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24 Cards in this Set

  • Front
  • Back

Marbury v. Madison (1803)

The 1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress.

Natural Rights Theory

The theory that all people have rights under natural law. The Declaration of Independence lists them as "life, liberty, and the pursuit of happiness."

Principles of Government

Ideas about how government should be run, what rights the people have, etc.

Amendment Process

PHASE ONE: PROPOSAL


•Congress: 2/3 vote in each house


OR


•National Convention: requested by 2/3 of the states



PHASE TWO: RATIFICATION


•State Conventions: vote of 3/4 of the states


OR


State Legislatures: vote of 3/4 of the states

Amendment

The act or process of revising something – especially the U.S. Constitution.

Ratification

The approval from the legislative branch required to validate government agreements.

Checks and Balances

Features of the constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.

Judicial Review

The power of the courts to determine whether acts of Congress and the executive are in accord with the U.S. Constitution. It was established by Marbury v. Madison.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Bill of Attainder

A legislative act that punishes people without a judicial trial.

Ex Post Facto Law

A law that punishes people or increases the penalties for acts that were not illegal or not as punishable when the act was committed.

Separation of Powers

A feature of the Constitution that requires the three branches to be relatively independent of the others so that one cannot control the others. Power is shared among these three.

Factions

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

Shays' Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings. (1786)

Articles of Confederation

The United States' first Constitution, adopted by Congress in 1777 and enacted in 1781. Established a national legislature and the Continental Congress, but most authority rested with the state legislatures.

Connecticut (Great) Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, where representation is based on population; and the Senate, in which each state has two representatives.

Republic

A form of government in which the people select representatives to govern them and make laws.

Writ of Habeas Corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Consent of the Governed

The idea that government derives its authority by consent of the people.

Virginia Plan

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.

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.

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Anti-Federalists

Opponents of the US Constitution at the time when the states were contemplating its adoption.

Federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.