ch.1&2: the constitution

Factions

Def: A group of individuals concerned with one political purpose or motive that they share in common. Sig: Allows the continuation of the belief that people are bound to have differing opinions, and should be able to think and express accordingly.

The Federalist Papers

Def: A series of eighty-five political papers written by John Jay, Alexander Hamilton, and James Madison in support of the Federal Party and the ratification of the Constitution. Sig: One of the first instances in United States history wherein a form of media, the newspaper, was utilized to persuade public opinion, ultimately provoking ratification.

Republic/Indirect Democracy

Def: A system of government where citizens choose representatives by ballot. These representatives then make decisions on behalf of the people. Sig: America today has elements of an indirect democracy. This came out of colonists' fear of a strong central government. It is more effective and fitting for a large nation like the U.S. because it allows citizens to not have to vote on every decision.

Formal Amendment

Def: An amendment explicitly added to the constitution through legislative approval. Requires a 2/3 vote in congress to be proposed, and a ¾ vote from state legislatures. There are currently 27 amendments to the US constitution, and more can be added through this process. Sig: The US constitution was created in a way that it could be formally amended to adjust throughout time. This allows for the flexibility and ability of the government to serve the rights of the people as times change.

Federalist Paper 51

Def: Considers the branches of government, and the nature of the Check and Balance System. While each branch is independent, each branch has the power to check the power of another branch, limiting "usurpations" of power, and providing a government for the good of the people. In this system, individual interests are more easily recognized. The branches must regulate the people, while regulating themselves. Sig: Set a precedence and greater understanding of the American three-house government system. Ensured that government institutions did not gain unreasonable power, and that the power was always used for the good of the people. Prevented one branch of government from becoming too powerful, like how the executive branch had far greater power than it should have in Britain.

Federalist Paper 10

Def: Discusses the danger of factions in politics. Madison describes how a large democracy can control the violence of factions, since no large group will have majority interest. A large democracy provides for a broader scope of public interest. IN this system, the individual rights of citizens are the first object of government. In a republic specifically, each representative will have "patriotism and a love of justice" that allows them to make good decisions for the benefit of the people. Sig: Defines the existence of individual liberties, and protects against their abuse. Describes the nature and pitfalls of factions, warning citizens of the dangers of succumbing to factional interests. The US is clearly divided into two parties today, showing Madison's validity in his comments concerning the dangerous nature of factions.

John Locke

Def: Enlightenment philosopher; believed that everyone is born with natural rights to life, liberty, and personal property, and that a government is responsible to protect these rights. If a government is not upholding this duty, the citizens have the right to remove it. Sig: His ideas were crucial to the formation of the US government, particularly the principle of natural rights. The US government has the utmost goal of upholding the natural rights of citizens.

Shay's Rebellion

Def: In 1780's Massachusetts, a new constitution was adopted that favored the interests of the wealthy. The middle class could not vote or hold office, and all debts had to be paid in cash. Angered by this situation, Daniel Shay took action by organizing a militia of 1,500 farmers and war veterans, to protest their farms being foreclosed. The central government was unable to form a militia to fight them because one state (Virginia) would not approve this action. Eventually a private militia quelled the rebellion Sig: instance proved that the Articles of Confederation were too weak, and a stronger federal government would be necessary. This, among other things, led to the Constitutional Convention.

Great Compromise

Def: In the Constitutional convention, the Virginia plan (favored by larger states) provided for a one house legislature with representation based on population, while the New Jersey Plan (favored by smaller stated) provided for a one house legislature where each state held one vote in legislative decisions. The Great Compromise, which was the solution to this gridlock, provided for a two house legislature. In the House of Representatives, each state would have representation based on population, but in the Senate, each state would have equal representation. Sig: Appeased both the north and the south on legislative matters, allowing the constitution to be passed. Created a system that limited corruption in Congress, and prevented any one state from obtaining too much power in decision-making.

3/5 Compromise

Def: In the constitutional convention, large slaveholding states wanted their slaves to be counted as people, only for the sake of gaining more representation in Congress. However, slaves were commonly viewed as property. However, smaller northern states did not want the south to have too much representation in the House. In the end, a compromise was reached where each slave would count as 3/5 of a citizen in representation in congress. Sig: Gave southern states a significant advantage in the House of Representatives, since they had more representation.

Informal Amendment

Def: Judicial Review and societal and cultural changes provoke this method of amendment, wherein constitutionally is discerned by the Supreme Court or a court of law, thus adding an implication of the Constitution. Sig: This allows the Constitution to accommodate for the changing wants and times years past ratification.

Necessary and Proper Clause

Def: Listed in Article 1 of the constitution. Gives congress the power to create laws to allow them to fully exercise their enumerated powers. Sig: Gives congress power beyond their expressed powers.

Separation of Powers

Def: New Jersey Plan: plan presented in the Continental Congress, where there would be a one-house legislative branch where each state held one vote. Favored by the smaller states, because their voices would be heard in decision-making Sig: was not implemented on its own, but the idea of a one-house legislature was translated to become the Senate in the eventual congress.

Marbury vs. Madison

Def: On his last day in office, John Adams appointed 42 justices, but they were not delivered before Adam's term as president was finished. William Marbury, although not officially appointed, demanded his commissions from secretary of state James Madison. He was not given the commission, per the Judiciary Act of 1789. Sig: Established the standard of Judicial Review, which allows the judicial branch to check any legislation given by congress, and deem it constitutional or unconstitutional. Part of the informal method of amendment to the constitution—it allows compromises and adjustments to be made to the constitution through different eras and periods of time.

social contract theory

Def: Popular theory that came out of the Enlightenment. Citizens' natural rights should be protected. Therefore, citizens must give their consent to be governed, and government cannot enforce their power without this consent. Additionally, citizens have the right to overthrow a government that infringes on their natural rights. Sig: This theory was the basis of John Locke's principles, which were key in the formation of the US Declaration of Independence and Constitution.

Implied Powers

Def: Powers not expressly given to congress in the Constitution, but what may be necessary for Congress to fulfill their explicit powers, at their own consent, and as they deem "necessary and proper." Examples: power to raise an army and navy, power to create departments, regulate banking, establish post offices, regulate immigration Sig: allows the constitution to be interpreted past what is explicitly. This is important as the nation ages and shows different needs in different eras.

Articles of Confederation

Def: The first system of government in America following the revolutionary war. It was largely ineffective because it was formed out of fear of a powerful central government. The colonists were uneager to vest power in a central government after being tied to Britain for so long. In this system, states had sovereignty within their territory, and each state held one vote in Continental Congress. There were several problems with the confederation because all measures had to be passed unanimously by the states, so it was difficult for any decisions to be made. Congress had no power to tax, so war debts could not be paid easily. Congress had no power over money and commerce, and there was no executive or judicial branch of government. Sig: Problems with the Articles led to a desire to form a stronger central government to unite the states. The first constitution was drafted as a result.

Bill of Rights

Def: The first ten amendments to the Constitution. Enumerate the individual liberties of each citizen. Sig: The Bill of Rights was what persuaded the remaining anti-ratification states of North Carolina and eventually Rhode Island, while assuaging the qualms of anti-federalist peoples. Still protects individual liberties today.

Natural Rights

Def: Theory that all individuals are born naturally free and equal, regardless of race, social status, economic status, and other factors. Sig: These are a key component of the US constitution and bill of rights. The founding fathers stated that the US government must function to protect these rights, and should have no higher goal.

Federalists

Def: Those who favored a stronger national government and supported the proposed U.S. Constitution; later became the first political party. Sig: The Federalist Party won favor in the ratification of the Constitution, which then established a Federal System, winning over the Anti-Federalists, and emerging as one of the first factions.

political Gridlock

Def: When the House or Senate are controlled by different parties, Congress is controlled by a different party than the Executive branch, or any other combination, it is difficult to make decisions because each party is purporting their own agenda. This is called political gridlock. Sig: Seen multiple times throughout US history. In writing the constitution, the issue of slavery brought ratification to a temporary halt. Today, The House is controlled by Republicans, and the Executive Branch by Democrats, so any decisions by the house are easily bounced back due to the differing agenda of the president.

Supermajority

Def: While a simple majority is typically 50% plus one vote, a supermajority vote requires a 2/3 vote. This method is used in congress with a few issues, including impeachment and amending the constitution. Typically, a simple majority vote is used. Sig: Allows more serious decisions in legislation to warrant greater approval, ensuring that each decision is beneficial to the public good, and not simply skewed by simple majority politics.

Anti Federalists

Def: a group that opposed ratification of the constitution. Predominantly farmers who had settled in the west of the country. They feared that the new central government would attain too much power, like it did in Britain. They believed that the constitution would lead to corruption in government. Above all, they feared that the constitution threatened individual liberties. They were angered that a bill of rights was not in the original constitution, and many would not ratify the constitution until this was included. Sig: By preventing the passage of the constitution without a bill of rights, the Anti Federalists were the spur for creating a bill of rights in the constitution, which protects individual liberties to this day.

Federal System

Def: a system of government where states and central government share power. While the federal government has authority in certain areas, other issues are left to the states. In this system, the federal government has supremacy in conflict. Sig: new system implemented with the US Constitution. Much more effective than the Articles, where the states held supreme power. This allowed a more central authority to be active in the United States.

Enumerated Powers

Def: certain powers and abilities explicitly given to congress in article 1 section 8 of the constitution. Includes: coining money, regulating interstate and foreign commerce, power to raise an army, borrowing money/taking out debt, issuing patents and copyrights, setting rules of immigration and bankruptcy, creating departments, setting weights and measures Sig: these powers give congress significant power and ensure that the powers are delegated among the three branches, so no single branch is superior over the other.

Popular Sovereignty

Def: idea that people have the authority to alter government if it doesn't sufficiently protect their natural rights. The authority of government is valid only with the consent of the people. Sig: in the U.S., this principle was used to warrant some decision-making to the states. Instead of the government deciding on every issue, some issues were left to the states to decide, for example, the voting age.

Virginia Plan

Def: proposed in the first continental. Suggested a one-house legislature with representation based on population size, as opposed to one vote per state (see "New Jersey Plan"). This plan greatly favored the larger states with greater population, as they would receive greater representation in congress. Sig: The idea of a population-based legislature later became the House of Representatives in a bicameral legislature.

majority rule

Def: rule that measures must be passed with 50% + 1 vote. Sig: This system was used in the Articles of Confederation, and proved to be a flawed system of decision making, leading to the formation of the Constitution.

Checks and Balances

Definition: A governmental structure that gives each of the three branches of government some degree of oversight and control over the actions of the others. Significance: This, along with separation of powers, prevents the formation of a single power entity, like that of Britain, that abuses the rights of the people.