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Government in America: Chapter 2 (The Constitution) Key Terms Flashcards

Chapter 2 Key Terms for the 12th edition of Government in America: People, Politics, and Policy by George C. Edwards III, Martin P. Wattenberg, and Robert L. Lineberry.

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32528621constitutionA nation's basic law. It creates political instituitions, assigns or divides powers in government, and often provides certain guarantees to citizens. Can be either written or unwritten.
32528622Declaration of IndependenceThe document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
32528623natural rightsRights inherent in human beings, not dependent on governments, which include life, liberty, and property. This concept was central to English philosopher John Locke's theories about government and was widely accepted among America's Founding Fathers.
32528624consent of the governedThe idea that government derives its authority by sanction of the people.
32528625limited governmentThe idea that certain restrictions should be placed on government to protect the natural rights of citizens.
32528626Articles of ConfederationThe first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. It established a national legislature, the Continental Congress, but most authority rested with the state legislatures.
32528627Shays' RebellionA series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
32528628U.S. ConstitutionThe document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.
32528629factionsInterest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by these.
32528630New Jersey PlanThe proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
32528631Virginia PlanThe proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.
32528632Connecticut CompromiseThe compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.
32528633writ of habeas corpusA court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
32528634separation of powersA feature of the Constitution that requires each of the three branches of government—executive, legislative, and judicial—to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.
32528635checks and balancesFeatures of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities.
32528636republicA form of government in which the people select representatives to govern them and make laws.
32528637FederalistsSupporters of the U.S. Constitution at the time the states were contemplating its adoption.
32528638Anti-FederalistsOpponents of the American Constitution at the time when the states were contemplating its adoption.
32528639Federalist PapersA collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
32528640Amendment 1Freedom of speech, press, and assembly. Freedom to petition government. Freedom to exercise religion.
32528641Amendment 2Right to bear arms
32528642Amendment 3No forced quartering of troops in homes during peacetime.
32528643Amendment 4No unreasonable searches and seizures
32528644Amendment 5No taking of private property for public use without just compensations, grand jury indictment required for prosecution of serious crime, no second prosecution for the same offense, no compulsion to testify against oneself, no loss of life liberty or property without due process of law,
32528645Amendment 6Right to a speedy and public trial
32528646Amendment 7Right to jury trail in civil suit where the value of controversy exceeds $20.
32528647Amendment 8No excessive bail or fines, No cruel and unusual punishments
32528648Amendment 9Unlisted rights are not necessarily denied.
32528649Amendment 10Powers not delgated to the national government or denied to the states are reserved for the states or the people.
32528650Equal Rights AmendmentA constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." The amendment failed to acrquire the necessary support from three-fourths of the state legislatures.
32528651Marbury vs. MadisonThe 1803 case in which Chief Justice John Marshall and his associates first 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, in this case the Judiciary Act of 1789.
32528652Bill of RightsThe first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties such as freedom of religion, speech, and press and guarantee defendants' rights.
32528653judicial reviewThe power of the courts to determine whether acts of Congress, and by implication its executive, are in accord with the U.S. Constitution. Established by John Marshall and his associates in Marbury v. Madison.

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