...that meeting was to rewrite the Articles of Confederation. There were fifty five men who were delegates, their purpose was to have the federal government strengthen. The delegates did not think that rewriting the Articles of Confederation would actually work out. Eventually they wrote the U.S. Constitution. George Washington was chosen to lead the convention. All of the delegates had to agree that every state would get one vote. They did not want anyone to know about what was going on during the convention meetings. The delegates made sure to keep everything a secret, anyone who was not a delegate were not allowed to attend any meetings. We have no written documents because they kept everything a secret of what had occurred during the meetings. The only details we have today is from a notebook that belonged to James Madison. However, James Madison is known as the “Father of the Constitution.” He had also helped write the federalist papers. At the Constitutional Convention James Madison had done a very good job. When the delegates had to decided to write the “Bill of Rights” he was against it. James Madison was afraid that the future people would just go by those ten amendments that were listed in the “Bill of Rights”. James Madison had believed in a loose interpretation of the U.S. Constitution. The Virginia Plan was one of the two opposing plans for the government. This plan basically was an outline of the federal government we have today. The Virginia plan was called...
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...Confederation and the Constitution | | | | | Shortly after Thomas Jefferson penned the Declaration of Independence in 1776, the delegates at the Second Continental Congress agreed that a new government was necessary to govern the now-independent colonies. After much debate, they drafted and adopted the Articles of Confederation in 1777. Although the Articles were not officially ratified until 1781, they served as the actual constitution until that time. Under the authority of the Articles, the states created a national Congress comprised of annually elected delegates from all thirteen states. Each state had one vote in Congress, and, in most cases, decisions were made based on majority rule. The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles...
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...Bill of Rights and Amendments HIS/301 September 12, 2011 Professor James Newman Bill of Rights and Amendments The Constitution became ratified and the supreme law of the land September 17, 1787. Our forefathers understood that the possibility of changes may need to occur to this document to continue to grow with the expanding nation. The act of amending is the way the founders have set up to create any possible changes Americans feel need to be made. Without these changes the nation inhibits itself, and remains in the context of a black and white document. In a nation of unique individuals change is constant and what keeps this country thriving. This paper will continue to discuss how and why amendments become part of the Constitution, what problems with the original document motivates the adoption of the Bill of Rights, the effects of the Bill of Rights, what problems or changes in society led to Amendments XIII through XV, and the effects of these later Amendments. Amendments: The Why and How The United States of America is a country constantly growing and filled with different ideas of change. For the United States to keep up with the constant change, they must be able to add amendments. For example slavery and women’s right to vote, both added in later generations because the normal perception of these individuals had changed. If the amending process had not been created people of such high power would not exist today. For example, President Obama,...
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...University of Phoenix Material Influences on the Constitution Table Complete each section below. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |Written in 1215, the document was a series of written promises |The magna carta served as the first piece of legislature attempting to keep the | | |that the King would rule England and deal with the people |rights for the people fair. The Americans saw it and read about it and decided it | | |fairly according to feudal law. It was an attempt by the barons|was time America had “higher law” ideas and design a document to give the people | | |to stop the king from becoming an oppressor more than a ruler. |rights and to protect them from oppression, such as the people during the time of | | | |the magna carta were suffering. | |Mayflower Compact |The mayflower compact served as the document needed to keep the|Much like the magna carta, the mayflower compact was put into...
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...Results d) Shays Rebellion IV) Constitution a) 4 key debates B) Specific terms of the articles (about the national govt.) • Unicameral legislature • No power to tax • No power to raise army • No executive branch (could make laws but not enforce them) • No judicial branch • Unanimous vote needed to change Articles C) General results of the Articles • Weak and incomplete national govt. • Economic chaos o States fund the war by borrowing money from federal govt. o Govt. wants the money back o Economy dries up and leads to a “trade war” with competing interest o States taxes their own citizens since they can’t borrow money o People (mostly farmers) lose their possessions and property since they can’t pay taxes o Damages the economy even more since farm family is out of work • No sufficient national defense o Enemy 1 the British o French and the Spanish also potential threats o Native Indian tribes also potential threat • States are left largely on their own (13 separate states, no unity) D) Shay’s Rebellion 4 Key debates 1. Representation of the states (large population vs. small population) o States might be equal but not for individuals o Creates a Bicameral Legislation (2 houses) 1. Senate 2. House of reps (representation based on population) which is known as “the great compromise” o Defensive compromise; better at not getting stuff done than getting stuff done. 2. Slavery (north vs. south) • In the constitution, Slavery is OK • Importation of...
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...He was elected at age 29 and gave the Stamp Act Speech just ten days after being elected. He was very outspoken dissident of the Stamp Act and the Townshend Act. He formulated three conclusions and four resolutions of the Stamp Act. The House of Burgesses kept five of his seven resolutions. His use of rhetoric worked well with his audience as a public speaker. “No taxation without representation”, an excerpt from his speech, became a very well known statement. Patrick Henry fought for the political rights of Americans. He wanted his family to have inheritances, so he moved the family to Scotchtown and had a farm using slave labor. He was truly concerned with the mental health of his wife, who had severe depression, but he continued to voice the concerns of the people. The first Continental Congress was held in 1774. Patrick Henry was one of seven elected to go to this meeting. Adams and Henry decided that war was inevitable. A second meeting was called in 1775 where one hundred-twenty delegates from the colony met. Washington, Jefferson...
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... -- James Madison[1] INTRODUCTION A written constitution is a reminder that governments can be unreasonable and unjust. By guaranteeing that "[a] well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed," the Second Amendment to the United States Constitution provides the citizens a means of protection against the unjust excesses of government.[2] The Framers placed this guarantee in the Bill of Rights because they considered the right to keep and bear arms peculiarly important and also uniquely vulnerable to infringement. The Amendment's command protects individuals against even popular conceptions of the public good. In addition to this protection within the United States Constitution,[3] the constitutions of forty-three states guarantee the right to keep and bear arms.[4] Despite the constitutional authority for this right, legislators and judges have consistently attempted to devalue it. Methods such as giving misleading labels to select firearms like "assault weapons"[5] or "Saturday Night Specials"[6] have been used to justify incremental disarmament.[7] American jurisprudence has deliberately devalued the right to keep and bear arms by disingenuously interpreting the right so as to effect a gradual change in American culture. To this end, for example, the Seventh Circuit has already upheld a civilian handgun ban by dismissing an historical analysis of the Constitution: "The debate...
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...The Constitution of the United States by James Madison, Alexander Hamilton, Benjamin Franklin, George Washington and 35 others With a Side-by-Side Translation in Simple English by ELizabeth Claire, MA TESOL Editor, Easy English NEWS The Constitution in Simple English ©2010 Elizabeth Claire, Inc. 1 A Note from Elizabeth Claire Thank you for your interest in the Constitution. It is the foundation for the government of the United States. The Constitution was written in 1787. This was four years after the U.S. signed a peace treaty with Great Britain. This peace treaty gave the thirteen British colonies their independence. They formed a new country, the United States of America. The men who wrote the Constitution are called our “Founding Fathers.” Some of them were: George Washington, James Madison, Alexander Hamilton, Gouveneur Morris, and Benjamin Franklin. The Founding Fathers took ideas from many places. They took parts from their state constitutions. They took parts of Britain’s Magna Carta. They studied the governments of ancient Greece and Rome. They got ideas from philosophers such as Thomas Hobbes, John Locke, Charles de Montesquieu and Thomas Paine. They used some ideas from Iroquois Indians union of tribes. Cover painting; “The Signing of the Constitution” by Chandler Howard Christie hangs in the House of representatives...Courtesy TeachingAmericanHistory.com 2 The Constitution in Simple English ©2010 Elizabeth Claire, Inc Fifty-five delegates...
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...rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with problem of how to reconcile constitutionalism and democracy ...
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...will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities...
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...already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out of three components: (a) judicial power; (b) civil jury trial; (c) law‐equity ; 2) Written Constitution and Bill of Rights; judicial...
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...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....
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...purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies iii. How do we protect our product IP iv. Are we dealing with the right person Agency v. What happens if we have a dispute...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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...extremely diverse, and it is home to a wide variety of wildlife. Paleo-indians migrated from Asia to what is now the US mainland around 15,000 years ago,[13] with European colonization beginning in the 16th century. The United States emerged from 13 British colonies located along the Atlantic seaboard. Disputes between Great Britain and these colonies led to the American Revolution. On July 4, 1776, delegates from the 13 colonies unanimously issued the Declaration of Independence. The ensuing war ended in 1783 with the recognition of independence of the United States from the Kingdom of Great Britain, and was the first successful war of independence against a European colonial empire.[14][15] The current Constitution was adopted on September 17, 1787. The first 10 amendments, collectively named the Bill of Rights, were ratified in 1791 and guarantee many fundamental civil rights and...
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