Chapter 1 Key Terms

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constitution

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a nation’s basic law. Creates political institutions, assigns or divides powers in government and often provides certain guarantees to citizens. It can be written or unwritten.

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Declaration of Independence

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the document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

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natural rights

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rights inherent in human beings, not dependent on governments, which include life, liberty and property, according to Locke. 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.

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consent of the governed

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the idea that government derives its authority by sanction of the people (in other words, government has authority because the people grant it that authority).

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limited government

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

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Articles of Confederation

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made up the first 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.

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Shay’s Rebellion

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a series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shay to block foreclosure proceedings. This was the first rebellion after the Revolutionary War, and was put down by a privately paid force.

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U.S. Constitution

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the document written in 1787 and ratified in 1788, that sets forth the institutional structure of the United States government and the tasks these institutions performed. It replaced the Articles of Confederation.

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factions:

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interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Papers #10. Today’s parties or interest groups are what Madison had in mind when he warned of the instability in government caused by factions.

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New Jersey Plan

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This plan was the proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state’s population.

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Virginia Plan

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This plan was the proposal at the Constitutional Convention that called for representation of each state in the Congress in proportion to that state’s share of the US population.

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Connecticut Compromise:

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This was the compromise reached at the Constitutional Convention that established two houses of Congress, the House of Representatives (in which representation is based on the state’s share of the US population) and the Senate (in which representation is the same for every state). It combined the New Jersey and Virginia plans.

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writ of habeus corpus

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

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separation of powers

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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 shared among these three institutions.

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checks and balances

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the features of the Constitution that limit government’s power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another’s activities.

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republic

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

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Federalists:

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

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Anti-Federalists

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opponents of the American Constitution at the time when the states were contemplating its adoption.

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Federalist Papers

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

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Bill of Rights

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the first ten amendments of the US Constitution, drafted in response to some of the Anti-Federalists’ concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants’ rights.

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Equal Rights Amendment

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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 account of sex. The Amendment failed to acquire the necessary support from ¾ of the state legislatures so it failed.

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Marbury v. Madison

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the 1803 court case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

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Judicial review

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the power of the courts to determine whether acts of Congress (and by implication, of the executive) are in accord with the US Constitution. Judicial review was established by John Marshall and his associated in Marbury v. Madison.