Constitutional Foundations
Terms
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- 10th Amendment
- The final part of the Bill of Rights that declares "the powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
- advice and consent
- Power of the Constitution grants the US Senate to give its advice and consent to treaties and presidential appointment of federal judges, ambassadors, and cabinet members
- amendment process
- The means spelled out in Article V by which formal changes in, or addition to, the Constitution are made
- anti-federalist
- A person opposed to the adoption of the Constitution because of its centralist tendancies and who attacked the Constitution's framers for failing to include a Bill of Rights
- Articles of Confederation
- The compact made among the 13 original states to form the basis of their government
- bicameral legislature
- A legislature made up of two parts. The US Congress is an example
- Bill of Rights
- The first 10 amendments to the US Constitution. Listing of freedoms that a person enjoys and cannot be infringed on by the government
- checks and balances
- A major principle of the US governmental system whereby each branch of government exercised a limiting power on the actions of the others and in which powers are distributed among the three branches in a manner designed to prevent tyranny
- confederation
- A political system in which states or regional governments have ultimate authority except for those powers expressly delegated to a central government
- delegates to ratifying conventions
- Representatives from each of the 13 original states who attended their state conventions to ratify the Constitution. Delegates were chosen by special elections
- Democratic-Republican
- The political party founded by Thomas Jefferson in 1792. It was dissolved in 1828
- elastic clause
- The final paragraph of Article I, section 8 of the Constitution, which grants Congress the power to choose whatever means are necessary to execute its specifically delegated powers
- electoral college
- The group of electors selected by the voters in each state and Washington DC
- enumerated powers
- Powers specifically granted to the national government by the Constitution.
- faction
- A group in a legislature or party acting in pursuit of some special interest or position
- federalist
- A person who supported the adoption of the new Constitution and the creation of the federal union
- Federalist #10
- A Federalist Paper written by James Madison that discusses factions (or single interest groups) that seek to dominate political process
- Federalist Papers
- A group of 85 essays to persuade people in NY to adopt the Constitution, which had recently been drafted in Philly.
- Great Comprimise, The
- Compromise reached during the Constitutional Convention of 1787 between NJ and VA pland, creating a bicameral government with states represented equally in the Senate and by population in the House of Representatives
- Alexander Hamilton (1755-1804)
- The first US Secretary of the Treasury. Established the National Bank and public credit system.
- implied powers
- Authority possessed by the national government by inference from those powers delegated to it in the Constitution
- interstate commerce
- The buying and selling of commodities, transportation and other commercial dealings across state lines
- judicial review
- Power of courts to judge legislative or executive acts unconstitutional. National and State courts hold this power
- James Madison (1751-1836)
- 4 US President (1809-1817). Member of the Continental Congress and Constitutional Convention
- Madisonian model
- Espoused a system of checks and balances and harmony among different interests
- Marbury v. Madison (1803)
- First case to strike down an act of Congress unconstitutional.
- nullification
- Declaring something null or void.
- ratification
- The formal approval, as of a law or Constitutional amendment
- seperation of powers
- Principle that divides US government among 3 branches - devised to prevent and one branch from gaining too much power and to prevent the same agents from making, enforcing and interpreting the laws
- Shay's Rebellion
- An armed revolt by farmers in Massachusetts in 1786-87, seeking relief from debts and possible foreclosure of mortgages
- state
- A political community with a specific territory, organized government and internal and external sovereignty OR smaller subunits within a federal government system
- super majorities
- Defined voting blocks of greater than 51% needed to approve a proposal
- supremacy clause
- provision of the Constitution that makes the Constitution, federal government and federal laws superior to state and local laws that contradict them
- unicameral legislature
- A legislature made up of only one legislative body
- writ of habeas corpus
- Court order requiring a jailer to bring a person to a court and explain the charges on which he is being held. If sufficient cause for imprisonment is not produced, the prisoner must be released
- writ of mandamus
- An order issued by a court to compel performance of an act