Notes:BC1.L&C.Constitution 1 - Revision history

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2016-04-03T20:53:20Z

BcatOne moved page Notes:JL.L&C.Constitution 1 to Notes:BC1.L&C.Constitution 1 without leaving a redirect

Jeff: Jeff moved page Notes:JL:Constitution 1 to Notes:JL.L&C.Constitution 1 without leaving a redirect

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Jeff moved page Notes:JL:Constitution 1 to Notes:JL.L&C.Constitution 1 without leaving a redirect

Jeff at 18:22, 15 November 2014

2014-11-15T18:22:07Z

Jeff at 22:26, 9 August 2014

2014-08-09T22:26:09Z

Jeff at 21:31, 9 August 2014

2014-08-09T21:31:39Z

Jeff at 20:41, 9 August 2014

2014-08-09T20:41:42Z

Jeff: Created page with "{{Article |HasAuthor=Jeff |HasArticleDate=2014/07/10 }} {{SectionDefault |HasArticleText=Principles of founding stated in DOI. Moral basis of Constitution. *Historians see..."

2014-07-10T19:58:39Z

Created page with "{{Article |HasAuthor=Jeff |HasArticleDate=2014/07/10 }} {{SectionDefault |HasArticleText=*Principles of founding stated in DOI. Moral basis of Constitution.* *Historians see..."

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{{Article
|HasAuthor=Jeff
|HasArticleDate=2014/07/10
}}
{{SectionDefault
|HasArticleText=*Principles of founding stated in DOI. Moral basis of Constitution.*
*Historians see the founding as the result of a list of things
:*Natural law/rights
:*Protestantism
:*English legal tradition
:*Republican virtue
:*US Constitution
*Not true - only one makes correct government intelligible - Natural law/rights
*Conservatives equate equality and liberty with 21st century liberalism
*Liberals believe that founders understanding of rights is too narrow.
:*It did not include the rights listed in FDR's 2nd Bill of Rights and UN of 1948 universal declaration of Human Rights.
::*Essentially a right to a minimum standard of living.
:*H Clinton has added that leading object of foreign policy is to protect rights of LGBT worldwide
*Founders clearly opposed slavery. Ended it in 8 states and outlawed it in future new states
*Today, founders views are repudiated because they did not embrace the added rights.
:*for example, equality means that every person should have the same resources for the purpose of the UN Declaration.
:*For example, progressives today view jobs as benefits to be distributed by government for the benefit of groups considered disadvantaged.

Why focus on the Declaration of Independence.
*A founding document.
*colonial legislatures generally at odds with governors appointed by King or corporation. Legislatures had usually had their way. Not so after 1763.
*Americans appealed to:
:*English Constitution - elected representative government
:*Idea of natural law and natural rights - a universal standard.
*Americans became more insistent on local legislation and rule.
:*but failing that, they appealed more directly to natural law.

Declaration:
*Equality
:*All men are created equal
::*Men means everyone - not a race or males or property owners
::*State Constitutions are indispensable.
:::*Particularly Virginia's
::::Each is equally free and independent. Independent of all authority and rule by other humans.
::::'''Not a quality of law or government policy'''
::*We can agree to be ruled by others - but all alike in this regard.
::*Founder James Wilson: when we say all men are crated equal, we mean not to apply this equality to their virtues, their talents, their dispositions, or their acquirements.
::*Nor does it mean that all people have equal access to the good things of life
:::*People do not have a natural right to a minimum wage, health care, education, social security, paid for by society.
::*It only means that no one is by nature the ruler of any other person.

*Natural law
:*The Declaration says that all men are endowed by their creator with unalienable rights. - L, L, P of H.
:*Rights are a claim of how things should be.
:*If everyone is born free and no one has a right to take that away then everyone as the right to LLPofH.
:*Founders: except for the temporary state of childhood. . . .
:*IN Va Bill of rights two others
::*acquiring and possessing property
:::*'''just economic order establishes market freedom so that poor can sell their labor to buy property'''
::*free exercise of religion according to one's own conscience.
:*These all sum up what it is that humans have by nature and what they deserve to keep - what they are able to claim for themselves against others.
:*These cannot be separated from duty - none of us can make a slave of another
::we all have a duty not to steal or murder.
:*No nation has the right to rule any other nation for the same reason that no person has the right to rule another without their consent.

What does a government do to secure those rights? This is seldom discussed and must be understood to understand the founder's intent. It was important to the founders.
*with few exceptions, the constitution sets up a Division of labor
:*State governments handle domestic policy and federal government handles foreign.
:*'''DOI states that to secure these rights, governments are instituted among men.'''
:*That state where there is no government was seen as "the state of nature".
::Madison - Federalist 51.
:*So to secure our rights
::*government secures those rights against the threats of other nations. Protects our rights and property by the means of armed forces.
::*The preamble of the constitution names the common defense as one of the purposes of the union.

}}
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@@ Line 111: / Line 111: @@
 *Republican way of life
 *Founders vs. views of modern liberalism
 }}
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@@ Line 97: / Line 97: @@
 :*Gov't also secures rights by restraining itself - must be strong to do what it must do.
 ::clear and effective limits on what it can do to prevent it from violating the principles of just govt.  Must be constructed in ways that it is less likely to violate rights through excess
-::*rule of law means that no one is exempt - including congress - but lately not true.
+::*rule of law means that no one is exempt - including congress - but lately not true, notably: civil rights act of 1964, Americans with disabilities act of 1990.  Add ACA
 }}
 {{Citations}}

@@ Line 88: / Line 88: @@
 ::*In domestic policy by making and enforcing laws against violence - restraining criminal acts.  "its principle purpose" - Jefferson.
 ::*a basis for the separation of powers: Laws must be made - legislative; deciding if an offence has occurred - judiciary; punishment executed - executive.
 }}
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@@ Line 4: / Line 4: @@
 }}
 {{SectionDefault
-|HasArticleText=*Principles of founding stated in DOI.  Moral basis of Constitution.*
+|HasArticleText=Consent was the basic idea that all men are created equal.  Gov't can only arise justly out of aggrement - the agreement by all to be ruled.  What happens when govt fails to do its basic job of securing the rights of the individual.  Do not have to keep consenting to it after it misbehaves.  Then have a right and duty (says DOI) to get rid of the govt and put one in its place that does its job of securing rights
-*Historians see the founding as the result of a list of things
 :*Natural law/rights
 :*Protestantism
@@ Line 11: / Line 13: @@
 :*Republican virtue
 :*US Constitution
-*Not true - only one makes correct government intelligible - Natural law/rights
+*Not true - only one makes correct government intelligible - the founders principles of Natural law/rights
-*Conservatives equate equality and liberty with 21st century liberalism
+*Conservatives have a problem with founders natural rights theory.  They equate equality and liberty with 21st century liberalism
 *Liberals believe that founders understanding of rights is too narrow.
 :*It did not include the rights listed in FDR's 2nd Bill of Rights and UN of 1948 universal declaration of Human Rights.
 ::*Essentially a right to a minimum standard of living.
 :*H Clinton has added that leading object of foreign policy is to protect rights of LGBT worldwide
 *Founders clearly opposed slavery.  Ended it in 8 states and outlawed it in future new states
 *Today, founders views are repudiated because they did not embrace the added rights.
-:*for example, equality means that every person should have the same resources for the purpose of the UN Declaration.
+:*for example, equality means that every person should have the same resources as all others for the purpose of the UN Declaration.  "The economic, social, and cultural rights indispensable for his dignity and the free development of his personality."
-:*For example, progressives today view jobs as benefits to be distributed by government for the benefit of groups considered disadvantaged.
+:*For example, progressives today view jobs as benefits to be distributed by government for the benefit of groups considered disadvantaged by government.  Liberty today means that, for example, that a formal legal right means that if you can not afford it, the government must provide it - housing, transportation, etc.
 Why focus on the Declaration of Independence.
 *A founding document.
-*colonial legislatures generally at odds with governors appointed by King or corporation.  Legislatures had usually had their way.  Not so after 1763.
+*colonial legislatures generally at odds with governors appointed by King or corporation.  Legislatures had usually had their way.  Governors appointed by the king were constantly at odds with colonists.  Not so after 1763.
 *Americans appealed to:
 :*English Constitution - elected representative government
-:*Idea of natural law and natural rights - a universal standard.
+:*Idea of natural law and natural rights - a universal standard which all governments should follow and the base of the English constitution.
-*Americans became more insistent on local legislation and rule.
+*Americans became more insistent on local legislation and rule and government by consent of governed.
-:*but failing that, they appealed more directly to natural law.
+:*but when Britain rejected that, they appealed less to English heritage and more directly to higher natural law.
 Declaration:
 *Equality
 :*All men are created equal
-::*Men means everyone - not a race or males or property owners
+::*Men means everyone - not a race of white males or property owners
-::*State Constitutions are indispensable.
+::*State Constitutions and their bills of rights are indispensable.
 :::*Particularly Virginia's
-::::Each is equally free and independent.  Independent of all authority and rule by other humans.
+::::Each is equally free and independent - not naturally subordinated to one or another.  Independent of all authority and rule by other humans.
-::::'''Not a quality of law or government policy'''
+::::'''Not a product of law or government policy'''  possessed of all men from birth.
-::*We can agree to be ruled by others - but all alike in this regard.
+::*We can agree to be ruled by others - but all alike in this regard.  No one can become a slave to another including parents when reach the age of independence.
 ::*Founder James Wilson: when we say all men are crated equal, we mean not to apply this equality to their virtues, their talents, their dispositions, or their acquirements.
 ::*Nor does it mean that all people have equal access to the good things of life
@@ Line 47: / Line 64: @@
 *Natural law
 :*The Declaration says that all men are endowed by their creator with unalienable rights. - L, L, P of H.
-:*Rights are a claim of how things should be.
+:*Rights are a claim of how things should be.  Not just the fact, but the ought-to-be.  The moral implication made explicit.
 :*If everyone is born free and no one has a right to take that away then everyone as the right to LLPofH.
-:*Founders: except for the temporary state of childhood. . .  .
+:*Founders: except for the temporary state of childhood, we are all born free and independent of the control of others and deserve to retain that freedom and independence if we choose.
 :*IN Va Bill of rights two others
 ::*acquiring and possessing property
 :::*'''just economic order establishes market freedom so that poor can sell their labor to buy property'''
 ::*free exercise of religion according to one's own conscience.
-:*These all sum up what it is that humans have by nature and what they deserve to keep - what they are able to claim for themselves against others.
+:*These five rights, all sum up what it is that humans have by nature and what they deserve to keep - what they are able to claim for themselves against others.
 :*These cannot be separated from duty - none of us can make a slave of another
 ::we all have a duty not to steal or murder.
@@ Line 63: / Line 80: @@
 :*State governments handle domestic policy and federal government handles foreign.
 :*'''DOI states that to secure these rights, governments are instituted among men.'''
-:*That state where there is no government was seen as "the state of nature".
+:*Rights are insecure without government.  That state where there is no government was seen as "the state of nature".
 ::Madison - Federalist 51.
 :*So to secure our rights
 ::*government secures those rights against the threats of other nations. Protects our rights and property by the means of armed forces.
 ::*The preamble of the constitution names the common defense as one of the purposes of the union.
+:::This is the guide to foreign policy to the founders - the sole purpose of foreign policy
+::*In domestic policy by making and enforcing laws against violence - restraining criminal acts.  "its principle purpose" - Jefferson.
+::*a basis for the separation of powers: Laws must be made - legislative; deciding if an offence has occurred - judiciary; punishment executed - executive.
 }}
 {{Citations}}