AP Government: The Constitution (Ch.2)

Bills of Attainder

A bill of attainder (also known as an act of attainder or writ of attainder or bill of pains and penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without a trial.

Democracy

A democracy is a system of government by the whole population or all the eligible members of a state, typically through elected representatives. -government by the people for the people

Check and Balances

Congress approves presidential nominees and controls budget. It can pass laws over the president's veto and can impeach the president and remover him or her from office. The senate confirms the president's nominations. Congress can impeach judges and remove them from office. The president can veto congressional legislation. The president nominates judges and enforces judicial opinions. The court can declare laws unconstitutional. The court can declare presidential acts unconstitutional.

Direct Democracy

Direct democracy is a form of government in which all laws are created by a general vote of society

What are the five elements of American Democracy?

Equality in Voting Effective Participation Enlightened Understanding Citizen Control of the Agenda Inclusion

Ex Post Facto

Ex Post Fact is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts.

What are six guiding principles of the US constitution?

Federalism, Popular Sovereignty, Checks and Balances, Judicial Review, Limited Government, Separation of Powers

Federalist 10

Federalist No. 10 (Federalist Number 10) is an essay written by James Madison as the tenth of The Federalist Papers, a series arguing for the ratification of the United States Constitution. No. 10 addresses the question of how to guard against "factions", or groups of citizens, with interests contrary to the rights of others or the interests of the whole community. Madison argued that a strong, united republic would be better able to guard against those dangers than would smaller republics—for instance, the individual states. Opponents of the Constitution offered counterarguments to his position, which were substantially derived from the commentary of Montesquieu on this subject.

Shays Rebellion

Shays' Rebellion is the name given to a series of protests in 1786 and 1787 by American farmers against state and local enforcement of tax collections and judgments for debt. Although farmers took up arms in states from New Hampshire to South Carolina, the rebellion was most serious in Massachusetts, where bad harvests, economic depression, and high taxes threatened farmers with the loss of their farms. The rebellion took its name from its symbolic leader, Daniel Shays of Massachusetts, a former captain in the Continental army.

Social Contract Theory

Social contract theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.

Power of Judicial Branch

determines whether Constitution allows certain laws to be passed Judicial review (Marbury v. Madison)

Writ of Habeas Corpus

A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.

Anti-Federalists v. Federalists a)How do the 1st and 10th amendment address the concerns of Anti-Federalists?

Anti-Federalists small farmers, shopkeepers, laborers strong state govt. weak central govt. direct election of officials shorter terms rule by common man strengthened protections for individual liberties Federalists large landowners, wealthy merchants, professionals weaker state govt. strong national govt. indirect election of officials longer terms govt. by the elite expected few violations of individual liberties

Federalist 51

Federalist No. 51, titled: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments, is an essay by James Madison, the fifty-first of The Federalist Papers. One of the most famous of The Federalist Papers, No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. One of its most important ideas is the often quoted phrase, "Ambition must be made to counteract ambition".

Federalist 78

Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers.The essay was published May 28, 1788 and first appeared in a newspaper on June 14 of the same year. It was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States; it is the first of six essays by Hamilton on this issue. In particular, it addresses concerns by the Anti-Federalists over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges that would be appointed for life. Federalist No. 78 is titled, "The Judiciary Department."

Indirect Democracy

In indirect, or representative democracy, citizens elect representatives to make laws on their behalf. This is what most modern countries have today. In many representative democracies (Canada, the USA, Britain, etc.), representatives are most commonly chosen in elections where a winning candidate has to win more votes than any other candidate. That does not mean that it must be a majority of the votes cast. In theory other methods, such as sortition (more closely aligned with direct democracy), could be used instead. Also, representatives sometimes hold the power to select other representatives, presidents, or other officers of government (indirect representation).

James Madison

James Madison, Jr. (March 16, 1751 - June 28, 1836) was an American statesman, political theorist, and the fourth President of the United States (1809-17). He is hailed as the "Father of the Constitution" for being instrumental in the drafting of the U.S. Constitution and as the key champion and author of the Bill of Rights. He served as a politician much of his adult life. After the constitution had been drafted, Madison became one of the leaders in the movement to ratify it. His collaboration with Alexander Hamilton and John Jay produced The Federalist Papers (1788).

Judicial Review

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

Key Differences between the Articles of Confederation and the Constitution: a) How did framers address the economic problems that existed under the AF? b)How did framers address the problem of decentralization of power that existed under the AF?

Key Provisions of AF: weak central government no executive branch one chamber with one vote per state no courts no regulation of commerce taxation dependent on states required unanimous consent for amendment could raise and maintain an army and navy no power over states "league of frienship" Constituiton made a strong central govt, created 3 branches and outlines for their actions to keep them seperate but in check so no one branch can gain too much power congress regulated trade, taxing etc.

Power of Legislative Branch

Levy Taes Pay Debts Borrow Money Coin Money and regulate its value regulate interstate and foreign commerce establish uniform laws of bankruptcy punish piracy and counterfeiting create standard weights and measures establish post offices and post roads protect copyrights and patents

Marbury v. Madison

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

Formal Amendment Process a)How can the Constitution be informally changed?

Phase One: proposing amendments Congress can propose an amendment by a 2/3 vote in each house or a National Convention can propose an amendment requested by 2/3 of states (national convention has never been used) Phase Two: Ratifying Amendments State Conventions can ratify an amendment by a vote of 3/4 of states or State legislatures can ratify an amendment by a vote of 3/4 of the states The constitution can be informally changed overtime: Judicial Interpretation Changing Political Practice Technology Increased demands for new policies

Power of Executive Branch

President (Commander in Chief of Armed Forces), VP, Cabinet main responsibility is to enforce laws most power to pres

3/5ths Compromise

The "Three-fifths Compromise" allowed a state to count three fifths of each Black person in determining political representation in the House. -a compromise reached between delegates from southern states and those from northern states during the 1787 United States Constitutional Convention - debate was over whether, and if so, how, slaves would be counted when determining a state's total population for legislative representation and taxing purposes - population number would then be used to determine the number of seats that the state would have in the United States House of Representatives for the next ten years -gave the southern states a third more seats in Congress and a third more electoral votes than if slaves had been ignored -allowed slaveholder interests to largely dominate the government of the United States until 1865

Anti-Federalists

The Antifederalists were a diverse coalition of people who opposed ratification of the Constitution. -impressive group of leaders who were especially prominent in state politics -James Winthrop in Massachusetts, Melancton Smith of New York, Patrick Henry and George Mason of Virginia -were joined by a large number of ordinary Americans particularly yeomen farmers who predominated in rural America -strength in newer settled western regions of the country -believed that the greatest threat to the future of the United States lay in the government's potential to become corrupt and seize more and more power until its tyrannical rule completely dominated the people

Articles of Confederation

The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States' first constitution, and was in force from March 1, 1781, until 1789 when the present day Constitution went into effect.

Connecticut Plan aka "Great Compromise"

The Connecticut Compromise (also known as the Great Compromise of 1787 or Sherman's Compromise) was an agreement that large and small states reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. It retained the bicameral legislature as proposed by Roger Sherman, along with proportional representation in the lower house, but required the upper house to be weighted equally between the states. Each state would have two representatives in the upper house.

Declaration of Independence

The Declaration of Independence is the statement adopted by the Continental Congress meeting at Philadelphia, Pennsylvania on July 4, 1776, which announced that the thirteen American colonies,[2] then at war with Great Britain, regarded themselves as thirteen newly independent sovereign states, and no longer a part of the British Empire. Instead they formed a new nation—the United States of America. John Adams was a leader in pushing for independence, which was unanimously approved on July 2.

Federalist Papers

The Federalist (later known as The Federalist Papers) is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. Seventy-seven were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist; or, The New Constitution, was published in two volumes in 1788 by J. and A. McLean. The collection's original title was The Federalist; the title The Federalist Papers did not emerge until the 20th century.

Federalists

The Federalists were originally those forces in favor of the ratification of the Constitution and were typified by: A desire to establish a strong central government (unlike that which existed under the Articles of Confederation) A corresponding desire for weaker state governments The support of many large landowners, judges, lawyers, leading clergymen and merchants The support of creditor elements who felt that a strong central government would give protection to public and private credit.

New Jersey Plan

The New Jersey Plan (also widely known as the Small State Plan or the Paterson Plan) was a proposal for the structure of the United States Government presented by William Paterson at the Constitutional Convention on June 15, 1787.The plan was created in response to the Virginia Plan, which called for two houses of Congress, both elected with apportionment according to population. The less populous states were adamantly opposed to giving most of the control of the national government to the more populous states, and so proposed an alternative plan that would have kept the one-vote-per-state representation under one legislative body from the Articles of Confederation. The New Jersey Plan was opposed by James Madison and Edmund Randolph (the proponents of the Virginia Plan). Under the New Jersey Plan, the unicameral legislature with one vote per state was inherited from the Articles of Confederation. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so.

Virginia Plan

The Virginia Plan (also known as the Randolph Plan, after its sponsor, or the Large-State Plan) was a proposal by Virginia delegates for a bicameral legislative branch.The plan was drafted by James Madison while he waited for a quorum to assemble at the Constitutional Convention of 1787.The Virginia Plan was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the proposed national legislature.

Natural Rights

a political theory that individuals have basic rights given to them by nature or God that no individual or government can deny