Chapter 2 - The Constitution

3/5 Compromise

An agreement that determined for representation and taxation, each enslaved person counted as ⅗ of a person.

Ratification

Formal approval of the Constitution, requiring approval by 9 out of 13 states through special ratifying conventions.

Federalists

Supporters of the Constitution who favored a strong central government.

Anti-Federalists

Opponents of the Constitution who favored strong state governments and were concerned about the lack of a Bill of Rights.

The Federalist Papers

A series of essays defending the Constitution and explaining the need for a strong federal authority.

Bill of Rights

The first 10 amendments to the Constitution, adopted in 1791, that protect individual freedoms.

Amending the Constitution

The process defined in Article V that involves proposal by ⅔ of Congress or state legislatures and ratification by ¾ of states.

Judicial Review

The power of courts to declare laws or executive actions unconstitutional, established in Marbury v. Madison (1803).

Checks and Balances

A system where each branch of government limits the powers of the others to prevent abuse.

Separation of Powers

The division of government into three branches: Legislative, Executive, and Judicial.

Ex post facto laws

Laws that make an act illegal retroactively, which are forbidden by the Constitution.

Writ of habeas corpus

A legal order requiring that a person held in custody be brought before a court to determine if they're being unlawfully detained.

Bills of attainder

Legislative acts declaring a person guilty of a crime without a trial, prohibited by the Constitution.

Modern Analogy of Federalists vs. Anti-Federalists

Patterson notes that Anti-Federalists resemble modern conservatives, while Federalists resemble modern liberals.

Core goals of Constitutionalism

Self-government and preserving liberty, ensuring the government does not become tyrannical.

Grants of Power

Government can only exercise powers explicitly given by the Constitution.

Denials of Power

Specific prohibitions on what the government cannot do, such as making ex post facto laws.