Whatever Happened to Justice Ch 23
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Questions and Answers

What was the primary concern of anti-federalists regarding the Constitution?

  • It did not include a bill of rights.
  • It favored large states over small states.
  • It protected common law rights insufficiently. (correct)
  • It established a strong federal government.

Who is implied to have a negative view of the Constitution's handling of human rights?

  • Henry and his fellow anti-federalists (correct)
  • James Madison
  • Thomas Paine
  • John Adams

According to the passage, what is suggested as crucial to understanding the Constitution?

  • Analyzing its effects on various states.
  • Studying the historical context of the time.
  • Reading modern interpretations of it.
  • Reading a reprint of the original document. (correct)

How does Thomas Paine characterize the king of America in his quote?

<p>As a symbolic figure who represents the law. (B)</p> Signup and view all the answers

What action does Paine suggest to show approval of monarchy in America?

<p>Proclaiming a day for honoring the Constitution. (A)</p> Signup and view all the answers

What does Henry imply about the founders' feelings towards the Constitution if they were alive today?

<p>They would be eager to correct perceived mistakes. (B)</p> Signup and view all the answers

What does the mention of divine law and the word of God in Paine's quote signify?

<p>The belief in a higher moral authority governing law. (C)</p> Signup and view all the answers

What does Article Six of the Constitution declare regarding its authority?

<p>It is the highest law of the land. (B)</p> Signup and view all the answers

What did John Quincy Adams believe was the highest authority in governing?

<p>Laws of nature and God. (B)</p> Signup and view all the answers

Which perspective did law professor Bruno Leoni argue regarding legislation in the early 1800s?

<p>It was mainly a translation of case law. (C)</p> Signup and view all the answers

What did Patrick Henry warn against in his speech regarding the Constitution?

<p>The disregard for common law. (D)</p> Signup and view all the answers

How did the Founders view the Constitution in relation to state democracies?

<p>As a means to prevent mob rule. (B)</p> Signup and view all the answers

What does the phrase 'No man can serve two masters' imply in the context of the debate between Natural Law and the Constitution?

<p>One must choose between two equal authorities. (D)</p> Signup and view all the answers

What assumption did everyone have about the existence of a Higher Law during the Founders' time?

<p>It was a commonly accepted notion. (D)</p> Signup and view all the answers

Which of the following statements best describes the Founders' approach to wording Article Six?

<p>They may have overlooked its precise phrasing. (A)</p> Signup and view all the answers

Flashcards

Common Law

The legal system that has been in place for generations and is based on rulings and traditions rather than formal law codes.

U.S. Constitution

The system of government, rules, and principles that govern the United States. It was ratified in 1788.

Anti-Federalists

Groups who opposed the ratification of the Constitution in the late 1780s. They argued for greater states' rights and feared a powerful central government.

Federalists

Those who advocated for the ratification of the U.S. Constitution. They believed in a strong national government.

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Popular Sovereignty

The belief that laws should be based on the will of the people, expressed through their representatives.

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Rule of Law

The idea that, in a democracy, the law itself is the highest authority, not a king or any other individual.

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Charter

A document that declares the basic principles and fundamental rights that govern a nation.

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What is the Supreme Law of the Land?

The Constitution establishes itself, federal laws, and treaties as the supreme law of the land, binding judges in every state.

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What is Natural Law?

Natural Law is a system of universal moral principles that govern human conduct, believed to be inherent in nature and discoverable by reason. It is argued to be the highest law, superior to human-made laws like the Constitution.

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What is the Tension between Natural Law and the Constitution?

The tension arises because Natural Law suggests fundamental principles guiding human behavior are higher than any manmade law like the Constitution. However, the Constitution asserts its supremacy over all other laws, seemingly contradicting the idea of a higher law.

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What did the Founders Likely Intend with Article Six?

While the Founders believed in Natural Law, they saw the Constitution as a necessary measure to control state governments and prevent mob rule. Their intention likely was to make the Constitution the highest human law, recognizing the existence of Natural Law.

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Why Might the Founders Have Omitted Natural Law in Article Six?

The Founders probably assumed Natural Law was so widely accepted that it didn't need explicit mention in the Constitution. They may have focused on the human law aspect, assuming everyone understood the existence of a Higher Law.

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What was Patrick Henry's Concern about the Constitution?

Patrick Henry warned against the potential for the Constitution to become too powerful, potentially undermining Natural Law and leading to tyrannical rule.

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How has the Relationship between Natural Law and the Constitution Been Debated?

The Founders' ideas about the relationship between Natural Law and the Constitution have been debated throughout history. Some argue that Natural Law should guide the interpretation of the Constitution, while others view the Constitution as the ultimate legal authority.

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Study Notes

Article Six of the Constitution and Natural Law

  • Article Six of the Constitution declares the Constitution, federal laws, and treaties to be the supreme law of the land.
  • This conflicts with the concept of Natural Law, a higher law that precedes human institutions.
  • The author questions how these two seemingly contradictory concepts can coexist.

Potential Reasoning Behind Article Six

  • Founders likely viewed the Constitution as a necessary control measure to prevent mob rule and the decline of state democracies.
  • The Constitution might have been seen as a temporary emergency solution.
  • The Constitution, in early interpretation, was meant to summarize and clarify existing common law, not to replace it.
  • Founders may have been less precise in their wording due to the widespread acceptance of a Higher Law.

Limitations and Criticisms of the Constitution

  • Patrick Henry argued that the Constitution did not adequately protect common law.
  • Anti-federalists felt that important protections for rights were omitted by the Constitution.
  • This omission suggests a potential weakness and potential errors in drafting.

Thomas Paine's Perspective

  • Paine suggests a king-like figure, but one that governs divinely and is present in the Constitution.
  • This concept contrasts with a purely human-made system of law and suggests a higher authority above human earthly authority represented by the Constitution.

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Description

Explore the tension between Article Six of the Constitution and the concept of Natural Law. This quiz delves into the Founders' intentions, the limitations of the Constitution, and the debate over its relationship with common law. Test your understanding of these fundamental legal principles.

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