American Revolution and U.S. Law

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Questions and Answers

What key principle was emphasized in the U.S. Declaration of Independence and Constitution?

  • Divine right of kings
  • Monarchical sovereignty
  • Feudal obligations
  • Popular sovereignty (correct)

What was the primary purpose of the Bill of Rights?

  • To establish the federal government
  • To guarantee individual rights and liberties (correct)
  • To enforce state laws
  • To outline the duties of the President

Which landmark case established the principle of judicial review in the U.S. legal system?

  • Marbury v. Madison (correct)
  • Roe v. Wade
  • Plessy v. Ferguson
  • Brown v. Board of Education

In what way did U.S. legal traditions differ from European legal traditions?

<p>Adoption of a dual governance system (D)</p> Signup and view all the answers

Which Enlightenment idea significantly influenced the formation of the U.S. Constitution?

<p>Social contract theory (A)</p> Signup and view all the answers

What aspect of the U.S. legal system was heavily influenced by English legal traditions?

<p>Common law tradition (A)</p> Signup and view all the answers

Who were key figures in shaping the U.S. Constitution and legal framework?

<p>Thomas Jefferson and Alexander Hamilton (B)</p> Signup and view all the answers

What influence did the U.S. Constitution have on other nations?

<p>It became a model for establishing constitutional democracies. (B)</p> Signup and view all the answers

Flashcards

Popular Sovereignty

The principle that the government must act within the limits of the law and its power is derived from the consent of the governed.

Federalism

A system where power is shared between a central government and its regional governments, such as states.

Constitution

A written document that outlines the fundamental laws, principles, and structures of a government. It acts as a blueprint for the entire legal system.

Judicial Review

The power of the judiciary to review laws passed by the legislature and actions taken by the executive branch to ensure they comply with the Constitution.

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Common Law

A set of laws developed through court decisions over time, based on precedent and legal principles.

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Bill of Rights

A set of amendments to the US Constitution that safeguard fundamental rights and liberties, including freedom of speech, religion, and press.

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Legal Blending

The process of combining principles from different legal traditions, such as European and Enlightenment, to create a unique legal system.

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Legal Influence

The influence of legal systems, ideas, and precedents from one country on those of another. This can occur through international treaties, trade agreements, or legal scholarship.

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Study Notes

American Revolution and U.S. Law

  • The American Revolution significantly altered North American legal traditions, departing from European models while still influenced by them.
  • U.S. law embraced federalism, constitutionalism, and a written constitution, providing a template for future democracies.
  • U.S. law blended English common law with Enlightenment ideas.

Key Events & Documents

  • The U.S. Declaration of Independence (1776) and Constitution (1787) reflected Enlightenment principles by highlighting individual rights, popular sovereignty, and the rule of law.
  • The U.S. Constitution established a dual system of governance, balancing federal power with state rights.
  • Federal courts, prominently including the Supreme Court, interpreted and implemented constitutional regulations.
  • The Bill of Rights (first ten amendments, 1791) safeguarded fundamental rights and freedoms, drawing heavily upon English and Enlightenment legal concepts.

Development of American Common Law

  • The U.S. inherited English common law, adapting it to American circumstances emphasizing pragmatism and individual freedoms.
  • Key cases like Marbury v. Madison (1803) solidified judicial review, granting courts the power to declare laws unconstitutional.

Impact and Influence

  • The U.S. Constitution became a model for nations aiming to build constitutional democracies.
  • Its focus on written constitutions, individual rights, and the separation of powers resonated globally.

Key Figures and Institutions

  • Founding Fathers such as Thomas Jefferson, James Madison, and Alexander Hamilton shaped the U.S. Constitution and legal framework.
  • The Supreme Court played an essential role in defining and expanding constitutional law.

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