Week 1 what is govt & biblical view of govt
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The document discusses what government is and why it is necessary according to political philosophers like James Madison and John Adams. It then summarizes biblical passages that address government and its purpose from a Christian perspective. Key points are: - Government is a system that controls and directs people through the use of force. - Both Madison and Adams believed humans need government because people are inherently flawed. - The Bible says government's purpose is to punish wrongdoing and reward righteousness. It also teaches Christians to submit and pray for their leaders.
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A citizen is someone who gives loyalty to their government in exchange for protection. Loyalty means obeying laws, paying taxes, and assisting in national defense. Citizens are also expected to participate in their republic by voting and engaging in political discourse. Citizens have certain rights guaranteed by the constitution, though some rights can be revoked if a citizen is convicted of a crime through a fair trial process. The United States has a two-party system, with citizens typically aligning with either the Democratic or Republican party when participating in the political process and elections.
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A citizen is someone who gives loyalty to their government in exchange for protection. Loyalty means obeying laws, paying taxes, and assisting in national defense. Citizens are also expected to participate in their republic by voting and engaging in political discourse. Citizens have certain rights guaranteed by the constitution, though some rights can be revoked if a citizen is convicted of a crime through a fair trial process. The United States has a two-party system, with citizens typically aligning with either the Democratic or Republican party when participating in the political process and elections.
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- Natural law is revealed through human conscience and reason by observing the world.
- Municipal or political law is developed by governments to conform to revealed and natural law, including civil law dealing with citizen rights and criminal law dealing with prosecuted crimes.
- Common law is based on precedents set in judicial decisions dating back to England. America adopted much of English common law.
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The document provides an overview of the key concepts in American law, including:
1) The main sources of law are the constitution, statutes, regulations, and common law precedents. It also discusses the differences between substantive and procedural law.
2) The US Constitution gives broad powers to regulate interstate commerce and protects individual liberties in the Bill of Rights. Notable Supreme Court cases have expanded the scope of federal power.
3) Individual rights like free speech, religious freedom, due process, and privacy are protected against government interference by the Constitution and laws. However, certain types of unprotected speech exist.
types of legal rights under jurisprudence
This document discusses different types of legal rights. It defines legal rights and their essential elements. It then describes and provides examples of various classifications of legal rights, including:
- Perfect and imperfect rights
- Positive and negative rights
- Real and personal rights
- Rights in rem and rights in personam
- Proprietary and personal rights
- Inheritable and uninheritable rights
- Principal and accessory rights
- Legal and equitable rights
- Primary and secondary rights
- Public and private rights
- Vested and contingent rights
- Municipal and international rights
- Ordinary and fundamental rights
- Rights at rest and rights in motion
- Jus ad rem
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The document provides an overview of the U.S. political spectrum and the differences between the Democratic and Republican parties. It traces the origins and histories of the two parties and outlines some of their differing stances on key issues such as taxes, healthcare, immigration, and gun control. The Democratic Party is generally considered more liberal, while the Republican Party is viewed as more conservative.
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The document summarizes key events in the drafting and ratification of the US Constitution. It describes the lessons learned from the Articles of Confederation and state constitutions that influenced the drafting of the Constitution. There were major debates at the Constitutional Convention over issues like representation and the powers of the presidency, which were ultimately resolved through compromises. Ratification required approval from nine state conventions and involved a debate between Federalists in support and Anti-Federalists opposed unless a bill of rights was added, which was accomplished through the first ten amendments.
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The document discusses key aspects of the founding of the US and the Constitution, including:
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2) Key compromises that were reached at the Convention, including the Connecticut Compromise which created a bicameral legislature, and the Three-Fifths Compromise concerning how slaves would be counted.
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The document summarizes key concepts around civil liberties in the United States, including:
- The Bill of Rights originally applied only to the federal government, but was later incorporated to also apply to state and local governments through Supreme Court rulings.
- Religious freedom is protected through the Establishment and Free Exercise clauses, though what constitutes separation of church and state has been debated.
- Speech is generally protected but restrictions on categories like obscenity, libel, and speech inciting violence have been upheld. Morality and sexuality are now less regulated areas.
- Criminal defendants have extensive constitutional protections like due process, right to counsel, protections against self-incrimination and cruel punishment.
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Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
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Week 12 amendments i x
The document discusses the history and context surrounding the addition of the Bill of Rights to the US Constitution in 1791. It explains that many Federalists promised to add a bill of rights during the ratification debates in order to gain support for the Constitution. James Madison drafted the first 10 amendments, known as the Bill of Rights, in response. Originally, the Bill of Rights only applied restrictions on the federal government and not state governments. Later amendments like the 14th Amendment applied the Bill of Rights to states as well through incorporation. The document provides context on the freedoms protected by the First Amendment and discusses debates around interpretations of religious freedom and the establishment clause. It also summarizes regulations and debates surrounding other rights like freedom of speech,
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The First Amendment of the US Constitution protects five basic freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. It prohibits the government from making laws that respect an establishment of religion or restrict the free exercise of religion. It also guarantees free speech, a free press, the right to peacefully assemble, and the right to petition the government. The First Amendment applies restrictions on the federal government and some restrictions on state governments according to Supreme Court rulings.
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The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
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The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
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"
[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse.
" - Thomas Jefferson
Civil liberties and civil rights are salient rights enshrined by the U.S. Constitution and subsequent congressional legislation, executive actions, and judicial decisions. Whereas many times civil liberties and civil rights are used interchangeably, the two terms are distinct.
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Civil Rights
: "Provide freedom from arbitrary or discriminatory treatment (treating someone differently based on a variety of characteristics including race, religion, gender, or — in many cases — gender orientation) by government or individuals." (OConnor & Sabato, 2019)
In short, civil rights are a person's right to be free from discrimination based on race, gender, disability, sexual orientation, etc. Civil liberties are a person's basic freedoms. For example, basic civil liberty is the right to marry. If you were not allowed to marry because the court clerk refused to sign your marriage certificate, then that is a civil liberty concern. But, if the court clerk refused to sign your marriage certificate because you were LGBTQ, then that is a civil rights concern.
The
Department of Homeland Security's Citizen Resource Center
explains the civil liberties, civic rights, and responsibilities of U.S. citizens. Following are the rights, liberties, and responsibilities enjoyed by every citizen:
Rights:
Freedom to express yourself.
Freedom to worship, or not, as you wish.
Right to a prompt, fair trial by jury.
Right to vote in elections for public officials.
Right to apply for federal employment requiring U.S. citizenship.
Right to run for elected office.
Freedom to pursue "life, liberty, and the pursuit of happiness."
Responsibilities:
Support and defend the Constitution.
Stay informed of the issues affecting your community.
Participate in the democratic process.
Respect and obey federal, state, and local laws.
Respect the rights, beliefs, and opinions of others.
Participate in your local community.
Pay income and other taxes honestly, and on time, to federal, state, and local authorities.
Serve on a jury when called upon.
Defend the country if the need should arise.
Source: (USCIS, n.d.)
Did you notice that part of a U.S. citizen's responsibility includes staying informed of the issues affecting your community, participating in the democratic process, and participating in your local community?
In Mitch Daniels's book, Keeping the Republic, Purdue's president and former governor of Indiana argued that most A.
Foundations Jeopardy
The document discusses key principles and documents of American government such as:
- Consent of the governed is the principle that the government gets its power from the people.
- The Constitution established the system of checks and balances and separation of powers with 5 key principles guiding American government.
- Important founding documents include the Declaration of Independence, Virginia Statute for Religious Freedom, and the U.S. Constitution.
- The Constitution created a federal republic with two legislative houses, the Senate and House of Representatives.
Commonwealth (Cicero)
Slides regarding Cicero's thoughts on Commonwealth for an undergraduate course in Political Thought that I taught between 2003-2005.
Principles of dem edited 2011
The document discusses the seven key principles of democracy in the United States as outlined in the US Constitution:
1) Popular sovereignty - Political power rests with the people who can create, alter and abolish their government.
2) Limited government - The government is restricted to only the powers granted in the Constitution.
3) Federalism - Power is distributed between the national, state and local governments.
4) Republicanism - The people vote for representatives to make laws on their behalf.
5) Separation of powers - Each branch of government has distinct powers to prevent abuse of power.
6) Checks and balances - Each branch oversees the others to prevent overreach and keep things balanced
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Week 13 amendments xi xxvii
The document summarizes Amendments XI-XXVII of the US Constitution. It provides context and explanations for each amendment, including the reasons for their proposals and ratifications. Key amendments discussed include those banning slavery, establishing citizenship rights after the Civil War, granting women's suffrage and voting rights for black citizens, establishing the income tax, limiting presidents to two terms, and lowering the voting age to 18.
Week 10.2 articles iv vii
The document discusses several key principles of the US Constitution, including:
- The full faith and credit clause requires states to respect other states' laws, records, and judicial rulings, though not things like gambling laws. Homosexual marriage is currently challenging this clause.
- The amendment process is difficult, requiring approval from both Congress and 3/4 of states, which is why some issues are addressed through laws and court decisions instead of amendments.
- Interpretation of the Constitution has been controversial, with strict constructionists believing the original intent is important while broad constructionists allow for more creative interpretation, similar to debates over biblical interpretation.
- There is no explicit right to privacy but it is considered a natural
Week 10.1 the judicial branch
The document summarizes key aspects of the judicial branch according to Article III of the US Constitution. It discusses that the basic function of the judicial branch is to interpret the law, though this is not explicitly stated. It establishes the Supreme Court and notes that Congress has established inferior courts. It provides overviews of the federal court system including district courts, circuit courts of appeals, and the Supreme Court. It also discusses judicial review, how judges are appointed, and other judicial concepts like treason and trials.
Week 7.1 the president
The document discusses the structure and powers of the executive branch as outlined in Article II of the US Constitution. It covers topics like the election and qualifications of the President, the line of succession, powers of the President as Commander-in-Chief and Chief Executive, and the roles and responsibilities of the Cabinet departments.
Week 6.3 limitations on congress & states
The document summarizes various sections of Article I of the US Constitution that place limitations on the powers of Congress and the states. Key points include: Congress could not ban the slave trade until 1808; habeas corpus can be suspended during rebellion or invasion; bills of attainder and ex post facto laws are forbidden; direct taxes must be apportioned by population; Congress regulates trade between states and with other nations; and states are prohibited from coining money or entering treaties without Congressional approval.
Week 6.2 powers of congress
Congress has specifically enumerated powers listed in Article I, Section 8 of the Constitution. This includes the powers to tax citizens and spend tax revenue to provide for the common defense and general welfare, borrow money, regulate commerce between states and foreign nations, establish rules regarding naturalization and bankruptcy, control currency and measurements, punish counterfeiting, establish the postal system and roads, issue patents and copyrights, form federal courts, punish piracy, declare war, and grant letters of marque and reprisal during wartime. Maintaining uniformity across states is a key principle for many of these powers.
Week 6.1 how congress works
Article I Sections 4-7 of the Constitution outline how Congress works. State legislatures are responsible for holding elections for Congress, though Congress can regulate them. Congress must meet at least once per year. Each house of Congress sets its own rules and can expel members with a two-thirds vote. A quorum of over half the members is needed to conduct business. The Congressional Record details proceedings, though members can revise speeches. Congress cannot adjourn for more than 3 days without the other's consent. Members receive salaries and benefits like staff budgets and franking privileges. Congress has immunity from arrest except for treason, felony, or breach of peace. Members cannot hold other federal offices to prevent conflicts of interest. Party cauc
Week 5.1 preamble & the house
The document discusses key aspects of the US Constitution's Preamble and Article I. It notes that the Preamble establishes that the Constitution was authorized by the people and created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure blessings of liberty. Article I establishes Congress as the national legislature, consisting of the Senate and House of Representatives, with their respective roles, qualifications for members, and leadership positions discussed.
Week 5.2 the senate
- The Senate is comprised of two senators from each state who each serve six-year terms. Originally, senators were chosen by state legislatures but are now elected by popular vote.
- Senators are divided into three groups whose terms expire every two years to provide continuity. The Vice President serves as President of the Senate but rarely attends.
- The Senate tries all impeachments with a two-thirds vote needed for conviction, and can remove the impeached and bar them from future office. Two presidents have been impeached but not convicted.
Week 5.1 preamble & the house
The document discusses key aspects of the US Constitution's Preamble and Article I. It notes that the Preamble establishes that the Constitution was authorized by the people and created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure blessings of liberty. Article I establishes Congress as the national legislature, consisting of the Senate and House of Representatives, with their respective roles, qualifications for members, and leadership positions discussed.
Week 4.3 ratification controversy
The document discusses the ratification debate between Federalists and Anti-Federalists over ratifying the US Constitution. Federalists supported ratification while Anti-Federalists opposed it. A key compromise was the Federalists agreeing to propose a Bill of Rights to gain support. The Constitution was officially ratified in 1788 after being approved by nine of the thirteen states, with New York and Virginia being the most contentious battles and Rhode Island the last state to ratify.
Week 4.2 constitutional convention
The Constitutional Convention began on May 25, 1787 in Philadelphia. George Washington was elected president of the convention. The first rule they passed was one of secrecy, prohibiting leaks for 4 months. Their first major decision was to replace the Articles of Confederation rather than just reform them. There was conflict between large and small states over representation, which was resolved by the Connecticut Compromise, establishing a bicameral legislature.
Week 4.3 ratification controversy
The document discusses the debate between Federalists and Anti-Federalists over the ratification of the US Constitution. Federalists supported ratification and wanted a strong central government, while Anti-Federalists opposed it and wanted to preserve states' rights. The key issues in the debate included whether the Constitution was legitimate, if the new national government would be too strong, the lack of a Bill of Rights, and the amendment process. The Federalists eventually agreed to propose a Bill of Rights to gain ratification in more states.
Week 4.2 constitutional convention
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Week 4.1 articles of confederation
The document discusses key aspects of the Articles of Confederation such as sovereignty, confederation, who was excluded from citizenship, state representation and selection of delegates. It notes problems with the Articles like Congress having little power and inability to enforce policies or amend the Articles without unanimous consent. It also summarizes Shays' Rebellion where farmers rebelled due to economic hardship and confirms this crisis strengthened support to reform the Articles of Confederation.
Week 3 lead up to constitutional convention
American Government Week 3 Presentation: Lead-up to the Constitutional Convention & the Declaration of Independence
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Week 1 what is govt & biblical view of govt
- 1. What is Government? govern = government =
- 2. What is Government? govern = to control, direct or strongly influence the actions & conduct of someone or something government = a system by which a state or people are governed or controlled by the use of force
- 7. What's the problem with this?
- 11. politic = prudent, whatever is expedient
- 13. politic = prudent, whatever is expedient
- 14. “Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.” – Ernest Benn
- 16. Why are people so upset about govt in America today?
- 17. If something is legal, does that make it right?
- 18. What do you think is the root cause of America's legal problems?
- 19. Are you proud to be an American?
- 20. Have you or your parents lived in another country? Do you/they prefer America or not?
- 22. Deut. 16:18-20
- 23. Deut. 19: 14-19
- 25. Ten Commandments, incl. Thou shalt not murder, steal, or bear false witness
- 26. Deut. 16:18-20
- 27. Deut. 19: 14-19
- 29. Ten Commandments, incl. Thou shalt not murder, steal, or bear false witness
- 30. Deut. 16:18-20
- 31. Judges should seek justice & not take bribes or show partiality
- 32. Deut. 19: 14-19
- 34. Ten Commandments, incl. Thou shalt not murder, steal, or bear false witness
- 35. Deut. 16:18-20
- 36. Judges should seek justice & not take bribes or show partiality
- 37. Deut. 19: 14-19
- 38. Forbids perjury (lying under oath) & requires testimony of 2 or 3 witnesses to convict someone
- 40. Matthew 22:15-21
- 41. John 19:10-11
- 43. Three branches of law: legal, executive & judicial
- 44. Matthew 22:15-21
- 45. John 19:10-11
- 47. Three branches of law: legal, executive & judicial
- 48. Matthew 22:15-21
- 49. Pay your taxes & understand difference between earthly & heavenly duties
- 50. John 19:10-11
- 52. Three branches of law: legal, executive & judicial
- 53. Matthew 22:15-21
- 54. Pay your taxes & understand difference between earthly & heavenly duties
- 55. John 19:10-11
- 56. Government's power comes from God
- 58. Romans 13:1-7 & I Peter 2:13-17
- 59. I Timothy 2:1-3
- 61. Our ultimate allegiance is to God b/c we are citizens of heaven
- 62. Romans 13:1-7 & I Peter 2:13-17
- 63. I Timothy 2:1-3
- 65. Our ultimate allegiance is to God b/c we are citizens of heaven
- 66. Romans 13:1-7 & I Peter 2:13-17
- 67. Submit to govt authorities b/c God put them there. Do what is right b/c govt is set up by God to punish wrongdoing
- 68. I Timothy 2:1-3
- 70. Our ultimate allegiance is to God b/c we are citizens of heaven
- 71. Romans 13:1-7 & I Peter 2:13-17
- 72. Submit to govt authorities b/c God put them there. Do what is right b/c govt is set up by God to punish wrongdoing
- 73. I Timothy 2:1-3
- 74. Pray for your govt leaders so that you can enjoy a quiet, peaceful life
- 76. What kind of govt existed in the Garden of Eden?
- 77. What type of govt did God set up in ancient Israel?
- 78. Do you think God prefers one type of govt over another? If so, which one?
- 79. What does God think of freedom? Is it important to Him?
- 83. But can morality be legislated?
- 84. Should it be?
- 85. If so, whose morality? How do we define it?
- 87. What about Sharia law?
- 88. Is it OK for Christians to vote? Run for office? Participate in a protest? A revolution?
- 89. Do we have a duty to oppose any of the above? How do we decide?
- 90. When is civil disobedience OK?
- 93. Natural Law ( Laws of Nature) =
- 94. Municipal or Political Law =
- 95. Case Law =
- 96. Common Law =
- 98. Natural Law ( Laws of Nature) =
- 99. Municipal or Political Law =
- 100. Case Law =
- 101. Common Law =
- 103. Natural Law ( Laws of Nature) = revealed by God to us through our conscience & reason; an objective source of what is true as observed in the world around us. See Romans 1
- 104. Municipal or Political Law =
- 106. Natural Law ( Laws of Nature) = revealed by God to us through our conscience & reason; an objective source of what is true as observed in the world around us. See Romans 1
- 107. Municipal or Political Law = man-made law developed through legislation & enacted by govt; valid only as it conforms to revealed & natural law
- 109. Common Law = the body of precedents based on Natural and Revealed Law set by judges over many years in England (and other places); began in the church and developed largely independently of govt although much of it has been incorporated into civil law over time.
- 111. Lived 1801-1850 when he died of tuberculosis
- 112. Most of his writing done just before & after the failed Revolution of 1848 in France
- 113. He opposed the growing socialist movement but was mostly ignored by his countrymen
- 114. Besides writing The Law , he made great contributions in the field of economics, such as debunking the Broken Window theory