Chapter 2 The Constitution

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.

constitution

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

Shays' Rebellion

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

2.5 The Madisonian System

Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests. The Founders reconciled majority rule with minority interests by constraining both the majority and the minority. The Madisonian system did this primarily by dispersing power among separate branches of government, each with a somewhat different constituency, and giving them shared powers so that each branch had a check on the others.

2.2 The Government That Failed: 1776-1787

Analyze how the weaknesses of the Articles of Confederation led to its failure. The Articles of Confederation established a government dominated by the states, without a permanent executive or national judiciary. A weak central government could not raise sufficient funds to support a national defense, regulate commerce to encourage trade, protect property rights, or take action without the unanimous consent of the states.

2.8 Understanding the Constitution

Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government. The Constitution did not create a majoritarian democracy. Majorities do not always rule in America. Nevertheless, there has been a gradual democratization of the Constitution as the right to vote has expanded, direct election of senators has been instituted, electors have become agents of political parties, and technology has facilitated direct, two-way communication between office holders and the public. By protecting individual rights, and thus limiting the ability of officials to restrict them, the Constitution limits the scope of government. By dispersing power among institutions, it increases the access of interests to government but also allows these interests to check each other and produce a stalemate.

Federalists

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

Marbury v. Madison

The 1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress.

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 U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Bill of Rights

The first 10 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 defendants' rights.

Articles of Confederation

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

limited government

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

consent of the governed

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

judicial review

The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by Marbury v. Madison.

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.

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 United States or by any state on account of sex." The amendment failed to acquire the necessary support from three-fourths of the state legislatures.

2.3 Making a Constitution: The Philadelphia Convention

Describe the delegates to the Constitutional Convention and the core ideas they shared. The Framers of the Constitution were more educated, wealthy, and urban than most Americans. They shared some core ideas, including that people were self-interested, that the distribution of wealth was the principal source of political conflict, that the main object of government was protecting private property, and that power should be set against power to balance government.

2.1 The Origins of the Constitution

Describe the ideas behind the American Revolution and their role in shaping the Constitution. The American Revolution was built on the foundation of belief in natural rights, consent of the governed, limited government, the responsibility of government to protect private property, and the equality of citizens. The Constitution would reflect all these ideas.

2.7 Changing the Constitution

Explain how the Constitution can be formally amended and how it changes informally. Constitutional change—both formal and informal—continues to shape and alter the letter and the spirit of the Madisonian system. The formal amendment process, requiring supermajorities in both houses of Congress and among the states, poses difficult hurdles to overcome. However, judicial interpretation, changing political practices, technology, and the increasing demands on policymakers have also changed the constitutional system in fundamental ways, providing a valuable flexibility.

checks and balances

Features of the Constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.

factions

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

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.

Anti-Federalists

Opponents of the U.S. Constitution at the time when the states were contemplating its adoption.

natural rights

Rights inherent in human begins, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders.

2.4 Critical Issues at the Convention

Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue. Conflicts over equality led to the Connecticut Compromise, the three-fifths compromise over slavery, and the decision to leave the issue of voting rights to the states. The greatest inequality of all—that of slavery—was so contentious an issue that the Framers simply avoided addressing it. The Framers, many of whom belonged to the economic elite, believed that the American economy was in shambles and intended to make the national government an economic stabilizer. They also knew that a strong national government would be better able to ensure the nation's security. The specificity of the powers assigned to Congress left no doubt that Congress was to forge national economic policy. Because they believed that the limited government they had constructed would protect freedom, the Framers said little about individual rights in the Constitution. They did, however, take a number of specific steps, including substantially limiting the suspension of the writ of habeas corpus.

2.6 Ratifying the Constitution

Compare and contrast the Federalists and the Anti-Federalists in terms of their background and their positions regarding government. Ratification of the Constitution was not a foregone conclusion. The Federalists, who were largely from the economic elite, supported a strong national government and preferred to insulate public officials from public opinion. Anti-Federalists, largely from the middle class, supported a weaker national government and direct forms of democracy, ad they wanted stronger protection of individual liberties than the original Constitution offered. As a result, the Federalists promised to propose what became the Bill of Rights.