A HTG MIDTERM 2

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

1. 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)