Chp 2 Key terms

implied powers

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

executive powers clause

The 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

The 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.

judicial review

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

Impeachment

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

necessary and proper clause

The part of Article I, Section 8, of the Constitution that grants Congress the power to pass all laws related to its expressed powers; also known as the elastic clause.

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.

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 Armies” and the president’s power as commander in chief.

Bill of Rights

The first 10 amendments to the Constitution; they protect individual rights and liberties.

National supremacy clause

The part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the United States are the “supreme Law of the Land,” meaning national laws take precedence over state laws if the two conflict.

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 to the states or the people.

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 the parliament.

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 representation would be based on population (also known as the Connecticut Compromise).

New Jersey Plan

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

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.

Pluralism

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

natural rights

Also known as “unalienable rights,” these rights are defined in the Declaration of Independence as “Life, Liberty, and the pursuit of Happiness.” The Founders believed that upholding these rights should be the government’s central purpose.

popular sovereignty

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

Republicanism

As understood by James Madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government. Our form of government is known as a republican democracy.

Shays’s Rebellion

An uprising of about 1,500 men in Massachusetts in 1786 and 1787 to protest oppressive laws and gain payment of war debts. The unrest prompted calls for a new constitution.

Monarchy

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

limited government

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

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.

Three Fifths Compromise

The states’ decision during the Constitutional Convention to count each enslaved person as three

Federalists

Those at the Constitutional Convention who favored a strong national government and a system of separated 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.