Term
|
Definition
law determining the fundamental political principles of a government. Also known as the "higher law". Fundamental
(cons1tu1onal)
law; |
|
|
Term
|
Definition
de·moc·ra·cy noun \di-ˈmä-krə-sē\
plural de·moc·ra·cies
Definition of DEMOCRACY
1a : government by the people; especially : rule of the majority b : a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections
2: a political unit that has a democratic government
3capitalized : the principles and policies of the Democratic party in the United States
4: the common people especially when constituting the source of political authority
5: the absence of hereditary or arbitrary class distinctions or privileges |
|
|
Term
|
Definition
| re·pub·lic noun \ri-ˈpə-blik\
Definition of REPUBLIC
1a (1) : a government having a chief of state who is not a monarch and who in modern times is usually a president (2) : a political unit (as a nation) having such a form of government b (1) : a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law (2) : a political unit (as a nation) having such a form of government c : a usually specified republican government of a political unit
2: a body of persons freely engaged in a specified activity
3: a constituent political and territorial unit of the former nations of Czechoslovakia, the Union of Soviet Socialist Republics, or Yugoslavia |
|
|
Term
|
Definition
| A republic in which the representatives elected by the people make and enforce laws and policies. |
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Term
|
Definition
Poli1cal
democracy
was
first
implemented
in
the
fibh
century
BC
in
Athens,
a
self–governing
city
on
the
Greek
mainland.
It
was
a
daring
experiment
that,
by
the
way,
the
Athenians
themselves
gave
up
on
aber
less
than
100
years.
Greek
democracy
prac1ced
equality
under
the
law
(at
least
for
male
ci1zens
of
age
30
or
above),
required
all
ci1zens
to
par1cipate
in
the
assembly–
the
lawmaking
body
in
Athens–
and
required
all
to
perform
military
service
if
needed
(women
and
foreigners
excluded).
It
was
a
system
which
required
all
ci1zens
to
place
loyalty
to
their
polis
(city–state)
above
private
concerns. |
|
|
Term
|
Definition
So
what
type
of
government
was
prac1ced
during
the
long
period
between
the
Athenian
society
of
the
5th
century
BC–
that
is
BC!–
and
the
20th
century
AD–
that
is
AD!–
almost
2500
years?
Primarily,
it
was
monarchy;
rule
by
a
king
(occasionally
a
queen),
generally
dynas1c
(power
to
rule
passing
from
parent
to
child,
or
the
closest
blood
rela1ve).
Not
coincidentally,
monarchy
is
the
only
type
of
government
men1oned
in
the
Bible,
a
source
which
the
founding
fathers
knew
in1mately.
(King
David,
King
Solomon,
etc.,).
Monarchy
as
a
form
of
government
certainly
had
a
legi1macy
that
the
Judeo–Chris1an
tradi1on
conveyed
upon
no
other
type.
You
certainly
will
find
no
references
to
a
democracy
or
republic
in
the
Bible. |
|
|
Term
|
Definition
A
historian
might
point
out
a
number
of
"turning
points"
in
the
distant
past
that
help
to
explain
the
development
of
what
we
might
call
representa1ve
government.
How
do
western
socie1es
(England
in
par1cular)
evolve
from
monarchies–
rule
by
a
king,
who
more
oben
than
not
claimed
that
he
was
appointed
by
God
and
therefore
held
absolute
power)
to
a
society
where
the
people
of
a
society
(or
at
least
the
wealthier
por1ons
of
a
society)
have
important
powers
that
they
share
with
the
king?
In
England
this
transi1on
began
in
the
year
1215
with
the
issuance
of
the
Magna
Charta,
(or
Magna
Carta)–
the
first
important
document
that
we
need
to
examine
in
this
course.
Of
all
of
the
important
"turning
points"
that
we
might
focus
on,
the
signing
of
the
Magna
Charta
is,
in
my
opinion,
crucial
to
the
development
of
representa1ve
government
that,
in
America
at
least,
will
culminate
in
the
United
States
Cons1tu1on. |
|
|
Term
|
Definition
| [8] No widow shall be forced to marry so long as she wishes to live without a husband, provided that she gives security not to marry without our consent if she holds of us, or without the consent of her lord of whom she holds, if she holds of another. |
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|
Term
|
Definition
| [14] And to obtain the common counsel of the kingdom about the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls and greater barons, individually by our letters -- and, in addition, we will cause to be summoned generally through our sheriffs and bailiffs all those holding of us in chief -- for a fixed date, namely, after the expiry of at least forty days, and to a fixed place; and in all letters of such summons we will specify the reason for the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of those present, though not all have come who were summoned. |
|
|
Term
|
Definition
| [17] Common pleas shall not follow our court, but shall be held in some fixed place. |
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|
Term
|
Definition
| [20] A free man shall not be amerced for a trivial offense except in accordance with the degree of the offense, and for a grave offense he shall be amerced in accordance with its gravity, yet saving his way of living; and a merchant in the same way, saving his stock-in-trade; and a villein shall be amerced in the same way, saving his means of livelihood -- if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of good men of the neighborhood. |
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Term
|
Definition
| [38] No bailiff shall in future put anyone to trial upon his own bare word, without reliable witnesses produced for this purpose. |
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Term
|
Definition
| [39] No free man shall be arrested or imprisoned or disseised or outlawed or exiled or in any way victimized, neither will we attack him or send anyone to attack him, except by the lawful judgment of his peers or by the law of the land. |
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Term
|
Definition
| noun, person) youngest son of Henry II; King of England from 1199 to 1216; succeeded to the throne on the death of his brother Richard I; lost his French possessions; in 1215 John was compelled by the barons to sign the Magna Carta (1167-1216) |
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Term
|
Definition
This
idea
was
aDributed
to
the
great
French
philosopher
Montesquieu,
with
whose
wri1ngs
the
founding
fathers
were
quite
familiar.
Montesquieu
has
also
subsequently
been
known
as
the
"father
of
the
concept
of
separa1on
of
powers",
an
idea
he
proposed
in
his
great
work
The
Spirit
of
the
Laws. |
|
|
Term
|
Definition
This
idea
was
aDributed
to
the
great
French
philosopher
Montesquieu,
with
whose
wri1ngs
the
founding
fathers
were
quite
familiar.
Montesquieu
has
also
subsequently
been
known
as
the
"father
of
the
concept
of
separa1on
of
powers",
an
idea
he
proposed
in
his
great
work
The
Spirit
of
the
Laws. |
|
|
Term
|
Definition
the
American
Cons1tu1on
has
been
amended
twenty-‐seven
1mes
(ten
of
those
amendments
were
added
at
the
same
1me–
1791–
and
are
famously
known
as
the
American
Bill
of
Rights |
|
|
Term
|
Definition
It
is
a
word
with
which
you
should
be
familiar.
The
most
common
defini1on
is
a
system
of
government
that
is
based
on
a
cons1tu1on.
But
that
does
not
totally
answer
the
ques1on.
What
is
a
cons1tu1on?
There
are
many
ways
that
this
ques1on
could
be
answered,
but
for
the
purposes
of
this
course
a
cons1tu1on
creates
a
founda1on
for
government,
it
iden1fies
the
sources
and
nature
of
power
that
government
has
and
it
sets
the
basic
outlines
of
government
structure.
It
also
establishes
a
procedure
by
which
a
cons1tu1on
can
be
altered.
What
a
cons1tu1on
does
not
tradi1onally
do
is
describe
every
detail
of
government.
And
successful
cons1tu1ons
are
those
which
are
brief
enough
to
allow
for
flexibility
and
judgment
on
the
part
of
leaders
elected
or
appointed
to
their
posi1on.
In
the
case
of
American
cons1tu1onalism,
our
consGtuGon
creates
a
fundamental
law. |
|
|
Term
our
consGtuGon
creates
a
fundamental
law |
|
Definition
In
the
case
of
American
cons1tu1onalism, |
|
|
Term
|
Definition
all
Congressional
and
state
laws
must
fall
within
cons1tu1onal
guidelines.
But
what
we
call
"legislaGve
law"
is
secondary
and
inferior
to
law
contained
in
the
Cons1tu1on
itself.
Not
every
cons1tu1onal
government
(such
as
Great
Britain)
makes
this
dis1nc1on,
but
in
American
law
it
is
a
crucial
dis1nc1on
basic
to
any
understanding
of
how
the
American
cons1tu1on
func1ons.
As
we
proceed
through
this
course,
you
will
want
to
keep
in
mind
the
dis1nc1on
in
American
law
between:
Legisla1ve
law
(laws
passed
by
Congress
or
state
legislatures). |
|
|
Term
|
Definition
Of
course
the
American
system
of
government
contains
many
levels–
na1onal,
state,
county,
city,
etc.
In
this
country,
power
is
divided–
in
other
words,
state
governments
have
some
powers
that
the
federal
government
does
not
have
(examples;
traffic
laws,
marriage
and
divorce
laws,
state
criminal
codes).
For
the
purposes
of
this
course,
we
will
focus
on
the
two
most
powerful
levels
of
American
government–
state
and
na1onal.
We
call
the
division
of
power
between
Revised
06/06/2011
Page
3
of
4
state
and
na1onal
governments
federalism. |
|
|
Term
|
Definition
where
power
allocated
to
one
level
of
government
(such
as
the
na1onal
government)
is
dispersed
among
several
branches
of
government
(in
the
case
of
the
U.
S.,
execu1ve,
legisla1ve,
and
judicial). |
|
|
Term
|
Definition
You
will
encounter
this
term
soon
in
your
readings.
It
means
power–
the
power
to
rule.
The
ul1mate
source
of
governmental
power
in
this
country
is
the
people.
This
principle
is
best
expressed
in
the
Preamble
to
the
Cons1tu1on,
about
which
we
will
hear
more
later. |
|
|
Term
|
Definition
Linda
Monk,
whose
book
we
will
be
reading
shortly,
uses
the
term
popular
sovereignty,
because
under
our
Cons1tu1on
the
ul1mate
sovereignty
is
held
by
the
ci1zens. |
|
|
Term
LECTURE ONE CHRONOLOGY
Athens - 5th Century BC
Magna Carta - 1215
Constitution - 1787
American Bill of Rights - 1791 |
|
Definition
|
|
Term
English
Civil
War
(1642-‐49) |
|
Definition
A
trend
toward
cons5tu5onalism
and
representa5ve
government
had
occurred
in
the
17th
and
18th
centuries
in
England
that
increased
the
poli5cal
expecta5ons
of
the
colonists.
The
event
that
reshaped
aZtudes
toward
government
in
England
was
the
English
Civil
War
(1642-‐49);
a
costly
and
devasta5ng
war
between
the
Roundheads—
those
who
believed
in
government
implemented
by
both
Parliament
and
king
(recall
the
origins
of
a
parliamentary
concept
in
#14
of
Magna
Charta)
and
the
Cavaliers—those
devoted
to
the
ideal
that
the
king
should
rule
alone,
by
divine
right—his
power
comes
from
God
and
is
unchallengeable. |
|
|
Term
|
Definition
English
Civil
War
(1642-‐49);
a
costly
and
devasta5ng
war
between
the
Roundheads—
those
who
believed
in
government
implemented
by
both
Parliament
and
king
(recall
the
origins
of
a
parliamentary
concept
in
#14
of
Magna
Charta)
and
the |
|
|
Term
|
Definition
During English Civil War - those
devoted
to
the
ideal
that
the
king
should
rule
alone,
by
divine
right—his
power
comes
from
God
and
is
unchallengeable |
|
|
Term
|
Definition
Since
Magna
Charta
the
ideal
of
a
Parliament
had
evolved
to
a
form
that
would
be
recognizable
to
us
today—
a
bicameral
body
comprised
of
a
House
of
Commons,
which
represented
townspeople
and
gentry
that
moderate
amounts
of
land
(most
people
in
England
did
not
have
the
right
to
vote
for
delegates
in
this
house)
and
which
from
its
beginnings
has
been
an
elec5ve
body. |
|
|
Term
|
Definition
The
second
house
was
the
House
of
Lords,
an
appointed
body
comprised
of
large
landowners
who
are
5tled
(barons,
earls,
etc). |
|
|
Term
|
Definition
Unfortunately
for
England,
a
ScoZsh
king
devoted
to
the
divine
right
of
kings
who
was
unfamiliar
with
parliamentary
ways
ascended
to
the
throne
of
England,
and
the
stage
was
set
for
a
showdown.
King
James
I
managed
to
co-‐exist
with
Parliament,
though
at
5mes
it
was
an
uncomfortable
rela5onship.
His
son
was
not
so
fortunate.noun, person) the first Stuart to be king of England and Ireland from 1603 to 1625 and king of Scotland from 1567 to 1625; he was the son of Mary Queen of Scots and he succeeded Elizabeth I; he alienated the British Parliament by claiming the divine right of kings (1566-1625) |
|
|
Term
|
Definition
(1625-‐49)
adjourned
Parliament
and
refused
to
work
with
this
ins5tu5on
that
by
this
5me
had
been
around
for
centuries.
The
inevitable
result
of
a
king
who
refused
to
consult
Parliament
before
raising
taxes
and
authorizing
an
army
was
armed
conflict.King of England, Scotland, and Ireland (1625-1649). His power struggles with Parliament resulted in the English Civil War (1642-1648) in which Charles was defeated. He was tried for treason and beheaded in 1649. |
|
|
Term
|
Definition
This
victory
for
more
inclusive
government
took
place
in
the
forma5ve
stages
of
the
Bri5sh
seklement
of
the
American
colonies
and
the
colonies
benefited
from
what
historians
call
benign
neglect.
The
Bri5sh
authori5es
were
so
preoccupied
with
the
Civil
War
that
they
tended
to
overlook
colonial
events, |
|
|
Term
|
Definition
Events
did
not
return
to
normal
in
England
aler
the
execu5on
of
King
Charles
I.
Parliament
governed
without
a
king
for
eleven
years
before
invi5ng
the
heir
to
the
throne
back
to
England
in
1660,
in
what
is
called
the
RestoraIon |
|
|
Term
|
Definition
S5ll
tensions
con5nued
between
king
and
Parliament
un5l,
in
1688,
King
James
II
fled
the
country,
giving
Parliament
a
magnificent
opportunity
to
actually
decide
who
the
next
monarch
would
be.
It
chose
William
of
Orange
(Holland)
and
his
wife
Mary
(elder
daughter
of
James
II).
In
what
could
be
described
as
the
most
significant
“government
moment”
in
English
history,
Parliament
extended
the
throne
to
William
and
Mary
only
if
they
agreed
to
a
series
of
limita5ons
on
their
own
power.
This
was
unprecedented,
yet
they
agreed
to
the
limita5ons. |
|
|
Term
Glorious
RevoluIon
(1688-‐1689). |
|
Definition
Parliament
extended
the
throne
to
William
and
Mary
only
if
they
agreed
to
a
series
of
limita5ons
on
their
own
power.
This
was
unprecedented,
yet
they
agreed
to
the
limita5ons.
This
agreement
of
the
monarchs
to
rule
under
Parliamentary-‐imposed
condi5ons
is
known
as
the
Glorious
RevoluIon
(1688-‐9). |
|
|
Term
| English Declaration of Rights - English Bill of Rights |
|
Definition
This
agreement
of
the
monarchs
to
rule
under
Parliamentary-‐imposed
condi5ons
is
known
as
the
Glorious
RevoluIon
(1688-‐9).
This
agreement
was
commiked
to
wri5ng
in
a
document
known
as
the
English
Declara5on
of
Rights
(also
known
as
the
English
Bill
of
RightsThe
first
four
in
effect
make
Parliament
rather
than
the
king
the
source
of
law.
This
is
an
extraordinary
reversal
of
power:
for
the
first
5me
in
English
history
the
balance
of
governmental
power
shils
from
the
monarch
to
Parliament.
In
a
way
the
DeclaraIon
of
Rights
completed
what
Magna
Charta
began
and
makes
this
period
1215-‐1689
a
unified
period
in
terms
of
the
evoluIon
of
representaIve
government. |
|
|
Term
English Declaration of Rights - English Bill of Rights 1.
Examples
of
three
rights
guaranteed
by
this
document; |
|
Definition
Basic tenetsThe basic tenets of the Bill of Rights 1689 are:
Englishmen, as embodied by Parliament, possessed certain immutable civil and political rights. These included:
freedom from royal interference with the law (the Sovereign was forbidden to establish his own courts or to act as a judge himself)
freedom from taxation by royal prerogative, without agreement by Parliament
freedom to petition the king
freedom from a peace-time standing army, without agreement by Parliament
freedom [for Protestants] to have arms for defense, as allowed by law
freedom to elect members of Parliament without interference from the Sovereign
the freedom of speech in Parliament, in that proceedings in Parliament were not to be questioned in the courts or in any body outside Parliament itself (the basis of modern parliamentary privilege)
freedom from cruel and unusual punishments, and excessive bail
freedom from fines and forfeitures without trial
Certain acts of James II were specifically named and declared illegal on this basis
The flight of James from England in the wake of the Glorious Revolution amounted to abdication of the throne
Roman Catholics could not be king or queen of England since "it hath been found by experience that it is inconsistent with the safety and welfare of this protestant kingdom to be governed by a papist prince". The Sovereign was required to swear a coronation oath to maintain the Protestant religion
William and Mary were the successors of James
Succession should pass to the heirs of Mary, then to Mary's sister Princess Anne of Denmark]] and her heirs, then to any heirs of William by a later marriage
The Sovereign was required to summon Parliament frequently, later reinforced by the Triennial Act 1694 |
|
|
Term
English Declaration of Rights - English Bill of RightsWhy
and
how
is
this
document
the
culmina4on
of
what
was
begun
with
Magna
Charta? |
|
Definition
This
agreement
was
commiked
to
wri5ng
in
a
document
known
as
the
English
Declara5on
of
Rights
(also
known
as
the
English
Bill
of
Rights
Read
the
document
now.
No5ce
that
the
first
half
of
the
document
is
a
list
of
the
crimes
commiked
by
the
departed
king;
it
is
the
second
part
of
the
document
that
holds
significance
for
us
today.
It
included
a
list
of
guarantees
to
the
people
and
as
well
as
limita5ons
on
the
power
of
the
king.
This
is
truly
extraordinary.
Scroll
down
to
the
sentence
that
begins
“And
thereupon
the
said
lords…”
Read
the
limita5ons
on
the
king.
The
first
four
in
effect
make
Parliament
rather
than
the
king
the
source
of
law.
This
is
an
extraordinary
reversal
of
power:
for
the
first
5me
in
English
history
the
balance
of
governmental
power
shils
from
the
monarch
to
Parliament.
In
a
way
the
DeclaraIon
of
Rights
completed
what
Magna
Charta
began
and
makes
this
period
1215-‐1689
a
unified
period
in
terms
of
the
evoluIon
of
representaIve
government.
Representa5ve
government,
begun
ever
so
tenta5vely
in
Magna
Charta,
finds
its
comple5on
(at
least
in
theory)
in
the
Declara5on
of
Rights.
Of
course
it
is
many
years
before
this
theore5cal
change
actually
becomes
a
reality,
but
from
this
point
England
can
never
go
back
to
divine
rule.
Parliament
has
permanently
secured
its
place
as
the
ins5tu5on
represen5ng
the
“people”
(even
those
who
do
not
yet
have
the
right
to
vote). |
|
|
Term
Above
all
else,
consItuIons
place
limits
on
governmental
power |
|
Definition
If
you
scroll
down
further
in
the
document
you
will
see
a
list
of
rights
guaranteed
to
the
people.
Some
of
these
rights
will
sound
very
familiar
to
you.
In
the
document
these
rights
appear
as
limita5ons
on
the
king’s
power.
What
I
would
like
you
to
see
is
that
this
document,
like
the
Magna
Charta
before
it,
contains
some
elements—
perhaps
the
most
important
characteris5c—
of
cons5tu5ons.
Above
all
else,
consItuIons
place
limits
on
governmental
power.
So
when
a
government
is
prohibited
from
infringing
upon
freedom
of
speech
or
the
right
to
bear
arms,
it
in
effect
translates
into
a
right.
Wriken
limita5ons
on
governmental
power
is
the
basis
for
the
American
Bill
of
Rights.
Later
you
may
no5ce
that
some
of
the
wording
in
the
American
Bill
of
Rights
is
taken
directly
from
the
English
Bill
of
Rights.
12
of
the
13
English
colonies
in
America
were
well
sekled
by
this
5me;
the
growth
of
representa5ve
government
in
these
colonies
was
enormously
influenced
by
this
document.
Revised
06/06/2011
Page
2
of
7
Now
we
will
revisit
many
4mes
the
point
that,
tradi4onally,
cons4tu4ons
have
served
to
limit
the
powers
of
government
rather
than
the
rights
of
the
people. |
|
|
Term
French
and
Indian
War 1754-1763 |
|
Definition
From
1689
to
1763
colonial-‐Bri5sh
rela5ons
were
generally
cordial.
The
threat
of
Spanish,
French
and
Na5ve
American
socie5es
in
North
America
served
to
foster
a
common
interest
among
the
Bri5sh
and
their
colonists.
In
1763
we
begin
to
see
a
visible
change
in
this
situa5on.
In
this
year
a
protracted
war—
begun
in
1754
and
known
in
this
country
as
the
French
and
Indian
War—
ended
with
terms
extremely
favorable
to
the
Bri5sh
and
their
colonial
allies.
The
French,
who
had
controlled
much
of
Canada
as
well
as
the
Mississippi
River
Valley,
were
expelled
from
the
North
American
con5nent.
The
Indian
allies
of
the
French,
which
included
many
powerful
tribes,
were
defeated
as
well.
At
least
from
the
Bri5sh
viewpoint,
a
great
expanse
of
land
fell
into
their
hands.War fought between Great Britain and its two enemies, the French and the Indians of North America. Most of the battles were in Canada. American colonists, including George Washington, fought with the British in this war, which lasted from 1754 to 1763. The British won the war and won the right to keep Canada and several other possessions in the New World. |
|
|
Term
|
Definition
Several
things
in
North
America
changed
dras5cally
as
a
result
of
the
Bri5sh-‐colonial
victory
over
the
French
and
their
Indian
allies
in
1763.
Many
of
these
changes
greatly
increased
the
likelihood
of
an
eventual
American
poli5cal
separa5on
from
Britain.
The
most
obvious
change
was
the
elimina5on
of
the
powerful
French
presence.
Colonists
were
now
much
less
dependent
on
Bri5sh
power.
The
defeat
of
those
Indian
groups
allied
with
the
French
reduced
this
dependence
further.
Indeed,
many
colonists
came
to
believe
that
land
previously
controlled
by
the
French
and
Indians
was
there
for
the
taking.
A
land
hunger
developed
among
the
colonists
that
led
to
immediate
expansion
westward.
The
Bri5sh
government,
which
saw
the
need
for
an
“Indian
policy”
before
significant
colonial
expansion
took
place,
tried
to
enforce
a
barrier,
roughly
equivalent
to
the
crest
of
the
Appalachians
Mountains,
which
was
called
the
ProclamaIon
Line
of
1763.
In
addi5on,
Bri5sh
officers
olen
behaved
badly
toward
the
colonial
soldiers,
who
were
not
accustomed
to
the
dis5nc5ons
of
rank
and
class
so
taken
for
granted
in
England. |
|
|
Term
|
Definition
Aler
the
French
and
Indian
War
the
rela5onship
between
the
colonists
and
the
Bri5sh
government
deteriorated.
The
common
threat
of
the
French
had
been
a
powerful
unifying
bond.
The
expenses
of
the
war
placed
the
Bri5sh
government
under
heavy
burdens.
The
Bri5sh,
bearing
the
en5re
cost
of
the
war,
believed
that,
as
primary
beneficiaries
of
the
victory,
the
colonists
should
share
the
burden.
(Really,
they
did
have
a
point!)
New
tax
policies,
most
notably
the
infamous
Stamp
Tax,
angered
the
colonists,
who
had
grown
accustomed
to
determining
their
own
taxes.
The
Stamp
Act
Rebellion
of
1765
was
the
first
serious
akempt
at
colonial-‐wide
unity
against
Bri5sh
policy.
It
is
this
akempt
to
tax
the
colonists
that
is
the
best-‐known
complaint
of
the
colonists. |
|
|
Term
|
Definition
Other
issues
causing
discord
were
the
depriva5on
of
trial
by
jury
in
certain
instances
and
Bri5sh
akempts
to
search
premises
without
the
safeguards
guaranteed
in
the
English
Bill
of
Rights.
And
so,
there
were
several
serious
issues
that
concerned
the
colonists,
when
the
Bri5sh
army
in
Boston
killed
five
colonists
in
an
incident
known
in
this
country
as
the
Boston
Massacre
of
1770.
The
responsibility
for
the
Boston
Massacre
is
s5ll
debated
among
historians
today.
Bri5sh
soldiers
were
acquiked
of
murder
by
a
colonial
jury;
they
were
in
fact
defended
by
John
Adams,
who
would
later
become
the
2nd
President
of
the
U.
S.
No
maker,
colonial
blood
had
been
shed;
this
was
another
turning
point
in
the
deteriora5on
of
rela5ons
between
Britain
and
the
colonists.
The
akempt
by
the
Bri5sh
to
confiscate
the
weapons
stored
in
the
Concord
(Massachuseks)
armory
in
1775
was
the
final
straw,
and
the
military
phase
of
the
American
Revolu5on
began. |
|
|
Term
Declaration
of
Independence July 4th, 1776 |
|
Definition
1. (Historical Terms) the proclamation made by the second American Continental Congress on July 4, 1776, which asserted the freedom and independence of the 13 Colonies from Great Britain
2. (Historical Terms) the document formally recording this proclamation
The
military
hos5li5es
had
been
taking
place
for
fileen
months
before
the
colonists
took
any
ac5on
to
create
a
poli5cal
separa5on
from
Britain.
The
preceding
events
set
the
stage
for
the
decision
to
declare
independence
and
to
jus5fy
that
decision
in
the
DeclaraIon
of
Independence,
a
document
wriken
by
Thomas
Jefferson
in
response
to
the
resolu5on
adop5ng
independence
as
proposed
by
Richard
Henry
Lee.
The
body
responsible
for
taking
these
ac5ons
was
the
Second
ConInental
Congress
(see
Cooke,
Chapter
One). |
|
|
Term
Second
ConInental
Congress
(see
Cooke,
Chapter
One) |
|
Definition
The Second Continental Congress was a convention of delegates from the Thirteen Colonies that met beginning on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met briefly during 1774, also in Philadelphia. The second Congress managed the colonial war effort, and moved incrementally towards independence, adopting the United States Declaration of Independence on July 4th, 1776. By raising armies, directing strategy, appointing diplomats, and making formal treaties, the Congress acted as the de facto national government of what became the United States. With the ratification of the Articles of Confederation in 1781, the Congress became known as the Congress of the Confederation.
which
had
no
standing
under
Bri5sh
law,
con5nued
to
determine
policy
for
the
new
na5on
and
strove
to
write
a
Cons5tu5on. |
|
|
Term
|
Definition
| Persuasive communications directed at a specific audience that are designed to influence the targeted audience's opinions, beliefs and emotions in such a way as to bring about specific, planned alterations in their behavior. The information communicated by the propagandist may be true or false, the values appealed to may be sincerely held by the propagandist or cynically manipulated, and the presentation may be either logically and dispassionately argued or rhetorically tailored to arouse the most irrational emotions and prejudices -- but the message content of propaganda is always deliberately selected and slanted to lead the audience toward a predetermined mindset that benefits the cause of the propagandist. |
|
|
Term
|
Definition
The
most
significant
sentence
in
the
introduc5on
is
“when…it
becomes
necessary
for
one
people
to
dissolve
the
poli5cal
bands
which
have
connected
them
with
another…”
This
sentence
refers
to
a
powerful
poli5cal
idea
that
first
surfaced
during
the
Glorious
Revolu5on
(1688)
in
England
(remember
that?)
The
idea
referred
to
is
known
as
the
“poliIcal
contract”,
first
published
by
the
English
philosopher
John
Locke
in
his
book
The
Second
TreaIse
on
Government.
The
poli5cal
contract
remains
the
philosophical
heart
of
representa5ve
governments.
What
Locke
meant
by
this
concept
is
that
all
socie5es,
regardless
of
their
governmental
form
(democracy,
monarchy,
etc)
is
based
on
an
implicit
agreement
between
the
people
of
a
society
and
the
government
that
governs
in
the
name
of
the
people.
Government
is
given
the
power
to
rule
only
if
it
rules
in
the
interests
of
the
people
at
large
and
respects
the
basic
rights
of
the
people
that
they
represent |
|
|
Term
|
Definition
The
most
significant
sentence
in
the
introduc5on
is
“when…it
becomes
necessary
for
one
people
to
dissolve
the
poli5cal
bands
which
have
connected
them
with
another…”
This
sentence
refers
to
a
powerful
poli5cal
idea
that
first
surfaced
during
the
Glorious
Revolu5on
(1688)
in
England
(remember
that?)
The
idea
referred
to
is
known
as
the
“poliIcal
contract”,
first
published
by
the
English
philosopher
John
Locke
in
his
book
The
Second
TreaIse
on
Government.
The
poli5cal
contract
remains
the
philosophical
heart
of
representa5ve
governments.
What
Locke
meant
by
this
concept
is
that
all
socie5es,
regardless
of
their
governmental
form
(democracy,
monarchy,
etc)
is
based
on
an
implicit
agreement
between
the
people
of
a
society
and
the
government
that
governs
in
the
name
of
the
people.
Government
is
given
the
power
to
rule
only
if
it
rules
in
the
interests
of
the
people
at
large
and
respects
the
basic
rights
of
the
people
that
they
represent |
|
|
Term
|
Definition
The
most
significant
sentence
in
the
introduc5on
is
“when…it
becomes
necessary
for
one
people
to
dissolve
the
poli5cal
bands
which
have
connected
them
with
another…”
This
sentence
refers
to
a
powerful
poli5cal
idea
that
first
surfaced
during
the
Glorious
Revolu5on
(1688)
in
England
(remember
that?)
The
idea
referred
to
is
known
as
the
“poliIcal
contract”,
first
published
by
the
English
philosopher
John
Locke
in
his
book
The
Second
TreaIse
on
Government.
The
poli5cal
contract
remains
the
philosophical
heart
of
representa5ve
governments.
What
Locke
meant
by
this
concept
is
that
all
socie5es,
regardless
of
their
governmental
form
(democracy,
monarchy,
etc)
is
based
on
an
implicit
agreement
between
the
people
of
a
society
and
the
government
that
governs
in
the
name
of
the
people.
Government
is
given
the
power
to
rule
only
if
it
rules
in
the
interests
of
the
people
at
large
and
respects
the
basic
rights
of
the
people
that
they
represent |
|
|
Term
Locke
idenIfies
as
life,
liberty
and
property |
|
Definition
If
the
government
(king,
president,
Congress
etc)
does
not
respect
the
basic
(inalienable)
rights
of
the
people,
that
Locke
idenIfies
as
life,
liberty
and
property),
then
the
people
have
the
duty
to
overthrow
that
government
and
establish
a
new
government
that
will
be
more
respecuul
of
the
rights
of
the
people. |
|
|
Term
The
poliIcal
contract
of
Locke
is
the
central
concept
of
the
DeclaraIon
of
Independence. |
|
Definition
The
poliIcal
contract
of
Locke
is
the
central
concept
of
the
DeclaraIon
of
Independence.
Locke
is
the
primary
source
used
by
Jefferson
in
the
document.
Jefferson
will
refer
to
this
idea
of
poli5cal
contract
several
5mes
later
in
the
document.
It
might
be
noted
here
that,
as
eloquent
as
this
document
is,
it
is
not
par5cularly
original
with
Jefferson.
Jefferson
was
amazingly
well-‐read,
and
had
a
thorough
knowledge
of
philosophy
and
the
English
legal
tradi5on.
Jefferson
would
have
been
the
first
to
acknowledge
how
heavily
he
depended
on
the
ideas
of
others
when
wri5ng
this
document. |
|
|
Term
What
does
Jefferson
mean
by
“We
hold
these
truths
to
be
self-‐evident?”
What
does
the
word
“self-‐evident”
mean? |
|
Definition
What
does
Jefferson
mean
by
the
second
point?
He
refers
to
a
Creator
here—
some
rights
are
God-‐given.
I
might
point
out
here
that
Jefferson
was
not
an
atheist
as
some
maintain.
He
was
not
a
“Chris5an”,
nor
did
he
hold
conven5onal
religious
views.
Today
we
would
probably
call
him
an
agnos5c;
in
his
own
5me
he
was
known
as
a
deist.
Deists
believed
in
God
as
creator,
but
did
not
believe
in
a
personal,
intervening
God.
However,
he
was
aware
of
his
audience,
as
all
good
writers
are.
Though
a
minority
of
Americans
of
his
5me
actually
went
to
church,
most
took
seriously
their
iden5fica5on
as
Chris5ans.
So
Jefferson
is
using
the
language
of
his
audience
here.
(In
a
famous
exercise,
Jefferson
edited
out
all
por5ons
of
the
Bible
that
could
not
be
verified
by
historical
or
archaeological
sources
and
wound
up
with
a
book
of
less
than
40
pages.
This
is
s5ll
known
as
the
Jefferson
Bible,
but
I
digress…)
Regarding
inalienable
rights,
these
are
rights
that
cannot
be
separated
from
the
human
condi5on.
Men
(this
was
an
inclusive
word
in
Jefferson’s
5me,
including
women
though
only
men
had
poli5cal
rights
at
the
5me)
were
born
with
rights
that
could
not
be
taken
away
by
government
without
viola5ng
the
poli5cal
contract. |
|
|
Term
These
two
ideas—poliIcal
contract
and
right
to
revolt”
are
the
philosophical
heart
and
the
central
concept
of
this
document. |
|
Definition
| Declaration of Independence |
|
|
Term
The
next
sentence
“Prudence
dictates…”
is
a
very
carefully
worded
sentence.
It
is
also
a
great
example
of
propaganda.
What
do
you
think
he
is
intending
by
this
sentence?
Remember,
he
was
urging
Americans
to
support
a
revolu5on
that
many
opposed.
How
is
he
portraying
Americans
in
this
and
the
next
few
sentences?
What
is
he
implying
about
the
BriIsh? |
|
Definition
prudence [ˈpruːdəns]
n
1. caution in practical affairs; discretion or circumspection
2. care taken in the management of one's resources
3. consideration for one's own interests
4. the condition or quality of being prudent |
|
|
Term
|
Definition
Declaration of Independence With
Jefferson’s
men5on
of
“the
present
king
of
Great
Britain”,
the
document
is
entering
a
new
stage—
the
third
por5on—
that
of
a
peIIon
of
grievances
against
the
king.
I
would
hazard
a
guess
that
this
was
the
por5on
of
most
interest
to
most
colonists
at
the
5me. |
|
|
Term
|
Definition
Note
the
reference
to
“merciless
savage
Indians”
for
instance.
Jefferson
would
never
have
used
this
terminology
if
he
were
not
playing
on
the
fears
of
some
of
the
colonists.
This
language
in
no
way
reflects
Jefferson’s
sophis5cated
and
tolerant
view
of
Na5ve
Americans. |
|
|
Term
I
trust
that
you
now
have
the
informaIon
that
you
need
to
analyze
this
document. (Declaration of Independence) |
|
Definition
This
is
an
incredible
document;
an
indispensable
element
in
our
considera5on
of
the
Cons5tu5on.
It
is
an
important
component
of
our
iden5ty
as
Americans.
I
trust
that
you
now
have
the
informaIon
that
you
need
to
analyze
this
document.
Analyze
the
structure,
and
the
changing
nature
of
the
document
as
you
proceed
from
sec5on
to
sec5on.
I
would
welcome
ques5ons
or
comments
from
any
of
you
who
want
to
discuss
this
further. |
|
|
Term
|
Definition
| . in 1781 during the American Revolution the British under Cornwallis surrendered after a siege of three weeks by American and French troops |
|
|
Term
It
is
important
to
remember
that
the
state
governments
were
func4oning
years
before
a
na4onal
cons4tu4on
(Ar4cles
of
Confedera4on)
was
in
place. |
|
Definition
The
states
were
ac5ng
with
almost
complete
sovereignty;
they
were
not
used
to
bending
to
the
will
of
the
na5onal
government.
This
situa5on,
given
the
state
of
foreign
affairs,
could
not
last
very
long. |
|
|
Term
Lecture Two Chronology
King James I - 1567 - 1625
King Charles I - 1625 - 1649
English Civil War - 1642-1649
Restoration - 1660
Glorious Revolution - 1688-1689
English Bill of Rights - 1689
French and Indian War - 1754-1763
Proclamation Line of - 1763
Stamp Act - 1765
Boston Massacre - 1770
American Revolution - April 19th, 1775
Declaration of Independence - July 4th, 1776
Yorktown - 1781
Articles of Confederation -Written 1777, agreed upon 1781(-1789)
Confederation Congress - 1781
Annapolis Convention - 1786
Shay's Rebellion - 1786
Constitutional Convention -1787 |
|
Definition
|
|
Term
Who
was
in
a*endance?
I
might
point
out
here
a
few
of
the
men
who
made
indispensable
contribu9ons
to
our
Cons9tu9on. |
|
Definition
| James Madison, George Washington, Ben Franklin, Governor Morris, James Wilson. Not in attendance, John Adams, Thomas Jefferson and Patrick Henry. 55 delegates all together |
|
|
Term
|
Definition
was
indisputably
the
most
influen7al
delegate.
He
was
also
the
primary
organizer
behind
the
Virginia
Plan,
a
plan
that
gave
so
much
power
to
the
na7onal
government
that
any
considera7on
of
it
would
be
a
viola7on
of
the
official
instruc7ons
given
to
the
delegates-‐-‐to
revise
the
Ar7cles
of
Confedera7on.
Once
the
Virginia
Plan
was
introduced
on
the
second
day
of
the
four-‐
month
conven7on,
it
was
clear
that
the
Ar7cles
of
Confedera7on
were
doomed,
even
though
it
was
the
func7oning
American
government
during
the
7me
that
the
conven7on
took
place.
Though
many
of
the
sugges7ons
within
the
Virginia
Plan
were
not
adopted,
enough
of
it
was
incorporated
into
the
new
cons7tu7on
to
dras7cally
change
the
balance
of
power
exis7ng
between
the
states
and
the
na7onal
government.
Madison
was
clearly
the
force
behind
the
plan. |
|
|
Term
|
Definition
a
plan
that
gave
so
much
power
to
the
na7onal
government
that
any
considera7on
of
it
would
be
a
viola7on
of
the
official
instruc7ons
given
to
the
delegates-‐-‐to
revise
the
Ar7cles
of
Confedera7on.
Once
the
Virginia
Plan
was
introduced
on
the
second
day
of
the
four-‐
month
conven7on,
it
was
clear
that
the
Ar7cles
of
Confedera7on
were
doomed,
even
though
it
was
the
func7oning
American
government
during
the
7me
that
the
conven7on
took
place. |
|
|
Term
|
Definition
was
another
indispensable
player
at
the
conven7on.
Though
he
had
no
role
in
directly
shaping
the
contents
of
the
document,
his
mere
presence
at
this
mee7ng
guaranteed
its
legi7macy
in
the
minds
of
Americans.
Remember
that
this
mee7ng
took
place
in
total
secrecy;
though
Americans
knew
it
was
taking
place,
no
news
of
the
actual
proceedings
was
released
to
the
public.
Americans
were
remarkably
trus7ng
in
this
maJer.
Do
you
believe
that
such
a
mee7ng
could
take
place
today
under
those
condi7ons
of
secrecy?
I
think
not!
Washington
was
chosen
as
the
presiding
officer
of
the
conven7on.
As
the
chairman,
he
played
no
role
in
the
discussions.
His
influence
was
indirect
but
crucial.
Americans
trusted
in
the
proceedings
of
any
mee7ng
presided
over
by
such
an
honorable
man. |
|
|
Term
|
Definition
was
also
a
beloved
ci7zen;
admired
for
his
wit
and
wisdom
throughout
the
country.
Though
he
was
well
past
his
intellectual
prime
by
this
7me,
Americans
took
much
comfort
knowing
that
Franklin
would
never
par7cipate
in
a
mee7ng
that
would
jeopardize
the
interests
of
the
na7on.
He
did
not
contribute
any
original
ideas,
but
he
was
effec7ve
in
forging
some
of
the
important
compromises
that
were
essen7al
to
the
later
adop7on
of
the
Cons7tu7on. |
|
|
Term
|
Definition
was
also
an
indispensable
presence.
He
was
responsible
for
providing
the
structure
and
style
that
makes
the
Cons7tu7on
so
unique.
His
clear,
precise
wri7ng
style
provided
the
flexibility
and
adaptability
that
has
ensured
the
success
of
the
Cons7tu7on
over
two
centuries. |
|
|
Term
|
Definition
knew
more
about
cons7tu7ons
than
anyone
at
the
Conven7on-‐-‐
except
for
James
Madison.
Wilson
is
responsible
for
resolving
the
thorny
issue
of
how
to
elect
the
president.
Forging
a
compromise
from
the
many
sugges7ons
given
to
him,
he
is
known
as
the
father
of
the
Electoral
College.
The
Electoral
College
is
a
unique
American
contribu7on
to
cons7tu7onal
law.
Subsequently
many
other
countries,
using
the
American
Cons7tu7on
as
a
model,
have
adopted
a
similar
device
for
choosing
heads
of
state.
We
will
discuss
the
Electoral
College
later
in
the
course. |
|
|
Term
|
Definition
The
Electoral
College
is
a
unique
American
contribu7on
to
cons7tu7onal
law.
Subsequently
many
other
countries,
using
the
American
Cons7tu7on
as
a
model,
have
adopted
a
similar
device
for
choosing
heads
of
state. |
|
|
Term
| PREAMBLE of the Constitution |
|
Definition
Let's
move
on
to
the
Cons7tu7on
itself;
I
would
like
to
discuss
briefly
the
PREAMBLE
of
the
Cons7tu7on.
Please
read
the
sec7on
in
the
Monk
book
about
this.
The
words
of
the
Preamble
will
sound
familiar
to
many
of
you.
For
some,
these
are
the
most
famous
words
in
the
Cons7tu7on.
But
what
do
they
mean?
What
is
the
purpose
of
the
Preamble?
I
am
comfortable
in
maintaining
that
the
phrase
"We
the
People"
is
among
the
most
important
words
in
this
document.
These
three
words
idenLfy
the
source
of
sovereignty
in
the
new
cons7tu7on. |
|
|
Term
"We
the
People"
is
among
the
most
important
words
in
this
document.
These
three
words
idenLfy
the
source
of
sovereignty
in
the
new
cons7tu7on. |
|
Definition
I
am
comfortable
in
maintaining
that
the
phrase
"We
the
People"
is
among
the
most
important
words
in
this
document.
These
three
words
idenLfy
the
source
of
sovereignty
in
the
new
cons7tu7on. |
|
|
Term
|
Definition
We
the
People"
means
that
the
source
of
sovereignty
(remember
this
word?)
is
in
the
people
of
the
na7on
rather
than
the
states.
The
American
people
are
an
indivisible,
perpetual
source
of
sovereignty.
There
are
no
ar7ficial
boundaries
that
divide
the
American
people
(such
as
state
boundaries).
The
phrase
"we
the
people"
immediately
indicates
to
the
reader
the
source
of
ul7mate
power
is
in
the
na7on
rather
than
in
the
states. |
|
|
Term
This
is
very
different
than
ArLcle
Two
of
the
ArLcles
of
ConfederaLon,
which
had
explicitly
called
for
state
Revised
06/06/2011
Page 2 of 6
sovereignty.
A
major
power
shiS
in
the
balance
of
power
between
the
state
and
naLonal
governments
(federalism)
had
taken
place! |
|
Definition
The
American
people
are
an
indivisible,
perpetual
source
of
sovereignty.
There
are
no
ar7ficial
boundaries
that
divide
the
American
people
(such
as
state
boundaries).
The
phrase
"we
the
people"
immediately
indicates
to
the
reader
the
source
of
ul7mate
power
is
in
the
na7on
rather
than
in
the
states.
This
is
very
different
than
ArLcle
Two
of
the
ArLcles
of
ConfederaLon,
which
had
explicitly
called
for
state
Revised
06/06/2011
Page 2 of 6
sovereignty.
A
major
power
shiS
in
the
balance
of
power
between
the
state
and
naLonal
governments
(federalism)
had
taken
place! |
|
|
Term
please
become
familiar
with
the
contents
and
the
intent
of
this
Preamble |
|
Definition
The
remainder
of
the
Preamble
is
also
important.
What
follows
is
a
series
of
general
purposes
of
this
new
cons7tu7onal
government.
They
are
familiar,
so
please
become
familiar
with
the
contents
and
the
intent
of
this
Preamble.
It
is
important
to
remember
though,
that
it
is
an
introductory
statement,
and
not
considered
part
of
the
cons7tu7on
itself.
So,
with
a
few
excep7ons,
it
is
not
referred
to
in
most
court
cases. |
|
|
Term
|
Definition
this
ar7cle
describes:
1. the
qualifica7ons
for
serving
in
Congress;
2. the
powers
given
to
Congress,
powers
prohibited
to
it;
3. provides
for
BICAMERALISM. |
|
|
Term
|
Definition
Bicameralism
is
a
La7n
term
that
literally
means
two
houses
(or
chambers)
of
our
legislature.
Please
no7ce
as
we
proceed
through
the
Cons7tu7on
that
Ar7cle
One
contains
much
more
detail
and
has
a
longer
list
of
powers
than
the
ar7cles
describing
the
execu7ve
and
the
judicial
branches.
Despite
the
ok-‐repeated
no7on
of
an
American
government
composed
of
"three
separate
but
equal
branches"
it
is
clear
that
the
founding
fathers
did
not
intend
for
the
three
branches
of
our
na7onal
government
to
be
equal.
I
think
that
you
will
clearly
see
this
as
we
study
the
document
over
the
next
couple
of
weeks. |
|
|
Term
"three
separate
but
equal
branches" |
|
Definition
branches.
Despite
the
ok-‐repeated
no7on
of
an
American
government
composed
of
"three
separate
but
equal
branches"
it
is
clear
that
the
founding
fathers
did
not
intend
for
the
three
branches
of
our
na7onal
government
to
be
equal.
I
think
that
you
will
clearly
see
this
as
we
study
the
document
over
the
next
couple
of
weeks. |
|
|
Term
SEPARATION
OF
POWERS.
This
term
refers
to
an
idea
advocated
by
the
French
philosopher
MONTESQUIEU,
who
wrote
a
mul7-‐volume
work
in
1742
called
THE
SPIRIT
OF
THE
LAWS. |
|
Definition
| Already discussed from previous lecture |
|
|
Term
| TWO DISTINCT Branches of Government |
|
Definition
Montesquieu
described
an
ideal
government
where
governmental
power
would
be
dispersed
among
DISTINCT
branches
of
government.
His
model
for
this
idea
was
England,
which
at
least
had
power
dispersed
between
TWO
branches
of
government.
The
American
Cons7tu7on
created
a
government
based
in
part
on
English
ins7tu7ons
but
carries
the
idea
of
separa7on
of
powers
beyond
what
was
prac7ced
in
England
at
the
7me. |
|
|
Term
|
Definition
This
idea
refers
to
HOW
power
will
be
dispersed
among
the
three
branches.
Will
each
branch
be
given
the
same
amount
of
power,
or
should
one
branch
naturally
have
more
power
than
the
others?
The
founding
fathers
constructed
a
government
where
the
largest
amount
of
power
was
given
to
the
Congress
(see
sec7on
8
of
Ar7cle
One
for
a
specific
list
of
congressional
powers).
In
fact,
the
grant
of
power
to
Congress
was
so
large
that
a
further
division
of
power
became
necessary. |
|
|
Term
| ONE of the reasons our congress is BICAMERAL |
|
Definition
In
fact,
the
grant
of
power
to
Congress
was
so
large
that
a
further
division
of
power
became
necessary.
This
is
ONE
of
the
reasons
why
our
Congress
is
bicameral.
Certain
powers
are
reserved
to
the
Senate
only;
others
are
reserved
for
the
House
of
Representa7ves
only.
Of
course,
most
of
what
Congress
does
(passing
laws)
is
performed
by
BOTH
houses
of
Congress. |
|
|
Term
|
Definition
This
is
ONE
of
the
reasons
why
our
Congress
is
bicameral.
Certain
powers
are
reserved
to
the
Senate
only;
others
are
reserved
for
the
House
of
Representa7ves
only.
Of
course,
most
of
what
Congress
does
(passing
laws)
is
performed
by
BOTH
houses
of
Congress |
|
|
Term
Note:
The
terms
separaLon
of
powers
and
checks
and
balances
are
not
the
same
thing.
Checks
and
balances
is
the
means
by
which
the
concept
of
separa7on
of
powers
becomes
a
reality.
Please
keep
this
dis7nc7on
in
mind. |
|
Definition
Note:
The
terms
separaLon
of
powers
and
checks
and
balances
are
not
the
same
thing.
Checks
and
balances
is
the
means
by
which
the
concept
of
separa7on
of
powers
becomes
a
reality.
Please
keep
this
dis7nc7on
in
mind. |
|
|
Term
GREAT
COMPROMISE
(also
some7mes
called
the
ConnecLcut
Compromise,
because
of
the
role
of
Roger
Sherman
of
Connec7cut) |
|
Definition
First,
let’s
talk
about
how
bicameralism
is
reflected
in
Ar7cle
One.
We
have
already
seen
one
reason
why
it
was
incorporated
into
the
Cons7tu7on.
Another
reason
why
we
have
a
two-‐house
Congress
is
because
of
a
prac7cal
compromise
reached
at
the
Cons7tu7onal
Conven7on.
This
compromise,
known
as
the
GREAT
COMPROMISE
(also
some7mes
called
the
ConnecLcut
Compromise,
because
of
the
role
of
Roger
Sherman
of
Connec7cut)
was
an
Revised
06/06/2011
Page 3 of 6
agreement
reached
between
delegates
from
the
smaller
states
and
those
represen7ng
larger
states
on
issues
that
had
been
dividing
them.
This
Compromise
was
an
indispensable
agreement,
without
which
the
Cons7tu7on
would
have
never
been
approved.
The
main
issue
that
divided
the
small
and
large
states
was
the
issue
that
was
resolved
by
adop7ng
a
bicameral
legislature. |
|
|
Term
|
Definition
You
may
recall
a
previous
men7on
of
the
VIRGINIA
PLAN.
The
plan
represented
the
interests
of
the
large
states,
which
believed
that
they
should
have
a
sufficient
representa7on
to
reflect
their
large
popula7ons
and
resources.
In
other
words,
they
wanted
to
be
represented
in
propor7on
to
their
popula7on. |
|
|
Term
proportional
representation |
|
Definition
which
believed
that
they
should
have
a
sufficient
representa7on
to
reflect
their
large
popula7ons
and
resources.
In
other
words,
they
wanted
to
be
represented
in
propor7on
to
their
popula7on. |
|
|
Term
|
Definition
The
smaller
states,
which
would
of
course
have
few
delegates
under
a
propor7onal
system,
wanted
to
retain
the
method
of
Congressional
representa7on
that
had
been
in
the
Ar7cles
of
Confedera7on-‐-‐
that
of
one
vote
per
state.
They
wanted
Congressional
representa7on
to
be
based
on
the
principle
of
the
equality
of
states.
The
result
was
the
adop7on
of
a
bicameral
legislature,
where
one
house
adopted
propor7onal
representa7on
and
the
other
was
arranged
according
to
the
principle
of
equality
of
states. |
|
|
Term
members
of
the
House
of
Representa7ves
serve |
|
Definition
only
two-‐year
terms
and
are
directly
elected
by
the
people
in
their
states.
They
must
be
at
least
25
years
of
age
and
must
have
been
a
U.
S.
ci7zen
for
at
least
seven
years.
The
requirements
for
serving
in
the
House
are
much
less
stringent
than
requirements
for
serving
in
the
Senate.
This
was
inten7onal
and
these
dis7nc7ons
are
very
much
a
part
of
the
Great
Compromise. |
|
|
Term
|
Definition
It
is
in
part
because
of
these
requirements
that
the
House
of
Representa7ves
was
considered
the
"DemocraLc
House".
By
this
I
am
NOT
referring
to
poli7cal
party
labels
but
to
the
defini7on
of
democracy
that
we
considered
a
couple
of
weeks
ago. |
|
|
Term
ONLY
part
of
the
federal
government
that
had
democra7c
features |
|
Definition
|
|
Term
members
were
chosen
DIRECTLY
by
the
voters,
they
had
short
terms,
which
meant
they
were
regularly
accountable
to
their
consLtuents
(the
voters
that
elected
them)
and
that
the
number
of
House
members
from
a
given
state
was
propor7onal
to
that
state’s
popula7on. |
|
Definition
The
House
of
Representa7ves
was
the
ONLY
part
of
the
federal
government
that
had
democra7c
features.
The
House
members
were
chosen
DIRECTLY
by
the
voters,
they
had
short
terms,
which
meant
they
were
regularly
accountable
to
their
consLtuents
(the
voters
that
elected
them)
and
that
the
number
of
House
members
from
a
given
state
was
propor7onal
to
that
state’s
popula7on.
Each
member
of
the
House
has
one
vote,
so
larger
states,
such
as
Virginia,
controlled
more
votes
than
a
smaller
state
like
Rhode
Island.
Majority
rule,
direct
elec7on
by
the
people—
these
are
common
features
of
that
form
of
government
that
we
call
democracy. |
|
|
Term
the
U.
S.
Senate
was
to
contain
the
characteris7cs
of
a
REPUBLIC. |
|
Definition
In
contrast
to
the
democraLc
nature
of
the
House
of
Representa7ves,
the
U.
S.
Senate
was
to
contain
the
characteris7cs
of
a
REPUBLIC.
We
can
see
this
dis7nc7on
in
the
requirements
for
serving
in
the
Senate
and
the
way
in
which
they
were
elected,
as
well
as
in
their
terms
of
office.
Senators
had
to
be
30
years
of
age
and
to
hold
ci7zenship
for
at
least
nine
years.
They
serve
six
year
terms
and
according
to
the
Cons7tu7on
of
1787
they
were
chosen
not
by
the
people
but
by
appointment
of
their
state
legislatures
(this
was
changed
in
the
17th
amendment).
Each
state
was
en7tled
to
two
Senators. |
|
|
Term
| Difference between Senate and the House of Representatives |
|
Definition
So
what
is
"republican"
(again,
this
is
NOT
a
reference
to
the
poli7cal
party)
about
the
qualifica7ons
and
terms
of
office
for
Senators?
They
must
be
30
years
of
age
and
9
years
a
ci7zen—
requirements
that
are
more
restricLve
than
the
equivalent
requirements
for
serving
in
the
House.
Presumably
those
serving
in
the
Senate
will
be
older
and
wiser
than
their
house
counterparts.
Also
they
are
chosen
by
other
government
officials,
rather
than
by
the
people
in
their
states.
There
is
an
addi7onal
level
added
in
the
Senate
that
is
not
present
in
the
House.
The
people
of
MassachuseJs,
for
instance,
elect
their
state
legislators,
who
in
turn
appoint
a
U.
S.
Senator
to
represent
the
state
of
MassachuseJs.
The
Senators
represent
the
state;
the
members
of
the
House
represent
the
people
who
elect
them.
Since
other
elected
officials
choose
Senators,
they
are
presumably
more
educated
and
more
reasonable—
less
prone
to
deciding
based
on
emo7on.
Since
they
are
presumably
more
stable,
they
can
be
trusted
with
six
year
terms,
rather
than
the
two
year
terms
of
the
house
members.
Since
House
members
are
younger,
may
have
been
ci7zens
for
less
7me,
and
are
elected
directly
Revised
06/06/2011
Page 4 of 6
by
the
people
(who
they
believed
could
not
always
be
trusted
to
do
the
right
thing)
then
they
can
only
be
trusted
for
two-‐year
7mes.
This
is
a
bit
simplified,
but
I
think
I
have
made
the
point. |
|
|
Term
had
the
SOLE
power
to
approve
presiden7al
appointments
by
a
majority
(50%
or
more). |
|
Definition
(1).
The
Senate
had
the
SOLE
power
to
approve
presiden7al
appointments
by
a
majority
(50%
or
more).
Why
was
this
power
reserved
for
the
Senate?
Why
doesn’t
the
House
of
Representa7ves
par7cipate
in
approving
presiden7al
appointments?
The
answer
lies
in
the
perceived
difference
between
democracy
and
republicanism
in
1787.
The
Senators
had
to
be
older;
they
were
chosen
by
other
elected
officials,
not
directly
by
the
people.
So
they
were
presumed
to
be
older
and
wiser,
and
a
bit
removed
from
the
tendency
toward
emo7onalism
that
was
oken
exhibited
by
the
“people" |
|
|
Term
the
Senate
right
to
approve
treaLes
by
a
2/3
margin |
|
Definition
(2).
We
can
also
make
the
same
point
about
(2)-‐-‐
the
Senate
right
to
approve
treaLes
by
a
2/3
margin.
The
House
does
not
par7cipate
in
this
process
either.
The
president
nego7ates
trea7es
with
foreign
countries
but
the
Senate
must
approve
them
by
2/3
before
they
become
official.
Again,
the
Senate
was
trusted
more;
it
was
presumed
to
have
beJer
judgment
than
the
House.
What
other
sole
power
does
the
Senate
have
that
relates
to
one
of
the
exclusive
powers
given
to
the
House?
The
qualifica7ons
for
Senators,
their
method
of
elec7on,
their
terms
of
office,
and
their
UNIQUE
du7es
set
them
apart
from
the
other
house.
This
is
an
essen7al
point
to
master
if
you
wish
to
see
the
original
vision
for
the
Cons7tu7on.
Though
it
is
very
different
today,
first
we
must
see
it
as
it
originally
was. |
|
|
Term
UNIQUE
du7es
set
them
apart
from
the
other
house. |
|
Definition
The
qualifica7ons
for
Senators,
their
method
of
elec7on,
their
terms
of
office,
and
their
UNIQUE
du7es
set
them
apart
from
the
other
house.
This
is
an
essen7al
point
to
master
if
you
wish
to
see
the
original
vision
for
the
Cons7tu7on.
Though
it
is
very
different
today,
first
we
must
see
it
as
it
originally
was. |
|
|
Term
secLon
eight
is
the
heart
of
ar7cle
one. |
|
Definition
When
we
place
Ar7cle
One
within
the
context
of
the
separa7on
of
powers
and
checks
and
balances,
we
see
that
secLon
eight
is
the
heart
of
ar7cle
one.
Here
we
see
a
list
of
17
specific
grants
of
power,
a
group
of
powers
that
we
call
the
ENUMERATED
POWERS
OF
CONGRESS. |
|
|
Term
ENUMERATED
POWERS
OF
CONGRESS |
|
Definition
When
we
place
Ar7cle
One
within
the
context
of
the
separa7on
of
powers
and
checks
and
balances,
we
see
that
secLon
eight
is
the
heart
of
ar7cle
one.
Here
we
see
a
list
of
17
specific
grants
of
power,
a
group
of
powers
that
we
call
the
ENUMERATED
POWERS
OF
CONGRESS.
They
are
called
the
enumerated
powers
of
Congress
because
they
are
SPECIFIC
grants
of
power.
To
a
certain
extent
they
are
listed
in
order
of
importance;
certainly
the
first
three
enumerated
powers
were
essen7al
powers
that
had
been
denied
to
the
na7onal
government
under
the
previous
Ar7cles
of
Confedera7on. |
|
|
Term
necessary
and
proper
clause,
also
some7mes
referred
to
as
the
elasLc
clause. |
|
Definition
Sec7on
Eight
concludes
with
a
power
unlike
the
17
enumerated
powers
that
precede
it.
It
is
not
considered
an
enumerated
power
because
it
does
not
convey
a
specific
grant
of
power.
This
clause
contains
what
is
known
as
the
necessary
and
proper
clause,
also
some7mes
referred
to
as
the
elasLc
clause.
This
clause
has
been
extremely
important
in
giving
Congress
the
powers
that
it
needs
to
meet
changing
and
more
complex
condi7ons.
The
necessary
and
proper
clause
is
also
one
of
the
most
widely
misunderstood
parts
of
the
Cons7tu7on.
I
ask
you
to
read
it
over
carefully
and
take
note
of
the
wording.
This
clause
does
not
give
Congress
whatever
power
it
feels
is
necessary
and/or
proper.
What
it
does
is
to
facilitate
the
implementa7on
of
the
17
enumerated
powers.
No7ce
that
there
is
a
cons7tu7onal
link
between
this
clause
and
the
"foregoing"
enumerated
powers.
Please
give
some
thought
as
to
what
this
clause
does
and
does
not
do. |
|
|
Term
naLonal
bank,
which
was
authorized
in
1791. |
|
Definition
The
example
most
oken
cited
to
illustrate
how
the
elas7c
clause
works
is
the
issue
of
the
naLonal
bank,
which
was
authorized
in
1791.
Some
Congressmen
believed
that
the
Cons7tu7on
did
not
convey
the
right
to
create
a
bank
to
Congress
because
the
crea7on
of
a
bank
is
not
in
the
list
of
17
enumerated
powers.
But
other
Congressmen
pointed
out
that
the
power
to
tax,
to
issue
currency,
and
to
borrow
money
on
the
credit
of
the
government
was
made
easier
by
the
crea7on
of
a
na7onal
bank
that
was
owned
in
part
by
the
na7onal
government.
Some
as
cons7tu7onal
never
accepted
the
bank,
though
authorized
in
1791.
Finally
the
case
of
the
cons7tu7onality
of
the
bank
was
taken
to
court,
and
in
1819
the
Supreme
Court
issued
its
ruling.
The
Supreme
Court,
in
the
case
of
McCullough
v.
Maryland,
ruled
that
the
necessary
and
proper
clause
made
the
bank
cons7tu7onal,
because
of
its
link
to
several
of
the
enumerated
powers.
So
the
elas7c
clause
has
been
one
of
the
primary
factors
in
the
gradual
increase
in
the
power
of
the
na7onal
government
at
the
expense
of
the
states. |
|
|
Term
|
Definition
The
Supreme
Court,
in
the
case
of
McCullough
v.
Maryland,
ruled
that
the
necessary
and
proper
clause
made
the
bank
cons7tu7onal,
because
of
its
link
to
several
of
the
enumerated
powers.
So
the
elas7c
clause
has
been
one
of
the
primary
factors
in
the
gradual
increase
in
the
power
of
the
na7onal
government
at
the
expense
of
the
states. |
|
|
Term
prohibiLons
on
the
Congress
and
on
the
states |
|
Definition
There
are
three
concepts
in
Sec7on
Nine
that
I
would
like
you
to
know.
All
are
examples
of
protec7ons
for
individual
ci7zens
against
acLon
by
Congress.
These
are
examples
of
the
very
few
protec7ons
of
the
individual
in
the
original
Cons7tu7on.
(We
will
find
many
examples
of
individual
protec7ons
in
the
amendments). |
|
|
Term
|
Definition
There
are
three
concepts
in
Sec7on
Nine
that
I
would
like
you
to
know.
All
are
examples
of
protec7ons
for
individual
ci7zens
against
acLon
by
Congress.
These
are
examples
of
the
very
few
protec7ons
of
the
individual
in
the
original
Cons7tu7on.
(We
will
find
many
examples
of
individual
protec7ons
in
the
amendments). |
|
|
Term
|
Definition
Habeas
corpus.
Monk
does
a
good
job
of
explaining
this
term.
Literally,
it
translates
from
the
La7n
as
"produce
the
body."
Less
literally,
it
means
that
a
person
detained
by
a
government
authority
has
the
right
to
appear
in
a
public
proceeding
(hearing)
to
be
charged
with
a
specific
crime.
If
there
is
no
suppor7ng
evidence
for
the
accusa7on,
then
he
must
be
freed.
Congress
can
not
take
away
this
right
except
during
na7onal
emergencies.
This
right
is
at
the
heart
of
our
system
of
"due
process." |
|
|
Term
|
Definition
| Noun 1. due process - (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards |
|
|
Term
Bill
of
atainder.
Bills
of
atainder |
|
Definition
Bill
of
abainder.
Bills
of
abainder
occur
when
a
legislature
passes
a
law
that
in
fact
punishes
someone
for
a
crime.
This
prac7ce
was
common
in
England
but
it
is
an
obvious
viola7on
of
separa7on
of
powers.
Congress
is
prohibited
from
passing
such
a
law.
It
was
par7cularly
implemented
in
England
in
connec7on
with
the
charge
of
treason. |
|
|
Term
|
Definition
Ex
post
facto
law.
Some
of
you
are
familiar
with
this
concept.
Literally
translated
from
the
La7n,
it
means
aker
the
fact.
If
you
commit
an
act
that
later
is
declared
illegal,
you
can
not
be
convicted
for
a
viola7on
of
law.
Something
has
to
be
illegal
at
the
7me
that
you
commit
the
act,
before
you
can
be
held
legally
accountable.
Again,
Congress
can
pass
no
law
that
creates
an
ex
post
facto
situa7on. |
|
|
Term
LECTURE THREE CHRONOLOGY-
Montesquie The Spirit of the Laws - 1742
Constitutional Convention - 1787
National Bank authorized - 1791
Mcullough v. Maryland - 1819 |
|
Definition
|
|
Term
|
Definition
Please
keep
in
mind
something
that
I
have
emphasized
in
past
lectures—
the
structure
of
the
Cons/tu/on
is
important.
The
first
three
ar/cles
(of
course
we
have
already
considered
Ar/cle
One)
describe
the
general
outlines
of
our
na/onal
government
and
allocate
power
in
varying
degrees
to
the
legisla/ve,
execu/ve
and
judicial
branches. |
|
|
Term
SEPARATION
OF
POWERS
and
CHECKS
AND
BALANCES |
|
Definition
Now
that
you
have
completed
your
reading
of
most
of
the
original
Cons/tu/on
you
have
probably
no/ced
that
power
was
NOT
equally
distributed
among
the
three
branches
of
our
government.
Power
was
allocated
to
a
par/cular
branch
only
aTer
grave
considera/on.
This
might
be
the
appropriate
/me
to
discuss
the
great
fears
of
the
delegates
at
the
Cons/tu/onal
Conven/on
of
ABUSE
OF
POWER.
This
is
one
of
the
few
ideas
that
unified
all
fac/ons
at
the
Conven/on |
|
|
Term
|
Definition
There
is
a
famous
saying
that
“power
corrupts,
and
absolute
power
corrupts
absolutely.”
Though
this
par/cular
quote
is
from
a
later
/me
period,
it
aptly
describes
the
fears
of
the
delegates
charged
with
wri/ng
the
Cons/tu/on.
James
Madison,
whose
central
role
at
the
Conven/on
we
have
previously
discussed,
phrased
it
another
way
when
he
said,
“If
men
were
angels,
no
government
would
be
necessary.” |
|
|
Term
|
Definition
The
commitment
to
LIMITED
GOVERNMENT
was
very
strong
during
this
/me
period.
This
concept
can
also
be
a9ributed
in
part
to
John
Locke,
a
philosopher
that
we
discussed
previously.
Government
should
be
allocated
only
the
power
that
it
needs
to
perform
the
func/ons
given
to
it
in
the
Cons/tu/on.
The
rest
of
the
power
resides
in
the
people
and/or
in
the
states
(an
amendment
was
later
added
that
included
these
words). |
|
|
Term
Qualifica6ons
for
serving
as
President |
|
Definition
as
defined
in
Ar/cle
Two
are
minimal.
The
President
must
be
at
least
35
years
old,
the
highest
age
requirement
for
any
office
men/oned
in
the
Cons/tu/on.
The
idea
behind
this
restric/on
is
that
the
President
must
have
some
life
experience,
and
should
be
older
than
the
minimal
age
for
the
two
houses
of
Congress.The
president
must
also
be
a
“natural-‐born”
ci6zen.The
final
qualifica/on
for
serving
as
president
is
that
the
person
must
have
resided
in
the
U.
S.
for
fourteen
years;
it
does
not
have
to
be
the
immediate
14
years
before
running
for
President,
nor
does
it
have
to
be
14
CONSECUTIVE
years
as
president.
This
requirement
has
not
been
much
of
an
issue
over
the
years. |
|
|
Term
|
Definition
It
can
be
found
in
Sec/on
One
of
Ar/cle
Two.
It
is
nearly
impossible
to
make
sense
of
this
clause
as
wri9en
in
the
document
so
I
will
offer
an
explana/on
that
should
be
easier
for
you
to
grasp.
The
Electoral
College
was
the
result
of
a
complicated
compromise
worked
out
at
the
Cons/tu/onal
Conven/on
by
JAMES
WILSON.
The
issue
that
led
to
this
compromise
was
one
of
the
most
emo/onal
issues
discussed
at
the
conven/on.
Remember
that
an
independent
office
of
President,
with
its
unique
cons/tu/onal
powers,
was
a
new
idea
and
in
the
minds
of
some
delegates
conjured
up
images
of
a
“king-‐like”
office. |
|
|
Term
There
were
three
major
sugges/ons
made
at
the
Cons/tu/onal
Conven/on
regarding
the
method
of
elec/ng
the
President:
1)
chosen
by
the
Congress
2)
chosen
by
the
people
3)
chosen
by
the
state
legislatures. |
|
Definition
Each
of
these
sugges/ons
contained
both
strengths
and
weaknesses,
and
none
of
the
three
sugges/ons
received
enough
support
to
be
incorporated
into
the
Cons/tu/on.
JAMES
WILSON
was
the
delegate
that
proposed
the
ELECTORAL
COLLEGE.
In
some
ways
it
is
a
cumbersome
process,
but
it
had
the
advantage
of
including
a
role
for
the
people,
for
the
states,
and
for
Congress.
Since
it
incorporated
elements
of
each
of
the
three
proposed
ways
of
choosing
the
President,
it
received
enough
support
to
be
included
in
the
Cons/tu/on.
The
Electoral
College
and
its
manner
of
implementa/on
have
changed
over
the
years.
As
long
as
the
changes
do
not
violate
the
broad
outlines
of
the
process
contained
in
Ar/cle
Two,
then
these
changes
that
have
occurred
over
the
years
do
not
violate
the
Cons/tu/on. |
|
|
Term
|
Definition
This
is
what
you
do
on
Elec/on
Day
if
you
are
registered
to
vote.
To
that
extent,
the
president
is
chosen
by
the
people.
But
as
you
may
know,
the
process
does
not
end
there.
There
is
an
important
step
that
incorporates
the
states.
ATer
the
polls
close
the
votes
are
counted
BY
STATE |
|
|
Term
|
Definition
The
candidate
who
has
the
most
votes
WITHIN
A
STATE
wins
that
state’s
electoral
votes.
Now
let’s
see
how
the
electoral
votes
are
distributed
among
the
states |
|
|
Term
|
Definition
Each
state
is
given
ONE
electoral
vote
for
each
member
of
Congress
that
the
state
has |
|
|
Term
ALL
of
that
state’s
electoral
votes.
A
few
states
do
not
have
this
requirement
but
normally
electoral
votes
ALLOCATED
TO
ONE
STATE |
|
Definition
Most
of
the
50
states
require
that
the
presiden/al
candidate
that
receives
the
most
votes
within
that
state
receives
ALL
of
that
state’s
electoral
votes.
A
few
states
do
not
have
this
requirement
but
normally
electoral
votes
ALLOCATED
TO
ONE
STATE
goes
to
the
candidate
with
the
most
popular
votes
within
that
state.
For
example,
in
the
2000
elec/on,
George
Bush
received
more
votes
in
Nevada
than
did
his
opponents,
so
he
received
all
four
(at
that
/me
it
was
four)
of
Nevada’s
electoral
votes.
Al
Gore
won
the
popular
vote
in
California,
so
he
won
all
of
California’s
many
electoral
votes.
Although
there
are
states
that
allow
excep/ons
to
this
rule,
(currently
only
two)
this
process
is
the
norm.
If
any
of
you
are
interested
in
the
excep3ons,
please
email
me
with
your
ques3on
or
post
a
ques3on. |
|
|
Term
Amendment
23
of
the
Cons/tu/on) |
|
Definition
TextSection 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation. |
|
|
Term
A
MAJORITY
(50%)
of
the
electoral
votes |
|
Definition
Ar/cle
two
of
the
Cons/tu/on
requires
that
the
winning
candidate
win
A
MAJORITY
(50%)
of
the
electoral
votes. |
|
|
Term
|
Definition
Remember
that
for
a
“third
party”
candidate
to
win
electoral
votes,
he
must
have
enough
support
to
win
the
POPULAR
VOTE
in
a
given
state.
Generally
speaking,
candidates
running
on
/ckets
other
than
the
Republican
or
Democra/c
Party
/ckets
do
not
have
enough
support
to
win
ELECTORAL
VOTES. |
|
|
Term
HOUSE
OF
REPRESENTATIVES chooses the president when |
|
Definition
Ar/cle
Two
provides
for
an
addi/onal
step
of
the
Electoral
College
process
in
the
event
that
no
candidate
received
more
than
50%
of
the
ELECTORAL
COLLEGE
VOTE.
When
that
happens,
such
as
in
the
elec/ons
of
1800
and
1824,
the
HOUSE
OF
REPRESENTATIVES
chooses
the
president |
|
|
Term
president
will
serve
a
four
year
term |
|
Definition
Sec/on
one
of
Ar/cle
Two
also
specifies
that
the
president
will
serve
a
four
year
term.
Originally
there
was
no
limit
placed
on
the
NUMBER
of
terms
a
president
could
serve.
A
limita/on
of
two
four-‐year
terms
was
added
later
in
the
22nd
amendment.
George
Washington
established
a
tradi/on
of
serving
only
two
terms;
future
presidents
followed
this
custom
un/l
Franklin
D.
Roosevelt
was
elected
to
a
third
term
in
1940. |
|
|
Term
Commander-‐in-‐Chief
of
the
armed
forces. |
|
Definition
A
major
cons/tu/onal
power
of
the
president
is
serving
as
Commander-‐in-‐Chief
of
the
armed
forces.
This
is
a
powerful
role
that
allows
the
president’s
tradi/onal
power
to
expand
during
war/me. |
|
|
Term
not
a
member
of
the
military
and
is
NOT
subject
to
the
Universal
Code
of
Military
Jus6ce. |
|
Definition
However,
at
the
/me
of
his
elec/on
the
President
must
be
a
civilian.
Such
a
restric/on
ensures
that
the
civilian
authority
of
the
government
will
exceed
that
of
the
military.
The
President
is
not
a
member
of
the
military
and
is
NOT
subject
to
the
Universal
Code
of
Military
Jus6ce. |
|
|
Term
characteris/c
of
POWER-‐
SHARING
in
the
Cons/tu/on |
|
Definition
The
designa/on
of
the
president
as
Commander-‐in-‐Chief
is
an
interes/ng
example
of
the
characteris/c
of
POWER-‐
SHARING
in
the
Cons/tu/on.
Congress
has
the
EXCLUSIVE
power
to
declare
war,
but
the
president
is
Commander-‐in-‐
Chief.
This
division
of
war
responsibili/es
represents
an
a9empt
to
force
coopera/on
of
the
two
branches
during
/mes
of
war.
This
power
sharing
has
proved
to
be
reasonably
effec/ve
during
our
200+
history. |
|
|
Term
grant
pardons
and
reprieves for a FEDERAL law |
|
Definition
A
second
specific
cons/tu/onal
power
granted
in
Ar/cle
Two
is
the
power
to
grant
pardons
and
reprieves.
This
power
can
only
be
invoked
if
the
person
seeking
a
pardon
has
been
either
accused
or
convicted
of
a
viola/on
of
FEDERAL
LAW. |
|
|
Term
The
president
has
no
authority
to
pardon
someone
on
death
row
in
a
STATE
prison,
because
that
person
has
been
convicted
under
STATE
law. |
|
Definition
The
most
famous
pardon
in
American
history
was
the
pardon
of
Richard
Nixon
by
President
Ford. |
|
|
Term
|
Definition
When
a
president
issues
a
pardon
BEFORE
a
trial
has
taken
place,
the
pardon
removes
the
need
for
a
trial. |
|
|
Term
|
Definition
These
types
of
pardons
are
generally
not
popular
with
the
American
people
(though
they
are
legal)
because
it
removes
the
means
(trial)
by
which
the
truth
can
be
determined.
President
Clinton
issued
a
large
number
of
pardons
just
before
leaving
office.
Most
were
rou/ne,
but
one
involved
a
former
poli/cal
contributor,
so
he
was
widely
cri/cized
for
issuing
the
pardon.
Keep
in
mind
that
pardons
are
issued
each
year;
most
involve
ordinary
ci/zens
pardoned
for
humane
reasons.
Only
the
controversial
pardons
make
the
headlines.
It
is
interes/ng
that
of
all
the
cons/tu/onal
powers
of
the
president |
|
|
Term
only
the
pardoning
power
can
not
be
“checked”
by
the
other
two
branches
of
the
na6onal
government. |
|
Definition
It
is
interes/ng
that
of
all
the
cons/tu/onal
powers
of
the
president,
only
the
pardoning
power
can
not
be
“checked”
by
the
other
two
branches
of
the
na6onal
government. |
|
|
Term
conclude
trea6es
with
foreign
countries |
|
Definition
Ar/cle
Two
also
gives
the
president
the
right
to
conclude
trea6es
with
foreign
countries.
Most
major
agreements
between
the
U.
S.
and
other
na/ons
require
a
treaty,
and
these
trea/es
have
the
same
level
of
recogni/on
as
a
Congressional
law
or
a
Supreme
Court
decision. |
|
|
Term
must
be
ra6fied
(approved)
by
the
Senate
by
a
2/3
majority
vote |
|
Definition
The
president
generally
works
through
the
Department
of
State
when
nego/a/ng
trea/es,
but
once
agreed
upon,
they
must
be
ra6fied
(approved)
by
the
Senate
by
a
2/3
majority
vote.
A
2/3
vote
is
rela/vely
hard
to
obtain,
and
thus
forces
coopera/on
among
the
two
poli/cal
par/es
when
determining
policies
regarding
official
rela/ons
with
foreign
countries. |
|
|
Term
|
Definition
Yet
another
cons/tu/onal
power
of
the
president
is
the
power
of
appointment.
The
president
appoints
ambassadors
to
foreign
countries,
Cabinet
members,
all
federal
judges,
and
members
of
federal
boards
and
commissions
(such
as
the
Federal
Reserve
Board,
Civil
Aeronau/cs
Board,
etc).
He
makes
thousands
of
appointments |
|
|
Term
they
must
be
ra6fied
(approved)
by
a
majority
vote
of
the
Senate.
(Recall
that
a
majority
vote
is
50%
of
the
Senate). |
|
Definition
He
makes
thousands
of
appointments,
but
they
must
be
ra6fied
(approved)
by
a
majority
vote
of
the
Senate.
(Recall
that
a
majority
vote
is
50%
of
the
Senate).
Senators,
considered
to
be
“older
and
wiser”
than
members
of
the
House,
value
this
unique
power
of
approval.
It
is
an
important
example
of
checks
and
balances. |
|
|
Term
right
to
fill
vacancies
of
posi6ons
where
he
holds
appoin6ve
power
during
a
recess
of
the
Senate. |
|
Definition
Ar/cle
Two
also
gives
the
president
the
right
to
fill
vacancies
of
posi6ons
where
he
holds
appoin6ve
power
during
a
recess
of
the
Senate.
This
clause
does
NOT
give
him
the
right
to
fill
vacancies
IN
the
Senate,
but
rather
fill
normal
execu/ve
and
judicial
offices
when
the
Senate
is
in
recess.
When
the
Senate
returns
from
its
recess,
it
then
exercises
its
right
to
approve
or
disapprove
the
appointment
made
in
its
absence.
To
repeat,
the
president
DOES
NOT
fill
vacancies
in
the
Senate
itself.
President
Bush
appointed
several
controversial
judges
to
federal
judgeships
while
the
Senate
was
in
recess.
These
judges
can
assume
their
du/es,
and
can
perform
their
du/es
through
the
end
of
the
next
Congressional
session
(they
end
in
December
of
even-‐numbered
years).
At
that
/me
they
must
face
approval
from
the
Senate
by
a
majority
vote. |
|
|
Term
|
Definition
The
final
cons/tu/onal
power
that
I
will
men/on
this
week
is
the
presiden/al
power
to
VETO
legisla/on
passed
by
Congress
(actually
found
in
Ar/cle
One).
He
may
veto
a
bill
because
he
believes
it
to
be
uncons/tu/onal
or
he
may
just
not
like
a
por/on
of
it,
but
he
must
veto
the
en/re
bill; |
|
|
Term
|
Definition
he
must
veto
the
en/re
bill;
he
does
not
have
the
ITEM
VETO,
where
he
picks
and
chooses
among
the
many
items
contained
in
one
bill.
T |
|
|
Term
He
is
not
required
to
EXPLAIN
his
veto |
|
Definition
The
president
either
signs
the
bill
into
law
or
he
sends
the
bill
back
to
Congress
(to
the
house
where
it
originated)
with
his
veto.
He
is
not
required
to
EXPLAIN
his
veto,
but
he
generally
does. |
|
|
Term
|
Definition
Both
houses
of
Congress
then
must
pass
the
bill
again,
this
/me
by
a
2/3
vote
of
each
house,
or
else
the
bill
dies.
If
there
is
less
then
10
days
leT
in
a
Congressional
session
when
the
president
receives
the
bill,
he
can
DO
NOTHING
and
the
bill
will
die.
This |
|
|
Term
|
Definition
If
there
is
less
then
10
days
leT
in
a
Congressional
session
when
the
president
receives
the
bill,
he
can
DO
NOTHING
and
the
bill
will
die. |
|
|
Term
there
is
NO
men/on
of
cons/tu/onal
qualifica/ons |
|
Definition
In
describing
the
judicial
branch
there
is
NO
men/on
of
cons/tu/onal
qualifica/ons
for
serving
as
a
federal
judge.
ALL
federal
judges
are
appointed
by
the
president
and
are
approved
by
a
majority
vote
of
the
Senate.
Perhaps
the
founding
fathers
found
that
this
was
enough
of
a
guarantee
that
only
qualified
persons
would
be
considered
for
such
a
posi/on. |
|
|
Term
ALL
federal
judges
are
appointed
by
the
president
and
are
approved
by
a
majority
vote
of
the
Senate |
|
Definition
Ar/cle
Two
is
quite
specific
regarding
presiden/al
powers
and
du/es,
as
well
as
qualifica/ons.
Ar/cle
Three
is
quite
the
opposite.
In
describing
the
judicial
branch
there
is
NO
men/on
of
cons/tu/onal
qualifica/ons
for
serving
as
a
federal
judge.
ALL
federal
judges
are
appointed
by
the
president
and
are
approved
by
a
majority
vote
of
the
Senate.
Perhaps
the
founding
fathers
found
that
this
was
enough
of
a
guarantee
that
only
qualified
persons
would
be
considered
for
such
a
posi/on. |
|
|
Term
the
only
court
established
by
the
Cons/tu/on. |
|
Definition
The
Supreme
Court
is
the
only
court
established
by
the
Cons/tu/on.
What
this
means
is
that
it
can
only
be
dismantled
by
means
of
a
cons/tu/onal
amendment.
However,
in
the
enumerated
powers
of
Congress,
previously
discussed,
Congress
can
establish
addi/onal
federal
courts.
Over
the
years
it
has
done
so;
there
are
three
major
levels
of
federal
courts. |
|
|
Term
|
Definition
of
which
there
are
94,
serve
as
the
origina/ng
trial
court.
If
you
were
charged
with
viola/ng
a
FEDERAL
law,
your
case
would
begin
here.
This
is
where
the
trial,
with
your
guarantee
of
a
jury,
takes
place. |
|
|
Term
charged
with
viola/ng
a
FEDERAL
law,
your |
|
Definition
|
|
Term
U.
S.
Circuit
Courts
of
Appeal |
|
Definition
if
you
are
convicted
in
the
district
court,
and
if
you
have
appropriate
grounds
to
appeal
your
convic/on,
your
case
would
move
to
a
federal
appeals
court.
There
are
currently
13
of
these
courts.
Federal
cases
tried
in
Nevada
would
be
appealed
to
the
Circuit
Court
of
Appeals
in
San
Francisco.
There
is
no
jury
in
an
appeals
case;
a
panel
of
judges
examines
the
trial
record
and
determines
whether
an
error
has
occurred
or
if
you
have
been
denied
a
cons/tu/onal
right.
If
they
determine
that
an
error
has
occurred,
your
case
would
be
retried
in
the
District
trial
court.
If
your
appeal
is
denied,
you
may
appeal
to
the
U.
S.
Supreme
Court,
but
there
must
be
a
cons/tu/onal
ques/on
involved
or
your
request
for
an
appeal
will
be
denied. |
|
|
Term
The
Supreme
Court,
the
court
of
LAST
RESORT |
|
Definition
is
currently
comprised
of
nine
jus/ces.
This
number
is
determined
by
Congress
and
can
be
enlarged
or
decreased
by
Congressional
law.
Supreme
Court
Jus/ces
(and
ALL
federal
judges)
serve
“during
good
behavior.”
This
is
cons/tu/onal
language
for
life
terms,
except
if
a
judge
commits
impeachable
behavior.
Impeachable
behavior
is
commivng
“treason,
bribery
or
high
crimes
and
misdemeanors.”
Impeachment
is
the
only
way
to
remove
a
judge
who
does
not
wish
to
leave
office. |
|
|
Term
APPELLATE
(appeals)
JURISDICTION |
|
Definition
The
process
of
reviewing
an
appeal
comes
under
the
APPELLATE
(appeals)
JURISDICTION
of
the
court.
99%
of
the
court’s
cases
fall
in
this
category |
|
|
Term
Court
might
exercise
ORIGINAL
JURISDICTION. |
|
Definition
In
very
limited
circumstances,
such
as
a
case
involving
a
U.
S.
ambassador
serving
abroad,
the
Court
might
exercise
ORIGINAL
JURISDICTION.
This
simply
means
that
a
case
BEGINS
in
the
Supreme
Court.
In
such
cases
there
is
no
chance
for
appeal.
Cases
that
originate
in
the
Supreme
Court
are
extremely
rare. |
|
|
Term
|
Definition
Few
specific
cons/tu/onal
powers
are
described
in
Ar/cle
Three.
The
cons/tu/onal
power
of
the
courts
is
rooted
in
tradi/on—in
something
known
as
JUDICIAL
REVIEW.
Though
not
explicitly
stated
(though
it
is
indirectly
referred
to
in
Ar/cle
SIX’s
clause
that
federal
courts,
in
certain
circumstances,
can
review
the
rulings
of
state
courts).
In
short,
the
courts’
power
of
judicial
review
is
the
power
to
interpret
what
the
Cons/tu/on
means
when
applied
to
a
par/cular
situa/on. |
|
|
Term
|
Definition
that
has
not
organized
into
states,
and
also
the
full
faith
and
credit
clause,
which
has
taken
on
renewed
significance
in
light
of
the
issue
of
gay
marriage.
Read
what
Monk
has
to
say
about
the
rela/onship
between
this
clause
and
the
gay
marriage
and
civil
unions
issue. |
|
|
Term
LECTURE FOUR CHRONOLOGY -
1787 - Constitution written
1789 - COnstitution went into effect
1940 FRanklin D. Roosevelt elected to a third term
1968 George Romney
2000 election Bush vs. Gore |
|
Definition
|
|
Term
The
amendment
procedure
has
transformed
what
was
essen;ally
a
REPUBLICAN
document
into
one
that
is
primarily
DEMOCRATIC
(see
lecture
one
if
you
need
to
review
those
two
governmental
concepts). |
|
Definition
Though
each
amendment
has
brought
change
to
the
document,
the
27
amendments,
if
taken
in
their
totality,
have
fundamentally
changed
two
basic
features
of
the
Cons;tu;on.
The
amendment
procedure
has
transformed
what
was
essen;ally
a
REPUBLICAN
document
into
one
that
is
primarily
DEMOCRATIC
(see
lecture
one
if
you
need
to
review
those
two
governmental
concepts).
Though
republican
features,
such
as
the
Electoral
College,
remain,
the
Cons;tu;on
now
provides
for
universal
suffrage
(vo;ng)
and
guarantees
equality
under
the
law.
These
are
classic
features
of
a
democracy. |
|
|
Term
|
Definition
|
|
Term
|
Definition
Ten
of
these,
collec;vely
known
as
the
BILL
OF
RIGHTS,
were
added
at
the
same
;me
in
the
year
1791,
shortly
aFer
the
adop;on
of
the
original
cons;tu;on. |
|
|
Term
|
Definition
The
amendment
procedure
is
a
TWO-‐STATE
PROCESS,
and
is
one
of
the
truly
federal
features
of
the
Cons;tu;on.
By
this
I
mean
that
BOTH
the
na;onal
government
and
the
state
governments
must
agree
before
something
new
is
added
to
the
Cons;tu;on.The
process
is
intended
to
ensure
broad
agreement
and
to
prevent
narrowly
poli;cal
changes
from
becoming
cons;tu;onal
law. |
|
|
Term
|
Definition
The
first
stage
of
the
amendment
procedure
is
called
the
PROPOSAL
stage.
To
propose
an
amendment
means
to
put
it
officially
up
for
discussion.
Proposing
an
amendment
does
not
ensure
that
it
will
be
adopted
(ra;fied).
The
proposal
stage
contains
two
op;ons |
|
|
Term
|
Definition
The
proposal
stage
contains
two
op;ons.
EITHER
of
these
op;ons,
if
successfully
implemented,
will
send
a
proposed
amendment
to
the
next
stage,
that
of
RATIFICATION. |
|
|
Term
|
Definition
|
|
Term
we
should
remember
that
both
methods
of
proposing
an
amendment
have
equal
weight |
|
Definition
Thus
far,
all
of
the
27
amendments
have
been
successfully
incorporated
into
the
Cons;tu;on
have
been
proposed
in
the
same
way,
by
the
first
method
of
proposal.
This
means
that
the
second
method
of
proposing
an
amendment
has
never
been
successfully
used.
It
is
therefore,
a
rather
obscure
part
of
the
Cons;tu;on,
but
we
should
remember
that
both
methods
of
proposing
an
amendment
have
equal
weight
in
the
Cons;tu;on,
even
though
one
have
been
successfully
used
and
the
other
has
not. |
|
|
Term
ALL
of
the
27
amendments
that
are
in
the
Cons;tu;on
have
been
proposed
by
the
Congressional
method. |
|
Definition
Think
about
this
dis;nc;on.
ALL
of
the
27
amendments
that
are
in
the
Cons;tu;on
have
been
proposed
by
the
Congressional
method.
A
2/3
vote
in
each
house
is
difficult
to
achieve,
and
would
require
support
from
both
Democra;c
and
Republican
Party
members,
and
from
conserva;ves,
moderates
and
liberals. |
|
|
Term
SECOND
STAGE
of
the
amendment
procedure |
|
Definition
One
of
the
two
preceding
methods
of
proposing
an
amendment
must
be
used
before
the
amendment
enters
the
SECOND
STAGE
of
the
amendment
procedure-‐-‐that
of
RATIFICATION
of
a
proposed
amendment.
To
ra;fy
an
amendment
means
that
it
will
become
a
part
of
the
Cons;tu;on. |
|
|
Term
|
Definition
Again,
the
Cons;tu;on
provides
for
TWO
methods
by
which
an
amendment
can
be
ra;fied.
Congress
determines
which
of
the
two
ra;fica;on
methods
will
be
used.
But
both
of
the
ra;fica;on
methods
involve
the
states
in
one
way
or
another.
This
is
another
example
of
federalism
in
the
Cons;tu;on. |
|
|
Term
requires
that
state
ra;fying
conven;ons |
|
Definition
The
second
method
of
ra;fica;on
requires
that
state
ra;fying
conven;ons
be
established
in
each
state
to
consider
the
proposed
amendment.
The
state
may
determine
the
guidelines
by
which
these
state
ra;fying
conven;ons
are
set
up.
The
proposed
amendment
must
be
approved
by
3/4
of
the
state
ra;fying
conven;ons
Currently
the
“magic
number”
for
approval
by
this
method
is
38
state
raQfying
convenQons.
Only
one
amendment
has
been
ra;fied
in
this
manner.
Do
you
recall
from
your
reading
which
amendment
it
is?
If
you
know
please
let
me
know
through
the
Moodle
mail
func;on.
(Do
not
post
but
email
your
answer) |
|
|
Term
guidelines
by
which
these
state
ra;fying
conven;ons |
|
Definition
The
second
method
of
ra;fica;on
requires
that
state
ra;fying
conven;ons
be
established
in
each
state
to
consider
the
proposed
amendment.
The
state
may
determine
the
guidelines
by
which
these
state
ra;fying
conven;ons
are
set
up.
The
proposed
amendment
must
be
approved
by
3/4
of
the
state
ra;fying
conven;ons
Currently
the
“magic
number”
for
approval
by
this
method
is
38
state
raQfying
convenQons.
Only
one
amendment
has
been
ra;fied
in
this
manner.
Do
you
recall
from
your
reading
which
amendment
it
is? |
|
|
