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28 Cards in this Set

  • Front
  • Back
the foundation of American constitutional theory
Declaration of Independence
served as the first constitution of the US
Articles of Confederation
one-house legislature; there was no independent executive or judiciary branch
Unicameral
interests were for the most part found in cities
Federalists
resisted ratification of the Constitution
Anti-Federalists
the outbreak of an armed revolt by farmers in western Massachusetts who were resisting state efforts to seize their property for failure to pay taxes and debts; named for leader, Daniel Shay
Shay's Rebellion
it was the first major proposal presented to the convention, and it formed the basis of the Constitution
Virginia Plan
Virginia planned for a two-house legislature with a popularly elected lower house and an upper house nominated by the state legislature
Bicameral
proposed a one-house legislature with equal state representation, similar to that established bye the Articles of Confederation
New Jersey Plan
proposed a two-house legislature with a House of Representatives apportioned on the basis of population and a Senate representing the states on an equal basis
Connecticut Compromise
Great Compromise
a constitution establishes the basic principles upon which government operates by defining...
1. the structure-the institutions and mechanisms of government
2.the functions and powers of government
3. the procedures through which government carries its powers and responsibilities
originally published as a series of political essays under the pseudonym Publius with the express purpose of persuading New Yorkers to ratify the proposed Constitution; written by Madison, Hamilton, and John Jay
Federalist Papers
a number of citizens, whether amounting to a majority or a minority of thw whole, who are united and actuated by some common impulse of passion, or of interests, adverse to the right of other citizens, or to the permanent and aggregate interests of the community
faction
Madison and his contemporaries were under no illusions abut the civic altruism of their fellow citizens
Madisonian Dilemma
representative government; create a governemnt that governs with the consent of the governed and at the same time limits a tyrannical majority from using the power of government to infringe on personal liberty
Republican form of government
a major feature of the Constitution aimed at pitting leaders against one another
separation of powers
by participating in one another's major areas of responsibilities, the 3 branches can equal each other out; one branch can assert and protect its own rights by withholding its support for the essential activities of another
check and balance
different groups with different interests choose the personnel of the three branches
separation of constituency
the constitutional division of powers between the national government and the states so that each level of government has some powers that are independent of the other level
Federalism
that it should represent both property and the number of people
mixed government
1. the proposal of the amendment
2. the ratification of the amendment
method of changing the Constitution is the process of formal amendment
protecting individuals against arbitrary government action
civil liberties
occurs when practices and institutions not mentioned in the written document evolve in response to political needs and alter the structure, functions, or procedures of the political system
custom and usage
powers explicitly granted to government or to a particular institution
enumerated powers
powers not formally specified by the Constitution but are rather inferred from the powers that are formally specified
implied powers
powers that are not derived from either enumerated or implied powers but are those that are essential to the functioning of government or a particular office
inherent powers
the right of the president to withhold information on matters of national sensitivity or personal privacy
executive privilege
refers to the power of courts to declare the acts and actions of legislatures and executives unconstitutional
judicial review