CHAPTER 2
The Constitution
IMPORTANT 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 selfinterest 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.