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21 Cards in this Set

  • Front
  • Back
What is a Constitution?
A nations basic laws. It creates political institutions, allocates power within gov and often provides guarantees to citizens. Can be written or unwritten (implied). Origin: 1776, Philadelphia.
What is the declaration of independence?
The document approved by representatives of American colonies in 1776 that stated their grievances against British monarch, thus declaring independence.
Natural Rights?
Rights to inherent in human beings, not dependent on gov's which include life, liberty and property. John Locke's belief.
Consent of governed?
The idea that gov derives its authority by sanction of people. People must agree on who their rulers will be. Also a belief of John Locke.
Limited gov?
The idea that certain restrictions should be placed on gov to protect the natural rights of citizens. Locke followed this.
Articles of Confederation? Weaknesses and Benefits.
Adopted by Congress in 1777, enacted 1781. Our 1st Constitution. Set up a national legislature, Congress but most authority rested w/state legislature. Weakness: Lacked power to regulate commerce. Benefit: Helped identify things to avoid when writting new constitution.
Shay's Rebellion?
Series of attacks on courthouses by a small band of framers lef by Daniel Shays to block foreclosure proceedings. Helped spur birth of constitution.
U.S. Constitution?
Written in 1787, ratified in 1788. Sets forth the institutional structure of U.S. gov and the tasks institutions perform. Replaces Articles of Confed. Mostly wealthy planters, lawyers, merchants and costal residents and urbanites who wrote it. Agreed on: human nature, causes of political conflict, the object, nature of a republican gov.
Factions?
Interest groups arising from unequal distribution of property or wealth that James Madison attacked in Federalist Paper #10. Today's parties or interest groups are what Madison had in mind when he warned of instability on gov caused by factions.
The New Jersey Plan?
Called for equal representation of each state in Congress regardless of States population. By William Paterson.
Virginia Plan?
Called for representation of each state in Congress in proportion to U.S. population. By Edmund Randolph.
Connecticut Compromise?
To resolve V pland and NJ plan this was made. To create 2 houses in Congress, Senate and House of Representation. Senate 2 members from each State. House of Rep based on U.S. population. Ended up given more power to people who live in states with small population.
Writ of Habeas Corpus?
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
Madison's proposal to prevent a tyranny?
1. Place as much gov as possible beyond direct control of majority. 2. Seperate powers of different institutions. 3. Construct a system of checks and balances
Seperation of Powers?
Under the Cons., requires each of 3 branches of gov- executive (president), legislative (Congress), judicial (Courts)- to be relatively independent of others so that one cant control the others. Power is SHARED among these, not always divided evenly!
System of Checks and Balances?
Under the Cons, limits gov power by requiring that power be balances among different institutions that check eachothers activities.
Republic?
Form of gov in which people select representatives to govern them and make laws.
Bill of Rights?
FIrst 10 amendments to U.S. Constitution define basic liberties as freedom of religion speech, press, and guarantees defendants rights. This was promised by James Madison to further convince anti federalists.
Equal Rights Amendment?
Passed by Congress stating equality of rights under the law shall not be denied or abridged by the U.S. or by any State on account of sex..then failed to acquire necessary 3/4 support from state legislature.
Marbury v. Madison?
John Marshall and his associates 1st asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress. Judicial over Legislative.
Judicial Review?
Power of the Courts to determine whether acts of Congress are in accord with the U.S. Constitution. Judicial review established by John Marshall.