Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
Natural Rights
Rights inherited in human beings, not dependent on governments, which include life, liberty, and property. This idea comes from John Locke's theories about government, and was widely accepted by Thomas Jefferson and other founding fathers. Locke's ideas e
Consent of the governed
According the John Locke, the required basis for government. The declaration of Independence reflects Locke's view that governments derive their authority from the consent of the governed.
Limited government
The idea that certain things are out of bounds for government because of the natural rights of citizens. Limited gov was central to Locke's philosophy in the seventeenth century, and it contrasted sharply with the prevailing view of the divine rights of t
Articles of Confederation
The first constitution of the U.S, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures.
Shays' Rebellion
A series of attacks on courthouses by a small band of farmers led by revolutionary war captain Daniel Shays to block foreclosure proceedings.
U.S. Constitution
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the US government and the tasks these institutions perform. It replaced the Articles of Confederation.
Factions
Interest groups arising from the unequal destruction 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 fa
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
Virginia Plan
The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.
Connecticut Compromise/Great Compromise
The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representative, in which representation is based on a state's share of the U.S population, and the State, in which each state has two representat
Writ of habeas corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody. It grants prisoners the right to appear in a court of law in order to challenge their imprisonment.
Bills of Attainder
a legislative act finding a person guilty of treason or felony without a trial, A law that declares a person, without trial, to be guilty of a crime. The state legislatures and Congress are forbidden to pass such acts, Article 1, Sections 9 and 10, of the
Ex Post Facto
after the fact." An Ex Post Facto law is one which makes a particular act illegal, and punishes people who committed that crime before the law was passed, i.e., when the act was legal. (denied to state/national)
Separation of Powers
An important part of the Madisonian model that requires each of the three branches of government- executive, legislative, and judicial- to be relatively independent of the others so that one cannot control the other. Power is shared among these three inst
Checks and Balances
An important part of the Madisonian model designed to limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually check on another's activities. This system reflects Madison's
Republic
A form of government that derives its power, directly or indirectly, from the people. Those chosen to govern are accountable to those whom they govern. In contrast to a direct democracy, in which people themselves make laws, in a republic the people selec
Federalists
Supporters of the US Constitution at the time the states were contemplating its adoption. They wrote the federalist papers to defend the US constitution. Two important essays from Madison 10 & 51-> #10- factions exist so we need central government to cont
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption. They argued that the Constitution was a class-based document, that it would erode fundamental liberties, and that it would weaken the power of the states.
Federalists Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail. These papers are second only to the US constitution in characterizing the farmer's intents.
Bill of Rights
The first ten amendments to the U.S Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and offer protection against arbitrary searches by the po
Equal Rights Amendment
(ERA) A constitutional amendment originally introduced in 1923 and passed by Congress in 1972 and sent to the state legislatures for ratification, stating that "equality of rights under the law shall not be denied or abridged by the US or by any state on
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the Court's power of judicial review over acts of Congress, in th
Judicial Review
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the US constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison.
What was the political philosophy of John Locke and how did it influence Thomas Jefferson's writings (particularly the Declaration of Independence)?
Locke believed that the government should have limited power (people must agree on the ruler, and the power of the ruler/government should be controlled and restricted). He also believed in the idea of natural rights. Locke believed 1) government should h
What was the basic structure of the national government under the Articles of Confederation? What problems does this structure create? How could these problems have been solved within the framework of the Articles of Confederation?
Government dominated by the states. It was a "perpetual" union among 13 states. It did have a national legislature with one house and states could send as many as 7 delegates (minimum 2), but each state only had 1 vote. There was no president, no court, a
What forms of government could the Founding Fathers have established? What are the advantages and disadvantages of each? Why did the Founding Fathers choose a republican form of government? (unitary, confederate..etc)
Unitary- federal government supreme, no state power.
Confederate- no federal government power, state overrules.
Federal- power shared between state and federal government. The founding fathers chose a republic gov to establish a system based on the consti
What are the major Constitutional Principles? (popular sovereignty..etc)
1) Popular sovereignty -Power resides in the people
-Preamble of the Constitution- "We the People" 2)Limited Government -Rule of Law 3) Separation of Powers Power - three separate branches
-found in Articles 1, 2, and 3 of the Constitution 4) Checks and B
Summarize the major differences between Federalists and Anti-Federalists (focus on issues of civil liberties, power of the states and the economy).
Anti-federalists: small farmers, small business owners, laborers, strong state government, weak national government, direct election of officials, shorter terms, rule by the common man, strengthened protections for individual liberties
Federalists: large
What were the major compromises achieved by the founding fathers in writing the Constitution?
Great Compromise (legislature represented by population), 3/5th Compromise (slavery representation), commerce Compromise (specifically banning slave trade)
In what ways does the Constitution expand and diminish the scope of government?
Checks and balances control power of federal government and encourages stalemate. Expanding power to protect natural rights liberty. Potential range of action for the government is pretty wide to protect those.