two chambers or houses and there is an upper chamber and lower chamber.

separation of powers

Principle of government that means legislative, executive, and judicial powers are exercised by three separate branches of government consisting of distinct institutions that are staffed by officials who serve in only one institution at a time.

Checks and balances

A system in which each branch of government (legislative, executive, and judicial) has distinct powers that enable it to limit or “check” the actions of the other branches, ensuring that no single branch becomes dominant and that the branches remain separate and accountable.

civil liberties

Legal rights designed to protect individuals from abuse of power by government.

Supremacy Clause

A provision in Articled VI of the U.S. Constitution that declares the U.S. Constitution the supreme law of the land.

The Federalist Papers

85 essays written by Alexander Hamilton, James Madison, and John Jay (under the pseudonym “Publius”) between October 1787 and August 1788.

Federalists

Name given to those who supported ratification of the original U.S. Constitution during the ratification debate in 1787-1788.

Anti-federalists

Those who opposed ratification of the original U.S. Constitution during the ratification debate in 1787-1788. 

According to the textbook, what was the primary obstacle to amending the Articles of Confederation?

by unanimous consent of all 13 state legislatures. 

How did the Founders get around the obstacle of amending the Articles of Confederation?

decided that the government needed such extensive reform that they should instead write an entirely new constitution

What were the two most heated points of contention at the Constitutional Convention that made it difficult to create a constitution acceptable to the people of every state in the union?

Representation in Congress and slavery.

What were 4 ways the Original Constitution protected slavery?

Three-Fifths Clause

Slave Trade Clause

Fugitive Slave Clause

Protection of slave states’ political power

What are the six design principles of the original U.S. Constitution?

Popular Sovereignty

Limited Government

Separation of Powers

Checks and Balances

Federalism

Judicial Review

Did the federal system created by the U.S. Constitution give state governments more or less power and independence compared to what they had under the Articles of Confederation?

Less power

How does the Constitution’s Preamble reflect the principle of “popular sovereignty”?

The phrase “We the People” shows that the people are the source of government power.

Why did the Founders choose a bicameral legislature instead of a unicameral one?

to balance power between large and small states and prevent any one group from dominating Congress.

Which group—the Federalists or the Antifederalists—supported ratification of the U.S. Constitution?

the Federalists

Which opposed ratification?the Federalists or the Antifederalists—

the Antifederalists

Why were the Federalist Papers written?

to persuade Americans to support ratification of the Constitution.

What are the general subject matter of Article I, Article II, Article III, and Article V of the Constitution.

Article I — Establishes the Legislative Branch (Congress) and explains its powers.

Article II — Establishes the Executive Branch (President) and explains its powers.

Article III — Establishes the Judicial Branch (courts and Supreme Court) and explains its powers.

Article V — Explains the process for amending (changing) the Constitution.

the Reconstruction Amendments

Three amendments (the 13^th, 14^th, and 15^th) to the U.S. Constitution passed during the Reconstruction Era

Birthright citizenship

The constitutional rule (established in the first clause of the 14^th Amendment) that every person (regardless of race, ethnicity, religion, etc.) born in the United States is, by right of birth, a citizen of the United States.

the Second Founding

A way of referring to the transformative effect (and potential) of the Reconstruction Amendments.

What did each of the Reconstruction amendments declare?

13th Amendment – Abolished slavery in the United States.

14th Amendment – Granted citizenship to all persons born or naturalized in the U.S. and guaranteed equal protection under the law.

15th Amendment – Prohibited denying the right to vote based on race, color, or previous condition of servitude.

In what ways did the Reconstruction Amendments transform the Founders’ Constitution—particularly with respect to slavery and white supremacist views of American citizenship? 

by shifting it from a system that tolerated slavery and unequal citizenship to one that formally promised freedom, citizenship, and political rights regardless of race