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30 Cards in this Set

  • Front
  • Back

Natural Rights

The believe that all people possess certain basic rights that may not be abridged by government

Magna Carta

Historic British document signed by King John (1215) in which nobles confirm the power of the king was not absolute

Common Law

Cumulative body of judicial decisions custom and precedent rather than law created by statute

Mayflower Compact

Before Pilgrims landed in America they made plans to establish a government under the rule of law

Committees of Correspondence

A political communications network established in 1772 by Samuel Adams to unite colonists in their fight against British rule

Articles of Confederation

Written framework for government of 13 original States before Constitution was adopted. under these, the national government was weak and dominated by states there was a unicameral legislature but no National Executive or Judiciary

New Jersey Plan

Plan offered at Constitutional Convention written by William Paterson. favored by small states called for one vote for each state in legislature and executive of more than one person to be elected by Congress and the Supreme Court appointed by the executive branch

Virginia Plan

Plan offered at Constitutional Convention favored large states called for a two house legislature Lower House chosen by people Upper House chosen by a lower house and the National Executive and national judiciary chosen by legislature

Great Compromise

Plan adopted during Constitutional Convention of 1787 providing for House of Representatives based on population of the Senate with two members per state

Supremacy Clause

Article five paragraph 2 of the Constitution which declares the Constitution laws and treaties of the US made under it are "the supreme law of the land" and prevail over any conflicting state constitutions/laws

Federalism

A system of government characterized by constitutional sharing of power between the national government and regional units of government

Separation of powers

Principle that each of three branches of government is constitutionally equal to and independent of the others

Checks and balances

Provisions of the Constitution that divides power among three constitutional equal and independent branches of government in hopes of preventing a single branch from becoming too powerful

Shared powers

Fused or overlapping of power/functions among the separate branches of government

Judicial review

Power of Supreme Court to declare an act of Congress or actions of the executive branch- or actions at any level of local state and federal government unconstitutional

Ratification

Official way of confirming something usually by a vote

Antifederalists

Those who opposed ratification of the Constitution

Federalists

Those who supported the Constitution during struggle to ratify it at Constitutional Convention

The Federalist papers

A series of letters published in late 1780's by Alexander Hamilton, James Madison, and John Jay to explain and help bring about the ratification of the Constitution

Flexible Construction

Principal established by John Marshall in 1819 in the case of McCullouch vs Maryland that the Constitution must be interpreted flexibly to meet changing conditions

Elastic Clause

Article 1 section 8 of the Constitution that allows Congress to make all laws that are necessary and proper to carry out powers of the Constitution

Writ of Habeas Corpus

Writ designed to protect against illegal imprisonment by requiring a person who is detained to be brought before a judge for investigation

Bill of Attainer

A law aimed at a particular individual prohibited by the Constitution

Ex Post Facto Law

Law that punishes act that was not illegal at the time it was committed. prohibited by Constitution

Bill of Rights

The first 10 amendments of the Constitution set forth basic protection for individuals

Due Process Clause

Clause to protect the rights of individuals against police power of the state

Equal Protection Clause

The provision of the 14th amendment that seeks to guarantee equal treatment for all people 14th and 15th amendments

Poll tax

Tax on voting abolished by 24th amendment in 1964 long used by Southern states to keep blacks/poor from participating in elections

Equal Rights Amendment

Proposed amendments to Constitution and attending discrimination against women stated equality of rights under the law shall not be denied or a bridge by the US or any state on account of sex but was defeated in 1982

Line-item veto

Proposed amendment to give president power to veto parts of appropriations bills passed by Congress