A HTG MIDTERM 2

law must apply to the future, not past

the law must apply to large groups of people

laws must be administered equally

law must be known

the law must be accepted by those who live them

utilizing other forms of government is giving consent to all laws

caution taken to prevent tyranny

legislative branch, executive branch, judicial branch, states rights, amendments, supremacy clause, ratification

interested in protecting life, liberty, and property (Lockian rights).

interested in design of government.

all people decide all issues

wanted a Bill of Rights

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

revolution - pragmatistic solution. Declaration of Independence - government wasn’t working, therefore, revolution.

factions - ambition vs ambitionAn

three branches of government - ambition vs ambition

pro small government

pitting people’s ambitions against each other to government advantage. big republic, so more opinions.

the best law is better than the best leader

separate economy and government. government should be a referee.

the United States was argued into existence. Politics is the pragmatic approach to finding solutions in society.

whatever categories of social identity exist in society, Congress should mirror those categories in similar ratios (anti-federalist).

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).

laws and ideas have to go through multiple groups of people

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

Freedom of religion, speech, press, petition, and assembly

Right to bear arms

No forced quartering of troops

No unwarranted searches and seizures

Right to a jury in a criminal case and a speedy public trial

Right to a jury in a civil case

No cruel and unusual punishment

Unnumerated powers (there’s other rights not listed here that we have)

State rights

social norms and righteous anger.

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.

favored by large states, Edmund Randolph and James Madison, representation by population

favored by small states, William Patterson, representation based on equality

dividing powers between national and state governments. Designed to above else, do no harm.

powers explicitly granted to the federal government

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.

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.

promotes ideas of oppression and submission. women stay in home and teach virtues.

women have the responsibility to raise strapping young lads to be good citizens and girls to be good mothers.

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.

local government is more involved in your life than federal government.

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)

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.

mirrored the Declaration of Independence, “wrong guy got elected,” other states aren’t follow the constitution - fugitive slaves act, therefore we can secede.

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.

racist who delivered the majority opinion for Plessy v Ferguson

wrote the minority opinion for Plessy v Ferguson. separate and equal can’t be a thing because separate is inherently not equal.

once a slave, always a slave. WORST supreme court case EVER.

the 14th amendment protects political equality, but not social equality. established the “separate but equal” doctrine to get around the 14th amendment.

women are either overruled/representation by their father or husband

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.

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.

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)