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John Locke

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17th century English writer who argued against powerful kings and in favor of popular consent ; he strongly influenced the Framers

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unalienable rights

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cannot be taken away or denied; life, liberty, and the pursuit of happiness

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Thomas Hobbes

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believes people are born with rights which they give up to the monarch for protection; believed people are wicked, selfish and only act for themselves; believed in an absolute monarch as it would maintain order and demand respect

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social contract

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men give up some freedom to get protection; a theory or model, originating during the Age of Enlightenment, that typically addresses the questions of the origin of society and the legitimacy of the authority of the state over the individual.(Hobbes and Locke created)

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Natural rights

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all men are created equal with unalienable rights

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democracy

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according Aristotle \"the rule of the many\"; or if all or most of its citizens participate directly in either holding office or making policy

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oligarchy

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small group of people having control of a country, organization or institution

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monarchy

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form of government in which sovereignty is embodied in one individual reign until death or abdication

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mixed government

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defines a constitution in which the form of government is a combination of democracy, aristocracy, and monarchy, making impossible their respective degenerations (anarchy, oligarchy and tyranny).

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Articles of Confederation

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a weak constitution that governed America during the Revolutionary War; went into effect in 1781; could not regulate taxes or regulate commerce; each state retained its sovereignty and independence

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Constitutional Convention

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assembly in Philadelphia in 1787 to revise the Articles of Confederation; a meeting to produce a new constitution

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Shay's Rebellion

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a 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes; after this they decided that a strong central government was necessary

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Northwest Ordinance

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was an act of the Congress of the Confederation of the United States (the Confederation Congress), passed July 13, 1787. The ordinance created the Northwest Territory, the first organized territory of the United States, from lands beyond the Appalachian Mountains, between British Canada and the Great Lakes to the north and the Ohio River to the south.

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factions

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a group with a distinct political interest

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Federalist papers

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to help win the ratification of the new Constitution in New York state convention, Alexander Hamilton decided to publish a series of articles defending and explaining the document in the New York City newspapers; a total of 85 were written writers used pseudonym Publius--other authors include John Jay and James Madison

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Virginia Plan

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proposal to create a strong national government; called for three government branches: legislative, executive, judicial two key features: 1) a national legislature would have supreme powers on all matters on which the separate states were not competent to act, as well as the power to veto any and all state laws 2) at least one house of the legislature would be elected directly by the people WANTED BICAMERAL LEGISLATURE

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New Jersey Plan

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proposal to create a weak national government; it enhanced the power of the national government, but it did so in a way that left the state's representation in Congress unchanged from the Articles-each state would have one vote WANTED UNICAMERAL LEGISLATURE

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The Great Compromise/ Connecticut Compromise

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combination of the Virgina and New Jersey Plan--plan to have a popularly elected House based on state population and a state selected Senate, with two members for each state; the idea of the House and the Senate were created during this convention

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Republic

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a government in which elected representatives makes the decisions

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judicial review

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the power of the courts to declare laws unconstitutional; gave the Supreme Court the power to declare an act of Congress unconstitutional--it was a way to limit the power of popular majorities

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separation of powers

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constitutional authority is shared by three different branches of government: judicial, legislative, executive

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federalism

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government authority shared by national and local governments; by dividing power one level of government can serve as a check on the other

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popular sovereignty

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the sovereignty of the people's rule is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power. sovereignty is extreme power or authority

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Federalist

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those who favor a stronger national government; strong support of Constitution

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Anti federalists

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those who favor a weaker national government; in opposition to the Constitution; wanted more power to the state/individual

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James Madison

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wrote some of the Federalist papers (ex: #10 and #51); he believed that liberty is safest in large republics; hailed as the \"Father of the Constitution\" for his pivotal role in drafting and promoting the U.S. Constitution and the Bill of Rights

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Alexander Hamilton

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wrote some of the Federalist Papers was a Founding Father of the United States, chief staff aide to General George Washington, one of the most influential interpreters and promoters of the U.S. Constitution, the founder of the nation's financial system, the founder of the Federalist Party

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Federalist No. 10

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written by James Madison addresses the question of how to guard against \"factions\", or groups of citizens, with interests contrary to the rights of others or the interests of the whole community. Madison argued that a strong, united republic would be better able to guard against those dangers than would smaller republics—for instance, the individual states

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Federalist No. 57

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written by James Madison Madison answers the charge that the House of Representatives will consist of people who \"will have least sympathy with the mass of the people; and be most likely to aim at an ambitious sacrifice of the many, to the aggrandizement of the few.\" Madison points out that the electors of the representatives will not be confined to certain segments of the population, but will consist of \"the great body of the people of the United States.\"

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coalition

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an alliance of factions

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Bill of Attainder

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an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial. attainder: the forfeiture of land and civil rights suffered as a consequence of a sentence of death for treason or felony.

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ex post facto law

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a law that makes an act criminal although the act was legal when it was committed a liberty in the Constitution before the Bill of Rights was that no ex post facto laws could be passed by Congress of the states

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Bill of Rights

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first ten amendments to the Constitution; ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship

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proportional representation

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an electoral system in which parties gain seats in proportion to the number of votes cast for them

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enumerated powers

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powers given to the national government alone

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separated powers

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fundamental principle of the United States government, whereby powers and responsibilities are divided among the legislative branch, executive branch, and judicial branch

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reserved powers

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powers given to the state government alone

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concurrent powers

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powers shared by the national and state government

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checks and balances

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authority shared by three branches of government: judicial, executive, legislative Congress can: -check the president by passing a law over the president's veto -check the president by refusing to ratify a treaty the president has signed -check the federal courts by using impeachment powers to remove a judge from office President can: -check Congress by vetoing a bill it has passed -check the federal courts by nominating judges Courts can: -check Congress by declaring a law unconstitutional -check the president by declaring actions by him unconstitutional or not authorized by law

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necessary and proper clause

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section of the Constitution allowing Congress to pass all laws \"necessary and proper\" to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated) by the Constitution

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apportionment

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the determination of the proportional number of members each US state sends to the House of Representatives, based on population figures

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advise and consent

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a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, United States Attorneys, and ambassadors.

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Supremacy clause

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Article 6, section 2 establishes that the federal Constitution and federal law generally take precedence over state laws and even state constitutions ex: McCulloch v Maryland North Dakota v United States

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treason

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the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government

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fugitive slave clause

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is Article IV, Section 2, Clause 3, which required a \"person held to service or labour\" (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to the owner in the state from which that person escaped

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veto

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refers to the power of a president to disapprove a bill; it may be overridden by a two-thirds vote of each house of Congress

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electoral college

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the people chosen to cast each state's votes in a presidential election; each state can cast one electoral vote for each senator and representatives it has

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original jurisdiction

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a court's power to hear and decide a case before any appellate review. A trial court must necessarily have original jurisdiction over the types of cases it hears

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appellate jurisdiction

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the power of a higher court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right

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line-item veto

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an executives ability to block a particular provision in a bill passed by the legislature

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devolution

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the transfer or delegation of power to a lower level, especially by central government to local or regional administration

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sovereignty

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supreme power or authority; the authority of a state to govern itself or another state

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Unitary System

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a sovereign state governed as a single entity; the central government is supreme, and the administrative divisions exercise only powers that the central government has delegated to them

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implied powers

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powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I

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denied powers

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No state can make treaties or alliances with foreign governments. Nor can states coin money, make any laws impairing the obligation of contracts, or grant titles of nobility Article 1

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inherent powers

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those powers that Congress and the president need in order to get the job done right; although not specified in the Constitution, they are reasonable powers that are a logical part of the powers delegated to Congress and the president

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