...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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...executive privilege because Nixon greatly abused his authority. So how was the Supreme Court put into action? It was all thanks to the Constitutional Convention. The Constitutional Convention was a meeting with fifty-five delegates from twelve out of thirteen colonies to make a government and rules that suited all the colonies. This took place between May 27th and September 17th, 1780 in Philadelphia. There was...
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...remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success. Too often Examiners find that candidates offer a reasonable or good answer on a topic which is not on the examination paper, and answers such as this cannot achieve a pass mark. This emphasises the importance of taking care in reading the paper. Another general difficulty lies in the length of answers given. While there can be no fixed required length of answer – some very good answers can...
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...| Historical Essay: | Confederation and Constitution | | Jason Sherman | | | The Articles of Confederation, the first constitution of the United States, was adopted by the Continental Congress on November 15, 1777. However, sanction of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, which resulted in most of the power residing with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789 (Researchers, 2013). Some weaknesses of the Articles of Confederation that ultimately resulted in failure were the fact that each state only had one vote in Congress, regardless of size, Congress did not have the power to tax, Congress did not have the power to regulate foreign and interstate commerce, there was no executive branch to enforce any acts passed by Congress, there was no nation court system, Amendments to the Articles of Confederation required a unanimous vote, and laws required a 9/13 majority to pass in Congress. Under the Articles of Confederation, states often argued amongst themselves. They also refused to financially support the national government, who was also powerless to enforce any acts it did pass. Some states began making agreements...
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...From the beginning of the American Revolution, Congress felt the need for a stronger union and a government powerful enough to defeat Great Britain. During the early years of the war this desire became a belief that the new nation must have a constitutional order appropriate to its republican character. A fear of central authority inhibited the creation of such a government, and widely shared political theory held that a republic could not adequately serve a large nation such as the United States. The legislators of a large republic would be unable to remain in touch with the people they represented, and the republic would inevitably degenerate into a tyranny. To many Americans their union seemed to be simply a league of confederated states, and their Congress a diplomatic assemblage, representing thirteen independent polities. The impetus for an effective central government lay in wartime urgency, the need for foreign recognition and aid, and the growth of national feeling. Altogether six drafts of the Articles were prepared before Congress settled on a final version in 1777. Benjamin Franklin wrote the first and presented it to Congress in July 1775. It was never formally considered. Later in the year Silas Deane, a delegate fromConnecticut, offered one of his own, which was followed still later by a draft from the Connecticut delegation, probably a revision of Deane’s. None of these drafts contributed significantly to the fourth version written by John Dickinson of Pennsylvania...
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...Prof. Weeramantry contends that the present hostilities are illegal under international law. It is curious that the one issue which never fails to be brought up in discussions about the US decision to attack Iraq is the question of legality and “international law”. Those who raise it contend that under “international law” the US did not have the “right” to attack Iraq because it had not satisfied the requirements of the law for doing so. The implication is that any discussions of potential danger Iraq represents to us are moot because it is illegal for us to do anything about it anyway. The fact that Iraq's military and security services have been used to ethnically cleanse whole areas of Iraq does not seem to matter either. When ethnic cleansing was at its height in Bosnia the same critics pointed out that the United States is signatory to a variety of conventions relating to human rights, national sovereignty, and cases of genocide that required it to intervene in force as a matter of “international law”. Many who favored an attack tend to ignore the whole issue of international law, or directly claim that there isn't any such thing. I like many others do not believe in it, nor do I believe in an International Criminal Court. What is law? It is the rules that a society sets and enforces on its members. What is its purpose? What should it accomplish? Ah! Therein lies the proverbial rub. There has been no consensus in history on that. Different societies in different...
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...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 American Revolution take place? The Road to Revolution The Revolution Begins Why did the colonists rebel and the British resist? Declaring Independence Was the Revolution justified? The Revolutionary War How were the colonies able to...
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...term constitution has been defined by many scholars, one such scholar defines a constitution as,” a document having a special legal sanctity which sets out the framework and principal functions of the organs of government with the state, and declares the principals by which those organs must operate” . The idea of a constitution is not a new one but is as old as the concept of government. One cannot speak of the government without directly linking it to the constitution which it is founded on. A constitution as noted from the above definition describes what constitutes a government which is the different organs, regulates the actions of the organs of government and restricts the actions of that government based on what is regarded as constitutional acts of that government as provided for in the constitution. A constitution of any state plays an important role in the governing of that state; constitutions worldwide have mostly emerged as a result of the need to start a new chapter in the way that states are governed. This is mostly evident in countries that were once colonised and those that went through revolutions. For those colonised, after attaining independence many adopted constitutions from their colonial masters. Although many of the colonised states of Africa had inherited constitutions from there colonial masters. These constitutions did not stand the taste of time as they were bequeathed on them and was not a true reflection of how the general citizenry of the states...
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...INTER-NATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME Note: Any views expressed are those of the author and are not attributable to any government or organization. I INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes...
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...International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma1 I. Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one of the first state courts to address Article 36 since the International Court of Justice (ICJ) decided Germany v. United States of America (LaGrand),5 in which the ICJ interpreted the controversial provision. Briefly stated, Article 36 grants foreign nationals the right to contact their consulate if they are arrested or detained in a foreign country.6 Such notification allows the consulate to provide legal assistance to the foreign national, who may speak another language or be unfamiliar with the foreign nation's legal system. As might be expected, local authorities sometimes fail to comply with Article 36. In the United States, such failures have prompted foreign nationals to file appeals based on what they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to...
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...French Revolution Key Figures Biographies | Eden Salmon | Xmas Holiday Homework | Robespierre Maximilien de Robespierre principal figures in the French Revolution. Born on the 6th May 1758 in Arras France he had a troubled childhood with his Mother dying when he was aged just 6 and his Dad leaving soon after that. He and his siblings were raised by their grandparents. Young Maximilien was educated in Paris, graduating from the Lycée Louis-le-Grand and earning a law degree in 1781. He became a lawyer in his home town and lived comfortably with a moderate income. Robespierre then took on a public role, calling for political change in the French monarchy. He became a great follower of social philosopher Jean-Jacques Rousseau, intrigued by the idea of a virtuous man who stands alone accompanied only by his conscience. He was very influenced by the enlightenment and wanted equality and freedom by a means of intellectual debate and practical demonstration. He gained a reputation for defending the poorest of society and earned the nickname "the incorruptible" for his adherence to strict moral values. At age 30, Robespierre was elected to the Estates General of the French legislature. He became increasingly popular with the people for his attacks on the French monarchy and his advocacy for democratic reforms. He also opposed the death penalty and slavery. He was very much a liberal thinker and spread (with the enlightenment) liberal views across France, particularly the third...
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...comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...
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...The Need for Whistleblowing Legislation in Canada: A Critical Defence Jonathan Carson Research Officer The Association of Management, Administrative and Professional Crown Employees of Ontario 1 Dundas Street West Suite 2310, Box 72 Toronto, ON M5G 1Z3 carson@amapceo.on.ca Paper presented to the Canadian Political Science Association Conference, June 2006 The opinions expressed herein are those of the author and do not necessarily reflect those of AMAPCEO Working Paper – Please do not cite without permission from the author Introduction This paper is about the need for whistleblowing legislation in Canada, at both the federal and provincial levels. The focus of the paper is squarely on the public service. Although certain jurisdictions (for example, the United Kingdom1) have a single disclosure regime covering both the private and public sectors, then general trend throughout the world is for distinct legislation for the two sectors. In Canada, there are already numerous statutory avenues for individuals in both the public and private sectors to blow the whistle; however, the grounds for disclosure are generally quite circumscribed, with the statutes tending to deal only with specific concerns, e.g. occupational health and safety or the environment.2 At present whistleblowing legislation is coming into vogue across Canada, at both levels of government. This paper argues that such legislation should have the modest goal of protecting good faith whistleblowers. This...
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...Disagreements surrounding morality and the exercise of slavery, that may be visible as a ways again to the debates at some stage in the constitutional conventions, absolutely was one, and perhaps the principle driver. Abolitionist moves and various tries to outlaw or limit the growth of slavery, mainly in new territories and states had been the precipitating activities that delivered the whole issue to a head. However, the less populous states of the south, whose economic lifestyles changed into tied to, and severely confined by the commercial base in the North, compounded by alternate legal guidelines that made it difficult for southern states to brazenly trade, turned into an extended standing, and big irritant to the ones states. In addition,...
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...concepts have not kept pace. In the words of an author of the book reviewed here, reflecting on the concept of ‘the state’ and the problem of sovereignty: in political as in constitutional legal theory, we still need to cut off the King’s head,1 as we are still entrenched in the philosophical and constitutional language of the 19th century.2 But recently, with European integration and globalisation, change has also occurred in the traditional concepts of public law such as “state” or “constitution”. The book edited by Bamforth and Leyland is about this change over the last thirty years or so.3 “Public Law in a Multi-Layered Constitution” is a significant contribution to a better understanding of how public law is transformed, in Great Britain and elsewhere. The title of the book as well as its introduction (pp. 1-26) state that its central theme is the transformation of the British constitution into a “multi-layered constitution.” This is meant to refer to a constitution that “contains multiple, but inter-connected and sometimes overlapping European and national layers”,4 where “power (both legislative and political) has been spread away from the Westminister Parliament, both ‘upwards’ to the European Union and ‘downwards’ to the devolved assemblies.”5 The editors’ claim is that this restructuring of the constitutional architecture of the United Kingdom is occurring while there is also a rebalancing of the roles of the courts and parliament in holding the executive accountable, an alteration...
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