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- tags "The Constitution"
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- fileName "AP gov chap 2"
- A nation's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Can be written or non-written.
Declaration of Independence
The document approved by representatives of American colonies in 1776 that stated their grievances against the British monarch and "declared their independence.
Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. Concept came from John Lock.
Consent of the governed
The idea that government derives its authority by sanction of the people.
The idea that certain restrictions should be placed on the government to protect the natural rights of citizens.
Articles of Confederation
The first constitution of the United States, adopted by congress in 1777 and enacted in 1781. They established a national legislature, and the Continental Congress, but most authority rested with the state legislatures. A very weak and limited central government. (it fails miserably)
A series of attacks on courthouses by a small band of farmers led by War Captain Daniel Shays to block foreclosure proceedings. Scared slit class, who would remember in the writing of the constitution. (look it up)
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of US government and the tasks these institutions perform. It replaced the Articles of Confederation.
Interest groups arising from unequal distribution of property or wealth that James Madison attacked in Federalist Paper NO. 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by factions.
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the US population.
The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the US population, and the Senate, in which each state has two representatives.
Writ of habeas corpus
Protection of the constitution. A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
Protections of the Constitution
- Writ of habeas corpus: you get to know what your being charged with.
- No bills of attainder: they punish people w/ out a trial
- Prohibits passing ex post facto laws: punish people for for acts not illegal when committed
- Treason: strict rules
- No religios qualifications
Separation of powers
A feature of the constitution that requires each of the three branches of government (executive, legislative, and judicial) to be relatively independent of the others so that one cannot control the others. Power is shared
Checks and balances
Features of the constitution that limit government's power by requiring that power be balanced among the different governmental institutions, which should constrain one another's activities.
A form of government in which the people select representatives to govern them and make laws.
Supporters of the US constitution at the time the states were contemplating its adoption. Would become one of the first major parties in the US.
Opponents of the American Constitution at the time when the states were contemplating it's adoption. Feared the new government would restrict liberty.
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publis" to defend the constitution in detail.
Bill of Rights
The first 10 amendments to the US constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion speech etc.
Marbury v. Madison
The 1803 case in which Chief Justice John Marshal and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. Established judicial review.
The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the US constitution. Judicial review was established by John Marshall and his associates in Marburg v. Madison.