The Constitution

What were three major equality issues at the Constitutional Convention and how were they solved?

1. Equality of the States Solution: Connecticut Compromise 2. Slavery Solution: 3/5ths compromise 3. Political Equality Solution: Leave it to the states

Explain the Madisonian model of American government by describing the three branches of government and the checks and balances system.

1. Place as much of the government as possible beyond the direct control of the majority. 2. Separate the powers of different institutions. 3. Construct a system of checks and balances.

What were the major economic problems addressed at the convention and how were they resolved?

1. The states had erected tariffs against products from other states 2. Paper money was virtually worthless in some states, but many state governments, which were controlled by debtor classes, forced it on creditors anyway 3. The Congress was having trouble raising money because the economy was in a recession Solution: Grant economic powers of Congress

List the constitutional amendments which expanded suffrage.

15th, 19th, and 26th.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name Publius to defend the Constitution in detail.

What are the federalist papers?

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name Publius to defend the Constitution in detail.

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the U.S. or by any state on account of sex." the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

What is meant by the "unwritten constitution"? Give some examples.

A country has no formal constitution, but they have multiple documents that serve a similar purpose. The Magna Carta, the Petition of Right and the English Bill of Rights are some examples.

Writ of Habeas Corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Separation of Powers

A 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.

Republic

A form of government in which the people select representatives to govern them and make laws.

How can the constitution be changed informally?

By judicial interpretation, political practice, changes in technology, and changes in the demands of policymakers.

Checks and Balances

Features 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.

Explain the differences in federalists and anti-federalists.

Federalists supported the constitution, the anti-federalists didn't.

Factions

Interest 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 factions.

Anti-federalists

Opponents of the American Constitution at the time when the states ere contemplating its adoption.

How might the constitution be amended?

Proposal and ratification. 1. 2/3rds of both houses of congress approve or a special convention is called at the request of 2/3rds state legislature. 2. 3/4ths of the state or convention agree.

Federalists

Supporters of the U.S. constitution at the time the states were contemplating its adoption.

Marbury vs. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the supreme court to determine the supreme meaning of the Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

Connecticut Compromise

The 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.

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

What did anti-federalists believe the constitution was a class based documents?

The federalists were generally wealthy and the Madisonian model of the Constitution strives to prevent a tyranny of the majority.

Articles of Confederation

The first constitution of the United States, adopted by congress in 1777 and enacted in 1781. The Articles established national legislature, the Continental Congress, but most authority rested with the state legislatures.

Bill of Rights

The first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defenders' rights.

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Constitution

A nation's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

What is a republic? What is a constitutional republic?

A republic with a Constitution.

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

Why did the founders not specifically address the individual rights issues in the original Constitution? What individual rights ARE addressed in the original body?

Individualism -and- 1. Prohibits suspension of the writ of habeas corpus (Article I. Section 9.) 2. Prohibits Congress or the states from passing bills of attainder 3. Prohibits Congress or the states from posting ex post facto laws. 4. Prohibits the imposition of religious qualifications for holding office in the national government. 5. Narrowly defines and outlines strict rules of evidence for conviction of treason. 6. Right to trial by jury in criminal cases.

Natural Rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to John Locke.

Consent of the Governed

The idea that government derives its authority by sanction of the people.

Judicial Review

The power of the courts to determine whether acts of Congress, and by the implication of the executive, are in accord with the Constitution.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Virginia Plan

The 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.