Constitutional Foundations

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10th Amendment

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The final part of the Bill of Rights that declares "the powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"

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advice and consent

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Power of the Constitution grants the US Senate to give its advice and consent to treaties and presidential appointment of federal judges, ambassadors, and cabinet members

Hint 2

Article II, Section 2

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amendment process

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The means spelled out in Article V by which formal changes in, or addition to, the Constitution are made

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anti-federalist

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A person opposed to the adoption of the Constitution because of its centralist tendancies and who attacked the Constitution's framers for failing to include a Bill of Rights

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Articles of Confederation

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The compact made among the 13 original states to form the basis of their government

Hint 5

Officially adopted in 1781

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bicameral legislature

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A legislature made up of two parts. The US Congress is an example

Hint 6

House of Representatives and the Senate

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Bill of Rights

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The first 10 amendments to the US Constitution. Listing of freedoms that a person enjoys and cannot be infringed on by the government

Hint 7

Freedom of speech, press, religion

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checks and balances

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A major principle of the US governmental system whereby each branch of government exercised a limiting power on the actions of the others and in which powers are distributed among the three branches in a manner designed to prevent tyranny

Hint 8

House of Reps - elected directly by people of each state, # of reps determined by population
Senate - elected by state legislatures - each state has 2
President - elected indirectly by electoral college in each state
Judges - appointed by president with advice and consent of Senate

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confederation

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A political system in which states or regional governments have ultimate authority except for those powers expressly delegated to a central government

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Member governments voluntarily agree to limited restraints on their actions

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delegates to ratifying conventions

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Representatives from each of the 13 original states who attended their state conventions to ratify the Constitution. Delegates were chosen by special elections

Hint 10

9 of 13 states had to vote to ratify for the Constitution to become the law of the land

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Democratic-Republican

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The political party founded by Thomas Jefferson in 1792. It was dissolved in 1828

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elastic clause

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The final paragraph of Article I, section 8 of the Constitution, which grants Congress the power to choose whatever means are necessary to execute its specifically delegated powers

Hint 12

clause 18 - necessary and proper clause

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electoral college

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The group of electors selected by the voters in each state and Washington DC

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Officially elects the President and Vice President of the US

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enumerated powers

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Powers specifically granted to the national government by the Constitution.

Hint 14

First 17 clauses of Article I, Section 8

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faction

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A group in a legislature or party acting in pursuit of some special interest or position

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federalist

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A person who supported the adoption of the new Constitution and the creation of the federal union

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formed the 1st American political party - led by Alexander Hamilton and John Adams

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Federalist #10

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A Federalist Paper written by James Madison that discusses factions (or single interest groups) that seek to dominate political process

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Federalist Papers

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A group of 85 essays to persuade people in NY to adopt the Constitution, which had recently been drafted in Philly.

Hint 18

1787 - writen by Publius (aka: Alexander Hamilton, James Madison and John Jay)

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Great Comprimise, The

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Compromise reached during the Constitutional Convention of 1787 between NJ and VA pland, creating a bicameral government with states represented equally in the Senate and by population in the House of Representatives

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also called the Connecticut Compromise - rights to small and large states

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Alexander Hamilton (1755-1804)

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The first US Secretary of the Treasury. Established the National Bank and public credit system.

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implied powers

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Authority possessed by the national government by inference from those powers delegated to it in the Constitution

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interstate commerce

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The buying and selling of commodities, transportation and other commercial dealings across state lines

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Includes radio, TV, phone, telegraphic transmissions

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judicial review

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Power of courts to judge legislative or executive acts unconstitutional. National and State courts hold this power

Hint 23

Not stated in Constitution. Claimed in Marbury v. Madison (1803)

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James Madison (1751-1836)

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4 US President (1809-1817). Member of the Continental Congress and Constitutional Convention

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Wrote many of the Federalist Papers - No 10 & 51 most notably

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Madisonian model

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Espoused a system of checks and balances and harmony among different interests

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Constitution owes much to this model

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Marbury v. Madison (1803)

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First case to strike down an act of Congress unconstitutional.

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Constitution is supreme law of the land and duty of justice department to say what the law is

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nullification

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Declaring something null or void.

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Prior to Civil War states in South claimed a state could nullify a national law

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ratification

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The formal approval, as of a law or Constitutional amendment

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seperation of powers

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Principle that divides US government among 3 branches - devised to prevent and one branch from gaining too much power and to prevent the same agents from making, enforcing and interpreting the laws

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Officials of each branch come into power in different way, have different terms, operate independently from one another and have different responsibilities and different checks and balances over one another

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Shay's Rebellion

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An armed revolt by farmers in Massachusetts in 1786-87, seeking relief from debts and possible foreclosure of mortgages

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Credited with being a major factor in the demand for revision of the Articles of Confederation

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state

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A political community with a specific territory, organized government and internal and external sovereignty OR smaller subunits within a federal government system

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hinged on the state's recognition by other states

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super majorities

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Defined voting blocks of greater than 51% needed to approve a proposal

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2/3 vote needed to propose a constitutional amendment

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supremacy clause

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provision of the Constitution that makes the Constitution, federal government and federal laws superior to state and local laws that contradict them

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Article VI - but only on issues over which the federal government has a consitutionally granted authority

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unicameral legislature

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A legislature made up of only one legislative body

Hint 34

Nebraska and many local governments use this form

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writ of habeas corpus

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Court order requiring a jailer to bring a person to a court and explain the charges on which he is being held. If sufficient cause for imprisonment is not produced, the prisoner must be released

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President Lincoln suspended the writ during Civil War and Congress late affirmed his doing so

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writ of mandamus

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An order issued by a court to compel performance of an act