Class 2- Conlaw

Upcoming Event

Guest Speaker: Elizabeth Pradogar, U.S. Solicitor General
- Date: Tuesday, (next week)
- Time: 12:30 PM - 1:30 PM
- Context: Engaging conversation with the Dean
- Importance: Insight into cases she has argued in the last four years.
- Incentive: 70% attendance will earn a pass off before spring break.

Definition: Rights inherent to individuals by virtue of humanity that cannot be violated.
Characteristics: Primordial, innate, and protected in civil society.

Concept: Individuals collectively agree to form a government to protect natural rights.
Purpose of Government: To enhance and protect individual rights that existed in a state of nature.
Implication: Government should not transgress individual rights.

Historical Context: Adopted in 1780, a foundational document that reflects ideals ofAmerican constitutionalism.
Structure: Comprised of:
- Preamble: Discusses the social compact as the basis for governance.
- Declaration of Rights: Begins with the assertion of all men being free and equal, enjoying certain natural and unalienable rights.
- Body of Constitution: Establishes institutions of government.
Rights Assertion: Clearly states that individuals have rights to life, liberty, property, safety, and happiness.

Separation of Powers: Prevents concentration of power in any one body, ensuring checks on governance.
Limited Government: Government only has authority as granted by the people; cannot act beyond this scope.

Focus: Concerns about a strong centralized government that betrays the principles of self-rule established during the revolution.
Good Community Definition: Based on small, homogenous republics where individuals directly participate in governance, enhancing civic virtue.

Representation: Madison argues for a large republic to mitigate factions, emphasizing the need for representatives to manage complex issues, rather than direct democracy.
Factions: Defines factions as groups that arise from diverse interests and disparities, contending that a larger republic allows for better representation and balances interests.

Jefferson's View: Emphasizes direct participation and civic virtue; believes in the need for a politically engaged populace.
Madison's View: Argues that a passive electorate avoids potential tyranny from factions; stresses periodic elections rather than direct democracy.

Negative Rights: Rights that require the government to abstain from interfering with individual freedoms (e.g., speech, assembly).
Positive Rights: Rights that require action from the government to provide or enforce (e.g., healthcare, education).
Civic Virtue: The idea that individuals will act for the common good, particularly in smaller, manageable communities.

Discussion Points: Considerations on the effectiveness of direct democracy and the role of civic engagement in modern governance.
Ongoing Debate: Insight into the various perspectives surrounding the adoption of the federal constitution and its implications for today’s political landscape.