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22 Cards in this Set

  • Front
  • Back
Judicial Review
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision establish the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789
Equal Rights Amendment
A constitutional amendment passed by Congress in 1972 stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on the account of sex.” The amendment failed to acquire necessary support from three-fourths of the state legislatures
Federalist Papers
The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants’ rights
Anti-Federalists
A collection of 65 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution in detail
Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption
Republic
A form of government in which the people select representatives to govern them and make laws
Checks and Balances
Features of the Constitution that limit the government’s power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another’s activities.
Seperation 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 shred among these three institutions
Writ of habeas corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody
Connecticut Compromise
The compromise reached at the Constitutional Convention that established two houses of Congress: The House of Representatives, in which representatives us based on a state’s share of the U.S. population, and the Senate, in which each state has two representatives
Virginia Plan
The proposal at the Constitutional Convention that called for representation of each state in representation of each state in Congress in proportion to the state’s share of the U.S. 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
Factions
Interest groups arising from the 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
U.S. Constitution
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation
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
Articles of Confederation
The constitution of the United States adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures
Limited Government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens
Consent of the Governed
The idea that government derives its authority by sanction of the people
Natural Rights
Rights inherent in human beings. Not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke’s theories about government, and was widely accepted among America’s founding fathers
Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
Constitution
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 unwritten.