Ch.+2+The+Constitution+-+Definitions,+Text+Notes,+Class+Notes+&+Connecting+Theory+to+Reality

=Ch. 2 The Constitution - Definitions, Text Notes, Class Notes & Connecting Theory to Reality= = = =Definitions (Please try to define the terms in your own words & try to insert or link a picture with each definition.)= = =
 * //Marbury// v. //Madison//**- A Supreme Court cased during John Marshall's term as Chief Justice. This landmark case, concerning one of John Adams' midnight appointments, established the idea of judicial review (see //judicial review//).
 * Judicial review-** an aspect of checks and balances that gives the judicial branch the power to review actions of the legislative and executive branches to determine their constitutionality. This idea was established with John Marshall's ruling in the case of //Marbury// v. //Madison.//
 * Ex Post Facto -** Literally meaning "after the deed". Generally in reference to laws (ex post facto laws) which make previously legal activity illegal and prosecutable in court. This is illegal under the U.S. Constitution.
 * "Necessary and proper" clause ("elastic" clause)-** A clause in the Constitution that embodies all implied powers in one phrase: "The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers." Politicians often use this clause to defend actions when their constitutionality is questioned. The key characteristic of this clause is that it is open to interpretation.
 * Virginia Plan**-Goal was to strengthen Articles of Confederation. Called for a one house legislature with each state having one vote. Congress could raise revenue from duties and postal services
 * New Jersey Plan**- Goal was to strengthen Articles of Confederation. Called for a one house legislature with each state having one vote. Congress could raise revenue from duties and postal services
 * Shays' Rebellion**- 1786 in Springfield, Massachusetts. Daniel Shays (former Revolution War Captain) and 1500 armed farmers try to prevent state courts from foreclosing on their farm mortgages by using force. A private paid force was called to stop the rebellion on Feb. 4th, 1787. Showed that a central government was needed.
 * Mercantilism** - a theory that helps a nation increase in wealth by developing sustaining industries and trade.
 * [|First Continental Congress] -** Was the first meeting hold in Philadelphia in which fifty-six delegates from every colony (except Georgia) came together and adopted an agreement against Britain's Coercive Acts.
 * [|Constitution]** - a document setting the foundations of a nation. Includes powers, limitations, and structure.
 * Separation of Powers -** Divided the powers of government between three branches. Executive, Legislative, and Judicial. Members of the House, Senate and the President are all in charge with their respected branches.
 * Checks and Balances -** A structure that allows each branch of government oversight over the others. This was enacted so that one branch does not have more power over the others.
 * Enumerated Powers** - Powers given to Congress under Article I of the Constitution. These powers include taxation, coinage of money, regulation of commerce and to provide a national defense. There are 17 powers in all.
 * Bicameral Legislature** - A legislature that consists of two houses. In the U.S., Nebraska is the only state with unicameral legislature.
 * Federalists** - A group of people who supported a strong national government. They were for the U.S. Constitution and was the first U.S. political party.
 * Federalist Papers** - A collection of 85 papers written by supporters of the Constitution including James Madison, John Jay, and Alexander Hamilton.
 * 1) 10 said that there could be many different factions but no individual one would take over because there would be so many factions they would negate each other.**???? There's a little bit missing here to fully understand #10.(Mr. Franz)**
 * 2) 51stated that no branch would be stronger than any of the others because of checks and balances and separation of powers
 * [|Declaration of Independence]-** A document that states the reasons the thirteen colonies wanted to be free from Great Britain.
 * [|Articles of Confederation] -** A pre-Constitution document that created a loose union between the states and a weak Congress.
 * Committees of Correspondence -** Were organizations created to keep communication around the colony and to coordinate reactions to displeasing English impositions.
 * [|Federal System]**- a division of power between the national and state governments and is based on the principle that power comes from the people.
 * Anti-Federalists** - a group of individuals who were against a strong national government and in favor of a federal system.
 * [|Confederation]** - A type of government in which the states give the power to the national government. A league of independent states from which the national government drives their power.
 * Bill of Rights**- a formal statement of the fundamental rights of the people of the United States, incorporated in the Constitution as Amendments 1–10, and in all state constitutions. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedom of speech, press, and religion; the people's right to bear and keep arms; the freedom of assembly; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination.




 * Implied powers-**When the United States government has powers that had not been specifically granted to it by the Constitution, those are called "implied powers." Many implied powers come from the fact that certain phrases or words in the Constitution are not specific, for example "necessary & proper."


 * Three- Fifths Compromise-** The three fifths compromise was proposed by, James Wilson at the constitutional convention of 1787 as a compromise between Southerners and Northerners over how to count slaves for the representation in the House of Representatives and for taxation. This allowed for southern slave holding states to count each of their slaves as 3/5th's of their population.


 * Concurrent Powers**- Powers and responsibilities that the Federal and state governments share, such as, the power to levy taxes, and enforce laws. If there is a situation where Federal and state policies come into conflict, the Federal one absolute. (see supremacy clause)
 * Supremacy Clause-** Article VI, Clause II of the Constitution. It says that the U.S. Constitution, all Federal laws, and treaties made with other countries are the "supreme law of the land."
 * The Great Compromise-** Constitutional Convention, 1787. An agreement between the smaller and larger states that incorporated parts of the Virginia and New Jersey plans for the new Constitution. A bicameral legislature was created with a house of representatives (delegates would be elected by the people, the number of delegates based on the population of each state) and a senate (members to be picked by the state's legislature, each state was allowed two seats despite the population).
 * Ex post facto-** A Latin term meaning "from a thing done afterward". Generally, it refers to a law that applies retroactively, meaning something that had been legal when performed originally is now criminal. The Supreme Court has held that that the prohibition of retroactive laws applies only to criminal, not civil, laws.
 * Full faith and Credit**- Issued by the US Treasury, an unconditional commitment to pay interest and principal on debt.


 * Shay's Rebellion**-in 1786, 1500 farmers with Daniel Shay in the lead, marched in Springfield, Massachusetts and forcefully restrained them from foreclosing mortgages on their farms.
 * Federal System-** National Government and State Government get their power from people.

=Text Notes & Class Notes= Ch 2(text book)

T**he Origins of a New nation** What is Mercantilism? -wealth increases from commercial trade and balance of trade. Strict control over import and export in the colonies. -What is the First Continental Congress?? ~ 56 delegates from 11 states, who met in Philadelphia in September 1774, to decide to ask the king to agree to their requests and boycott British Goods. ~September 5th through October 26th 1774 ~ Georgia was the only state that did not send delegates. -What is the Second Continental Congress?? ~ Another meeting, called because the King refused the requests. They had tried, unsuccessfully, for peace with England. This was their final plea to thing King. Then they voted to become independent from England. ~May 10, 1975 -What is the Declaration of Independence?? ~ A document written by Thomas Jefferson, outlining the reasons for the colonies' break (independence) from England. ~ Thomas Jefferson in writing the Declaration of Independence, took ideas from John Locke. John Locke wrote that the people deserved rights of life, liberty, and property. Jefferson took most of that but changed the right of property to the pursuit of happiness. ~Outlined a list of grievances which the King had caused the colonies -What were the problems under the Articles of Confederation?? ~ The National government had no power and no support ~ "lack of a strong central government" ~It was too difficult to amend. -What was Shays' Rebellion?? ~ Daniel Shays + 1500 poor farmers marched on Springfield, Mass. because of the bad economic situation. It took a long time to raise a militia with enough funds and people to stop the rebellion. What was the Virginia Plan? National government gets power from the people. Powerful central government. Three branches. Two house legislature. What was the New Jersey Plan? Strengthening articles, one house legislature, congressional powers, create supreme court with life time justices. What was the Great Compromise? Took ideas from VA and NJ plans, house of reps and senate ( two houses) Reps elected by people, members of senate elected by state legislature, division between national and and state government ( national power supreme) What are the basic principles of the Constitution? - Federalism was a prominent and debated aspect of the constitution. It basically outlined the power divide between the national and state levels - the Constitution created a strong federal government while still permitting individual states much of their own power as well. - The separation of powers into the executive, legislative and judicial branches is another basic principle. The constitution gives each branch it's own powers and independence while maintaining equality. Each branch works with the other to form the entire Constitutional government. -The separation of powers creates the need for the next basic principle: checks and balances. This process ensures that each branch remains equal and no one section has more power or control over the other in too many ways. Thus, each branch can be most successful for the country as whole through working with the other two branches. What were the differences between the Federalists and the Anti-Federalists? - The federalists were the people who supported ratification of the Constitution. ~ they also wanted a strong national government and weaker state governments. - The anti-federalists were the ones opposed to the constitution, believing that the states should hold more power rather than the federal government. What were the //Federalist// papers? - The papers were a series of 85 political papers written by John Jay, Alexander Hamilton, and James Madison. - In the papers, each writer argued their case as to why the Constitution should be ratified by the states. What is Bill of Rights? -1st ten amendments to the U.S. Constitution. They protect the right of all citizens, residents and visitors to U.S. -The bill of rights helped convince many who were borderline about signing the constitution to agree to sign it. //What are the formal methods of amending the Constitution?// - Amendments are first proposed, then ratified. 1. A 2/3 vote in both houses of Congress is necessary for the proposal of an amendment. 2. A 3/4 vote by the state legislatures in favor of the proposal leads to its ratification. =Connecting Theory to Reality= The original theory behind the connection of state and federal governments was that they would be separate. However, the federal govt gets involved in many state affairs. In the 1970s, there was a push to change the drinking age (which had originally been a state affair) and the federal government pushed strongly for a 21 year old drinking law. States remained true to their own legislature but the Federally government took matters into their own hands and when states refused, the federally government refused billions of dollars in highway funds. Today, the federal govt wants to instate No Child Left Behind but to many states, like Virginia, the benchmarks overlook the needs of students with language barriers and other gifted students. But without accepting the bill, state education will not receive the millions in financial aid. Are the ideals of the constitution still upheld? or is just the group with the most money in total control?
 * The First Attempt at Govt.: The Articles of Confederation**
 * The Miracle at Philadelphia: Writing A Constitution**
 * The U.S. Constitution**
 * The Drive for Ratification**
 * Methods of Amending the Constitution**

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