Whatever Happened to Justice Ch 24

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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?

Hostility Signup and view all the answers

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

Understanding governance requires ongoing interpretation Signup and view all the answers

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

Information is vital for a free society Signup and view all the answers

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

They believed in the complexity of governance Signup and view all the answers

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

To create privileges for certain groups Signup and view all the answers

What do people today compete for regarding political law?

Control of privileges Signup and view all the answers

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

Rights inherently exist and are protected by the Constitution. Signup and view all the answers

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

In Natural Law and common law Signup and view all the answers

What does the Ninth Amendment imply about rights?

There are rights retained by the people beyond those enumerated. Signup and view all the answers

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

Do not encroach on others and abide by agreements Signup and view all the answers

How does the content describe the current understanding of justice?

As a transactional approach guided by self-interest Signup and view all the answers

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

They viewed it as merely guidelines for governance. Signup and view all the answers

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

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Description

Explore the fundamental concepts of political law, rights, and the Constitution in this quiz. Delve into how privileges are created, the influence of common and natural law, and the intentions of the Founding Fathers regarding rights. Assess your understanding of the relationship between legislation and justice.