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Do the Politics of Abortion and the Death Penalty Illustrate the Triumph of Conservatism Since 1973?

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Submitted By aejames
Words 1077
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American Politics

American is founded by an ideology. It doesn’t exist until the idea is posited.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. Declaration of Independence 1776

Declaration of Independence- ideology, Constitution- gives form to the declaration. People enjoy rights not given by government. Government doesn’t do something to you. Government prevented from taking them away. Government is the problem, not the solution. Policy is inherently bad.

It was the fear of what the government could do to you that motivated its nationhood.

Why the US is different
-founded on an idea
- Born free- rights are inalienable
-Wary on power
-Strong on nationhood
-Founded on ‘science of politics’
-People are supreme via Constitution

The politics of a written text
‘Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.’ Alexis de Tocqueville (1840)
Democracy in America, Book I, ch.16
-slavery
-civil rights
-abortion
-healthcare

Constitution
Problematic

Bill of Rights (1791)
The first 10 amendments to the Constitution
-1,2,3: limits of Congress
4, 5, 6: limits on executive
7, 8: limits on both (via judiciary)
9, 10: federalism (limits on national power)

All posit limits on the institutions in the Constitution.
Two parts of the doc, the first iteration is not sufficient to cool the fears of the anti-federalism. Madison creates these posited limits.

The Separation of Powers
The basic problem of government. How one separates power. There are 3 key obstacles to power in the USA.

SoP – obliges competition across departments.
Federalism is the primary barrier states have against the federal

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