Vocabulary Test #1 over Chapters 1 and 2

Articles of Confederation The first governing document of the confederated

states drafted in 1777, ratified in 1781, and replaced by the present Constitution in
1789.
Annapolis Convention A convention held in September 1786 to consider
problems of trade and navigation, attended by five states and important because it
issued the call to Congress and the states for what became the Constitutional
Convention.
Bicameralism The principle of a two-house legislature.
Cabinet Advisory council for the president consisting of the heads of the
executive departments, the vice president, and a few other officials selected by the
president.
Checks and balances Constitutional grant of powers that enables each of the
three branches of government to check some acts of the others and therefore
ensure that no branch can dominate.
Confederation Constitutional arrangement in which sovereign nations or states,
by compact, create a central government but carefully limit its power and do not
give it direct authority over individuals.
Democracy Government by the people, both directly or indirectly, with free and
frequent elections.
Necessary and proper clause Clause in the Constitution that states that
Congress should have the power to make all laws necessary and proper for
carrying into execution the foregoing powers. . . . This clause is also known as the
elastic clause as is a major and significant power of Congress, granting Congress
the ability to interpret its lawmaking ability in a broad manner.
Electoral college Electoral system used in electing the president and vice
president, in which voters vote for electors pledged to cast their ballots for
particular partys candidates.
Enumerated powers The powers expressly given to Congress in the
Constitution.
Faction A term the founders used to refer to political parties and special
interests or interest groups.
Federalism Constitutional arrangement in which power is distributed between a
central government and subdivisional governments, called states in the United
States. The national and the subdivisional governments both exercise direct
authority over individuals.
Supporters of ratification of the Constitution and of a strong central government

Federalists Supporters of ratification of the Constitution and of a strong central

government. Argued for ratification of the Constitution by writing the Federalist
Papers; included Madison, Hamilton, and Jay.
Antifederalists Opponents of ratification of the Constitution and of a strong
central government, generally.
Full faith and credit clause Clause in the Constitution (Article 4, Section 1)
requiring each state to recognize the civil judgments rendered by the courts of the
other states and to accept their public records and acts as valid.
Judicial review The power of a court to refuse to enforce a law or a government
regulation that in the opinion of the judges conflicts with the U.S. Constitution or,
in a state court, the state constitution.
Marbury v. Madison - A landmark case in United States law and the basis for the
exercise of judicial review in the United States, under Article Three of the United
States Constitution. The case resulted from a petition to the Supreme Court by
William Marbury, who had been appointed as Justice of the Peace in the District of
Columbia by President John Adams shortly before leaving office, but whose
commission was not delivered as required by John Marshall, Adams's Secretary of
State. When Thomas Jefferson assumed office, he ordered the new Secretary of
State, James Madison, to withhold Marbury's and several other men's
commissions. Marbury and three others petitioned the Court to force Madison to
deliver the commission to Marbury. The Supreme Court denied Marbury's petition,
holding that the statute upon which he based his claim was unconstitutional.
Natural rights The rights of all people to dignity and worth; also called human
rights.
New Jersey Plan Proposal at the Constitutional Convention made by William
Paterson of New Jersey for a central government with a single-house legislature in
which each state would be represented equally.
Three-fifths compromise Compromise between northern and southern states at
the Constitutional Convention that three-fifths of the slave population would be
counted for determining direct taxation and representation in the House of
Representatives.
Shayss Rebellion Rebellion led by Daniel Shays of farmers in western
Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the
need for a strong national government just as the call for the Constitutional
Convention went out.
Suffrage The right to vote.
Virginia Plan Initial proposal at the Constitutional Convention made by the
Virginia delegation for a strong central government with a bicameral legislature
dominated by the big states.

Block grants These are broad state grants to states for prescribed activities
welfare, child care, education, social services, preventive health care, and health
serviceswith only a few strings attached. States have greater flexibility in
deciding how to spend block grant dollars, but when the federal funds for any
fiscal year are gone, there are no more matching federal dollars.
Categorical-formula grants Congress appropriates funds for a specific
purpose, such as school lunches or for building airports and highways. These funds
are allocated by formula and are subject to detailed federal conditions, often on a
matching basis; that is, the local government receiving the federal funds must put
up some of its own dollars. Categorical grants, in addition, provide federal
supervision to ensure that the federal dollars are spent as Congress wants.
Commerce clause The clause in the Constitution (Article 1, Section 8, Clause 1)
that gives Congress the power to regulate all business activities that cross state
lines or affect more than one state or other nations.
Cooperative federalism Stresses federalism as a system of intergovernmental
relations in delivering governmental goods and services to the people and calls for
cooperation among various levels of government.
Devolution revolution The effort to slow the growth of the federal government
by returning many functions to the states.
Dual federalism (layer cake federalism) Views the Constitution as giving a
limited list of powersprimarily foreign policy and national defenseto the
national government, leaving the rest to the sovereign states. Each level of
government is dominant within its own sphere. The Supreme Court serves as the
umpire between the national government and the states in disputes over which
level of government has responsibility for a particular activity.
Due process clause Clause in the Fifth Amendment limiting the power of the
national government; similar clause in the Fourteenth Amendment prohibiting
state governments from depriving any person of life, liberty, or property without
due process of law.
Entitlements Programs such as unemployment insurance, disaster relief, or
disability payments that provide benefits to all eligible citizens.
Equal protection clause - Clause in the Fourteenth Amendment that forbids any
state to deny to any person within its jurisdiction the equal protection of the laws.
By interpretation, the Fifth Amendment imposes the same limitation on the
national government. This clause is the major constitutional restraint on the power
of governments to discriminate against persons because of race, national origin, or
sex.
Implied powers Powers inferred from the express powers that allow Congress to
carry out its functions.

Dual federalism (layer cake federalism) Views the Constitution as giving a

limited list of powersprimarily foreign policy and national defenseto the
national government, leaving the rest to the sovereign states. Each level of
government is dominant within its own sphere. The Supreme Court serves as the
umpire between the national government and the states in disputes over which
level of government has responsibility for a particular activity.
Unfunded mandates Programs that the Federal government requires States to
implement without Federal funding.
Mandate A presidents claim of broad public support.
Marble cake federalism Conceives of federalism as a marble cake in which all
levels of government are involved in a variety of issues and programs, rather than
a layer cake, or dual federalism, with fixed divisions between layers or levels of
government.
Preemption The right of a federal law or a regulation to preclude enforcement
of a state or local law or regulation.
Social Security A combination of entitlement programs, paid for by employer
and employee taxes, that includes retirement benefits, health insurance, and
support for disabled workers and the children of deceased or disabled workers.
Unitary system Constitutional arrangement that concentrates power in a central
government.
The Federalist Essays promoting ratification of the Constitution, published
anonymously by Alexander Hamilton, John Jay, and James Madison in 1787 and
1788.
Bill of Rights- The first ten Amendments to the Constitution passed after
ratification specifically protecting individual liberties to fulfill promises made by
the Federalists to the Anti-Federalists in return for their support. A number of
prominent Americans were alarmed at the omission of individual liberties in the
proposed constitution. The Bill of Rights satisfied these critics and in 1791 became
the first ten amendments to the Constitution
Constitution-a nation's basic law creating institutions, dividing power, and
providing guarantees to citizens.
U.S. Constitution- the document where the foundations of U.S. government
are written, providing for national institutions that each have separate but
not absolute powers.
Declaration of Independence- the document used by the signers to announce
and justify the Revolutionary War and which was specifically designed to enlist the
aid of foreign nations in the revolt. the proclamation made by the second American
Continental Congress on July 4, 1776, which asserted the freedom and
independence of the 13 Colonies from Great Britain

Elastic clause- the statement in the Constitution which says that Congress has
the power to make all laws necessary and proper for carrying out its duties.
Federalist Papers-articles written to convince others to support the new
constitution. Essays written in 1787 and 1788 by James Madison, John Jay, and
Alexander Hamilton under the penname of Publius
Designed to advocate the ratification of the new constitution by the states
"An authoritative but unofficial explanation of American government by those who
created it."
Separation of powers-each branch of government would be independent of the
others.
Supremacy clause-Article VI of the Constitution states that the supreme law of
the land is the Constitution, the laws of the national government, and treaties.
Categorical grants-grants that can be used only for specific purposes or
categories of state and local spending.
Devolution- transferring responsibility for policies from the federal government to
state and local governments.
Formula grants- a type of categorical grant where states and local governments
do not apply for a grant but are given funds on the basis of a formula.
McCulloch v. Maryland- the 1819 Supreme Court case, which established the
supremacy of the national government over the states, included both enumerated
and implied powers of Congress.
Privileges and immunities- the Constitution prohibits states from discriminating
against citizens of other states.
Tenth Amendment- specifies that powers not delegated to the national
government are reserved for the state government or the people.
Unitary government- a system where all power resides in the central
government.
The Great Compromise-AKA the Connecticut Compromise:
The solution contained three important parts: Congress would be a legislature,
with a Senate and a House of Representatives.
The small states received the equal representation they desired in the Senate. The
large states won control of the House which was given important powers related to
taxing and spending.
Reserved Powers- They are not listed but include: establish and maintain schools,
Establish local governments, regulate trade, within the state, make marriage laws,
assume all other powers not delegated to the national government or prohibited to
the states

Advice and consent- is an English phrase frequently used in enacting formulae of

bills and in other legal or constitutional contexts, describing a situation in which
the executive branch of a government enacts something previously approved of by
the legislative branch. a legal expression in the United States Constitution that
allows the Senate to constrain the President's powers of appointment and treatymaking
Balanced or mixed government- implies simultaneously a distinction from its
frequent associate, the separation of powers, and a rejection of its opposite, simple
government. The case for the one involves, then, a consideration of the cases for
the other two.
Consent of the governed-In political philosophy, the phrase consent of the
governed refers to the idea that a government's legitimacy and moral right to use
state power is only justified and legal when derived from the people or society over
which that political power is exercised. This theory of consent is historically
contrasted to the divine right of kings and has often been invoked against the
legitimacy of colonialism. Article 21 of the United Nation's 1948 Universal
Declaration of Human Rights states that "The will of the people shall be the basis
of the authority of government".
Unicameralism- In government, unicameralism (Latin uni, one + camera,
chamber) is the practice of having one legislative or parliamentary chamber. Thus,
a unicameral parliament or unicameral legislature is a legislature which consists
of one chamber or house. Unicameral legislatures typically exist in small and
homogeneous unitary states, where a second chamber is considered unnecessary.
First Continental Congress- The First Continental Congress was a convention
of delegates from twelve colonies (not including Georgia) that met on September 5,
1774, at Carpenters' Hall in Philadelphia, Pennsylvania, early in the American
Revolution. It was called in response to the passage of the Coercive Acts (also
known as Intolerable Acts by the Colonial Americans) by the British
Parliament. The Intolerable Acts had punished Boston for the Boston Tea Party.
The Congress was attended by 56 members appointed by the legislatures of twelve
of the Thirteen Colonies, the exception being the Province of Georgia, which
was hoping for British assistance with Indian problems on its frontier. The
Congress met briefly to consider options, including an economic boycott of British
trade; rights and grievances; and petitioned King George III for redress of those
grievances. The Congress also called for another Continental Congress in the
event that their petition was unsuccessful in halting enforcement of the
Intolerable Acts. Their appeal to the Crown had no effect, and so the Second
Continental Congress was convened the following year to organize the defense
of the colonies at the onset of the American Revolutionary War. The delegates
also urged each colony to set up and train its own militia. The Congress had two
primary accomplishments. The first was a compact among the colonies to boycott
British goods beginning on December 1, 1774. The West Indies were threatened
with a boycott unless the islands agreed to non importation of British goods.
Imports from Britain dropped by 97 percent in 1775, compared with the previous
year. Committees of observation and inspection were to be formed in each colony
for enforcement of the Association. All of the colonial Houses of Assembly
approved the proceedings of the congress with the exception of New York and
Georgia. The second accomplishment of the Congress was to provide for a

Second Continental Congress to meet on May 10, 1775. In addition to the

colonies which had sent delegates to the First Continental Congress, the Congress
resolved on October 21, 1774 to send letters of invitation to Quebec, Saint John's
Island (now Prince Edward Island), Nova Scotia, Georgia, East Florida, and
West Florida. However, letters appear to have been sent only to Quebec (three
letters in all). None of these other colonies sent delegates to the opening of the
second Congress, though a delegation from Georgia arrived the following July.
Judicial interpretation- is a theory or mode of thought that explains how the
judiciary should interpret the law, particularly constitutional documents and
legislation (see statutory interpretation). An interpretation which results in or
supports some form of law-making role for the judiciary in interpreting the law is
sometimes pejoratively characterized as judicial activism, the opposite of which
is judicial lethargy, with judicial restraint somewhere in between. In the United
States, there are various methods of constitutional interpretation:

Textualism is when judges consult the actual language of the Constitution

first, and perhaps last, according to government scholar John E. Finn, who added
that the method has an "obvious appeal" for its simplicity but can be hampered
when the language of the Constitution itself is ambiguous.[1]

Strict constructionism is when a judge interprets the text only as it is

spoken; once a clear meaning has been established, there is no need for further
analysis, and judges should avoid drawing inferences from previous statutes or the
constitution and instead focus on exactly what was written.[2] For example, Justice
Hugo Black argued that the First Amendment's wording in reference to certain
civil rights that Congress shall make no law should mean exactly that: no law, no
exceptions, end of story, according to Black.

Founders' Intent is when judges try to gauge the intentions of the authors of
the Constitution. Problems can arise when judges try to determine which
particular Founders or Framers to consult, as well as try to determine what they
meant based on often sparse and incomplete documentation.[1]

Originalism is when judges try to apply the "original" meanings of various

constitutional provisions.[1]

Balancing happens when judges weigh one set of interests or rights against
an opposing set, typically used to make rulings in First Amendment cases. But this
approach was criticized by Supreme Court justice Felix Frankfurter who argued
that the Constitution gives no guidance about how to weigh or measure divergent
interests.[1]

Prudentialism discourages judges from setting broad rules for possible

future cases, and advises courts to play a limited role.[1]

Doctrinalism considers how various parts of the Constitution have been

"shaped by the Court's own jurisprudence", according to Finn.[1]

Precedent is when judges decide a case by looking to the decision of a

previous and similar case according to stare decisis, and finds a rule or principle
in the earlier case to guide the current case.[1]

Structuralism is a method judges use by finding the meaning of a

particular constitutional principle only by "reading it against the larger
constitutional document or context," according to Finn.[1]
Functionalism.[citation needed]
Two Treatises of Government
The Two Treatises of Government (or "Two Treatises of Government: In the
Former, The False Principles, and Foundation of Sir Robert Filmer, and His
Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The
True Original, Extent, and End of Civil Government") is a work of political
philosophy published anonymously in 1689 by John Locke. The First Treatise
attacks patriarchalism in the form of sentence-by-sentence refutation of Robert
Filmer's Patriarcha, while the Second Treatise outlines Locke's ideas for a more
civilized society based on natural rights and contract theory.
Second Treatise
In the Second Treatise Locke develops a number of notable themes. It begins with
a depiction of the state of nature, wherein individuals are under no obligation to
obey one another but are each themselves judge of what the law of nature
requires. It also covers conquest and slavery, property, representative government,
and the right of revolution.
State of nature
Locke defines the state of nature thus:
"To properly understand political power and trace its origins, we must consider the
state that all people are in naturally. That is a state of perfect freedom of acting
and disposing of their own possessions and persons as they think fit within the
bounds of the law of nature. People in this state do not have to ask permission to
act or depend on the will of others to arrange matters on their behalf. The natural
state is also one of equality in which all power and jurisdiction is reciprocal and no
one has more than another. It is evident that all human beings as creatures
belonging to the same species and rank and born indiscriminately with all the
same natural advantages and faculties are equal amongst themselves. They have
no relationship of subordination or subjection unless God (the lord and master of
them all) had clearly set one person above another and conferred on him an
undoubted right to dominion and sovereignty."[10]
The work of Thomas Hobbes made theories based upon a state of nature
popular in 17th-century England, even as most of those who employed such
arguments were deeply troubled by his absolutist conclusions. Locke's state of
nature can be seen in light of this tradition. Because there is no divinely ordained
monarch over all the world, as was argued in the First Treatise, the natural state of
mankind is anarchic. In contrast to Hobbes, who posited the state of nature as a
hypothetical possibility, Locke took great pains to show that such a state did
indeed exist. Indeed, it exists wherever there is no legitimate government.
Whereas Hobbes makes the disadvantages of the state of nature clear in his initial
description, Locke waits longer to describe it as a condition that "however free, is
full of continual dangers" (2nd Tr., 123).

While no individual in this state may tell another what to do or authoritatively

pronounce justice in a given case, men are not free to do whatever they please.
"The state of nature has a law of nature to govern it, which obliges every one: and
reason, which is that law, teaches all mankind, who will but consult it, that... no
one ought to harm another in his life, health, liberty, or possessions" (2nd Tr., 6).
The specifics of this law are unwritten, however, and so each is likely to misapply it
in his own case. Lacking any commonly recognized, impartial judge, there is no
way to correct these misapplications or to effectively restrain those who violate the
law of nature.
The law of nature is therefore ill enforced in the state of nature.
IF man in the state of nature be so free, as has been said; if he be absolute lord of
his own person and possessions, equal to the greatest, and subject to no body, why
will he part with his freedom? Why will he give up this empire, and subject himself
to the dominion and control of any other power? To which it is obvious to answer,
that though in the state of nature he hath such a right, yet the enjoyment of it is
very uncertain, and constantly exposed to the invasion of others: for all being kings
as much as he, every man his equal, and the greater part no strict observers of
equity and justice, the enjoyment of the property he has in this state is very unsafe,
very unsecure. This makes him willing to quit a condition, which, however free, is
full of fears and continual dangers: and it is not without reason, that he seeks out,
and is willing to join in society with others, who are already united, or have a mind
to unite, for the mutual preservation of their lives, liberties and estates, which I
call by the general name, property. (2nd Tr., 123)
It is to avoid the state of war that often occurs in the state of nature, and to protect
their private property that men enter into civil or political society, i.e., state of
society. It is also the state that men return to upon the dissolution of government,
i.e., under tyranny.