...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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...Primary Source Paper 2 Identify and Summarize The Constitutional Convention’s Debates on Slavery took place in 1787 and was reported by James Madison. James Madison was a white male born in Virginia and was the leading delegate for his state of Virginia in the Constitutional Convention’s Debates on Slavery. He also became the chief recorder of information because he took an abundance of detailed notes. The notes that James Madison took during the Debates on Slavery were published right after the convention concluded. It was published for the public to view in the thirteen states, even though Rhode Island did not have a representative at the convention. It was the public who pushed for the delegates to meet in Philadelphia to revise the Articles...
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...government. They started governing a new nation be writing the Articles of Confederation. Delegates met at the Constitutional Convention to discuss the Constitution. The Constitution was debated because it had no Bill of Rights. Governing a new nation the Constitutional Convention and debating the Constitution was how the US overcame the Articles of Confederation and formed a government. When governing a new nation, the US wrote new state Constitutions, the Articles of Confederation and divided land. Eleven out of thirteen states wrote new state Constitutions. State Constitutions avoided the same problems they had with the British. They limited the power of the central government and the governor. The Articles of Confederation was written in 1777. The states were given power. The Congress could make laws, coin/borrow money, build roads and post offices, deal with foreign nations and declare war. Congress could not regulate trade, collect taxes and enforce laws. The states did not want to give lands to the government. Disputes over land slowed ratification of the Articles of Confederation. The land ordinance of 1785 broke land into six-square mile townships. The land ordinance of 1787 banned slavery and set up a three-step process for state hood. Governing a new nation led to compromises at the Constitutional Convention. The compromise of the constitutional convention caused the Great Compromise, a representative government and the three-fifths compromise. The House of Representatives...
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...The Articles of Confederation was our countries first Constitution. It was a black and white agreement drafted by the Second Continental Congress. It was agreed upon and signed by the thirteen colonies in 1781. The Articles were mainly aimed at the state governments. The Articles had many weaknesses, but it also accomplished many things. The Articles of Confederation were able to keep the state together until the Constitution was written. I was because of the Articles that the Revolutionary war was ended with Great Britain. Many states gave up their claims to land west of the Appalachians. This land was given to the government. It helped to create a feeling of national security. Under the Articles, congress enacted laws to organize these territories and to admit as new states, with the same footing as the other states. Although the Articles of Confederation had it strengths, it had many weaknesses. The Articles were too weak to create and effective government. There was not executive department to carry out and enforce the acts of congress. The Articles had no national court system to interpret the meaning of the new laws. To make changes to the Articles every state had to agree. If one state didn’t agree no changes were able to be made. Nine out of thirteen states had to approve any major changes in the law before it was passed. With the weak central government, each state was allowed to create its own foreign policies and create its own money, however it...
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...The Constitutional Convention was assembled in Philadelphia in 1787 to discuss and revise the Articles of Confederation. Fifty-five delegates, including James Madison and George Mason, were compiled from several states and the meeting was supervised by George Washington. During this assembly, two different plans of action were set forth to improve upon the existing government: the Virginia Plan and the New Jersey Plan. After the proposals of the Virginia and New Jersey plans, the Constitutional Convention was forced to settle on the Great Compromise in order to end disputes between the states and maintain independence for both the national government and the states. The Virginia Plan was authored by the Virginian delegates, including James Madison. It departed from the government system created by the Articles and gave states power while still holding up the federal government as the supreme authority. It was composed of a single executive with two houses (an upper and a lower) as well as a new court system. Representation of the states was based on state population. The authors of the Virginia Plan believed that the delegates would prefer a general grant of authority to a long list of enumerated representatives. The Virginia Plan was fought against by representatives from the small states and a new solution was created to...
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...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, he is the first African American to hold office. If he did not receive the same rights as every other individual, the nation would not be able to share in the growth. To right their wrongs they had to go back and amend the original document. “The authority to amend the Constitution of the United States of America is derived from Article V of the Constitution” (National Archive and Record...
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...Bill of Rights and Amendments Bill of Rights and Amendments The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives...
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...independence from Great Britain, they spent their early years governed by the Articles of Confederation( weatherman) . The Constitutional Convention was A meeting with delegates from every state except Rhode island to discuss problems of the weak government and also the Articles of Confederation. In 1787 the Constitutional convention held a meeting to discuss...
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...The Philadelphia Convention 1787 The Philadelphia Convention, congregated in May 1787, ending on September 17 with the signing of the Constitution, generated a powerful national government with broad powers of taxation, military defense, and authority to make laws. The first Constitution of the United States of America laid down by the Philadelphia Convention was to become the supreme law of the land. After the Revolutionary War, the country was confronted with debts, taxes, tariffs, military weakness and slavery issues. The Government was limited in its capacity to handle debts and expenses: no authority to tax the states and the people and no means to raise money in order to repay the war debts. A revision of the Articles of Confederation was required. Hence a Constitutional Convention was called in Philadelphia in May 1787 and continued through the hot Philadelphia summer for sixteen weeks until September, for the sole purpose of revising the Articles of Confederation. Fifty-five delegates representing 13 states gathered, while Rhode Island refused to send a delegate. The delegates debated in secrecy, behind closed windows and curtains, slowly working out their disagreement by debating how much power should be given to the national government and how should this power be allocated. Rather than revising the Articles of Confederation, they devised a scheme for a powerful national government. Several plans were presented, but two of them stood out. James Madison introduced...
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...set laws, to appoint taxes according to the population, grant one vote per state, and give rights to the federal government to dispose of the public lands in the west. The constitution was needed when there appeared to be a problem with the Articles of Confederation. The Constitutional convention was held in Philadelphia. It was from May to September of 1787. Of all the states 12 of the 13 delegates appeared at the convention. The only one not in attendance was Rhode Island. Some important people who attended the convention were George Washington, James Madison, Benjamin Franklin, Alexander Hamilton and George Mason. Each one of them had a very important role in the signing of the...
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...Kate McTigue United States History Dr. Haus 11/12/14 Performance Task 2 Slavery has been present in not only America but in countries all across the world. Slavery was a common practice, which was never contested until right after the American Revolution. Slavery is a term that can be described as a form of using men, women, and children for labor; being treated as property not as an actual being. Many people fought for the abolishment of slavery, the 13th Amendment which officially abolished slavery, and involuntary servitude was ratified on December 6th 1865. One problem with the implementation of abolishment of slavery was that many people who were involved in the Constitutional Convention owned slaves. It is estimated that around 25 out of 55 delegates owned slaves. Abolishment of slavery struggled to have followed through due to large plantations, members of power owning slaves including Thomas Jefferson, and a large slave increase due to master-slave relationship....
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...went to the Constitutional Convention in Philadelphia in 1789. George Washington and some other politicians from Virginia started working on a new form of government . Edmund Randolph and James Madison came up with the idea of the Virginia Plan that set the layout for a government that they saw better fit. It was made of three branches which are the , legislative, executive, and judicial. The legislative branch would be made up of two houses but this is a little different then what we have today...
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...in late 18th-century Great Britain. Children had formerly been apprenticed (see apprenticeship) or had worked in the family, but in the factory their employment soon constituted virtual slavery, especially among British orphans. This was mitigated by acts of Parliament in 1802 and later. Similar legislation followed on the European Continent as countries became industrialized. Although most European nations had child labor laws by 1940, the material requirements necessary during World War II brought many children back into the labor market. Legislation concerning child labor in other than industrial pursuits, e.g., in agriculture, has lagged. In the Eastern and Midwestern United States, child labor became a recognized problem after the Civil War, and in the South after 1910. Congressional child labor laws were declared unconstitutional by the Supreme Court in 1918 and 1922. A constitutional amendment was passed in Congress in 1924 but was not approved by enough states. The First Labor Standards Act of 1938 set a minimum age limit of 18 for occupations designated hazardous, 16 for employment during school hours for companies engaged in interstate commerce, and 14 for employment outside school hours in nonmanufacturing companies. In 1941 The Supreme Court ruled that Congress had the constitutional authority to pass this act. Nearly all member nations of the International Labor Organization (ILO) regulate the employment of children in industry, and most also regulate commercial...
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...delegates convened in Philadelphia for the Constitutional Convention in 1787 to reform the Articles of Confederation. The fundamental issue at stake was the apportioning of legislative control under the new government. The Virginia Plan, favored by the large states, offered a bicameral legislature having representation proportional to each state’s population. The plan was repudiated by smaller states in support of the New Jersey Plan as it provided for the retention of equal membership in Congress established under the Articles. Oliver Ellsworth and Roger Sherman, both of Connecticut, and their allies understood that “proportional representation would sharply reduce the weight their states enjoyed in national politics” (Rakove, 1987). Even though both plans included provisions for an executive and judiciary branch of government, neither side of the opposing states would yield over the issue of representation. Concessions over the institution of slavery were also sought at the Convention. In protecting their interests in the new government, the Southern...
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...respective quizzes Native Americans (Read this for quiz 1) “ The First Americans” (Not a link…go to the assigned website) European Society (Read this for quiz 1) Colonial Era/Exploration and Discovery The Significance of 1492 European Commercial and Financial Expansion Slavery and Spanish Colonization The Meaning of America The Black Legend Colonial Era/17th Century (Read below for quiz 1) European Colonization North of Mexico Spanish Colonization English Settlement Colonial Era/17 century (Read below for quiz 2) English Colonization Begins Life in Early Virginia Slavery Takes Root in Colonial Virginia Founding New England The Puritans The Puritan Idea of the Covenant Regional Contrasts Dimensions of Change in Colonial New England The Salem Witch Scare Slavery in the Colonial North Struggles for Power in Colonial America Diversity in Colonial America The Middle Colonies: New York Fear of Slave Revolts The Middle Colonies: William Penn’s Holy Commonwealth The Southernmost Colonies: The Carolinas and Georgia Colonial Administration (Read below for quiz 2) No readings th Road to Revolution (Read for quiz 3) Colonial America/18th Century The The The The The The Emergence of New Ideas about Personal Liberties and Constitutional Rights Great Awakening Seven Years’ War Rise of Antislavery Sentiment Fate of Native Americans Road to Revolution American Revolution (Read for quiz 3) Entire Chapter on American Revolution Introduction Why should we care about the American Revolution? Why did the...
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