Govt 200 final
Terms in this set (42)
-what is the general definition of English Common law?
-In this regard, what is meant by "law of nature"
- 1. Divine Law (Special Revelation) as revealed in scriptures
- 2. Law of Nature as reasoned from creation (General Revelation)
General Revelation inherent within the created order, and confirmed and augmented by special revelation, or the Scriptures
Sir Edwin Coke represents one of the most authoritative British legal minds on the English Common Law. How did he define what is considered to be a very controversial phrase "Law of Nature"?
Law of Nature is linked to moral law, the Law of Moses, Paul's commentary in the Book of Romans, and English Common Law in the seventh part of his Reports (1608) Law of nature is that which God at the time of creation he infused into man's heart
Anglo/American Jurisprudence rests on what is referred to as the English "Charters of Liberty." What are these documents (names) along with their dates? In other words, be able to identify them with their correct dates.
1. Magna Carta (1215)
2. Petition of Right (1628)
3. English Bill of Rights (1689)
What is the relationship between these "Charters of Liberty" and U.S. constitutional history?
Rights Associated with Magna Carta (1215)
•Protection against unlawful seizures (Amendment IV)
•Right of Due Process (Amendment V)
•Right of Trial by Jury (Amendment VI)
Rights Associated with Petition of Right (1628): Carried along seas to now America
•Right to Life and Liberty: The requirement for courts to issue a writ of habeas corpus, thus protecting subjects against arbitrary and unlawful imprisonments. (Article 1, Section 9, Cl. 2)
•Right to Property: Protection against the Quartering of Troops in Private Homes. (Amendment III)
•Right to Due Process: Civilians cannot be tried in Military Tribunals or Courts-Martial. (Amendment V)
•Right to Property: No Taxation without Representative Consent. (Article 1, Section 7)
Rights Associated with English Bill of Rights (1689)
•The Right of Petition (Amendment 1)
•The Right to Bear Arms (Amendment 2)
-What is the significance of Sir William Blackstone relative to Anglo-American jurisprudence?
-What famous legal volumes did he write?
-America premier source of Law, fundamental constitutional place of the charters of liberty
-Commentaries on the Laws of England (1765-1769)
First Virginia Charter
(1606)- English Liberties or Rights of Englishman are conveyed across the Atlantic and established for the first permanent English colony in North America. These rights become part of the chartered liberties of every English Colony
the Mayflower (Combination) Compact
(1620)- America's first political covenant written by English Separatists during their voyage to Virginia. It embodies a doctrine of consent, covenant, and local self-government.
the Fundamental Orders of Connecticut
(1639)- Created the first Federated Republic in America
the Massachusetts Body of Liberties
(1641)- First legal code of New England to incorporate English Common Law (Magna Carta) and Puritan Theology. Also contains Old Testament Law
the Northwest Ordinance
a.First legislative enactment by the Articles of Confederation Congress.
b.Established rights for territories
c.Set forth the method by which the government of the territory was transferred from the hands of Congress to sovereign states organized on a republican basis by the settlers of the territory.
Though the first colonial endeavors of Sir Humphrey Gilbert and Sir Walter Raleigh failed in their attempts to plant settled British Colonies, these expeditions were, nevertheless, significant for British/American Colonization. What is the significance of these expeditions relative to Colonial American British Charters
Transfer the charters
-Who originally crafted the first drafts of the Declaration of Independence
-With this, what is the significance of 'Congress' in its title
-Who further altered and ratified the document
The committee of five
1.Thomas Jefferson drafted
2.John Adams revised
-Shows Britain they no longer had control over the colonies against parliament.
-Second Continental Congress
What is the significance of the Declaration of Independence relative to the American Constitutional Order and System?
It's a legal charter for the United States, established new nation, justified legal authority from England, new doctrine of the lower magistrate
Be able to identify the civil principle clearly enunciated in the Declaration of Independence known as the "Doctrine of the Lower Magistrate." In this regard, you will need to refresh yourself on the role of the Continental Congresses.
Corrects the king (upper magistrate); legal approach vindication to tyranny
What is meant by the phrase "Laws of Nature and Nature's God," as America's legal claim for separation from Great Britain and located in the preamble to the Declaration of Independence
God's right to separate.
You will be required to read certain portions of the Declaration of Independence to tease out its civil principles. In this regard, be able to identify the 'justification for legal authority' to separate from Britain, which represents the legal claim made by the representatives. With this, how can we be certain that the Declaration of Independence is not a "deistic document" textually?
In the document itself, they call on "God as a witness", Laws of Nature
Three-fourths of the Declaration of Independence is devoted to enumerating twenty-eight charges against King George III. Twenty-four of these charges were originally located in State Constitutions. These grievances also depict violations in relation to what?
Violations of the English Constitution and the rights of Englishmen.
Does the Declaration of Independence delineate an express of structure of government, or a prerogative of power, and hence, representative of a Constitution?
No the Declaration of Independence is not a constitution
What is the difference between the engrossment of the Declaration of Independence and the Dunlop Edition?
Dunlop is a copy. Signatures are on Dec. of In. not Dunlop
When did the United States become a sovereign nation?
July 4th, 1776
Where is the engrossment of the Declaration of Independence housed
Rotunda at NARA (National Archives and Records Administration)
What was the nature of the civil arrangement of the Articles government? In other words, was it national, confederal, or federal
What led to the move towards the Constitutional Convention of 1787?
Weakness of the Articles of Confederation.
Make certain you are able to identify the correct dates relative to the adoption of the Declaration of Independence as well as the ratification of the Articles of Confederation, and the adoption of the U.S. Constitution by the Constitutional Convention
a.Declaration of Independence-July 4th, 1776
b.Articles of Confederation- November 15, 1777
c.US Constitution- September 17, 1787
Be able to identify the nature of the deliberations during the constitutional convention. In other words, what was the main concern in regards to forming a new national civil structure?
Where would the sovereignty lie, National or State?
-What is the nature of the civil arrangement of the U.S. Constitution? In other words, was it national, confederal, or federal?
-What is the nature of federalism
-Defused power and Limited authority
Who drafted the U.S. Constitution?
Connecticut strong National and State
Who ratified the U.S. Constitution
The states 9/13 NH was last.
What is the significance of the Federalist Papers (1787-1788)?
Commentary on the constitution from the people who wrote it; eighty-five separate papers which represent the authoritative analysis and interpretation of the U.S. Constitution, as well as American political philosophy. Madison, Hamilton, John jay
What represents the philosophical nature of the U.S. Constitution?
Limited civil government to ensure ordered liberty.
Be able to identify the definition of a republic which the U.S. Constitution embodies
Rule of Law via representatives. Absolute sovereignty lies nowhere in civil government; it lies with the people.
Be able to identify the proper definition of federalism
Divided authority and diffused powers
What is the law of the nature of the power of the legislative, executive, and judicial branches which the U.S. Constitution assumes to be true? In other words, what is the function of each of these branches? What Constitutional Articles identify the nature of these powers?
Article 1, Legislative: to craft laws
Article 2, Executive: to enforce them
Article 3, Judicial: relates to judgments/interpret
6.Be able to identify the federal nature of the U.S. Constitution, or its mechanics and structure. In this regard, you will be asked to identify Federalism in light of divided authority and diffused power through a tripartite system of checks and balances. With this, do not neglect the place of checks and balances and separation of powers as part of Federalism - know these categories as well
Federal in nature, which is the division of authority and the diffusion of power in two directions, as well as Republican in form, which indicates rule of law via representatives. The US Constitution represents a Federal-Republic, (a very extended republic) which presumes that absolute sovereignty lies nowhere in government; not at the national, state, or local levels. Designed to keep govt in check through regulations.
What are the four kinds of power associated with the U.S. Constitution? What is the definition of each?
1. Enuumerated Power- Relates specifically to a particular delegation or accounting, crediting of power or vestment. It is also a point by point listing of specified powers.
2. Implied Power/Incidental Powers- Relates specifically to the substance or essence of the enumerated powers, or construction of law when not specifically addressed in the language of the Constitution itself. Also relates to necessity commensurate with ends or objects.
3.Concurrent Power- These are powers possessed by both the national and state governments. Some examples are the powers to tax, to maintain and establish courts, regulate commerce, etc. States operate under their own Constitutions. Remember, some powers are denied to both!
4.Residual/Reserved Power- The States and the people retain all powers not expressly delegated to the National Government, or prohibited to them by the Constitution. The IX and X Amendments relate to this power. Residual powers are discussed in Federalist 32.
What is the significance of Amendments IX and X of the Bill of Rights to the U.S. Constitution?
(1.) Amendment IX: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
- This Amendment provides a rule of construction governing all the preceding Articles.
(2.) Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.
- This Amendment is a logical extension of the Ninth, and affirms the rule of construction regarding the Constitution.
Why are people best governed by a diversity of power as opposed to a unity of power
What is the significance of Elliot's Debates
States debates on the ratification on the constitution
Be able to identify some of the principal instruments of checking and balancing outlined in the U.S. Constitution
Regulations, Veto, Impeachment, Nominations
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