We the People - Unit 2 -

Majority tyranny

A situation in which a majority uses the principle of majority rule but fails to respect the rights and interests of the minority

Faction

A small group within a larger group; according to Federalist 10, a "number of citizens, whether amounting to a majority or a minority of the whole, who are united... by some common interest of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community"

Robert Yates

A staunch Anti-Federalist who wrote sixteen of the Anti-Federalist Papers, all under the pseudonym "Brutus"

Tariff

A tax on imported or exported goods

Federalists

Advocates for a strong central government who supported ratification

Anti-Federalists

The Federalist-devised term for those who believed that the U.S. Constitution gave excessive power to the federal government and failed to protect the rights of the people; opponents of ratification

Benjamin Franklin

The Founder who proposed a colonial government in 1754 (the Albany Plan) and in 1775 introduced a draft for articles of confederation

Connecticut, Delaware, Georgia, New Hampshire, and Rhode Island

The five populous (and expecting-to-soon-be-populous) states that, prior to ratification of the Articles of Confederation, desired that representation be distributed equally among the states in the Confederation Congress (listed alphabetically)

Massachusetts, New York, Pennsylvania, and Virginia

The four populous states that, prior to ratification of the Articles of Confederation, desired population-based representation in the Confederation Congress (listed alphabetically)

Common welfare (common good; public good)

The good of the entire community

Congress

The governmental body that had control, under the Articles of Confederation, of the Northwest Territory

Electoral College

The group of presidential electors who cast the official votes for president and vice president after a presidential election; a state's number of electors is determined by adding the number of its representatives and the number of its senators

Equal representation

The idea that each state should have the same number of representatives in Congress

(U.S.) States

The laboratories of democracy

Rhode Island

The last state to ratify the U.S. Constitution, threatened by George Washington with commercial restrictions and by its own capital with independence if it did not take that step

Precedent

The law of the judiciary

Daniel Shays

The leader of the "Regulators" responsible for Shays' Rebellion; a farmer and Revolutionary War soldier

Constitutional Convention (Philadelphia Convention)

The meeting held in Philadelphia from May to September 1787 and at which the U.S. Constitution was written

Anti-Federalist Papers

The miscellaneous, uncoordinated collection of pseudonymous Anti-Federalist writings created in opposition to ratification

Trustee representation

The model of representation that dictates that representatives should act autonomously, unfettered by the wishes of their constituents

Delegate representation

The model of representation that dictates that representatives should do what their constituents tell them to do

Federalist 51 ("The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments.")

The most cited of the Federalist Papers; was written by James Madison; addresses and affirms the checks and balances established by the U.S. Constitution, as well as the Constitution's separation of powers between branches and the separation of intra-branch departments ("Ambition must be made to counteract ambition.")

Judicial branch

Branch whose fundamental powers are deciding conflicts between state governments and those that involved the national government

Titles of nobility

Classes of people distinguished by a higher rank than a common citizen

Civil discourse

Consists of courteous, reasoned discussion as opposed to impolite or emotional argument

Rules governing the Constitutional Convention

Delegates from at least seven states had to be present to do business each day; a delegate needed permission to be absent if his absence would leave his state without representation; delegates had to address the president when rising to speak; a member was not allowed to speak more than twice on the same question and could not speak a second time until every other member could speak a first time; committees could be appointed as necessary; the convention's decisions decisions were subject to change and no decision was final until the entire plan was completed; the convention's proceedings would be shrouded in secrecy

State institution

Something that is supported by a government entity (i.e. slavery in slave states)

Ratification

Formal approval of a formal legal instrument, such as a constitution or treaty

Ratifying conventions

Gatherings of people elected by popular vote within a state to consider and vote upon the adoption of the U.S. Constitution; an example of the social contract theory at work, modeled after the submission of state constitutions to states' peoples during and after the Revolutionary War

John Adams, Samuel Adams, John Hancock, Patrick Henry, Thomas Jefferson, and Richard Henry Lee

Important Founders who did not attend the Constitutional Convention (listed alphabetically)

Proportional representation

In American government, the electoral system in which the number of representatives for a state is based on the number of people living in the state

Impairing the obligation of contracts

Interfering with or changing the terms established in contracts between two or more parties, as some states tried to do under the Articles of Confederation

"[N]ew science of politics"

James Madison's term in the Federalist Papers (The Federalist) for a study of politics utilizing reason, observation, and history that would help the Founders construct a new government on a rational and informed basis; was used by Federalists as a defense for what was then a radical new governmental structure

Shared powers

Legislative powers that are not completely separated between the branches of government

Eleven (Pennsylvania and Georgia had unicameral legislatures.)

Number of states that had bicameral legislatures by the time of the Constitutional Convention

One

Number of votes per state in the Articles of Confederation

Nine

Number of votes required in the Confederation Congress for approving important matters (i.e. going to war and admitting new states)

Massachusetts, New York, Pennsylvania, and Virginia

Populous states whose ratification of the U.S. Constitution was essential to its success (listed alphabetically)

Personal property

Possessions other than real estate or buildings that are movable; what slaveowners considered their slaves

Concurrent powers

Powers shared between the state and federal government

States' concerns about a central government

Representation and voting in Congress, apportionment of war expenses among the states, and territorial claims in the west

Political manipulation

Shrewd or devious political actions, especially for one's own advantage; the thing to which the Founders sought to make the Judicial Branch immune

James Madison

The "Father of the Constitution"; one of the three authors of the Federalist Papers (The Federalist); a framer of the Virginia state constitution who displayed a lifelong commitment to guarantees for the "free exercise" of religion; the creator of the U.S. Constitution's process of ratification (found in Article VII)

Lack of a bill of rights (in the original U.S. Constitution)

The Anti-Federalists' most lethal weapon

Charles Pinckney

The most historically controversial delegate to the Constitutional Convention, infamous for unreliably inflating his own contributions; presented, on the fifth day of the Convention, what has become known as the Pinckney Plan, which is credited with being a structural basis for the final draft of the U.S. Constitution

Northwest Ordinance (1787)

The most significant piece of legislation passed by the Confederation Congress; created the Northwest Territory, over which Congress had sovereignty, and in which slavery was banned and land was set aside for public schools

Four (George Mason, Luther Martin, Robert Yates, and Elbridge Gerry)

The number of delegates from the Constitutional Convention who became leaders of the Anti-Federalists

Thirteen (no amendments were passed)

The number of states required to amend the Articles of Confederation

Five

The number of states that attended the Annapolis Convention (1786)

One

The number of votes by which the Great Compromise passed in the Constitutional Convention

Virginia Plan (Randolph Plan; Large-State Plan)

The plan of government from the Constitutional Convention that gave the executive the power to exercise veto power that could be overruled by a two-thirds majority of either house.

New Jersey Plan (Paterson Plan; Small-State Plan)

The plan of government from the Constitutional Convention that proposed having multiple executives who could appoint other executive and judicial officers; the plan that granted executives the power to enforce laws by means of force.

New Jersey Plan (Paterson Plan; Small-State Plan)

The plan of government from the Constitutional Convention that proposed the creation of a national judiciary (Supreme Tribunal) appointed by the executive that had authority in federal impeachment cases and was the appeal of last resort in cases dealing with national matters (i.e. treaties).

Pinckney Plan

The plan of government from the Constitutional Convention that was proposed on the Convention's fifth day (and whose draft was not discovered until the 20th century); strongly resembled the general structure of the final constitution and was largely based on, but more detailed than, the Virginia Plan (Randolph Plan; Large-State Plan)

New Jersey Plan (Paterson Plan; Small-State Plan)

The plan of government from the Constitutional Convention whose failure ended the idea of keeping in the U.S. national government the unicameral legislature from the Articles of Confederation

True

True/False: Anti-Federalists believed that each proposed branch of the national government could become tyrannical.

True

True/False: Anti-Federalists believed that people living in small, agrarian communities are the citizens who most possess the civic virtue required for republicanism to work.

False (Anti-Federalists wanted there to be more than the 65 initial seats in the House of Representatives, to ensure more accurate representation.)

True/False: Anti-Federalists wanted there to be less than the initial 65 seats in the House of Representatives so as to reduce the power of the federal government.

True

True/False: Anti-Federalists were concerned that the power of the presidential pardon could lead to corruption.

False (Anti-Federalists desired that the House of Representatives, not just the Senate, be involved in the treaty ratification process.)

True/False: Anti-Federalists were content with the Constitution's prescribed treaty negotiation and ratification processes.

True

True/False: Daniel Shays and his followers tried and failed to capture a militia arsenal in Springfield, Massachusetts.

True

True/False: Delegates at the Constitutional Convention agreed that at least one house of Congress should be based on proportional representation.

True

True/False: Delegates at the Constitutional Convention believed that the House of Representatives would decide almost all elections.

True

True/False: Delegates at the Constitutional Convention were concerned that selection of the president by state legislatures or governors would make the president too sensitive to local matters.

True

True/False: Delegates from small states worried that the direct election of the president would give populous states an advantage

True

True/False: Delegates to the Constitutional Convention were authorized only to develop amendments to the Articles of Confederation, not to create a new constitution.

True

True/False: Federalists argued that civic virtue can no longer be relied upon as the sole support of a just and effective government.

True

True/False: Federalists countered to Anti-Federalists that the representation of different interests, rather than a bill of rights, would best protect basic rights.

True (Virginia and New York, both wealthy and populous states, had yet to ratify the U.S. Constitution.)

True/False: Federalists struck a deal with Anti-Federalists to include a bill of rights in the Constitution after the U.S. Constitution obtained ratification for the necessary nine states.

False

True/False: George Washington was an Anti-Federalist.

False (If Congress chose the president, the delegates felt that a longer, single term of seven years would be appropriate.)

True/False: If Congress chose the president, the delegates felt that a shorter term of four years, without term limits, would be appropriate.

False (Anti-Federalists were concerned that the powers of the executive and legislative branches were mixed rather than separated and that neither branch could effectively check the other.)

True/False: The Anti-Federalists were concerned that the powers of the executive and legislative branches were too separated and so granted each branch excessive power.

False (The Confederation Congress itself created executive departments [to administer finance, foreign relations, and military affairs] and a court system with limited jurisdiction.)

True/False: The Articles of Confederation created separate executive and judicial branches.

False (The formula for requesting funds was based on the amount of settled, improved land.)

True/False: The Articles of Confederation's formula for requesting funds was determined by a state's population.

True

True/False: The Confederation Congress could not force states to comply with the terms of treaties (including the Treaty of Paris, 1783).

False (The Confederation Congress had no taxation powers.)

True/False: The Confederation Congress had limited taxation powers.

False (The Founders felt that a standing army was a threat to liberty.)

True/False: The Founders felt that a standing army was a guarantee of peace.

True

True/False: The Northwest Ordinance prohibited slavery in the lands of the Northwest Territory.

True

True/False: The Northwest Ordinance required that land in new states be set aside for schools.

True

True/False: The Virginia Plan (Randolph Plan; Large-State Plan) proposed three distinct branches for the federal government.

True

True/False: The Virginia Plan (Randolph Plan; Large-State Plan) would have given Congress plenary powers.

False (They actively sought not to make slavery legal on a national level.)

True/False: The delegates at the Constitutional Convention sought to make slavery legal on a national level or in abstract terms.

True

True/False: The goal of Anti-Federalists was to hold a second constitutional convention in which they could dominate.

True

True/False: The national government under the Articles of Confederation had no power to enforce its decisions.

True

True/False: The original U.S. Constitution said nothing about national citizenship.

True

True/False: Under the Articles of Confederation, Congress had no power to regulate trade among the various states.

True

True/False: Under the Articles of Confederation, the Confederation Congress had no authority over any person in any state.

False (The Confederation Congress was prohibited from collecting taxes from the states or from the people directly.)

True/False: Under the Articles of Confederation, the Confederation Congress had the power to collect taxes from the states and from the people directly.

True

True/False: Under the New Jersey Plan (Paterson Plan; Small-State Plan), Congress could enforce national laws.

True

True/False: Under the New Jersey Plan (Paterson Plan; Small-State Plan), the national government's powers rested primarily in the states.

True

True/False: Under the U.S. Constitution, the national government's powers rested dually in the people and the states.

True

True/False: Under the Virginia Plan (Randolph Plan; Large-State Plan), Congress could call the armed forces of the nation against a state.

True

True/False: Under the Virginia Plan (Randolph Plan; Large-State Plan), Congress would have the power to make all laws that individual states were not able to make (i.e. laws regulating trade between states).

False (The national government's powers rested primarily in the people.)

True/False: Under the Virginia Plan (Randolph Plan; Large-State Plan), the national government's powers rested primarily in the states.

False (The number of representatives for a state could also be based on a state's contribution to the federal treasury.)

True/False: Under the Virginia Plan (Randolph Plan; Large-State Plan), the number of representatives from each state in both the House of Representatives and the Senate would be based solely on its population.

Congress

Under the Virginia Plan (Randolph Plan; Large-State Plan), the body that had the power to enforce laws passed by Congress

Congress

Under the Virginia Plan (Randolph Plan; Large-State Plan), the body that had the power to strike down state laws it considered to be in violation of the national constitution or national interests

Shared powers (examples)

Vetoes, appointments, treaties, war, impeachment, and judicial review

Delegate

A person selected to act for or represent another person or group of people, especially at a conference or meeting

Confederation

A political organization in which sovereign states combine for specific purposes (i.e. mutual defense)

Admiralty courts

The first federal courts in the U.S. (established by the Confederation Congress)

Federalist 84 ("Certain General and Miscellaneous Objections to the Constitution Considered and Answered")

A Federalist Paper, written by Alexander Hamilton, that explains the Federalist position that the inclusion of a bill of rights in the U.S. Constitution was unnecessary and even "dangerous." Justified this Federalist position by claiming that the national government under the U.S. Constitution would have enumerated powers only and no power over the individual, would have checks in place in case an individual abused his power, and would inherently protect individual rights because it promotes popular sovereignty. Also argued that a bill of rights would inherently imply that the national government had additional powers other than its enumerated ones.

Youngstown Sheet & Tube Co. v. Sawyer (The Steel Seizure Case) (1952)

A Supreme Court decision that rebuffed the president (Harry Truman) by declaring that he lacked the authority to seize private property. Concerned the president's seizure of various steel mills after a strike by members of the United Steel Workers of America. Truman sought to control the prices of steel during the Korean War, and a provision in the Labor Management Relations Act of 1947 (Taft-Hartley Act) allowed the president to intervene in strikes in cases of national emergencies. Truman, however, despised the act and chose not to invoke it, relying instead on executive authority alone. No opinion in the case commanded an unqualified majority of the justices' votes, so the ruling could not place clear limits on executive power.

Committees appointed by the Constitutional Convention

A committee to resolve the issue of representation in Congress; a Committee of Detail to develop a draft Constitution; a Committee on Postponed Matters; a Committee on Style to prepare the final language of the Constitution

Federalist Papers (The Federalist) (October 1787-August 1788)

A coordinated series of 85 newspaper-published articles and essays pseudonymously written, during state ratification conventions, by Alexander Hamilton, James Madison, and John Jay to support ratification

Felony

A crime, such as murder or rape, that is considered more serious than a misdemeanor and is subject to more severe punishment

William Paterson

A delegate for New Jersey who led the coalition behind the New Jersey Plan (Paterson Plan; Small-State Plan); an advocate for the rights of small states at the Constitutional Convention

Roger Sherman

A delegate from Connecticut who was key in forging the Connecticut Compromise (Great Compromise or Sherman's Compromise); attended nearly every session of the Constitutional Convention and later advocated for the Constitution's ratification

Elbridge Gerry

A delegate from Massachusetts who was one of three representatives from the Constitutional Convention to refuse to sign the Constitution (due to its lack of a bill of rights); did not support granting southern states slave-based representation; opposed ratification

James Wilson

A delegate from Pennsylvania who delivered the most addresses (168) to the Constitutional Convention; the most learned of the Framers; a member of the Committee of Detail; an advocate for the popular election of senators and the president; the delegate who proposed the Three-Fifths Compromise

Federal system (federalism)

A form of government in which power is divided and shared between a central government and state and local governments

Democratic republic

A form of government that has no monarch, but which is governed by representatives of a sovereign people

Republic (colonial definition)

A form of government without a monarchy that had a representative assembly of some kind

Direct democracy

A government without representative institutions

War Powers Resolution (War Powers Act [as passed by the Senate]) (1973)

A joint resolution of Congress that places restrictions on the president's ability to send combat forces without congressional consent; passed by Congress over a presidential veto by Richard Nixon; has been deemed unconstitutional by every president since Nixon; has never been litigated through the U.S. court system; specifically requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without the authorization of Congress

Writ of mandamus

A judicial order that commands a court, corporation, or public authority to do a specific act; a power granted by Congress to the Supreme Court in the Judiciary Act of 1789 and ruled unconstitutional in Marbury v. Madison

Ex post facto law

A law that criminalizes an act that was not a crime when it was committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier

Appropriation law

A legislative act authorizing the spending of a designated amount of public funds for a specific purpose

Deliberative body

A legislative assembly that meets to debate issues

Bill of rights

A list of rights to which people are entitled; in the U.S. Constitution, refers to the first ten amendments

Federalist 78 ("The Judiciary Department")

Alexander Hamilton's first-published Federalist Paper on the Judicial Branch and the Federalist Paper that is most cited by the Supreme Court; explained that the power of judicial review was necessary but could not be tyrannical, as the judiciary had "no influence over either the sword or the purse" and had "neither FORCE nor WILL"; defended life ("good behavior") tenures for federal judges on the basis that they insulated the judiciary from the other branches of government; declared the Judicial Branch the "least dangerous" branch of the federal government

Federalist 70 ("The Executive Department Further Considered")

Alexander Hamilton's fourth-published Federalist Paper on the Executive Branch; differentiated deliberation as a virtue in the passing of laws but a vice in the execution of laws; argued for the "energy" and accountability of the unitary executive found in the U.S. Constitution

Necessary and Proper Clause (Article I, Section 8, Clause 18)

Also known as the elastic clause, grants Congress the power to make any law that is "necessary and proper" for executing the duties listed in the Constitution as belonging to the federal government.

Anti-Federalist 15 (Brutus 15) (March 1788)

An Anti-Federalist Paper written by Brutus (Robert Yates) that expressed concern over the judicial branch and, specifically, the unchecked independence of federal judges; the constitutional protection against federal judges' salaries being lowered; the requirement that, to be impeached, an official must have committed "high Crimes" or "Misdemeanors"; and the "superior" power of the national judiciary relative to that of the national legislature

Bill of attainder

An act of the legislature that inflicts punishment on an individual or group without a judicial trial

Executive order

An act of the president, the first issued by George Washington, that carries the full force of law but that can be superseded by an act of Congress; an implied power that is not mentioned in the U.S. Constitution

Breach of the peace (disturbing the peace)

An act that disturbs the public or even one person; can include almost any criminal act that causes fear or intimidation

Alexander Hamilton

An aide to George Washington during the Revolutionary War; one of the three authors of the Federalist Papers (The Federalist); a delegate at the Constitutional Convention who left early due to his being outvoted by fellow New York delegates

Rufus King

An anti-slavery Massachusetts delegate who advocated for a strong national government whose bicameral legislature was based entirely on proportional representation

Shays' Rebellion

An armed revolt by farmers who sought relief from debts and mortgage foreclosures; fueled support for amending the unsuccessful Articles of Confederation

True

Anti-Federalists felt that the national judiciary would overpower state courts.

Extraconstitutional

Beyond the provisions of a constitution

Marbury v. Madison

Established that the U.S. judiciary has the power of judicial review. Concerned the case of William Marbury, who was appointed to a district judgeship by outgoing president John Adams on the last day of his presidency. Marbury's commission, along those of other "Midnight Judges," could not be delivered on time by then-Secretary of State (and Adams-appointed Chief Justice) John Marshall, so the power to deliver the commissions transferred to the new, Jefferson-appointed secretary of state, James Madison. Madison asserted his right to withhold the commission (which was required before an official could take office), so Marbury sued, asking the Court to issue a writ of mandamus, a power Congress granted it in the Judiciary Act of 1789. The ruling in the case declared unconstitutional the provision (Section 13) of the Judiciary Act of 1789 that granted the Court original jurisdiction in certain cases outside those prescribed by the U.S. Constitution. In striking down a portion of a law on the basis of its unconstitutionality, the Federalist-controlled Court lost Marbury's judgeship but vastly expanded its own powers, making its power equal or exceed those of other branches.

Judiciary Act of 1789

The act of Congress that established the court system, whose structure was not defined (beyond the powers of the federal supreme court) in Article III of the Constitution. Section 13 of the act, which granted the Supreme Court the power to issue writs of mandamus outside of its constitutionally expressed original jurisdiction, was ruled unconstitutional in Marbury v. Madison.

Gouverneur Morris

The anti-slavery New York City native who was a delegate from Pennsylvania at the Constitutional Convention; is credited as the author of the Constitution's Preamble and nicknamed the "Penmaen of the Constitution"; favored a strong national government ruled by the upper classes; favored the direct election of the president; argued that the original thirteen states should be given a perpetual majority in Congress; delivered more speeches at the Convention than any other delegate

Article IV

The article of the U.S. Constitution that prohibits states from unfairly discriminating against citizens of other states and refusing to return fugitives from justice to the states from which they have fled

House of Representatives

The body that decides a presidential election in the event of a tie in the Electoral College

Supremacy Clause (Article VI, Clause 2 [1788])

The clause in the U.S. Constitution that declares federal laws, treaties, and the federal constitution superior to state laws, treaties, and constitutions

Three-Fifths Compromise

The clause in the U.S. Constitution that provided that each slave should be counted as three-fifths of a person in determining a state's number of representatives in the House of Representatives and electors in the Electoral College

Necessary and Proper Clause

The clause of the U.S. Constitution that most concerned the Anti-Federalists

Fugitive Slave Clause

The clause that provided that if a person "held to service or labor" in one state escaped to another, he or she had to be delivered back to the person that claimed him or her

Marbury v. Madison

The court case whose decision read: "It is emphatically the province and duty of the judicial department to say what the law is."

Separated powers

The division of the powers of government among the government's different branches; seek to promote constitutional government by ensuring that no one individual or branch has excessive power that can be abused

Trustee representation

The dominant model of representation in most political systems

Articles of Confederation (1777 [approved by the Second Continental Congress]; 1781 [ratified])

The first constitution of the United States, created to form a perpetual union and a firm league of friendship among the states

Edmund Randolph

The official head of the Virginia delegation to the Constitutional Convention and the then-Governor of Virginia; introduced the Virginia Plan (Randolph Plan; Large-State Plan) to the Convention but refused to sign the final Constitution, arguing that it departed from the Virginia Plan's (Randolph Plan's; Large-State Plan's) "Republican propositions"; later supported ratification

Supreme Court

The only court mandated by the U.S. Constitution

Habeas corpus

The only right protected (with exceptions) by the original U.S. Constitution

National government

The organization that has central political authority in a nation

Article VI, Section 3

The part of the U.S. Constitution (article and section) that bans the imposition of a religious test on those who hold national office

Article I, Section 9

The part of the U.S. Constitution (article and section) that bars the national government from passing ex post facto laws and bills of attainder

Article IV, Section 3

The part of the U.S. Constitution (article and section) that gives Congress the power to create new states

Article I, Section 8

The part of the U.S. Constitution (article and section) that gives Congress the power to set a procedure for calling the militia into national service "to execute the Laws of the Union, suppress Insurrections, and repel invasions"

Article IV, Section 4

The part of the U.S. Constitution (article and section) that gives the national government the authority to guarantee each state "a Republican Form of Government" and gives the national government the obligation of protecting the states from invasion or "domestic Violence"

Article I, Section 4

The part of the U.S. Constitution (article and section) that grants to state legislatures the power to prescribe the "Times, Places, and Manner of holding Elections for Senators and Representatives," but that also allows Congress to alter such state regulations

Article III, Section 3

The part of the U.S. Constitution (article and section) that offers protection from the accusation of treason by narrowly defining the crime

Article I, Section 2

The part of the U.S. Constitution (article and section) that prescribes that anyone entitled to vote for the "most numerous branch of the state legislature" is entitled to vote in elections for the House of Representatives

Article I, Section 9

The part of the U.S. Constitution (article and section) that prevents the national government from issuing titles of nobility

Article III, Section 2

The part of the U.S. Constitution (article and section) that prevents the national government from suspending the right to trial by jury in criminal cases

Article I, Section 9

The part of the U.S. Constitution (article and section) that prevents the national government from taking money from the treasury without an appropriation law

Article I, Section 9

The part of the U.S. Constitution (article and section) that prevents the suspension of the writ of habeas corpus, "unless when in Cases of Rebellion or Invasion the public Safety may require it"

Article I, Section 10

The part of the U.S. Constitution (article and section) that prohibits states from coining their own money, passing laws that enable people to violate contracts; making ex post facto laws or bills of attainder; entering into treaties with foreign nations or declaring war; granting titles of nobility; laying duties (taxes) on imports or exports, except as necessary to pay for inspections; and keeping troops or ships of war in times of peace

Article I, Section 6

The part of the U.S. Constitution (article and section) that protects speech and debate in the halls of Congress

Article I, Section 3

The part of the U.S. Constitution (article and section) that protects the right to a fair trial for those in the executive or judicial branch who are accused of misconduct in office

Article I, Section 9

The part of the U.S. Constitution (article and section) that provided that the national government could not interfere with the importation of slaves to the U.S. earlier than 1808

Article II, Section 1 (in the Executive Powers Clause and the Vesting Clause)

The part of the U.S. Constitution (article and section) under which presidents have justified executive orders; accordingly vests executive power in the president

Article III, Section 2

The part of the U.S. Constitution, at issue in Marbury v. Madison, that gave the Supreme Court original jurisdiction in "Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party"

Connecticut Compromise (Great Compromise or Sherman's Compromise)

The plan of government adopted by the Constitutional Convention that called for a Congress of two houses, with a lower house (the House of Representatives) having representation apportioned according to the population of each state, and an upper house (the Senate) having representation of two senators per state

New Jersey Plan (Paterson Plan; Small-State Plan)

The plan of government from the Constitutional Convention that called for a unicameral national legislature with each state having equal representation; called for an executive branch made up of several persons appointed by the legislature; called for a supreme court that would be appointed by the executive branch; expanded on the powers granted to Congress by the Articles of Confederation but still followed the general framework of the Articles by resting the power of the national government on the states rather than the people

New Jersey Plan (Paterson Plan; Small-State Plan)

The plan of government from the Constitutional Convention that gave the Confederation Congress the additional enumerated powers of levying import duties and a stamp tax, and collecting money from the states when they refused to pay; regulating trade among the states and with other nations; and making laws and treaties the supreme law of the land

Virginia Plan (Randolph Plan; Large-State Plan)

The plan of government from the Constitutional Convention, presented by Edmund Randolph, that proposed three separate branches of government; bicameral legislature with plenary powers and proportional representation for both houses; a single executive elected by the legislature; and a national judiciary (Supreme Tribunal) whose jurisdiction extended to all cases that respected national taxation, the impeachments of national officers, and other questions that involve "national peace and harmony."

George Washington

The president of the Constitutional Convention, who did not take an active role in constitutional debate but nevertheless favored a strong national government

Federal Farmer

The pseudonym of the writer of a set of Anti-Federalist papers that provided a structural analysis of the U.S. Constitution; identifiable as either Melancton Smith or Richard Henry Lee

Publius

The pseudonym under which the Federalist Papers (The Federalist) were written; one of the four aristocrats who led the overthrow of the Roman monarchy, heralding the start of the Roman Republic

Federalist 10 ("The Same Subject Continued: The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection")

The second-most cited of the Federalist Papers; was written by James Madison; argued for the necessity of (many) factions in government and that the Constitution allowed for the ideal balance of factions, both between states and among the people

Rhode Island

The state that did not send delegates to the Constitutional Convention

Census

The survey whose purpose is to reapportion seats in the House based on shifts in the U.S. population.

Legislative branch, executive branch, and judicial branch

The three branches ordered by when the delegates at the Constitutional Convention decided their structures

Treason, felony, and breach of the peace

The three crimes for which a member of Congress can be arrested while Congress is in session

Massachusetts, New York, and Virginia

The three states whose ratification conventions lasted the longest (largely due to strong Anti-Federalist opposition) (listed alphabetically)

Newspapers and pamphlets

The two mediums through which most ratification debates took place

Corruption

The use of a position of trust for dishonest gain; in the context of English history, refers to the undermining of the institution of Parliament by the Crown (particularly through bribe-appointments)

Alexander Hamilton

The writer of the majority (51) of the Federalist Papers

Disenfranchise

To deprive people of the right to vote

Secede

To formally withdraw from an alliance, federation, or association as a constituent member