Studied by 7 people
Professor Madsen
Prospectivity (Rule of Law)
law must apply to the future, not past
Generality (Rule of Law)
the law must apply to large groups of people
Due Process (Rule of Law)
laws must be administered equally
Publicity (Rule of Law)
law must be known
Consent (Rule of Law)
the law must be accepted by those who live them
Tacit Consent
utilizing other forms of government is giving consent to all laws
Auxilary Precautions
caution taken to prevent tyranny
LEJSASR
legislative branch, executive branch, judicial branch, states rights, amendments, supremacy clause, ratification
liberalism
interested in protecting life, liberty, and property (Lockian rights).
republicanism
interested in design of government.
democracy
all people decide all issues
Patrick Henry
wanted a Bill of Rights
Emmet Till
black man, whistled at a white girl, was murdered, murderers got away innocent - example of how, even with all 5 rules of law, bad things can still happen
City on a Hill Chapter 5
revolution - pragmatistic solution. Declaration of Independence - government wasn’t working, therefore, revolution.
Federalist 10
factions - ambition vs ambitionAn
Federalist 51
three branches of government - ambition vs ambition
Anti-Federalists
pro small government
Federalists
pitting people’s ambitions against each other to government advantage. big republic, so more opinions.
Rule of Law (City Upon a Hill Chapter 3)
the best law is better than the best leader
Hahari (Sapiens)
separate economy and government. government should be a referee.
Ball (A Republic If You Can Keep It)
the United States was argued into existence. Politics is the pragmatic approach to finding solutions in society.
Mandate Theory
whatever categories of social identity exist in society, Congress should mirror those categories in similar ratios (anti-federalist).
Independence Theory
congressional members should have clear principles that get them elected. In office, they should follow those principles in the face of pressure or expediency (federalist).
Filters of Consent
laws and ideas have to go through multiple groups of people
5th Amendment
Due Process 2. Double Jury 3. Grand Jury 4. Eminent Domain (government will take something, but give you money) 5. Right to Remain Silent
1st Amendment
Freedom of religion, speech, press, petition, and assembly
2nd Amendment
Right to bear arms
3rd Amendment
No forced quartering of troops
4th Amendment
No unwarranted searches and seizures
6th Amendment
Right to a jury in a criminal case and a speedy public trial
7th Amendment
Right to a jury in a civil case
8th Amendment
No cruel and unusual punishment
9th Amendment
Unnumerated powers (there’s other rights not listed here that we have)
10th Amendment
State rights
Collins
social norms and righteous anger.
Anderson
imagined communities. Horizontal chain of being vs vertical chain of being. we want to feel connected to each other - pragmatic response to feelings of uncertainty and unbelonging.
Virginia Plan
favored by large states, Edmund Randolph and James Madison, representation by population
New Jersey
favored by small states, William Patterson, representation based on equality
federalism
dividing powers between national and state governments. Designed to above else, do no harm.
Enumerated Powers
powers explicitly granted to the federal government
Toqueville
equality and freedom makes us self-absorbed. due to our self-interest , we have to come together to get things done. we form civic associations with people who think like us.
Kerber
separate spheres, pragmatism (Romer’s Rule) - get back to old ways hence women stay in the home, women teach virtue. two types of oppression: women vs men and upper class women vs working class women. Gender equality couldn’t be questioned right now because pragmatism says that too much uncertainty will kill us.
Cult of Domesticity
promotes ideas of oppression and submission. women stay in home and teach virtues.
Republican Motherhood
women have the responsibility to raise strapping young lads to be good citizens and girls to be good mothers.
Smith and Barney
federal government couldn’t trump state government back then. therefore, minorities got trampled (like the Saints). Smith says constitution is divinely inspired, but needs amendments. state sovereignty was a barrier to individual rights. 14th amendment solved this problem: established sovereignty.
Fairfax
local government is more involved in your life than federal government.
14th Amendment
citizenship for every person in the U.S., states have to follow federal Bill of Rights, federal government can interfere, equal protections clause (due process - laws administered equally despite race, etc.), generality clause (rule has to apply to everyone - Rule of Law)
Republican Party Platform
each state enters the union as a free state, no expansion of slavery westward. Homestead Act, improving free market, more jobs, more opportunities, railroads and river and harbor improvement.
South Carolina Secession Documents
mirrored the Declaration of Independence, “wrong guy got elected,” other states aren’t follow the constitution - fugitive slaves act, therefore we can secede.
Lincoln
self-government has to accept that there will be a majority and a losing side, political bonds are so binding that we fight war to avoid secession, Lincoln wasn’t going to get rid of slavery, but he wasn’t going to let South Carolina leave the Union either.
Justice Henry Billings Brown
racist who delivered the majority opinion for Plessy v Ferguson
Justice Harland
wrote the minority opinion for Plessy v Ferguson. separate and equal can’t be a thing because separate is inherently not equal.
Dred Scot v Sandford
once a slave, always a slave. WORST supreme court case EVER.
Plessy v Ferguson
the 14th amendment protects political equality, but not social equality. established the “separate but equal” doctrine to get around the 14th amendment.
Coverture
women are either overruled/representation by their father or husband
Blackstone
political view of marriage. marriage must be consensual - ties back to Locke’s social contracts. husband and wife are one person. in criminal cases, wife may be tried separately. they can’t represent each other though, since they are one person.
Divisions of Household Labor
during the second industrial revolution, work started to move outside of the house (the home used to be the center for economy, education, etc.). this left the women in the home, and her labor became less valuable monetarily.
Industrialization
the industrial revolution was successful because 1. major technological breakthroughs 2. ideology of free labor 3. national policy of industrialization (Republican Party Platform). industrialization also dramatically changed home and work life (divisions of household labor)
Note 
Flashcard (71)