Constitution

Unit: Constitution

Vocab List

1. Federalists – Supporters of the Constitution

2. Anti-Federalists – Opposed to the Constitution

3. John Dickinson – Wrote Articles of Confederation

4. James Madison – Father of the Constitution

5. Founding Fathers – Men who wrote the Constitution

6. Bills – Proposed laws

7. Amendments – Changes to the Constitution

8. Duties – Taxes on imported goods

9. Popular sovereignty – Rule by the people

10. Federalism – Political system where power divided between national and state governments

11. Separation of Powers – Government power divided among different branches

12. Legislative Branch – Made up of two houses of Congress; Makes the laws

13. Executive Branch – Headed by the President; Implement and enforce laws passed by Congress

14. Judicial Branch – System of federal courts; Interpret federal laws and render judgment in cases

involving these laws

15. Checks and Balances – System which prevents one of the branches from becoming too powerful

16. Veto – Power of Chief Executive (President) to reject laws passed by the Legislative Branch

17. Impeach – Formally charge a public official with misconduct in office

Constitution Vocab

1. Sovereignty – Power

2. Virginia Statute for Religion Freedom (1779) – Written by Jefferson; creates a wall of separation

between church and state

-drafted in 1777; put in power 1779; accepted 1786???

-No states gave financial support to any religious group

-The Anglican Church, which formerly had been closely tied to the king’s gov’t, was disestablished in the

South (lost state support)

-only 3 N.E. states; NH, CT , & Mass; did the Congressional Church continue to receive state support in the

form of a religious tax; discontinued early 19th century

3. Articles of Confederation (AOC) – (1777) – Drafted by John Dickinson; first national constitution of the

U.S. which include state sovereignty

-talk about what States’ Rights are

-drafted in 1776 @ same time as when TJ was writing the D.O.I.

-Congress modified to protect individual states’ rights

-delayed for ratification b/c seaboard states such as R.I. & M.D. demanded that new territory west of

Alleghany Mountains put under jurisdiction of new central gov’t; New York & Virginia finally agree

= ratified March 1781

-consisted of 1 body (unicameral) = Congress; each state 1 vote; ratification 9 of 13 states

-unanimous vote required to amend Articles

=had no separate executive or judiciary (court system); only 1 house congress

-A Committee of States, w/ 1 representative from each state, could make minor decisions when full

congress not in session

-HAD MAJOR FLAWS: no executive power to enforce own laws = WEAK CENTRAL GOV’T

4. Land Ordinance of 1785 – 640 acre towns at $1 per acre where 1 section per town for public

education

-created under the A.O.C.

5. Northwest Ordinance (1787) -

a. Sets up 5 states (originally set up for 3) (Wisconsin, Michigan, Ohio, Illinois, Indiana)

b. 5,000 voters for a territory

c. 60,000 voters for a state

d. no slavery

e. Fugitive Slave Law (completely un-enforced / local authorities supposed to help)

-voter = white male property owner

6. Depression – Severe economic downturn in the economy

-during this time period: reduce foreign trade; limited credit due to nonpayment of war debts; inability

to levy national taxes; printing of worthless paper $

-13 states treated each other w/ suspicion; competed for economic advantages; put tariffs on one

another; restricted movements of goods across state lines

7. Deflation – more goods than $ in the economy

7.5 Inflation – More $ in the economy then goods

8. Shays’s Rebellion 1786 – Mass. Farmer who revolts over high taxes, imprisonment for debt, and lack of

paper $

-In Continental Army; thought he was owed for him fighting

-Inspires Continental Convention; frightens other colonies

-Jan. 1787 Shays and his followers attempts to seize weapons from Springfield armory; state militia of

Massachusetts broke the rebellion

-Samuel Adams draws up the Riot Act – authorities can jail anyone w/out trial

““Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against

the laws of a republic ought to suffer death””

-Shays’s army routed – Shays dies in poverty 1788 after being pardoned

Thomas Jefferson –

“A little rebellion now and then is a good thing… God forbid we should ever be

twenty years without such a rebellion… the tree of liberty must be refreshed from time to time with the

blood of patriots and tyrants”

Mount Vernon Conference/Convention (1785) – G.W . held a conference in his home @ Mt. Vernon, VA; 4

states show (VA, MD, PA, DE). Agree that the AOC problems are significant enough to have another

convention

Mt. Vernon Conference -original conference hosted by G.W . @ his home @ Mt. Vernon, VA in 1785

-4 states (VA, MD, DE, PA) agree problems large enough = another convention = Annapolis Convention

9. Annapolis Convention 1786 - 5 of 13 states attend (NJ joins)

a. Setup trade agreements

b. calls for a new convention

-@ Annapolis, MD; only 5 states show;

-Hamilton & Madison convince other states another convention should be held in Philly to revise the

A.O.C.

10. Constitutional Convention (Philly 1787) – Meeting in Philly to amend the Articles of Confederation;

attended by 12 out of 13 states (55 white male delegates; no R.I.)

-

“for the sole and express purpose of revising the Articles of Confederation”

-R.I. did not trust the other states

-55 white male property owning delegates; wealthy; avg age early 40’s; lawyers & politicians; some

wrote own state constitutions

-worked in secret until work was completed

-G.W . unanimously elected chairperson

-directed by James Madison, Alexander Hamilton, Gouverneur Morris, & John Dickinson; all represented

different states but had same goal = strengthen the young nation

-many important figures weren’t there = John Jay, TJ, John Adams, & T Paine were on diplomatic missions

abroad; Sam Adams & John Hancock not invited; Patrick Henry refused to attend (opposed any growth in

federal power)

-after 17 weeks: draft was ready (Sept 17, 1787); needed 9 out of 13 states to ratify;

- took till June 1788 to ratify

11. James Madison – Father of the Constitution & creator of the Virginia Plan

12. Virginia Plan – Calls for a bicameral legislature based on a proportional representation which

included a Chief Executive; includes national sovereignty

-clearly favors large states (such as VA & PA)

13. Bicameral – 2 house system

-w/in Congress you have House & Senate

14. Proportional Representation – idea that the more people you have the more representation (House

of Representatives)

(California = 54 / Wyoming = 1)

15. Equal Representation – 1 state, 1 vote

16. NJ Plan – calls for a unicameral legislature based on equal representation

17. William Paterson – Created the NJ Plan and champion of small states rights

18. Roger Sherman – Created the CT Plan aka Great Compromise

19. Great Compromise – Current 2 house system (2 house Congress)

a. each state would be given equal representation in Senate

b. representation in the House of Representatives based on size of population

c. National sovereignty

d. Chief executive

20. 3/5ths Compromise – Every 5 slaves count as 3 people for determining state’s level of representation

& taxation

-further = guarantee that slaves could be imported for at least 20 years longer (1808), at which time

Congress could vote to abolish the practice =

“Sunset Ban” add towards definition

21. Commercial (Tariff) Compromise – Congress / National gov’t can:

a. regulate interstate & foreign commerce

b. place tax on imports BUT NOT exports

-northern states wanted the central gov’t to regulate interstate commerce and foreign trade

-southern states were afraid that export taxes would be placed on its agricultural products, such as

tobacco & rice

22. Federalists – Party that favored a strong national government, wealthy interests, and close

association w/ British

-mainly (NOT ALL) on Atlantic coast & large cities

23. Anti-Federalists – Party that favored strong state governments, small family farms, and close

association w/ France

-mainly (NOT ALL) small farmers and settlers on the frontier

24. The Federalist Papers– Written anonymously by Hamilton, Madison, and Jay in favor of the

Constitution

-meant to rally support to ratify the Constitution

-series of 85 essays; presented convincing/logical reasons for believing in the practicality of each major

provision of the Constitution

-Anti-Federalists were slow to react to The Federalist Papers

25. Bill of Rights – first 10 amendments in the constitution that guaranteed rights for every American

1788 Federalist had the necessary 9 states needed for ratification for Constitution

-biggest & most important states VA & NY DID NOT RATIFY YET; w/out them any chance for national unity

and strength would be in dire jeopardy

-Federalist promised a Bill of Rights = VA ratifies, followed by NY (1788)

-Nov 1789 = North Carolina ratifies ; May 1790 = Rhode Island ratifies = both reverse their original

decision

-Anti-Federalists desperately wanted a B.O.R., they argued:

= just fought Rev War to escape tyranny of a central gov’t in Britain, what is stopping a strong central

gov’t under the Constitution from acting in a tyrannical manner? = only adding B.O.R. could Americans

be protected against such as a possibility

-Federalists argued:

=members of Congress would be elected by the people they did not need protection against themselves

=it was better to assume that all rights were protected than to create a limited list of rights, since

dishonest/crooked officials could then assert that unlisted rights could be violated at will

-Federalist back down in order to adopt Constitution in ratifying conventions

-drafted largely by James Madison

-adopted in 1791

Bill of Rights

1) Freedom of: a) Speech; b) Religion; c) Press; d) Petition; e) Assembly

2) Right to: a) Bear Arms; b) Have a well-regulated militia

3) Quartering soldiers during peacetime w/out consent of owner

4) Unreasonable search and seizure w/out probable cause; need a warrant

5) a) trial by jury; b) no double jeopardy; d) cannot be deprived of life, liberty, or property w/out due process;

e) private property cannot be taken for public use w/out compensation

c) cannot be witness against yourself;

6) Criminal Prosecutions: a) right to a speedy & public trail; b) jury in state & district where crime

committed; c) must be informed of the nature & cause of the accusation/crime; d) confront the

witnesses against him/her; e) obtain witnesses if your favor; f) can obtain counsel in defense

7) Common Law: can request a jury if private concern in excess of $20

8) No: a) excessive fines or punishment; b) cruel or unusual punishment

9) Just because it is not in the Constitution does not mean it doesn’t exist

10) If it is not delegated in the Constitution/Fed Gov’t; it is reserved to the States or the Peopl

Unknown

e