chapter 2 test

Constitution

A constitution is a written document that describes the structure and powers of a national or state government. The U.S. Constitution is the oldest national written constitution in use today and is a model for the constitutions of many other countries.

limeted government

A limited government is one in which voters, as well as a carefully crafted constitution, play a part in checking, or limiting, the government's power. The idea of limited government was first set forth in the Magna Carta, an agreement between King John and the English nobility to share power, signed in 1215. No longer would the king's word alone be law.

Divine Right of Kings

A monarchical government that operates under this idea does not hold the king or queen to the same laws and standards as other citizens. This is because the king or queen is believed to be above human law since he or she has been appointed by a divine power.

tariff

A tariff, also known as a duty or customs duty, is a tax that is placed on imported goods when they enter a country. Tariffs are usually collected to help domestic industries. When a tariff is placed on an imported good, it often raises the price of that good for consumers, making them more likely to buy a similar good that has been produced domestically. Tariffs that are passed to protect industries in this way are called protective tariffs. They also serve the purpose of raising money for the government.

Bill of Rights

A written list of people's rights is called a bill of rights. Constitutions all over the world include bills of rights. The first 10 amendments to the U.S. Constitution are called the Bill of Rights.

federalists

After the U.S. Constitution was written in 1787, at least nine of the states needed to ratify it, or approve it. The people who supported the Constitution were called Federalists. They believed that the country needed the strong federal government created by the new Constitution. Those who opposed the Constitution were called Anti-Federalists. They thought the new federal government was too strong, and they objected to its lack of a bill of rights. Leading Federalists included James Madison, Alexander Hamilton, and John Jay. To convince people in New York to ratify the Constitution, they wrote a series of essays known as the Federalist Papers. These essays defended the new system of government and explained why it was a better system than the one that had existed under the Articles of Confederation.

Constitional convention

Although America became independent after the American Revolution, there was still work to do when it came to governing the new nation. Incidents like Shays's Rebellion, an opposition to high taxes, helped highlight some of the issues with the new federal government.

Amendment

An amendment is a formal change made in a document or a law by editing, deleting, and/or adding to the existing document. In government, amendments can be made to various legal instruments, including constitutions, laws, or legislative bills. There are two ways to amend the Constitution of the United States. Both require a number of specific steps, including the consent of the majority of states. In the U.S. Constitution, the Bill of Rights, which sets forth the rights of citizens, makes up the first 10 amendments. For instance, the Thirteenth Amendment made slaves free citizens. Altogether the U.S. Constitution has 27 amendments.

privileges and immunities

Article 4 of the U.S. Constitution includes the privileges and immunities clause, which states that citizens of each state are granted the basic privileges and immunities of all of the states. The intent of this clause is to ensure that states do not discriminate unfairly against people visiting the state from another state.

Full Faith and Credit

Article 4 of the U.S. Constitution requires that states grant full faith and credit to the "public Acts, Records, and judicial Proceedings" of other states. According to the framers of the Constitution, this clause was intended to ensure that states shared legal records and honored court decisions in other states. The full faith and credit clause, therefore, lays out some of the responsibilities the individual states have to one another.

Supreme Court

Article III of the U.S. Constitution established the Supreme Court of the United States as part of the judicial branch of the new government. However, Article III did not specify any of the powers or duties of the Court. Congress and the justices themselves would work out those details. The Judiciary Act of 1789 established that the Supreme Court would have a chief justice and five associate justices. The act also specified that nominees to the Supreme Court would be named by the president and approved by the Senate.

Supremacy Clause

Article VI of the U.S. Constitution states that the federal Constitution, laws, and treaties are the "supreme Law of the Land" in the United States. Supreme means "above all others." In other words, the laws of the national government take precedence over any laws or constitutions at the state level. This part of the Constitution is known as the Supremacy Clause.

Bicameral

Bicameral means "having two branches or chambers." A bicameral system of government is one in which the legislature is split into two parts. This system dates back to the ancient Romans, particularly the Roman Republic, which had two assemblies. In modern times the bicameral system originated with the English Parliament of the 1600s, in which two separate houses were established to represent nobles and commoners. Later, the American colonies also adopted bicameral systems to represent the interests of England and its government as well as those of the colonists.

Checks and Balances

Checks and balances is the term used to describe a government in which each separate branch can check, or limit, the power of the other branches. Checks and balances help prevent any one branch of government from becoming too powerful. When the U.S. Constitution was written in 1787, its writers made sure that the new federal government had checks and balances among its three branches.

concurrent powers

Concurrent powers are constitutional powers held by both the federal and the state governments. The word concurrent means "at the same time." The U.S. Constitution does not specifically list concurrent powers; however, it suggests that states have certain powers that are like those of the federal government. Alexander Hamilton, who helped write the U.S. Constitution, also stated in the Federalist Papers that the Constitution created these powers.

consent of the governed

Consent of the governed is a phrase in the Declaration of Independence that describes an important principle in U.S. government. The principle is that the power of legitimate governments should come from the consent, or permission, of the people who are ruled by that government

expressed powers

Expressed powers are those powers that the U.S. Constitution specifically grants to different branches of the federal government. The Constitution lays out these powers in articles 1, 2, and 3. Expressed powers are different from implied powers. Implied powers are those the government uses to carry out its constitutional duties.

Gibbons v. Ogden

In the 1824 case of Gibbons v. Ogden, The U.S. Supreme Court issued a ruling that upheld the power of the federal government to regulate trade among the states. The case concerned steamboat travel between the states of New York and New Jersey.

Necessary and Proper Clause

It states that Congress has the authority to make any law that is necessary and proper for executing other laws. This means that Congress is not limited to only the powers that the Constitution gives it.

majority rule

Majority rule is the idea that the will of the majority of people, determined by a vote or election, will determine the outcome of a particular decision. For most elections in the United States, a majority means the greatest amount, not necessarily more than half. So if three candidates run in an election, the candidate that gets the most votes is the winner. He or she does not need more than half of the votes.

McCulloch v. Maryland

McCulloch v. Maryland was an 1819 U.S. Supreme Court case involving the Second Bank of the United States. The previous year, the state of Maryland had placed a tax on the bank, but James W. McCulloch, the cashier of the bank, had refused to pay it. The state of Maryland took McCulloch to court, and, in this case, the Supreme Court ruled that creation of a national bank was constitutional but that the tax on the bank was not.

natural right

Natural rights, those said to have been given by God, are thought of as rights that all people have from the moment they are born. These rights generally include life, liberty, and property. European philosophers such as John Locke were some of the first people to write about natural rights and governments' responsibility to protect them.

Nullification

Nullification was a political theory that some states' rights advocates held in the late 1700s and early 1800s. The theory was as follows: If the federal government took an action that went beyond its constitutional powers, a state could say the law was null and void, or invalid. The law would have no legal standing within that state. This theory was first put forth by James Madison and Thomas Jefferson when they wrote the Kentucky and Virginia Resolutions in 1798-1799. These resolutions were a response to the passage of the Alien and Sedition Acts. Supporters of Jefferson's Republican Party strongly opposed these laws, which limited free speech and immigrants' rights. The idea of nullification arose again after the federal government passed high tariffs in 1828 and 1832.

populer sovereignty

Popular sovereignty is the belief that the political power of a nation or state comes from the consent of the people. Popular sovereignty is related to the idea of the social contract, which Jean-Jacques Rousseau and other writers promoted during the Enlightenment. During this time political writers began saying that rulers and leaders were responsible for their citizens. They said that if those rulers did not follow the will of the people, the citizens had a right to overthrow their governments.

Ratification

Ratification means formal approval, usually of an official document or treaty. When the U.S. Constitution was written in 1787, it needed ratification by nine state legislatures. Within 10 months, the required 9 states had ratified the Constitution, so it became law. After another month, the other four U.S. states ratified it.

reserved powers

Reserved powers are powers that are set aside by the U.S. Constitution for the states or for the people. The Tenth Amendment, the last amendment in the Bill of Rights, says that any powers that the Constitution does not delegate to the federal government belong to the states or to the people. This amendment was added to the Bill of Rights in 1791, because many people at the time worried that the new federal government was too powerful. By saying that the states and the people still had these reserved powers, the supporters of the Constitution, called Federalists, were able to get Anti-Federalists to agree to ratify the Constitution.

Articles of Confederation

The Articles of Confederation was the first written plan of government for the United States. It was written in 1776 and 1777. Although the states did not ratify it until 1781, it was adopted by Congress and was used as the basis of the new national government. After the colonists' experience with Great Britain, the leaders did not want a strong central government that had too much power over the states. So they created a confederation, which is a loose union of states or nations that does not have a strong central government. The central government created under the Articles of Confederation had an executive branch but no distinct judicial branch. However, it did have a legislative branch, which was called Congress. Congress's powers included the ability to run the war, determine foreign affairs, borrow money, and run the postal service. It also had the power to manage the western territories, which it did through the Land Ordinance of 1785 and the Northwest Ordinance of 1787

Declaration of Independence

The Declaration of Independence was a document that U.S. colonists wrote in June 1776. It stated that the United States was a new nation, independent of Great Britain. The Declaration was a response to British taxes and other policies that many colonists opposed. The colonists wrote it after British troops fought against colonial militia in the battles of Lexington and Concord, among others.

Elastic Clause

The Elastic Clause appears in Article 1, Section 8, of the U.S. Constitution. It says that Congress has the authority to make any new laws that are necessary for carrying out its powers already listed in the Constitution. It is known as the elastic clause because it gives the Congress flexibility and allows Congress to stretch its powers beyond those that are enumerated, or listed, in the Constitution. The powers Congress has through this clause are known as implied powers.

Federalist Papers

The Federalist Papers was a series of essays written to encourage ratification, or approval, of the U.S. Constitution. After the Constitution was written in 1787, at least nine of the states needed to ratify it. The people who supported the Constitution were called Federalists, and those who opposed the Constitution were called Anti-Federalists. The Federalists needed to convince people, especially people in large states like New York, to support the new Constitution. So James Madison, Alexander Hamilton, and John Jay, who were all Federalists, wrote a series of 85 newspaper essays. They were originally called The Federalist, but they are now also called the Federalist Papers.

Mayflower Compact

The Mayflower Compact was a document drawn up by the Pilgrims who sailed to Plymouth on the Mayflower. It was signed on November 21, 1620, before the Pilgrims landed and left their ship. Those who signed the document agreed that they would form a government and follow any laws that were agreed upon for the "general good of the colony." Forty-one men, nearly all of the ship's male passengers, signed the document. They then chose John Carver as the governor of their new colony.

New Jersey Plan

The New Jersey Plan was a proposal that William Paterson of New Jersey offered at the Constitutional Convention in 1787. It was a plan for creating the legislative branch of the federal government and determining how many representatives each state would have in the legislature. Paterson's plan called for a single house in the legislature and for each state to have one vote. This idea of equal representation would give small states like New Jersey as much power as the large states

Northwest Ordinance of 1787

The Northwest Ordinance of 1787 was one of several federal laws that addressed the Northwest Territory. This territory spanned the area northwest of the Ohio River and east of the Mississippi River. Several different states had previously claimed this region, but they gave up the land to the federal government. The main goal of the Northwest Ordinance of 1787 was to create a government for the territory and establish a path to statehood. An earlier law, the Ordinance of 1784, had divided the Northwest Territory into separate self-governing districts. This law had stated that when at least 20,000 people had moved to a district, the district could become a territory and elect its own legislature.

Three-Fifths Compromise

The Three-Fifths Compromise was a compromise between the Northern states and Southern states that was made at the Constitutional Convention. The states had already agreed that in one house of Congress, the number of representatives a state had would be determined by that state's population. Southern states therefore wanted the enslaved people in their states to be counted toward their states' populations. Northerners said this was unfair because enslaved people were treated as property, not as citizens. The two sides compromised by agreeing that three-fifths of all enslaved people would be counted toward a state's population for representation

Article 1 Section 8

The U. S. Constitution grants different powers to each branch of the federal government. Article 1, Section 8 grants powers to the federal legislative branch, which is the U.S. Congress. Congress's powers include expressed powers, which are directly stated.

exclusive powers

The U.S. Constitution grants each of the three branches of the national government exclusive powers. It also gives exclusive powers to the federal government. This is in contrast to concurrent powers, which are those shared between the national and state governments.

Inherited Powers

The U.S. Constitution grants government different kinds of powers. Inherent powers are those given to the government or office simply because it exists. All governments have certain inherent powers. These powers are not directly stated in the Constitution because people generally agree that they are part of the nature of governing. For example, establishing and protecting national borders is an inherent power of a national government.

Virginia Plan

The Virginia Plan was a proposal that Edmund Randolph of Virginia offered at the Constitutional Convention in 1787. It was a plan for establishing the legislative branch of the federal government and determining how many representatives each state would have in the legislature. Randolph's plan called for two houses in the legislature, with the number of representatives in those houses to be determined by each state's population or wealth. This idea of proportional representation would give large states such as Virginia more power than small states. An opposing plan for the legislature came from William Paterson of New Jersey.

Shay's Rebellion

The nation of America that we know today did not simply appear over night after the American Revolution. Growing pains plagued the country for years, as leaders attempted to sort through both political and economic troubles. One incident that exemplifies this struggle is Shays's Rebellion.

Anti-Federalists

The people who supported the Constitution were called Federalists, because they believed that the country needed the strong federal government created by the new Constitution. Those who opposed the Constitution were called Anti-Federalists because they thought the federal government the document created was too strong.

Separation of Powers

The phrase separation of powers refers to the separation of powers among the legislative, executive, and judicial branches of government so that no one branch becomes too strong. The Baron de Montesquieu, a French philosopher, was one of the first people to write in support of this idea.

Preamble

The preamble to the U.S. Constitution, written in 1787, begins with the words "We the people," which refer to the fact that the power of the U.S. government comes from its citizens. The preamble then lists six purposes for which the Constitution was written. The first of these purposes, "to form a more perfect union," means that the founders wanted to create a union of states that was as good as it could possibly be. Second, "to establish justice" refers to the creation of a legal system that is fair. Third, "to ensure domestic tranquility" means guaranteeing peace within the country. Fourth, "to provide for the common defense" means the Constitution allows the government to protect the nation from foreign attacks. Fifth, "to promote the general welfare" means taking care of the well-being of people. The sixth purpose, "to secure the blessings of liberty to ourselves and our posterity," means keeping Americans free in both the present and the future.

Federalism

The subdivisions are united in some way but still hold on to their political identity and have certain powers and rights. A country with a federal system has this structure of government. Within that system the term federal government is used to refer to the central government. Nations all over the world have federal systems, and these systems can vary greatly. In Switzerland, for example, the 26 subdivisions, called cantons, are very different historically and culturally. The Russian Federation contains great diversity as well. Some of the different republics in the federation are made up of distinct ethnic groups with very distinct cultures

interstate commerce

The term interstate commerce describes commercial or business activities that involve more than one state or go across state boundaries. Examples of interstate commerce include businesses that sell things to people or businesses in other states, businesses that have branches in more than one state, and transportation systems that cross state lines. Congress has the power to regulate interstate commerce, according to Article 1, Section 8, Clause 3, of the Constitution. Over the course of the history of the United States, the federal government has used this clause, known as the commerce clause, to broaden its powers.

Unicameral

When the United States first became independent in 1776, its leaders wrote the Articles of Confederation, the nation's first plan for government. This document created a loose union of 13 states. It had a court system and a Congress but no president or executive branch. The Congress was unicameral, with representatives from each state meeting in a single chamber.

implied powers

o imply is to let something be known without directly stating it. The implied powers of government are powers that are not specifically listed in the Constitution but that people generally agree the government has. For example, the Constitution did not specifically give Congress the power to create a national bank. However, in 1819, the Supreme Court ruled that Congress did have this power because it had the powers to tax, to borrow money, and to regulate commerce. Article 1, Section 8, of the Constitution lists many specific powers that Congress has, which are known as the enumerated powers.

President of the United States

the president of the United States is the nation's top elected official. The president serves as both of the head of government and the head of state. According to Article 2 of the U.S. Constitution, the president must be a U.S. citizen from birth, be at least 35 years old, and have lived in the United States for at least 14 years. Voters choose the president indirectly through the electoral college.