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CHAPTER TWO TERMS
*amendment (constitutional)
A change in, or addition to, a constitution. Amendments are
proposed by a two-thirds vote of both houses of Congress or by a
convention called by Congress at the request of two-thirds of the
state legislatures and ratified by approval of three-fourths of the
states.
*Antifederalists
Opponents to the ratification of the Constitution who valued liberty
and believed it could be protected only in a small republic. They
emphasized states’ rights and worried that the new central
government was too strong.
*Articles of Confederation
The document establishing a “league of friendship” among the
American states in 1781. The government proved too weak to rule
effectively and was replaced by the current Constitution.
Beard, Charles
A historian who argued that the Constitution was designed to protect
the economic self-interest of its framers. Beard’s view is largely
rejected by contemporary scholars.
*bill of attainder
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 I, Sections 9 and 10, of the Constitution.
*Bill of Rights
The first ten amendments of the U.S. Constitution, containing a list
of individual rights and liberties, such as freedom of speech,
religion, and the press.
*checks and balances
The power of the legislative, executive, and judicial branches of
government to block some acts by the other two branches. (See also
separation of powers.)
*coalition
Part of a theory espoused by James Madison that hypothesized that
different interests must come together to form an alliance in order
for republican government to work. He believed that alliances
formed in a large republic, unlike in a small republic, would be
moderate due to the greater variety of interests that must be
accommodated.
*Constitutional Convention
A meeting of delegates in 1787 to revise the Articles of
Confederation, which produced a totally new constitution still in use
today.
*ex post facto law
A law which makes criminal an act that was legal when it was
committed, or that increases the penalty for a crime after it has been
committed, or that changes the rules of evidence to make conviction
easier. The state legislatures and Congress are forbidden to pass
such laws by Article I, Sections 9 and 10, of the Constitution.
*faction
A term employed by James Madison to refer to interests that exist in
society, who seek their own political advantage by opposing what is
in the “permanent and aggregate interest of the whole.”
*federalism
A political system in which ultimate authority is shared between a
central government and state or regional governments.
Federalist No. 10
An essay composed by James Madison which argues that liberty is
safest in a large republic where many interests compete. Such
diversity makes tyranny by the majority more difficult since ruling
coalitions will need to be more moderate.
*Federalist papers
A series of eighty-five essays written by Alexander Hamilton, James
Madison, and John Jay that were published in New York
newspapers to convince New Yorkers to adopt the newly proposed
Constitution.
*Federalists
A term used to describe supporters of the Constitution during
ratification debates in state legislatures.
*Great Compromise
The agreement that prevented the collapse of the Constitutional
Convention because of friction between large and small states. It
reconciled their interests by awarding states equal representation in
the Senate and proportional representation in the House of
Representatives.
*judicial review
The power of courts to declare an act of Congress unconstitutional.
It is also a way of limiting the power of popular majorities.
*line-item veto
The power of an executive to veto some provisions in an
appropriations bill while approving others. The president does not
have the right to exercise a line-item veto and must approve or reject
an entire appropriations bill.
natural rights
A philosophical belief expressed in the Declaration of Independence
that certain rights are ordained by God, are discoverable in nature
and history, and are essential to human progress. The perception that
these rights were violated by Great Britain contributed to the
American Revolution.
New Jersey Plan
A plan of government proposed by William Patterson as a substitute
for the Virginia Plan in an effort to provide greater protection for the
interests of small states. It recommended that the Articles of
Confederation should be amended, not replaced, with a unicameral
Congress in which each state would have an equal vote.
*republic
The form of government intended by the Framers that operates
through a system of representation.
separation of powers
An element of the Constitution in which political power is portioned
among the branches of government to allow self-interest to check
self-interest. (See also checks and balances.)
*Shay’s Rebellion
A rebellion in 1787 by ex–Revolutionary War soldiers who feared
losing their property over indebtedness. The former soldiers
prevented courts in western Massachusetts from sitting. The
inability of the government to deal effectively with the rebellion
showed the weakness of the political system at the time and led to
support for revision of the Articles of Confederation.
*unalienable rights
Rights thought to be based on nature and providence rather than on
the preferences of people.
Virginia Plan
A plan submitted to the Constitutional Convention that proposed a
new form of government, not a mere revision of the Articles of
Confederation. The plan envisioned a much stronger national
government structured around three branches. James Madison
prepared the initial draft.
*writ of habeas corpus
A court order directing a police officer, sheriff, or warden who has a
person in custody to bring the prisoner before a judge to show
sufficient cause for his or her detention. The purpose of the order is
to prevent illegal arrests and unlawful imprisonment. Under the
Constitution, the writ cannot be suspended except during invasion or
rebellion.