Term
History of the Constitution |
|
Definition
Written in 1787 but did not go into effect until it was ratified in 1788
It replaced the articles of confederation (U.S.’s 1st constitution)
The articles were ratified in 1781
The 1st state to ratify the constitution was Delaware; the last was Rhode Island
James Madison was the “father of the constitution”
James Madison and John Jay were the 1st two federalists
George Mason, a constitution delegate, was an anti-federalist
The primary aim of the Constitution was to create a strong elected government that was responsive to the will of the people
·
The Great Compromise (Connecticut Compromise)
o Senate – states had set number of representatives (2)
o House – representatives were based on population (1/40,000)
·
The federalist papers
o Pro-constitution
Written by Hamilton, Madison and John Jay
|
|
|
Term
The House of Representatives
|
|
Definition
Members based on state population
Serve two year terms
Exclusive powers:
Initiate revenue bills
Impeach officials
Max # allowed 435
|
|
|
Term
|
Definition
states have set number of representatives (2)
senators serve staggered 6 year terms
has several exclusive powers not given to the House
trying officials impeached by the house
appointment of officials
confirms or denies president appointed federal judges
the powers of the senate and house are established in 1st article of the constitution
|
|
|
Term
Bill of Rights
(1st 10 Amendments) |
|
Definition
1st amendment - freedom of speech, religion, right to petition
2nd amendment - right to keep and bear arms
3rd amendment - protection of quartering of troops
4th amendment - protection from unreasonable search and seizures
5th amendment - due process, double jeopardy, self incrimination
6th amendment - speedy, public, trial by jury; rights of the accused
7th amendment - civil trial by jury
8th amendment - prohibition of excessive bail and cruel and unusual punishment
9th amendment - unenumerated rights: protection of rights not specifically enumerated in the constitution; God given rights, natural rights
10th amendment - reserved powers: powers of the states and people; powers not delegated to US by constitution, nor prohibited by the states are reserved for the states and the people |
|
|
Term
|
Definition
favored a strong government
opposed the bill of rights
famous examples: alexander hamilton, james madison and john adams (1st federalist president) and john jay |
|
|
Term
|
Definition
view that the national government should not have more power that the states
historic example: partrick henry, john hancock and samuel adams |
|
|
Term
|
Definition
took place 1787 with intent to revise the articles of the confederation
the U.S. Constitution was developed
George Washington presided over the convention |
|
|
Term
|
Definition
Maybury petitioned the supreme courts to get Madison to deliver documents but the court denied Maybury's petition.
1st time something was issued "unconstitutional"
established judicial review |
|
|
Term
Martin v. Hunter's Lessee |
|
Definition
gave shape and substance to the constitutional balance of power between the federal government and the states |
|
|
Term
|
Definition
constitution ruled to protect right to privacy
a connecticut law outlawed the use of contraceptives |
|
|
Term
|
Definition
held that state courts are required under the 6th amendment to provide counsel for defendants that cannot afford one for themselves |
|
|
Term
|
Definition
abolished slavery in the US |
|
|
Term
|
Definition
| ensured citizens would enjoy state as well as federal rights; also abolished the 3/5ths counting of the slaves. |
|
|
Term
|
Definition
| ensures that race cannot be used as a criteria for voting |
|
|
Term
|
Definition
| prohibited the sale of alcohol in the US |
|
|
Term
|
Definition
| ensures that gender cannot be used as a criteria for voting |
|
|
Term
|
Definition
| ensures how the deaths of presidents will be handled |
|
|
Term
|
Definition
repealed the 18th amendment
aka alcohol was legal again |
|
|
Term
|
Definition
| set the limit on the # of terms a president can serve |
|
|
Term
|
Definition
| ruled that a woman's right to an aborting is determined by her current trimester |
|
|
Term
|
Definition
| ruled for a required degree of consistency when issuing the death penalty |
|
|
Term
|
Definition
| ruled that governing bakers working hours was not a legitimate exercise of police powers |
|
|
Term
Cruzan v. Missouri Department of Health |
|
Definition
| found it acceptable to require "clear and convincing evidence" to remove life support |
|
|
Term
|
Definition
| In the case of the United States government, implied powers are the powers exercised by Congress which are not explicitly given by the constitution itself but necessary and proper to execute the powers which are. |
|
|
Term
|
Definition
| Powers not granted to the national government, nor prohibited by the state are reserved to the states or people |
|
|
Term
|
Definition
Article 1: Legislative Power: the house and the senate
Section 8 – grants congress enumerated powers: taxing, spending, declaring war
Article 2: Executive Power: the president and vice president
Article 3: Judicial Power: the courts and judges |
|
|
Term
|
Definition
Article 4: States: duties the states have to each other as well as to the government; provides admission for new states and changing of state boundaries
reinforces the national gov’t’s power to resolve any disputes of authority b/w them and the states
Article 5: Amendments: describes how the constitution may be altered through amendments and ratification
(amendments have to pass through both levels of congress w/ a 2/3 vote then be ratified by the states w/ a 3/4ths vote)
Article 6: Establishes that the Constitution, debts and treaties are made in accordance w/ the supreme law of the land
Article 7: Ratification: described how many state ratifications were necessary to establish the Constitution |
|
|
Term
|
Definition
| compromise that lead to support of the ratification of the US Constitution by the federalists and anti-federalists. negotiations lead to the bill of rights, supported by the anti-federalists |
|
|
Term
|
Definition
US State district courts: hear civil and criminal cases;
Appellate Courts: intermediate federal courts; decides appeals from district courts; considered some of the most powerful and influential courts in the US
US Supreme Court: consists of the Chief Justice and 8 associate justices, life tenure, mainly an appellate court 1st decision West v. Barnes |
|
|
Term
First Continental Congress |
|
Definition
called early in the American Revolution (1774) in response to the coercive/intolerable acts
GA was the only state w/out delegates present at the convention
boycotted British trade, published a list of rights and grievances and petitioned to King George
|
|
|
Term
Second Continental Congress |
|
Definition
1775: took charge of the colonial war effort
adopted the Declaration of Independence in 1776
acted as the national government until the articles of confederation in 1781 |
|
|
Term
|
Definition
| is overridden by a 2/3 vote in each house of congress |
|
|
Term
proof beyond a reasonable doubt and probable cause |
|
Definition
beyond reasonable doubt is needed to accuse someone as being guilty
probable cause is needed to justify a search warrent |
|
|
