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Unit Two - The Constitution

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Term
Definition
Anti-Federalists   The group that was against the signing of the Constitution  
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Federalists   A term used to describe supporters of the Constitution during ratification debates in state legislatures. Favored a strong central government.  
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Necessary and Proper Clause   Gives Congress the powers to pass all laws necessary to carry out their constitutional duties; "elastic" clause (Art. I, Sec 8, clause 18)  
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Elastic Clause   Another name for the 'Necessary and Proper Clause'  
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Legislative Branch   Article 1 of the Constitution created this branch of government, which creates laws to govern the nation (Congress)  
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Executive Branch   Article 2 of the Constitution created this branch of government, which serves to enforce the laws that govern the nation (President and Congress)  
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Judicial Branch   Article 3 of the Constitution created this branch of government, which intrepret the laws that govern the nation (Court system)  
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James Madison   'Father of the Constitution'  
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Constitution   A document which spells out the principles by which a government runs and the fundamental laws that govern a society; the U.S. version of this created the government which is in place today.  
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John Locke   1632-1704. Argued that government exists to protect "life, liberty, and property"  
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Magna Carta   "The Great Charter"; a written legal agreement signed in 1215 that was the first to limit the English monarch's power  
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Preamble   A preliminary introduction to the Constitution, explaining its purpose  
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Judicial Review   Authority given the courts to review constitutionality of acts by the executive/state/legislature; established in Marbury v. Madison  
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Amendment Process   This requires a 2/3 vote in Congress, and 3/4 of states  
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Articles (of Constitution)   This part of the Constitution sets up the structure of the U.S. government.  
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Articles of Confederation   This document, the nation's first constitution. It failed because it was too weak. The document was limited because states held most of the power, and Congress lacked the power to tax, regulate trade, or control coinage.  
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Popular Sovereignty   A belief that ultimate power resides in the people. (Consent of the governed)  
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Expressed/Delegated Powers   Powers that are stated in the Constitution which are granted only to the national government  
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Reserved Powers   Powers given to the state government alone  
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Concurrent Powers   Powers held jointly by the national and state governments.  
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Limited Government   A principle of constitutional government; a government whose powers are defined and limited by a constitution.  
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Separation of Powers   Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.  
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Checks and Balances   A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power  
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Assemble   To gather with one another in order to express views on public matters.  
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Majority Rule   A basic principle of democracy asserting that the greatest number of citizens in any political unit should select officials and determine policies.  
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1st Amendment   Amendment that dealt with freedom of religion, speech, press, assembly and petition.  
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Due Process   The fifth Amendment promises this - it means fair treatment through the judicial system: The right to a fair trial judged by an impartial jury of one's peers.  
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Double Jeopardy   This is outlawed by the fifth amendment. It means being tried twice for the same crime.  
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Cruel and Unusual Punishment   This is outlawed by the 8th Amendment  
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Declaration of Indepedence   1776 document written by Thomas Jefferson outlining reasons for the colonies to break the ties with England  
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General Welfare   The overall well-being of all the citizens of a nation  
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Bill of Rights   A statement of fundamental rights and privileges (The first ten amendments to the United States Constitution)  
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Self Incrimination   When an individual accused of a crime is made to be a witness against himself in court or before; prohibited by the Bill of Rights.  
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Eminent Domain   Allows the gov't to take property for public use but also requires the gov't to provide just compensation for that property  
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Created by: mrbayne