...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |The Magna Carta was signed between the Barons of Medieval England and King John. The |The Magna Carta established the right of due process and provided a basis of higher law that could not | | |Great Charter was signed at Runnymeade near the Windsor Castle and was an attempt by |be altered by executive mandate or legislative acts ("Magna Carta: Cornerstone Of The U.s. | | |the Barons to prohibit the King from abusing his power over the people ("Magna |Constitution", n.d.). | | |Carta", 2000-2012).. | | | |The Magna Carta consists of 63 clauses, many of the clauses address the English legal |Magna Carta: Cornerstone of the U.S. Constitution. (n.d.). Retrieved from | | |system. It states that every man shall...
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...Influences on the Constitution Table No Name HIS 301 August 1, 2013 Professor Documents that became part of the US Constitution Magna Carta A document originally written by barons in 1215 and called the Articles of the Barons, is later modified and a formal version of the document was written and became known as Magna Carta. According to "Magna Carta" (n.d.), “In the 17th century, however, two defining acts of English legislation–the Petition of Right (1628) and the Habeas Corpus Act (1679)–referred to Clause 39, which states that "no free man shall be… imprisoned or disseised [dispossessed]… except by the lawful judgment of his peers or by the law of the land." Clause 40 ("To no one will we sell, to no one will we deny or delay right or justice")” (The Document and Its Legacy). This document would have big implications for the future of the American legal system. A specific part of this document was influenced in part of an amendment and written into the Constitution of what is known to become the Fifth Amendment of the US Constitution. The document became the basis of a higher law that could not be altered, even by legislative acts. It embraced the leaders of the American Revolution and parts of it are embedded in the US Constitution and enforced by the Supreme Court. The part of which we referring to say, “Nor shall any person be deprived...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. Documents | Summary | What was its influence on the Constitution? | Magna Carta | Issued by King John of England in 1215 when Englishmen went to the colonies they were given charters that guaranteed them and their heirs would “have and enjoy all liberties and immunities of free and natural subjects.” The document clearly stated that no free man could be prosecuted by any means other than the law of the land. ReferenceAll About History (unkn) The Magna Carta. Retrieved from http://www.archives.gov/exhibits/featured_documents/magna_carta/ on June 6, 2011. | This was used as a template 575 years later in the Bill of Rights toward the fifth amendment. The fifth amendment guarantees “No person shall… be deprived of life, liberty, or property, without due process of law.” | Mayflower Compact | Drawn up by the 41 adult males from the Mayflower, the new settlers from Plymouth created a contract with fair and equal laws, for the “general good”. The Mayflower settlers knew from previous attempts without some type of government they would fail. It allowed them to practice Protestant instead of the Church of England and other liberties without command. ReferenceFeatured Documents (unkn) The Mayflower Compact. Retrieved from http://www.allabouthistory.org/mayflower-compact.htm on June 6, 2011. | The Constitution was created on...
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...Influences on the Constitution Marlene Monarrez HIS/301 December 3, 2012 Instructor: Andrew Van Ness Influences on the Constitution Table |Documents |Summary |What was its influence on the Constitution? | |Magna Carta | Issued by King John of England in 1215 when Englishmen went to the colonies they were | The Magna Carta gave Englishmen certain human rights, | | |given charters that guaranteed them and their heirs would “have and enjoy all liberties and |freedom of religion, reform of justice system and regulated | | |immunities of free and natural subjects.” The document clearly stated that no free man could|officials. The Magna Carta limited the king’s power and created | | |be prosecuted by any means other than the law of the land. |what we know today as parliament. | | |The Magna Carta had been the very first document which proclaimed personal liberties. The | | | |Magna Carta was forced upon an English Emperor by a team of barons. This had been the first |This was used as...
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...it. . | Articles of Confederation | | | Northwest Ordinance | | | Declaration of Independence | Helped form the USA and separate from British power. The declaration of independence set up the rules for the new country | This gave the people the right to be free and to equals | Philosophers | Who was this? | How did his writings influence the Constitution? | Thomas Hobbes | Hobbes is the founding father of political philosophy(Hobbes, Thomas (1998 [1642]) On the Citizen, ed & trans Richard Tuck and Michael Silverthorne (Cambridge University Press, Cambridge) | Hobbes basically said that each individual has the right everything. | John Locke | John Locke was considered one of Britains greatest Philosphers and the father of Empiricism ( http://www.essentiallifeskills.net/johnlocke.html) | Locke's political philosophies of all men are free and equal and by nature have certain natural rights and that the people from the government not an absolute ruler were used by Jefferson in his documents(http://www.essentiallifeskills.net/johnlocke.html) | Selected patriots | Who was this? | What were his views on governmental...
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...providing temporary government for plumouth colony. | It created the first American settlement that was based upon social contract. Source: Columbia electronic encyclopedia,6th edition. 7/1/2010. | Articles of Confederation | This was an article of confederation and perpetual union between states. | Each state retains its sovereignty, freedom, and independence, and confederation expressly delegated to the united states in congress assembled. Source:”The article of confederation,2009 . November,1777. | Northwest Ordinance | This was the confederation for the government of western territories ceded to the united states by the states. | It divided the region into numerous territories. It also set the form at which subsequent western territories were created and later admitted into the union as states and marks the birth of the western expansion of the united states. Source:” ordinance of 1787. Columbia electronic encyclopedia, 6th edition,7/1/2010. | Declaration of Independence | This declare that the united colonies aere and of right ought to be free and independent states. | It brought about the freedom and absolved from all allegiance to the British crown, and that all political connection between...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. Documents | Summary | What was its influence on the Constitution? | Magna Carta | Charter drawn up in the attempts to stave off civil war against King John in 1215. The Magna Carta gave Englishmen certain human rights, freedom of religion, reform of justice system and regulated officials. The Magna Carta limited the king’s power and created what we know today as parliament. | Freedom of Religion, a maintained justice system allowing men a fair trial, freedom from oppression and unlawful persecution, that not one man should lead a nation solely, but a group of officials, and checks and balances. | Mayflower Compact | Men aboard the Mayflower bound for Northern Virginia in 1620 decided to land in what we know as Massachusetts. They signed the Mayflower Compact to enable that crew of men the right to self govern and have equal rights. | First constitution signed in The New World, organizing a local government of an elected governor and officials to regulate laws, and taxes. Basis for self government. | Articles of Confederation | With growing popularity in the ideas of independence from England, the colonies needed a way to unite them but not take away individual state/colony rights. Written in 1777 but not approved by all states until 1781. | Gave the idea of a central government while keeping most power within each...
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...uses various examples of officials like former senator Richard Lugar, former president Ronald Regan, former Speaker of the House, former senator Tip O’Neil and former senator Gabrielle Gifford, as an example of cooperative forces. Mr. Howard continues that many opportunities were taken to handle the nation’s various programs and legislation in an effectively cooperative way, and the collective tragedy of when issues are out control. Mr. Howard states that with the Internet, advertising, and news media, dirty laundry grabs the public’s attention and creates a segmented society. This creates an ineffective and difficult transfer of power in our political system. To reinforce his argument, the author uses a compilation of George Washington’s views from “Rules of Civility and Decent Behavior in Company and Conversation,” which is 110 observations made by the first American president. These observations point to operating daily with more candor and contain confrontation. In Henry Howard’s article in American Legion magazine, “A Case for Civility,” has a caption that says, “Today’s partisan rancor is nothing new. However, it is getting worse, as seen on the campaign trail, talk shows and Internet. How do we bury the hatch?” Mr. Howard’s article states that in spite of many successful examples of historical cooperation, that incivility is nothing new; there is more negatively charged polarization in American than in years past. Through talk shows, newscasts...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. Documents Summary What was its influence on the Constitution? Magna Carta Magna Carta, also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is an English charter, originally issued in Latin in the year 1215, translated into vernacular-French as early as 1219,[1] and reissued later in the 13th century in changed versions. The later versions excluded the most direct challenges to the monarch's authority that had been present in the 1215 charter. The charter first passed into law in 1225; the 1297 version, with the long title (originally in Latin) "The Great Charter of the Liberties of England, and of the Liberties of the Forest," still remains on the statute books of England and Wales. The 1215 charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today. Magna Carta was the principal document forced onto an English King by a group of his matters, the feudal barons, in an effort to limit his powers by law and protect their privileges. It was followed and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular...
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...1) Discuss how the Mont Pèlerin Conference changed America view of manufacturing and trade. First I will explain what in general the Mont Pèlerin Conference is, which economic view they represented. Moreover I want to deal with people who are allowed and why they are allowed to join this Conference and which goals they pursue. In general the Mont Pèlerin Conference depended on a meeting which was formed by Friedrich von Hayek in 1947 at Mont Pèlerin in Switzerland. He invited 36 people who followed in a strict sense of liberalism, particularly the economic liberalism. Under these people were above all, economist, but, e.g., also philosophers, historians and politicians. Under it were also some Nobel Prize Laureates in economics and peace. Most of the people were Europeans, only two reluctant Americans took part on this meeting. Surprisingly this meeting was most supported from the american free market and libertarian groups. The goal of this conference was to discuss the view and the roll of the liberalism after the Second World War. The scholars gave on the meeting to level-economic and state interventionist's broads attempts a refusal and looked at a restoration of political freedom and free market economy as an inalienable condition of a lasting future protection after the Second World War. Thus the uppermost aim of the Mont Pèlerin Conference was the creation of a free market economy, above all to free trade and and the world peace originating from it. They thought that...
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...branches of government. One reason the Federal Government’s major entitlement programs are difficult to control is the way they are designed. A second is that current budgeting process ignores long-term impacts of short-term expansions. A third is that these programs are not subject to regular review, like the other annual discretionary programs are. The means that Congress rarely evaluates the costs and effectiveness of entitlements except when it is proposing to expand them. Costs of healthcare continuing to rise, funding numerous war campaigns, and a broken tax system are all contributing to the widening deficit in the budget. It is quite clear that sacrifices must be made. The question remains: where do we begin? Background: Alexander Hamilton, the first Treasury Secretary, set up federal debt to pay off debt incurred by the Revolutionary War. Until the Great Depression in 1933, federal debt was used only to fund wars. In 1933, President Roosevelt began spending and raised the federal debt to around 40% of the GDP. From that point on, the federal debt has ranged from 122% of the GPD following WWII, to 50% of the GDP during the Cold War to the current value of 99.4% as presidential policies and goals changed (see Figure 1). During the end of the Clinton administration and through parts of the Bush administration the United States retained a budget surplus. However, from 2009 through 2012 the debt will have risen 5.3 trillion (see Figure 2). Currently our debt totals $47,664...
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...Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors Relevant to Beneficial Precedent Rules .............................................. 41 The Contrast with Other Approaches to Precedent ......................................... 44...
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...Media History Contents 1 Introduction 1.1 Mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 Issues with definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms of mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professions involving mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influence and sociology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ethical issues and criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Future . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 2 6 6 7 8 10 10 10 10 11 11 12 12 12 12 16 16 17 17 17 17 17 17 18 19 20 21 21 21 1.1.10 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.11 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.12 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.13 External links . . . . . . . . ....
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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