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Constitution Unit Test Review

Terms in this set (53)

Federalsim
Power divided between the national and state governments
Limited Government
Powers of the government are limited by the constitution.
Individual Rights
The rights guaranteed to the people
Popular Sovereignty
Power of the government resides with the people.
Republicanism
Government where people elect representatives to create laws
Checks and Balances
Each branch of government limits the powers of the other branches
Separation of Powers
The division of power among the legislative, executive, and judicial branches of government
Constitutional example of Federalism
10th Amendment- powers not delegated to the federal government by the Constitution, nor prohibited to the States, are reserved to the States, or to the people
Constitutional example of Individual Rights
Bill of Rights- 1st Ten Amendments to the Constitution
Constitutional example of Popular Sovereignty
"We the People"- found in the Preamble of the Constitution
Constitutional example of Separation of Powers
Articles I, II, III (Legislative, Executive, Judicial) all separate in the Constitution and states the specific jobs of each branch of government
Constitutional example of Checks and Balances
Executive can veto a bill, Legislative can override veto, Judicial can declare laws unconstitutional
Federalists
Supporters of ratification of the Constitution and of a strong national government
Anti-Federalists
Opponents of ratification of the Constitution and favored a weak national government
Alexander Hamilton
Leader of the Federalists during the ratification debate. Wrote 51 essays of the Federalist Papers.
James Madison
A Federalist who was the primary author of the Constitution and the Bill of Rights- "Father of the Constitution". Wrote 29 essays of the Federalist Papers.
John Jay
A Federalist who wrote 5 essays of the Federalist Papers.
George Mason
Leader of the Anti-Federalists who strongly opposed the ratification of the Constitution without the a Bill of Rights
Patrick Henry
Anti-Federalist who opposed a strong federal government and the ratification of the Constitution without a Bill of Rights
Samuel Adams
Anti-Federalist who opposed a strong federal government and the ratification of the Constitution without a Bill of Rights
Charles de Montesquieu
French philosopher whose theory of the separation of powers of government was included in the Constitution
Rights of the Accused
The protections that the Constitution guarantees to citizens who are accused of crimes- Found in Amendments 4-8.
Process of Amending the Constitution
Step 1: Amendment proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate
Step 2: Must be ratified by three-fourths vote of the state legislators
Reason the Framers of the Constitution included the Amendment Process
So the Constitution could adjust to the changing times and be a "living document"
Significance of the year 1787
Philadelphia Convention where delegates from the states met and wrote the US Constitution
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms
3rd Amendment
No quartering of soldiers
4th Amendment
Freedom from unreasonable searches and seizures
5th Amendment
Right to remain silent, criminal proceedings; Due Process; Double Jeopardy
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney and witness
7th Amendment
The right to a trial by Jury in civil cases over $20.00
8th Amendment
No cruel or unusual punishment or excessive bail
9th Amendment
Citizens entitled to rights not listed in the Constitution
10th Amendment
Powers not delegated to the federal government by the Constitution, nor prohibited to the States, are reserved to the States, or to the people.
Magna Carta, Mayflower Compact, Virginia House of Burgesses, Fundamental Orders of Connecticut, and the English Bill of Rights are all examples of . . .
major influences on the US Constitution
The Great Compromise
(Combination of the New Jersey Plan and the Virginia Plan at the Constitutional Convention.) Compromise between the large and small states that there would be representation by population in the House of Representatives and equal representation would exist in the Senate.
3/5 Compromise
Compromise between the Northern and Southern states that slaves would be counted as 3/5 of a person for the purpose of deciding the population of a state
Bicameral
A two house legislature- the Senate and the House of Representatives
Unicameral
One-house legislature
Weaknesses of the Articles of Confederation
NO P.A.C.T.- President, Army, Courts, Taxes.
Magna Carta
Royal charter setting limits on the powers of King John in 1215. Influenced the principle of limited government in the US Constitution
English Bill of Rights
1689 laws protecting the rights of English subjects
Northwest Ordinance of 1787
a law that established an orderly procedure for the admission of new states to the Union
Federalist Papers
85 essays written in support of ratification of the Constitution by Alexander Hamilton, James Madison, and John Jay.
Anti-Federalist Papers
a series of essays written to oppose and defeat the proposed U.S. Constitution
"For imposing Taxes on us without our Consent" was a grievance in the Declaration that was complaining against
A lack of representation in Parliament -Fixed in Article I that the ELECTED officials in the House of Representatives the power to levy taxes.
"For depriving us in many cases of the benefits of a trial by jury" was a grievance in the Declaration that was complaining against
Colonists not given an impartial jury in a trial -Fixed by the 6th Amendment of the Bill of Rights that protects the citizens rights of a speedy trial, public jury, and a right to legal counsel
"Colonists are not allowed to speak out against the King" was a grievance in the Declaration that was complaining against
The restriction put on the colonists to not voice their political concerns about their government -Fixed by the 1st Amendment of the Bill of Rights that protects the citizens freedom of religion, speech, assembly, petition, and press.
"Writs of Assistance allowed homes to be searched without warrants" was a grievance in the Declaration that was complaining against
The illegal searching of colonists' homes without a warrant -Fixed by the 4th Amendment of the Bill of Rights that protects citizens from unlawful searches and seizures
"For quartering large bodies of armed troops among us" was a grievance in the Declaration that was complaining against
The Quartering Act that forced colonists to house troops against their will -Fixed by the 3rd Amendment of the Bill of Rights that protects against quartering of soldiers
civic virtue
An unselfish commitment to the public good (doing something because it is the best thing for your country or community)
Naturalization
The legal process by which citizens of one country become citizens of another
THIS SET IS OFTEN IN FOLDERS WITH...