Chapter 2: The Constitution

Question 0

Declaration of Independence

Answer 0

The document approved by representatives of the American colonies in 1776.

Question 1

Constitution

Answer 1

A nation’s basic law.

Question 2

Natural Rights

Answer 2

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property.

Question 3

Consent of the Governed

Answer 3

The idea that government derives its authority by sanction of the people.

Question 4

Limited Government

Answer 4

The idea that certain restrictions should be placed on government to protect natural rights of citizens.

Question 5

Articles of Confederation

Answer 5

The first constitution of the United States, adopted by Congress in 1777 and inacted in 1781.

Question 6

Shays’ Rebellion

Answer 6

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

Question 7

U.S. Constitution

Answer 7

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. Replaced Articles of Confederation.

Question 8

Factions

Answer 8

Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10.

Question 9

New Jersey Plan

Answer 9

The proposal at the Constitutional Convention that called for equal representation in each state in congress regardless of the population.

Question 10

Virginia Plan

Answer 10

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state’s share of the U.S. Population.

Question 11

Connecticut Compromise

Answer 11

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state’s share of U.S. Population, and the Senate, in which each state has two representatives.

Question 12

Writ of habeas corpus

Answer 12

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Question 13

Seperation of Powers

Answer 13

Feature of the Constitution that requires each of the three branches of government to be independent of others so that one cannot control the others.

Question 14

Checks and Balances

Answer 14

Limit the government’s power by requiring that power be balanced among the different governmental institutions.

Question 15

Republic

Answer 15

A form of government in which the people select representatives to govern them and make laws.

Question 16

Federalist a

Answer 16

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.

Question 17

Anti-Federalists

Answer 17

Opponents of the American Constitution at the time when the states were contemplating its adoption.

Question 18

Federalists Papers

Answer 18

A collection of 85 articles written by Hamilton, Jay, and Madison under the name “Publius” to defend the constitution in detail.

Question 19

Bill of Rights

Answer 19

The first ten amendments to the U.S. Constitution.

Question 20

Equal Rights Amendment

Answer 20

A constitutional amendment passed in 1972 stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

Question 21

Marbury v. Madison

Answer 21

1803 case in which Chief Justice John Marshall and his associates first asserted the right of Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress.

Question 22

Judicial Review

Answer 22

The power of courts to determine whether the acts of Congress, and by implication the executive, are in accord with the U.S. Constitution.

Question 23

Formal methods of amending the Constitution?

Answer 23

a. First Method – Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by three-fourths of the State legislatures (38 of 50)(27 adopted).
b. Second Method – Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by special conventions in three-fourths of the States (38 of 50)(Only repeal of prohibition, i.e., 21st Amendment adopted in this fashion).
c. Third Method – Amendment is proposed at a national convention when requested by two-thirds of the State legislatures (34 of 50), then ratified by three-fourths of the State legislatures (38 of 50).
d. Fourth Method – Amendment is proposed at a national convention called by Congress when requested by two-thirds of the State legislatures (34 of 50), then ratified by special conventions held in three-fourths of the States (38 of 50).

Question 24

Informal methods of amending the Constitution?

Answer 24

1) Congressional elaboration - Whenever Congress passes a law they are elaborating on the meaning of their stated powers in the Constitution. Congress’ powers are stated very broadly, so when they act exercising their powers they are giving meaning to those powers.
2) Presidential practice - The powers and role of the President are very ambiguously stated in the Constitution. When the President acts in using those powers, it expands on the meaning of the Constitution. (e.g. The Commander-in-Chief clause of he Constitution doesn’t actually SAY that the president has the authority to send troops into hostilities without a Congressional declaration of war, but Presidents since Washington have interpreted it that way and have done so).
3) Judicial interpretation - Whenever the Supreme Court is asked to interpret the Constitution it is expanding on the meaning of it. When they strike down a law as unconstitutional, for example, they are “filling in the details” of what the Constitution means.

Question 25

Three branches of government, head of each, function of each?

Answer 25

Legislative: House of Representatives. Writes and enacts laws
Executive: President. May veto laws.
Judicial: The courts. Determines which laws apply to given case.

Question 26

Checks each branch has on the others?

Answer 26

Executive: Can veto congressional legislation and can nominate judges.
Judicial: Can declare laws unconstitutional and declare presidential acts unconstitutional.
Legislative: Congress approves presidential nominations and senate confirms the president’s nominations.