Chapter Two: 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

Madisonian Model of Government

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 and explain 5 Constitutional amendments that expanded the right to vote

15th- prohibited racial discrimination 19th - gave women the right to vote 23rd - gave DC residents the right to vote 24th - prohibited poll taxes 26th - lowered voting age to 18

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)

Informal Amendment

A change made in the Constitution not by actual written amendment, but by the experience of government under the Constitution; the methods include (1) legislation passed by Congress; (2) actions taken by the President; (3) decisions of the Supreme Court; (4) the activities of political parties; and (5) custom

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 explanation to a judge why a prisoner is being held in custody.

Republic

A form of government with elected leaders

Anti-Federalists

A group who opposed the ratification of the Constitution in 1787. They opposed a strong central government (tyranny) and supported states' rights. "I smell a rat!"

Confederation

A joining of several groups for a common purpose.

Formal Amendment

A modification in the Constitution brought about through one of four methods set forth in the Constitution.

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.

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.

Judicial Review

Allows the court to determine the constitutionality of laws

Virginia Plan

Also known as the Big State Plan. Wanted proportional representation in Congress (based on population).

Bill of Rights

Although the Anti-Federalists failed to block the ratification of the Constitution, they did ensure that the Bill of Rights would be created to protect individuals from government interference and possible tyranny. The Bill of Rights, drafted by a group led by James Madison, consisted of the first ten amendments to the Constitution, which guaranteed the civil rights of American citizens.

Natural Rights

Basic rights that are guaranteed to all persons; basic rights that a government cannot deny-Locke-life, liberty, property

How can the constitution be changed informally?

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

Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

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

Declaration of Independence

Drafted in 1776 by T. Jefferson declaring America's separation from Great Britain (3 parts-New theory of government, reasons for separation, formal declaration of war and independence)

Direct Democracy

Government in which citizens vote on laws and select officials directly.

Limited Government

In this type of government everyone, including all authority figures, must obey laws. Constitutions, statements of rights, or other laws define the limits of those in power so they cannot take advantage of the elected, appointed, or inherited positions.

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 these.

New Jersey Plan

Opposite of the Virginia Plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to be bullied by larger states.

Decentralists

People who favor state or local action over national action

Inherent Powers

Powers that grow out of the very existence of government.

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.

Shays' Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Popular Sovereignty

The concept that political power rests with the people who can create, alter, and abolish government. People express themselves through voting and free participation in government

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.

U.S. Constitution

The government of the United States. A set of principles (guidelines) that describe the duties and powers of the government.

Consent of the Governed

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

In what ways does the Constitution expand and diminish the scope of government?

The separation of powers and the checks and balances established by the Constitution allow almost all groups some place in the political system where their demands for public policy can be heard. However, by providing effective access for so many interests, the Founders created a system of policymaking in which it is difficult for the government to act. The Constitution created political institutions and the rules for politics and policymaking. Many of these rules limit the government action. This limiting function is what the Bill of Rights and related provisions in the Constitution are all about. The goal for most of these limitations is primarily to protect liberty and to open the system to a broad range of participants.

Why did the Founding Fathers believe it was not necessary to address individual rights issues specifically in the Constitution?

They thought it would be easy to safeguard individualism.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Centralists

Those who favor greater national authority rather than state authority

Supermajority

a requirement for a proposal to gain a specified level of support greater than a 51% simple majority.

Federalist Papers

a series of 85 essays written by Hamilton, Madison, and Jay (using the name "publius") published in NY newspapers and used to convice readers to adopt the new constitution