The Constitution & The Bill of Rights ID Terms
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Articles of Confederation
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A weak constitution that governed America during the Revolutionary War
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Assembly of demi-gods
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21 fought in American Revolution, 8 signed Declaration of Indepedence; Alexander Hamilton, James Madison, Ben Franklin, Roger Sherman, Gov. Morris, James Wilson, Elbridge Gerry, William Paterson, John Dickinson, Charles Pickney, Edmund Randolph, George Mason-white males, very wealthy, half were lawyers, may helped write state constitutions, had 7 were state govs.
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Alexander Hamilton
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his idea to write Fed. Papers, wrote 51 of 85 essays, laid out plan for all essays, tackled office of President, authority of Supreme Court to the constitutionally of a law
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James Madison
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wrote 29 of Fed. Paper, lived in NY, member of Confederation Congress, elected to Virginia Convention to ratify constitution, had a large role in creating, wrote Bill of Rights
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Virginia Plan
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James Madison's proposal for a bicameral legislature with a representation based upon population
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New Jersey Plan
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William Paterson's proposal for a unicameral legislature with each state having 1 vote
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The Great Compromise
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a compromise between the Virginia and NJ plans for a bicameral legislature; each state would have equal representatives on the senate and varied representation in the House of Reps based on the state's population
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Three-Fifths Clause
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each enslaved person would be counted as 3/5's of a person for the purpose of legislative representation
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Ratification Process
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9 out of the 13 states would have to approve
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The Federalists
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the people that favored the ratification of the Constitution , stressed weaknesses of the Articles, argued that only a new gov't based on the proposed Constitution could overcome the hardships of the nation, George Washington, James Madison, and Alexander Hamilton
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The Anti-Federalists
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the people who opposed ratification of the Constitution, disliked the lack of a bill of rights, they thought the Constitution increased powers of the gov't and liberty can't survive unless the federal gov't remained weak, power belongs to democratic state gov't; Samuel Adams, John Hancock, George Clinton, Richard Henry Lee, Patrick Henry
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Federalist Papers
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85 essays; Madison, Hamilton and John Jay wrote them, published in NY in 1787+1788, argued separation of powers in 3 branches of gov't would prevent concentration of power dread by Anti's, leaders feared the US would dissolve w/out a strong gov't, checks and balances prevented any branches from gaining power
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Federalist No's 10
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strong central gov't, feared that US would dissolve w/out a strong gov't
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Federalist No's 51
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checks and balances prevented too much power
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Federalist No's 78
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importance of judicial branch
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John Jay
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founding father, signer of Treaty of Paris, 1st Chief Justice
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Bill of Rights
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1st 10 Amendments to the Constitution; written list of freedoms guaranteed to citizens by the gov't, Anti-Feds credited, Madison drafted it, limited amendments to guarantee individual rights, leaving federal framework same, avoided preamble declaring all men are equal in creation rights, passed in 1789 by Congress
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Popular Sovereignty
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The people are the only source of gov'ts power
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Limited Gov't
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The gov't has only the powers that the Constitution gives it
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Separation of Powers
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Gov'ts power is divided among 3 branches: legislature, executive, judicial
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Checks and Balances
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Each branch of gov't has the power to limit the actions of the other 2
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Judicial Review
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Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison
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Federalism
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Political system in which power is shared between national gov't and state gov't, compromised between Madison's plan and New Jersey Plan
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Elastic Clause
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Congress has the power to pass unemurated rights
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Reserve Clause
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If there is no law for something goes to state gov't
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Necessary and Proper Clause
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Gives Congress the powers to pass all laws necessary to carry out their constitutional duties; \"elastic\" clause (Art. I, Sec 8, clause 18)
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Roles, authority of Legislative branches of gov't
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makes law, overrides vetos, ratify treaties, impeach president, control $, confirm federal appointments
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Roles, authority of Executive branches of gov't
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carries out law, appoint judges, pardon federal offences, veto laws, negotiate treaties, call special session of Congress, make federal appointments
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Roles, authority of Judicial branches of gov't
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Interpets law, declare executive actions unconstitutional, can declare proposed laws as unconstitutional
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Amendment 1
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1st- Guarantees freedom of religion, speech, press, assembly, and petition
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Amendment 2
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Guarantees right to bear arms
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Amendment 3
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Prohibits quartering troops in private homes
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Amendment 4
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Protects people from unreasonable searches and seizures
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Amendment 5
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Guarantees due process for accused persons
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Amendment 6
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Guarantees the right to a speedy and public trial in state where offense committed
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Amendment 7
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Guarantees the right to jury trial for civil cases trial in federal courts
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Amendment 8
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Prohibits excessive bail and cruel and unusual punishments
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Amendment 9
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Provides that people have rights beyond those stated in Constitution
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Amendment 10
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Provides that powers not granted to the national gov't belong to the states and to the people
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Enumerated v. Un-enumerated Rights and Powers
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legal rights inferred from other legal rights that are officiated in a retrievable form codified by law institutions, such as in written constitutions, but are not themselves expressly coded or \"enumerated\" among the explicit writ of the law VS
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Reserved, Delegated and Concurrent Powers
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state, federal gov't, reserved powers for both state and federal
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Originalism v Living Constitutionalism
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a principle of interpretation that tries to discover the original meaning or intent of the Constitution and to apply such interpretation to contemporary law VS has a dynamic meaning, and it can change
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Marbury v Madison
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1803, Supreme Court formed a basis for the excercise of Judicial Review
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Precedent
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a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts (authority)
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Protections for Slavery
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Constitution forbade Congress from blocking the importation of slaves for 20 yrs, committed all states to return fugitive slaves to their owners- running away to free state, didn't free a slave, New England required to help enforce the slave system
