Whatever Happened to Justice Ch 24

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What was one of the key concerns of the Founders regarding government?

  • The preservation of individual rights (correct)
  • The role of technology in governance
  • The influence of foreign powers
  • The distribution of wealth

According to Thomas Jefferson, what should be the priority of a government?

  • To ensure freedom from taxation
  • To expand its territories
  • To keep the opinion of the people safeguarded (correct)
  • To enforce strict laws for peace

What does Jefferson imply about the relationship between ignorance and freedom?

  • Ignorance must be maintained for control
  • Freedom is only possible through ignorance
  • Ignorance allows for greater freedom
  • A state of civilization cannot have both ignorance and freedom (correct)

What attitude did Jefferson express towards tyranny of the mind?

<p>Hostility (D)</p> Signup and view all the answers

What does the statement about finding final answers in the Constitution imply?

<p>Understanding governance requires ongoing interpretation (D)</p> Signup and view all the answers

Which idea is highlighted through Jefferson's preference for newspapers over government?

<p>Information is vital for a free society (B)</p> Signup and view all the answers

Why would the Founders be surprised by the search for final answers in the Constitution?

<p>They believed in the complexity of governance (C)</p> Signup and view all the answers

What is the primary function of political law according to the content?

<p>To create privileges for certain groups (C)</p> Signup and view all the answers

What do people today compete for regarding political law?

<p>Control of privileges (A)</p> Signup and view all the answers

What do the Founders assume about rights as mentioned in the content?

<p>Rights inherently exist and are protected by the Constitution. (D)</p> Signup and view all the answers

According to the content, where should courts look for ultimate legal principles?

<p>In Natural Law and common law (C)</p> Signup and view all the answers

What does the Ninth Amendment imply about rights?

<p>There are rights retained by the people beyond those enumerated. (A)</p> Signup and view all the answers

What two original principles underlie all legitimate legal principles as mentioned in the content?

<p>Do not encroach on others and abide by agreements (C)</p> Signup and view all the answers

How does the content describe the current understanding of justice?

<p>As a transactional approach guided by self-interest (C)</p> Signup and view all the answers

What is said about the Founders' intentions regarding the Constitution?

<p>They viewed it as merely guidelines for governance. (D)</p> Signup and view all the answers

Flashcards

Political Law Creates Privilege

The concept that laws are not neutral, but are designed to create advantages and disadvantages for different groups, effectively transferring resources from one group to another.

Constitution Protects, Not Grants Rights

The idea that the Constitution isn't the source of rights, but rather a framework for protecting pre-existing rights.

Natural Rights Beyond the Constitution

The concept that our natural rights are not listed in the Constitution, but stem from a higher source, like the Creator, as stated in the Declaration of Independence.

Searching for Ultimate Law in the Constitution

The practice of seeking ultimate legal principles within the Constitution, despite the Founders' intention of grounding law in higher principles.

Signup and view all the flashcards

Constitution Aligned with Natural Law

The argument that the Constitution was intended to be consistent with natural law, which is grounded in universal principles of human behavior and morality.

Signup and view all the flashcards

Fundamentals of Legitimate Law

The two fundamental principles underlying all legitimate legal principles: fulfilling agreements and respecting individual and property rights.

Signup and view all the flashcards

Competing for Privilege, Not Justice

The practice of using legal tools to achieve self-interest at the expense of others, rather than seeking justice based on principles of fairness and equity.

Signup and view all the flashcards

Common Law: The Source of Legal Principles

The belief that the ultimate source of legal principles lies in common law, which is based on custom, tradition, and reason, rooted in natural law.

Signup and view all the flashcards

Government and Press

The power of the government comes from the people's opinions. Without a free press, people can't form informed opinions, making a free government impossible.

Signup and view all the flashcards

Tyranny of the Mind

Jefferson strongly opposed any form of control over people's thoughts or ideas.

Signup and view all the flashcards

Freedom and Knowledge

Freedom and ignorance can't coexist in a civilized society. People need knowledge to be free.

Signup and view all the flashcards

Constitution's Purpose

The Founders believed in a government based on the will of the people, not on absolute answers found in documents.

Signup and view all the flashcards

Founders' Concern

The Founding Fathers were very worried about the concentration of power in the hands of a few.

Signup and view all the flashcards

Interpreting the Constitution

The Constitution should be interpreted and applied as a living document, changing with the times.

Signup and view all the flashcards

Founders' Goal

The Founders were not trying to create a perfect government, but a system that could be improved and adapted over time.

Signup and view all the flashcards

Study Notes

Competing for Privilege

  • Political law is a system for creating privileges, not neutrality
  • Legislation often prioritizes aiding some (Paul) while harming others (Peter)
  • Contemporary focus is on controlling political law rather than reviving common law
  • Pursuit of power, not justice, is the central motivation

Understanding Rights and the Constitution

  • Rights are not granted by the Constitution but protected by it
  • The Constitution is a set of guidelines, not a complete answer to all questions
  • The Founders intended the Constitution to be consistent with Natural Law
  • Rights stem from a higher source (Creator) as per the Declaration of Independence
  • Common law principles are crucial for understanding rights, built on fundamental principles of agreement and noninterference

The Role of Common Law and Natural Law

  • Courts often incorrectly seek ultimate law in the Constitution, overlooking common and natural law
  • These "higher laws" are essential for finding eternal principles, beyond Constitution's guidelines
  • The Constitution simply "lists" existing rights, not creates them
  • Fundamental ideas (Do all agreed, do not encroach on others') form the basis of the principles
  • A higher law system is crucial for a properly functioning society

The Constitution's Limitations

  • The Constitution was never designed as a repository for all answers
  • The Constitution is intended as a guideline, not a complete guide, for governance
  • Reliance on the Constitution alone as the ultimate source of law neglects broader principles
  • Seeking absolute answers in the Constitution is misguided

Thomas Jefferson's Perspective

  • Jefferson stressed the importance of free press for public opinion
  • He declared eternal opposition to tyranny over the human mind
  • He argued that a knowledgeable and free populace is fundamental to a well-functioning society

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser