The Electoral College, the Constitution, and Federalists #2

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade).

Urban Area

A central city and its surrounding built-up suburbs.

Amendment

A change in, or addition to, a constitution or law.

Bankruptcy

A condition under which a person or corporation is declared unable to pay debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

Bicameral

A legislature consisting of two parts, or houses.

Presumption of Innocence

A person is innocent of a crime, even when arrested for that crime, until they are proven guilty in a court of law; innocent until proven guilty.

Plaintiff

A person who brings a case against another in a court of law.

Republicanism

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.

Abolitionists

Anti-slavery activists who demanded the immediate end of slavery and the slave trade.

Article One of the Constitution

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate.

Article Two of the Constitution

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

Supreme Law of the Land

Article VI, Section 2 of the U.S. Constitution, states that all laws made by governments within the United States must be in compliance with the U.S. Constitution; known as the Supremacy Clause.

Taxes

Fees for the support of government required to be paid by people and businesses.

Daniel Shays

Head of Shay's Rebellion; he and several other angry farmers violently protested against debtor's jail; eventually crushed; aided in the creation of the Constitution because land owners now wanted to preserve what was theirs from "mob rule."

Pork-Barrel Legislation

Legislation or laws passed by Congress that appropriates money for local federal projects.

Unicameral

One-house legislature.

Anti-Federalists

Opponents of ratification of the Constitution and of a strong central government, generally they favor a weaker national government.

Right to an Attorney

Protected by the 6th Amendment.

Imprisonment

Putting someone in prison or in jail as lawful punishment.

American Anti-Slavery Society

The American Anti-Slavery Society (AASS; 1833-1870) was an abolitionist society founded by William Lloyd Garrison and Arthur Tappan. Frederick Douglass, an escaped slave, was a key leader of this society who often spoke at its meetings. William Wells Brown was also a freed slave who often spoke at meetings. By 1838, the society had 1,350 local chapters with around 250,000 members.

Judicial Review

The power of the courts to declare laws unconstitutional.

The US Senate

The upper house of the United States Congress, based on equal representation, thus each state gets two senators for a total of 100 members.

Impeach

To charge a public official with a crime for the purpose of removing them from office.

Brutus

"Brutus" was the pseudonym or pen name of an Antifederalist in a series of essays designed to encourage citizens to reject the proposed Constitution. His series are considered among the best of those written to oppose adoption of the proposed constitution.

Publius

"Publius" was the pseudonym or pen name used by Alexander Hamilton (who became the first U.S. Secretary of the Treasury), James Madison (who became the fourth U.S. President), and John Jay (who became the first Chief Justice of the U.S. Supreme Court) to write the 85 papers that make up the Federalist Papers. Publius is Latin for "public man"

Luther Martin

A Maryland delegate and slave owner who considered the slave trade contrary to America's ideals. "It is inconsistent with the principles of the Revolution," he said, "and dishonorable to the American character to have such a feature in the constitution."

Confederation

A confederation is a union of sovereign groups or states united for purposes of common action.

Criminal Cases

A court proceeding in which a person who is charged with having committed a crime or an act against the community or state is brought to trial and either found not guilty or guilty and sentenced.

Court of Appeals

A court that hears appeals of trial court decisions; also known as appellate courts.

Republic

A form of government in which citizens choose their leaders by voting.

Tyranny

A form of government in which the ruler is an absolute dictator (not restricted by a constitution or laws or opposition etc.)

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court; an appeal for a hearing. The Court receives more than 7,000 petitions for a writ of certiorari every year; it grants less than 200 of them.

Tariff

A government tax on imports or exports.

Jury

A group of citizens sworn to abide by the laws to determine the truth according to the evidence presented in a court of law.

Patrick Henry

A leader of the American Revolution from Virginia and a famous orator who proclaimed "Give me liberty or give me death" against British rule of the American colonies; a vocal anti-federalist.

Metropolitan Area

A major population center made up of a large city and the smaller suburbs and towns that surround it.

Balance of Power

A political situation in which no one nation or group is powerful enough to pose a threat to others.

Presidential Veto

A president's authority to reject a bill passed by Congress; may be overridden only by a two-thirds majority in each chamber.

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Federalism

A system in which power is divided between the national or federal government and the state governments.

Slavery

A system of enforced servitude in which people are owned by other people and treated like property and forced to work without pay. Slavery relies heavily on the enslaved person being intimidated either by the threat of violence or some other method of abuse.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power.

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures, generally they favor a stronger national or central government.

Treaty

A treaty is a formal and binding written agreement entered into by actors in international law, usually sovereign states and international organizations but can include other individuals.

Cabinet

Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.

Alexander Hamilton

Alexander Hamilton was an American statesman, politician, legal scholar, military commander, lawyer, banker, and economist. He was one of the Founding Fathers of the United States. He was an influential interpreter and promoter of the U.S. Constitution, as well as the founder of the nation's financial system, and the Federalist Party. As the first secretary of the treasury, Hamilton was the main author of the economic policies of George Washington's administration. He took the lead in the federal government's funding of the states' debts, as well as establishing the nation's first two de facto central banks, the Bank of North America and the First Bank of the United States, a system of tariffs, and friendly trade relations with Britain. His vision included a strong central government led by a vigorous executive branch, a strong commercial economy, government-controlled banks, support for manufacturing, and a strong military.

Roger Sherman

American Revolutionary leader from Connecticut and signer of the Declaration of Independence, the Articles of Confederation, and the United States Constitution. He proposed the Connecticut Plan, otherwise known as the Great Compromise.

George Mason

American Revolutionary leader from Virginia and Anti-Federalist who strongly opposed the ratification of the Constitution, his objections led to the drafting of the Bill of Rights. Mason, a slave owner, believed that "slavery also corrupted enslavers and threatened the country with divine punishment."

Frederick Douglass

American abolitionist and writer, he escaped slavery and became a leading African American spokesman and writer. He published his biography, The Narrative of the Life of Frederick Douglass, and founded the abolitionist newspaper, the North Star.

Thurgood Marshall

American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor.

Rebellion

An act of violent or open resistance to an established government or ruler.

Override

An action taken by Congress to reverse a presidential veto, requiring a two-thirds majority in each chamber.

Rural Area

An area of small towns or farms, countryside.

Precedent

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Defendant

An individual, company, or institution sued or accused of an offense in a court of law.

Prejudice

An unjustifiable (and usually negative) attitude toward a group and its members. Prejudice generally involves stereotyped beliefs, negative feelings, and a predisposition to discriminatory action.

Shay's Rebellion (1786)

Armed uprising of western Massachusetts debtors seeking lower taxes and an end to property foreclosures. Though quickly put down, the insurrection inspired fears of "mob rule" among leading Revolutionaries.

Article Five of the Constitution

Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Article Four of the Constitution

Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.

Fugitive Slave Clause

Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners. It was later abolished in the Thirteenth Amendment.

Article Seven of the Constitution

Article Seven of the United States Constitution sets the number of state ratifications necessary in order for the Constitution to take effect and prescribes the method through which the states may ratify it.

Article Six of the Constitution

Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.

Article Three of the Constitution

Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress.

Constitutionalism

Basic principle that government and those who govern must obey the law; the rule of law.

Benjamin Franklin

Benjamin Franklin was an American polymath and one of the Founding Fathers of the United States. Franklin was a leading writer, printer, political philosopher, politician, Freemason, postmaster, scientist, inventor, humorist, civic activist, statesman, and diplomat. As a scientist, he was a major figure in the American Enlightenment and the history of physics for his discoveries and theories regarding electricity. As an inventor, he is known for the lightning rod, bifocals, and the Franklin stove, among other inventions. He founded many civic organizations, including the Library Company, Philadelphia's first fire department, and the University of Pennsylvania.

Necessary and Proper Clause (Elastic Clause)

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government.

Monopoly

Complete control of a product or business by one person or group.

Three-Fifths Compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.

The Great Compromise

Compromise proposed by Roger Sherman and Oliver Ellsworth of Connecticut during the Constitutional Convention in which states would have equal representation in one house of the legislature and proportional representation based on population in the other house.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.

Civil Cases

Court cases that involve disputes between people or businesses over money or some injury to personal rights are called "civil" cases. A civil case usually begins when one person or business (called the "plaintiff") claims to have been harmed by the actions of another person or business (called the "defendant").

Cruel and Unusual Punishment

Court sentences prohibited by the 8th Amendment.

Federal Courts

Deal with problems between states; they also handle cases that deal with the Constitution and the laws made by Congress.

State Courts

Deal with problems within the state; they deal with state criminal and civil cases and appeals.

Delegated Powers

Delegated powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. These are also sometimes called "enumerated" or "expressed" powers. The delegated powers include the power to coin money, to regulate commerce, to raise and maintain armed forces, and to declare war.

How a Bill becomes a Law

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be sent to the President of the United States. If he approves he shall sign it, but if not he shall return it, with his reasons for not signing or vetoing the Bill.

Despotic

Exercising absolute power; tyrannical, oppressive, dictatorship, authoritarian.

Extradition

Extradition, the legal process in which an accused criminal is returned to the state where the crime was committed, is also required by Article IV.

Ratification

Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty.

George Washington

George Washington was an American political leader, military general, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Previously, he led Patriot forces to victory in the nation's War for Independence. He presided at the Constitutional Convention of 1787, which established the U.S. Constitution and a federal government. Washington has been called the "Father of His Country" for his manifold leadership in the formative days of the new nation.

Implied Powers

Implied powers are not specifically stated in the Constitution. However, they may be inferred from the elastic clause, also known as the "necessary and proper" clause (Article I, Section 8). This provision gives Congress the right "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States."

Ideals or Founding Principles

Important beliefs or goals that are thought to bring about greater harmony to ourselves and to others. Stated in the Preamble of the United States Constitution.

Settlement

In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.

Inherent Powers

Inherent powers are not specifically listed in the Constitution, but they grow out of the very existence of the national government.

James Madison

James Madison was an American statesman, diplomat, expansionist, philosopher, and Founding Father who served as the fourth president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights. He co-wrote The Federalist Papers, co-founded the Democratic-Republican Party, and served as the fifth United States Secretary of State from 1801 to 1809.

Unlimited Government

No restraints are placed on the authority of the government. Individual rights are curbed. Includes tyranny, totalitarian and authoritarian forms of government.

Unconstitutional

Not permitted by the Constitution; illegal.

Oliver Ellsworth

Oliver Ellsworth was an American lawyer, judge, politician, and diplomat from Connecticut. He was a Framer of the United States Constitution and helped propose the Great Compromise. He was also a United States Senator and the third Chief Justice of the United States Supreme Court.

17th Amendment

Passed in 1913, this amendment to the Constitution calls for the direct election of Senators by the voters instead of their election by state legislatures.

Prohibited Powers

Prohibited powers are denied either to the national government, state governments or both (Article I, Section 9). For example, the national government cannot exercise its powers in such a way as to interfere with the states' abilities to perform their responsibilities.

William Lloyd Garrison

Prominent American abolitionist, journalist and social reformer. Editor of radical abolitionist newspaper "The Liberator", and one of the founders of the American Anti-Slavery Society.

Representatives

Representatives or Congressmen are members of the House of Representatives or lower chamber of the United States Congress and serve for a two-year term. Elections to the House are considered for reelection every even year. 435 members.

Senators

Senators are members of the Senate or upper chamber of the United States Congress and serve for a six-year term. Elections to the Senate are staggered over even years so that only about 1/3 of the Senate is up for reelection during any election. 100 members.

Concurrent or Overlapping Powers

Some powers of federal and state governments overlap. For example, both may — and do — levy taxes, make and enforce laws, and borrow money. These powers are not granted exclusively to the national government, nor are they denied to the states.

Chief Justice

The Chief Justice is the presiding member of the Supreme Court who presides over the court's public sessions.

Reserved Powers

The Constitution also identifies reserved powers, which are set aside for the states. Unlike delegated powers, they are not listed specifically, but are guaranteed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people."

U.S. Constitution

The Constitution of the United States is the supreme law of the United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). Article IV, Article V and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified national constitution in force.

Federalist Papers

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The essays were published anonymously, under the pen name "Publius," they were written to urge citizens to support ratification of the proposed U.S. Constitution.

Founding Fathers

The Founding Fathers of the United States, or simply the Founding Fathers or Founders, were a group of American leaders who united the Thirteen Colonies, led the war for independence from Great Britain, and built a frame of government for the new United States of America upon republican principles during the latter decades of the 18th century. The Founding Fathers were: John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington based on the critical and substantive roles they played in the formation of the country's new government. Adams, Jefferson, and Franklin were members of the Committee of Five that drafted the Declaration of Independence. Hamilton, Madison, and Jay were authors of The Federalist Papers, advocating ratification of the Constitution. Jay, Adams, and Franklin negotiated the Treaty of Paris (1783) that would end the American Revolutionary War. Washington was Commander-in-Chief of the Continental Army and was president of the Constitutional Convention. All held additional important roles in the early government of the United States, with Washington, Adams, Jefferson, and Madison serving as president. Jay was the nation's first chief justice, Hamilton was the first Secretary of the Treasury, and Franklin was America's most senior diplomat, and later the governmental leader of Pennsylvania.

The State of the Union Address

The State of the Union Address is an annual message or speech delivered by the President of the United States to a joint session of the United States Congress at the beginning of each calendar year to describe or explain the nation's condition and to recommend programs and policies.

Bill of Rights (1791)

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787-88 debate over the ratification of the Constitution, and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the U.S. Congress by the Constitution are reserved for the states or the people.

Discrimination

The act of making unjustified and unfair distinctions between human beings based on the groups, classes, or other categories to which they are perceived to belong. People may be discriminated on the basis of race, gender, age or sexual orientation, as well as other categories.

Emancipation

The act or process of being set free from legal, social, or political restrictions; liberation from slavery.

Executive Branch

The branch of government that carries out laws.

Judicial Branch

The branch of government that interprets laws.

Legislative Branch

The branch of government that makes the laws.

Treason

The crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.

Corruption

The dishonest or fraudulent conduct by those in power, typically involving bribery and other crimes.

We the People

The first three words of the U.S. Constitution, placing the idea of popular sovereignty at the beginning of the founding document of the United States.

Shaysites

The followers of Daniel Shays; protesters in Shays's Rebellion that protested at courthouses against judges because of the foreclosing and seizure of their belongings by creditors after the war; many of them were farmers and war veterans who couldn't afford to pay their bills after the Revolutionary War.

Liberty

The freedom of choice; freedom from government control.

Supreme Court

The highest federal court in the United States. The "court of last resort" consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. The Supreme Court exercises the power of Judicial Review to determine the constitutionality of the nation's laws.

Proportional Representation

The idea that each state receives a proportion of legislative seats corresponding to its proportion of the national population.

Equal Representation

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

Illiteracy

The inability to read or write.

Suffrage

The legal right to vote in the United States, gradually extended to virtually all citizens over the age of 18.

The House of Representatives

The lower house of the United States Congress, based on proportional representation, thus each state has a different number of representatives depending on their state population for a total of 435 members.

Constitutional Convention (1787)

The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. Instead the delegates designed a new plan of government, the U.S. Constitution; also called the Philadelphia Convention.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Doctrine of Preemption

The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. Under this doctrine, if a state or local law conflicts with a federal law, the state or local law must give way. (Supremacy Clause)

President of the United States (POTUS)

The president is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States armed forces. The president is in office for a term of four years, together with the vice president, elected for the same term.

Rule of Law

The principle that the law applies to everyone, even those who govern; no one is above the law.

Popular Sovereignty

The principle that the source of governmental power resides in the people. This belief stems from the concept of the social contract and the idea that a government should work for the benefit of its citizens.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States.

Electoral College System

The system responsible for electing the president. The number of delegates in each state is the sum of their Representatives and Senators. This system was instituted because the Framers feared that direct election of the president would lead to mob rule.

Trans-Atlantic Slave Trade

The trading of African people to the colonies of the New World in and around the Atlantic ocean.

Vice President of the United States

The vice president of the United States shall be president of the Senate and shall have no vote, unless the vote is needed to break a tie. In case of the removal of the president from office, or of his (or HER) death, resignation, or unable to do what the president must do, the job of president goes to the vice president.

Electoral Votes

The votes cast by the electoral college for president and vice president.

Thomas Jefferson

Thomas Jefferson was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He had previously served as the second vice president of the United States between 1797 and 1801. The principal author of the Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating American colonists to break from the Kingdom of Great Britain and form a new nation; he produced formative documents and decisions at both the state and national levels.

Injustice

Unfair treatment; a situation in which the rights of a person or a group of people are unfairly ignored.

Preamble of the US Constitution

We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.