Day 7

political science june 30 2008

435

Midterm Guidelines

The constitution
preamble
articles
ammendments
right to property
right to pricavy
bill of rights
annapolis convention
philadelphia convention
virginia plan
new jersey plan
compromises:
great
Connecticut
3/5
1808
articles of confederation
declaration of independence
federation
verticle and horizontal federalism
monarchy
aristocracy
oligarchy
democracy
republic
seperation of powers
checks and balances
montesquie
paine
hobbes
locke
smith
kaynes
leviathan
wealth of nations
general theory
second treatise on government
kayneism
common sense
new deal
neoliberalism
ideology
neoconservatism
absolutism
communism
mixed economy
socialism
libertarianism
liberalism
classical liberalism
capitalism
radicalism
karl marx
tariffs
boston tea party
coercive acts
aid to the american revolutionaries
polis
institutions
politics
government
electoral college
madisonian system
judicial review
veto
final document
presidential system
parliamentary system
unitary, federal and confederal

We will go as far as the fifth chapters, focusing primarily on ideologies
also look at the ideas of modern america
chapter two
the core of our studies this semester
by the blue scantron, 50 on each side

first part terms and concepts
second part the constitution
civil liberties
bill of rights

the original constitution, the document that came out of philadelphia

the nederlands, the dutch recognized their independence, the french promised a fleet that stopped the english at yorktown

the difference between a presidential system and a parliamentary system as it relates to legislature
the difference lies i n the power that the parliament has

presidential system
1. The system has the characteristic of constitutional supremacy
2. seperation of powers and checks and balances
3. judicial review
4. Single executive

parliamentary system
1. parliamentary supremacy (no constitutional document)
2. fusion of powers (or the institutions that exercise these powers)
3. no judicial review
4. dual executive (head of state and head of government are separate individuals)

the eclectic constitution of britain
the magna carta - 1215
petition of rights
bill of rights
statutes
common law
case laws
the political culture of the people

the people of the shires would gather in the court of he king, bringing advisors from the different places
the king would impose taxes, and the chiefs' position in the court became semi-permanent

find out about oliver cromwell

the difference between those that have been knighted and those who have inherited their title
the warriors became the nobility

oddly enough, every system can be broken or manipulated; it is the nature of rules that they have no free will
how can we have an ideal society without infallible rules that can promote correct behavior

were there an aristocracy in the new world? one can assume, yes

interpretation of the law (the explanation)
people have different views regarding how laws should be explained
1. laws should be based on the original intent (the originalist view)
these people are the strict constructionists
this is the conservative ideal, preserving the ideals of the law
judicial restraint -> the judges should restrain themselves from reading their own understanding of the law, or letting the circumstances of the time influence them
2. laws should be made to suit the circumstances of the time
thought should be given to circumstance and purpose
the time of the interpretation of the law, you look at the needs and the problems of the people
there needs to be a liberal law, that people can be liberated from the peoples lives who are dead and gone
the law should address the sociological aspects of the situation
a broad interpretation should be used -> judicial activism/activist approach

the term "activist" can be applied to conservatives as well, who interpret a law to their own ends

justice is the ultimate end of a law, fairness
the law provides a connection in which everyone feels comfortable

the spirit of the law
it used to be thought that law came from providence, god, and the law was a revelation of his will, or his spirit
the letter of the law can be influenced by the prejudices of the populace

what language do you use to capture the meaning of the law that will be fair to all? how can you transcend age, time and class? as well as peoples?
when you interpret a law, you are influenced by your feelings, history and context
what is seen is fair in a comfortable setting cannot be seen as fair from the standpoint of those in need
how do you use the law to liberate every individual
powerful lawyers can do great and good things, and also terrible things

judicial review
table 2-3 -. amendments to the constitution
make sure to review this table more than once

informal methods of constitutional change
-two party system
-established as a matter of tradition, rather than constitutional
-interest groups (aarp)
-the framers for the constitution despised the party system, seeing it as divisive

judicial review
marbury vs madison
-law passed called the judiciary act 1789
this law established the writ of mandamus
order to an official to do what the law says
-> research this independently, the book only has writ of certiary

the constitution is the supreme law of the land