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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 |
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Magna Carta |
Historic British document signed by King John (1215) in which nobles confirm the power of the king was not absolute |
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Common Law |
Cumulative body of judicial decisions custom and precedent rather than law created by statute |
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Mayflower Compact |
Before Pilgrims landed in America they made plans to establish a government under the rule of law |
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Committees of Correspondence |
A political communications network established in 1772 by Samuel Adams to unite colonists in their fight against British rule |
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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 |
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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 |
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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 |
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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 |
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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 |
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Federalism |
A system of government characterized by constitutional sharing of power between the national government and regional units of government |
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Separation of powers |
Principle that each of three branches of government is constitutionally equal to and independent of the others |
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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 |
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Shared powers |
Fused or overlapping of power/functions among the separate branches of government |
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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 |
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Ratification |
Official way of confirming something usually by a vote |
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Antifederalists |
Those who opposed ratification of the Constitution |
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Federalists |
Those who supported the Constitution during struggle to ratify it at Constitutional Convention |
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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 |
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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 |
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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 |
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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 |
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Bill of Attainer |
A law aimed at a particular individual prohibited by the Constitution |
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Ex Post Facto Law |
Law that punishes act that was not illegal at the time it was committed. prohibited by Constitution |
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Bill of Rights |
The first 10 amendments of the Constitution set forth basic protection for individuals |
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Due Process Clause |
Clause to protect the rights of individuals against police power of the state |
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Equal Protection Clause |
The provision of the 14th amendment that seeks to guarantee equal treatment for all people 14th and 15th amendments |
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Poll tax |
Tax on voting abolished by 24th amendment in 1964 long used by Southern states to keep blacks/poor from participating in elections |
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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 |
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Line-item veto |
Proposed amendment to give president power to veto parts of appropriations bills passed by Congress |