...the American government turning into something similar. The Constitution could’ve ended their fear or heightened it. The Federalist and Anti-Federalist papers were fundamental to ratifying the Constitution because they reminded people of the corruption they had endured and it led to the Bill of Rights despite having more difficult and uncommonly used language. The Federalist and Anti-Federalists had strong arguments for each of their arguments. Both sides claimed that people will pretend to be something they’re not to get the vote...
Words: 542 - Pages: 3
...political system in which local units of government and a national government make final decisions with respect to at least some governmental activities and whose existence is specially protected; both local and national forms of government have their own sovereign powers and some powers that overlap, thus making the two share authority. 1. The United States, Canada, Australia, India, Germany, and Switzerland have federal systems. 2. France, Great Britain, Italy, and Sweden have unitary systems in which the national government can abolish local governments at will and have the final say in all important gov’t matters. 3. Federalism works in practice due to the people; the USSR technically had a “federalist” gov’t, but in reality, the Kremlin controlled the “states.” 1. It takes the commitment of the people to support a slightly independent local gov’t and the same desire from the Congressmen to allow local governments to exist. 4. The national government, while owning sweeping powers, actually exercises most of those powers through state, county, and city governments. 4. To some, federalism means allowing states to block actions, prevent progress, upset national plans, protect powerful local...
Words: 2886 - Pages: 12
...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series 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...
Words: 28150 - Pages: 113
...The Debate Over Gun Control Gun Control, a term that refers to the management of firearms in an effort to reduce the criminal use of these weapons. (MICROSOFT (R) ENCARTA 1995) In the year 2004 there were more than 210 million privately owned guns in the United States, which makes it plain to see why there are arguments for and against even the smallest amount of gun control. The Second Admendment to the Constitution of the United States, guarantees “the right of the people to keep and bear Arms shall not be infringed.” In the 1930s a law passed by the federal government that required people wishing to own or possess a fully automatic or sawed-off barrel firearm to pay a $200 registration fee. This law was amended in 1986 to ban the manufacture of fully automatic firearms. (MICROSOFT (R) ENCARTA 1995) Some of the U.S. cities, such as Washington D.C., Chicago, and New York City, place restrictions on handgun ownership. A few cities across the U.S. have banned handguns entirely. A federal law restricts handgun amuntion capable of piercing body armor, and also requires that guns with plastic parts to contain enough enough metal in the gun to be detectable amount of metal. Law enforcement groups are among the most influential supports for a stricter gun control laws. Efforts to pass national gun control laws have met fierce opposition from gun lobbiest. However in 1993, after a seven year battle, the congress of the United States passed the Brady bill, which...
Words: 3742 - Pages: 15
...THE DEBATE OVER GUN CONTROL By: Brad Hales ITT-TECH Bessemer, Al. EN 1320 J. Henderson March 9, 2013 Gun Control, a term that refers to the management of firearms in an effort to reduce the criminal use of these weapons. (MICROSOFT (R) ENCARTA 1995) In the year 2004 there were more than 210 million privately owned guns in the United States, which makes it plain to see why there are arguments for and against even the smallest amount of gun control. The Second Amendment to the Constitution of the United States guarantees “the right of the people to keep and bear Arms shall not be infringed.” In the 1930s a law passed by the federal government that required people wishing to own or possess a fully automatic or sawed-off barrel firearm to pay a $200 registration fee. This law was amended in 1986 to ban the manufacture of fully automatic firearms. (MICROSOFT (R) ENCARTA 1995) Some of the U.S. cities, such as Washington D.C., Chicago, and New York City, place restrictions on handgun ownership. A few cities across the U.S. Have handguns banned entirely. A federal law restricts handgun ammunition capable of piercing body armor, and also requires that guns with plastic parts to contain enough metal in the gun to be detectable amount of metal. Law enforcement groups are among the most influential supports for a stricter gun control laws. Efforts to pass national gun control laws have met fierce opposition from gun lobbyist. However in 1993, after a seven...
Words: 3849 - Pages: 16
...The Right to Keep and Bear Arms: A Right to Self-Defense Against Criminals and Despots by Robert Dowlut[*] If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. -- 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...
Words: 7782 - Pages: 32
...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you 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...
Words: 37488 - Pages: 150
...Duterte reveals platform of government Metro Manila (CNN Philippines) — Davao City Mayor Rodrigo Duterte and Sen. Alan Peter Cayetano were set to lay down their platform of government in a forum on Thursday (January 7) at the Plaza Independencia in Cebu City. In a press conference prior to the event, Duterte revealed some plans he had once elected as president. He said that his administration would be "left leaning" and he has a socialist principle. Duterte said that he would push for an end to the insurgency problem with communist rebels, having direct contacts with the NPA-NDF leaders such as Joma Sison. Duterte also said that he was against contractualization of laborers and would push for reforms in the income tax law which will cover more exemptions such as for those earning below P20,000 a month. The Davao chief executive also said that he would not declare martial law — unlike the "doomsday" scenario painted by his opponents. "But I tell criminals not to push me to go the extreme," Duterte warned. Duterte also specifically said that he would end the problem of illegal drugs in just three to six months into his administration. Organizers and supporters of Duterte said that it would be the first time for the tandem to lay down their platform of government. Duterte: Polls on federalism in 2 yrs DAVAO CITY—Presumptive President-elect Rodrigo Duterte projected a two-year timetable to submit to a referendum his proposal to dismantle the current presidential, unitary...
Words: 11531 - Pages: 47
...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you 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...
Words: 43059 - Pages: 173
...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
Words: 52904 - Pages: 212
...French Revolution AOS 1 Revs Revision Notes – Part I AOS 1 – French Revolution Index: 1. PRE REVOLUTION FRANCE a. France in the 18th Century b. Power and Limitations of the King c. Privilege and its Spread d. Frances Taxes (How and What) e. The Estates 2. IDEAS, INPUTS AND CAUSES a. Very Short List of Causes of the Revolution b. Shift to Sensibility c. American Revolution Input d. The Liberal Economic Theory (Physiocracy) e. The Philosophes 3. FINANCIAL CRISIS AND MANAGEMENT a. Frances Financial Crisis b. Frances Finance Ministers (Comptroller-General) c. Compte Rendu d. Parlements and Their Role e. Assembly of Notables and Their Role 4. EVENTS PRECEEDING AND DURING EXILE AND RECALL OF PARLEMENTS a. Ségur Ordinance b. Diamond Necklace Affair c. Eden Treaty d. Calling of the Assembly of Notables e. The Dutch Crisis (Spring 1787) f. Last Chance with the Notables g. Notables Dissolved h. Attempts to Pass Reforms at the Parlements i. Exile and Recall of the Parlements j. Society of Thirty 5. EVENTS PRECEEDING CALL OF ESTATES GENERAL a. The Reduction of Parlement’s Rights b. The Day of Tiles (Grenoble) c. The Famine of 1788 d. The Calling of the Estates-General 6. ESTATES-GENERAL ...
Words: 32945 - Pages: 132
...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 . . . . . . . . . . . . . ....
Words: 104976 - Pages: 420
...U.S. Copyright Law (title 17 of U.S. code) governs the reproduction and redistribution of copyrighted material. Downloading this document for the purpose of redistribution is prohibited. HOW MORAL REVOLUTIONS HAPPEN Kwame Anthony Appiah W. W. N O R T O N & C O M P A N Y New York London Copyright © 2010 by Kwame Anthony Appiah All rights reserved Printed in the United States of America First Edition For information about permission to reproduce selections from this book, write to Permissions, W. W. Norton & Company, Inc., 500 Fifth Avenue, New York, N Y i o n o For information about special discounts for bulk purchases, please contact W. W. Norton Special Sales at specialsales@wwnorton.com or 800-233-4830 Manufacturing by Courier Westford Book design by Helene Berinsky Production manager: Devon Zahn Library of Congress Cataloging-in-Publication Data Appiah, Anthony. The honor code : how moral revolutions happen / Kwame Anthony Appiah. — ist ed. p. cm. Includes bibliographical references and index. ISBN 978-0-393-07162-7 (hardcover) i. Social change —History 2. Social change—Moral and ethical aspects. 3. Honor—Social aspects—History. 4. Social ethics. I. Title. HM836.A67 2010 303.48'409—dc22 2010019086 W. W. Norton & Company, Inc. 500 Fifth Avenue, New York, N.Y. 10110 www.wwnorton.com W. W. Norton & Company Ltd. Castle House, 75/76 Wells Street, London W 1 T 3 Q T 1 2 3 4 5 6 7 8 9 0 pliijiilijff E MM ÉP l j ...
Words: 16141 - Pages: 65
...Theories of International Relations Third edition Scott Burchill, Andrew Linklater, Richard Devetak, Jack Donnelly, Matthew Paterson, Christian Reus-Smit and Jacqui True Theories of International Relations This page intentionally left blank Theories of International Relations Third edition Scott Burchill, Andrew Linklater, Richard Devetak, Jack Donnelly, Matthew Paterson, Christian Reus-Smit and Jacqui True Material from 1st edition © Deakin University 1995, 1996 Chapter 1 © Scott Burchill 2001, Scott Burchill and Andrew Linklater 2005 Chapter 2 © Jack Donnelly 2005 Chapter 3 © Scott Burchill, Chapters 4 and 5 © Andrew Linklater, Chapters 6 and 7 © Richard Devetak, Chapter 8 © Christian Reus-Smit, Chapter 9 © Jacqui True, Chapter 10 © Matthew Paterson 2001, 2005 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright...
Words: 132890 - Pages: 532
...REGULATION FOR CONSERVATIVES: BEHAVIORAL ECONOMICS AND THE CASE FOR “ASYMMETRIC PATERNALISM” COLIN CAMERER, SAMUEL ISSACHAROFF, GEORGE LOEWENSTEIN, † TED O’DONOGHUE, AND MATTHEW RABIN INTRODUCTION Regulation by the state can take a variety of forms. Some regulations are aimed entirely at redistribution, such as when we tax the rich and give to the poor. Other regulations seek to counteract externalities by restricting behavior in a way that imposes harm on an individual basis but yields net societal benefits. A good example is taxation to fund public goods such as roads. In such situations, an individual would be better off if she alone were exempt from the tax; she benefits when everyone (including herself) must pay the tax. In this paper, we are concerned with a third form of regulation: paternalistic regulations that are designed to help on an individual basis. Paternalism treads on consumer sovereignty by forcing, or preventing, choices for the individual’s own good, much as when parents limit their child’s freedom to skip school or eat candy for dinner. Recent research in behavioral economics has identified a variety of decision-making errors that may expand the scope of paternalistic regula- Professor Camerer is the Rea and Lela Axline Professor of Business Economics, California Institute of Technology; Professor Issacharoff is the Harold R. Medina Professor of Procedural Jurisprudence, Columbia Law School; Professor Loewenstein is a Professor of Economics and Psychology...
Words: 19930 - Pages: 80
