Intro

Question 1

Magna Carta vs. Constitution

Answer 1

Protections that have lasted: 1. religious liberty from government interference, 2. proportional punishment, 3. seizing property/liberty unlawfully (law of the land=due process)

Question 2

English Bill of rights vs. const

Answer 2

Taxation by parliament not just the King (appropriation), protestants able to bear arms, right to petition government, free speech in parliament, no cruel or unusual punishment or excessive fines, King is not a lawmaker,

Question 3

John Locke, Motesquieu/ Philosophy

Answer 3

Can’t injure anyone else or self, state must have consent of the governed, if not people can revolt, ensure protection of life, liberty, property

Jefferson used principles of Locke

Separation of powers, power in one branch= tyranny but he wanted to put all of the power in the hands of a monarch?

Question 4

First of the Constitution

Answer 4

State Constitutions: “First Wave” 1776-1778: gave most power to legislative branch, theory of civic virtue (people will do the right thing) and no separation of powers “Second Wave” 1780

Montesquieu was not followed much in regard to separation of powers

Important addition: Declaration of Bill of Rights (not directive, more philosophical, principles of Locke and different than what we have in our bill of rights)

Question 5

Articles of Confederation

Answer 5

Everything must be done unanimously (all states have to vote the same)

Power to states

Madison, Hamilton, and Washington were major players in changing articles to constitution (washington wasn’t convinced at first but Madison convinced)

Question 6

Con Convention

Answer 6

Problem 1: Large vs. Small state argument (proportional to population or state boundaries)

Great Compromise: senate set number, house by population

Problem 2: National v. local (state sovereignty)

Created federal government (not national government which gives directives to lower aspects) which has limited and enumerated powers {supreme in its sphere} (before president or judiciary votes there are steps)

Problem 3: Slavery

Problem 4: Presidency (not sure about its rules)

Problem 5: Judiciary: define Supreme Court / constitutional and statutory authorization

Question 7

Art 1-3 big picture

Answer 7

branches of government/ separation of powers

Question 8

Art 4 big picture

Answer 8

relationship of states with eachother

Question 9

Modalities

Answer 9

textual, structural, historical, precedential/ doctrinal, prudential, ethical

Question 10

structural modality

Answer 10

ordering of the provisions/ placement, term used in other places of the Constitution

Question 11

Historical

Answer 11

antecedent, purpose, original meaning and what they would have thought at the time, contemporary same time/ modern) accounts

Question 12

Precedential/ Doctrinal

Answer 12

Supreme Court decisions

Question 13

Prudential

Answer 13

practical or logical meaning

Question 14

Originalism v. Living Constitutionalism

Answer 14

Originalism: at the time it was created (types: original meaning, moderate, original intent, anticipated applications)

Chief Justice Roberts. Thomas, Alito, Gorsuch, Kavanugh, Barrett

Living Constitutionalism: evolves over time and diverges from original meaning. Must apply philosophical values such as human dignity or democratic process that must be apply to original meaning and intent.

Constitutional change happens from people themselves during landmark decisions or changing laws

Sotomayor, Kagan (strictly adheres even if she dissented) , Jackson