8/25/2023 US & British Constitution PDF

8/25/2023 Actual Constitution: It is housed in the national archives. Framers of the Constitution: They did not adhere to the fundamental rule that a constitution should have one sovereign authority within the government. This authority is responsible for creating and enforcing rules upon individua...

8/25/2023 Actual Constitution: It is housed in the national archives. Framers of the Constitution: They did not adhere to the fundamental rule that a constitution should have one sovereign authority within the government. This authority is responsible for creating and enforcing rules upon individuals and institutions. Where is the British Constitution housed? They don't possess a tangible one like the US. Codified: The US constitution is considered codified, meaning it's set in a code or systematized. Uncodified: In contrast, the British constitution is uncodified, meaning it isn't a single written document like the US constitution. Common Law: It's a compilation of acts of parliament, court decisions, and other traditional practices. 1. A body of rules developed over centuries in the royal courts. 2. King's Bench: Addressed crimes. 3. Court of Common Pleas: Handled disputes over property and personal injury. 4. Court of Exchequer: Managed disputes over tax collection. 5. These three terms from the British common law system influenced the American legal system today. Courts maintained records of procedures and decisions, a practice still in place today. 1. Judges used these as a guide in subsequent proceedings, introducing the concept of precedent. 2. Some of these common law court procedures and practices, such as trial by jury and the right to summon witnesses, can be traced back to the 1300s. 3. Common law introduced all the above-mentioned practices. The English believed deeply in the foundational principles of common law, especially concerning legal procedure. 1. The massive influence of common law on the English system was emphasized. People had grievances with the royal courts but viewed them as a governmental check on the affluent and influential. 1. Particularly significant to the English was the common law's employment of juries for property disputes or grave crimes. Grand jury: Determines if there's sufficient evidence to press charges. If an indictment is issued, a petit jury then decides on guilt or innocence. The English have always held their basic rights in high regard and were distressed when these rights were compromised or revoked. 1. Colonists carried these beliefs with them to the US. 1. Their strong faith in common law led them to establish courts in the US, mirroring the rights they enjoyed in England. 2. They referred to these as the "Rights of Englishmen." Dr. Bonham's case - 1610: Dr. Bonham was certified to practice medicine. However, the London College of Physicians insisted he needed their license. Despite their demands, he practiced without it, leading them to threaten imprisonment. 1. Sir Edward Coke (Chief Justice at the time): Ruled in Dr. Bonham's favor. 2. He underscored the dominance of common law over arbitrary stipulations, like the demand for specific licenses. 3. Parliament had granted the College of Physicians in London an exclusive right to medical practices in the city. 4. This case highlighted the preeminence of common law. 1607: Jamestown became the first permanent English colony. 1620: Plymouth settlement was established. 1630 - 1732: Georgia, the last colony, was founded. 1. Throughout these periods, the rights of Englishmen and common law were paramount in the settlers' minds. The Glorious Revolution 1688: The Catholic James II was deposed, leading to the rise of the Protestant William and Mary. 1. This event signified that the king would function under common law. 2. It emphasized the dominance of common law and clarified that the king was governed by it. 1. All previously independent courts were now under common law. 2. The rights of the populace were reinforced. Declaration of Rights/Bill of Rights 1689: Separate from the constitution, it established that the rights of the English could not be denied without their agreement, accentuating their role in the electoral process and leader selection. 1. It acknowledged the rights of the English that had previously been denied without their consent. 2. It reasserted the autonomy and importance of Parliament. 3. The king was obligated to convene regular parliaments and couldn't enact 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. laws without Parliament's approval, thereby restricting his power and promoting representative government. The king couldn't impose laws or taxes without Parliament's consent. Citizens had the right to petition the king. Parliament members couldn't be incarcerated for their speeches. Protestants were granted the right to bear arms as permitted by law. The king was prohibited from maintaining a standing army during peacetime without parliamentary consent. Rights under common law included: Declaration of Rights and laws: Right to a jury trial. No imposition of excessive bail or fines. No infliction of cruel or unusual punishment. No fines or forfeiture before a crime conviction. American colonial development 1607-1731: Jamestown - Georgie Magna Carta 1213: Fundamental principles held by colonial Americans no taxation without their consent there was a body of law that not even a king could violate idea that authority and liberty must be balanced These principles were foundational for American Colonist and influecned their ideas and actions. Virginia Charter 1606: Established the colony as a business first colony was jamestown they had a hard time at first Served as governing document IDEA OF CONSTITUTIONALISM: The idea that there should be a written document that guides all of us Articles, Laws and Orders, Divine, politic, and martial for the colony of virginia Sig - Strict rules Dales Code: Strict rules to maintain order, sewing peoples mouths shut etc in jamestown Harsh attempt to control the population of jamestown, which was in a period of struggle. House of Burgesses 1619: First representative assembly in the new world instructions lost 1621 doc. probably was a reiteration of how to set it up Was re-created two years later Mayflower Compact 1620: CONSTITUTIONALISM: mayflower compact clearly states that the pilgrims want to combine themselves into a civil body polititick mayflower compcat is a good example of belief in written goverment Fundamental Orders of Connecticut: It was more direct than mayflower compact FIRST WRITTEN CONSTITUTION IN THE AMERICAS Codified basic rights and freedoms based on settlers understanding of common law Pennsylvania Charter of Liberities 1701: accepted the idea of consititutionalism but conceded it didn't have to be written and unchangeable, when things do change they empasized you can change the document idea that colonist could control their own constituonal fatef Established flexibiity to amend documents -Recall basic ideas the colonists SUpremacy of common law roles fo executive and legilastion branches precedent courts types/levels juries grand petit right to clal witness basic freedoms Salutary neglect: This refers to the act of neglecting the colonies and not monitoring them closely. caused colonies to become more independent After 1760, things changed for the colonists. Event: French and Indian War. The Person: King George III End of Salutary Neglect Increased British Control Convening of first CC 1760-1776 Marks the end of Salutary Neglect various forms of oppression of the colonists Taxation: Sugar Act, Stamp, Quartering Act, Etc. First Continental Congress: Convened to discuss the opposition of colonies to various oppressions since George III took over, was ra response to end of salutary neglect and increase control by british govt. Fall 1774 Agreed to meet may 1775 if there had been no improvement April 1775Second Continental Congress May 1775 It was unofficial National Goverment of the United States They did things governments usually do, raising army, passing laws, sending ambassadors etc. John Hancock, President of second continental congress All 13 colonies eventually showed up June 7 1766 a year into second CC British Organizing in Boston, realizing war will take a while Lee Resolution: Richard Henry Lee suggested total separation from great Britannia (Lee Resolution) called for a new goverment, a confederation Committee of Five: Were told to take the Lee resolution and make it happen Significance: Becomes our decleration of indepedence Put together the decleration of independence in a short period of time three weeks drew from philosphers like john locke Benjamin Franklin, Thomas Jefferson, John Adams, Roger Sherman, and Robert Livingston Was approved july 2nd5 Nov 1777 Articles of Confederation Approved March 1, 1781 - Articles of confederation became effective characterized as a "Firm league of friendship among states" Confederate form of goverment: articles 9 or somethin gpt Replaced SCC, articles were our first National Constitution. National Goverment under the articles was weak: Congress did not have the power to tax Congress cannot regulate commerce one vote per state no president no courts (national) amendment very difficult (hard to change shit) 9 states required to pass laws Unicameral congress - delegates chosen yearly by states each state had one vote no executive or national judiciary (states had courts) 1 member chosen each year to serve as president of the congress (not the US) Powers of Congress Under Articles: make war / peace send and receive ambassadors borrow money build a navy/raise army (ask states) regulate indian affairs make treaties set up monetary system/coin set uniform weights * measures established postal system Article 2 no implied powers State obligations under articles: obey Articles and acts of congress respect citizens of all states provide funs and troops states retained sovereignty central govt had few powers 1775-1783 how long the second constitutional congress went on cause it took so long to ratify the articles 1785: Mount vernon conference (MD and VA) to discuss trade problems VA called for a meeting of all states to discuss commerce, meeting opepend in Annapolist known as annapolis convention, only 5 staes showed up another meeting was called for in philidelphia Highlighted the problems of having a weak national goverment. Virginia met at Mount Vernon to discuss trade issues because the national goverment didn't have the power to solve the problem. 1786: Shay's rebellion showed the need for stronger national govt The rebellion invovlted farmers in massachusets rising up because they owed debts and couldn't pay them, and were trying to intimidate the courts and shut them down. National goverment was not strong enough to put down the rebellion, which highlighted its weakness Shays rebellion + MT Vernon and Annapolis Conferences led to Constitutional Convention 1787: constitutional convention Original purpose of the constitutional convention was to revise the articles of confederation. States initially sent delegates to philadelphia thinking they were amending the articles, but ultimately had to ratify a new document they got there and didn't amend to articles but the constitution instead had to explain to their states why this new doc was better than the old articles Different plans Virginia Plan (Big State): Legislative: bicameral - based on population Lower house popularly elected; upper house selected by lower house Executive: one national: selected by legislative included council of revision to review laws, was a new document more than a revision New Jersey plan(small state) Legislative: Unicameral - based on equality Executive: Plural Judicial: National - selected by executive, included a supremacy clause a revision of the A> of C. would give national goverments the power to tax and regulate commerce Great Compromise(connecticut compromise): Structure that became the constitution, aimed to be a compromise and blend both of the two proposed plans. legislative: bicameral; one house based on population (house of rep) and one based on equality senate - originally selected by state legislatures Executive: one, selected not by the people but buy the electoral college Judicial: national - nominated by executive and confirmed by senate National goverment may tax and regulate commerce 1787: convention adopted constitution 1788: technical ratification of constitution April 30, 1789: when the constitution went into effect until this date articles in effect Federal Structure: Unitary form of goverment where power is divided. 1791 - One justice (john retledge) resigned to take a state judgeship 1792 - CJ Jay ran for the job of governor of NY while on the bech (he lost) was hard to get people to take the job intitially 1793 - Chisholm v Georgia 1798 - 11th amendment 1794 - CJ jay was appointed as special ambassador to england he did not return to his seat 1796 - Pres GW named as CJ senator Oliver ells-worth - confirmed march Two Methods to appoint CJ 1. Elevate a sitting justice 2. Select an outsider 1796 - Ware v Hylton Article 1: Established the legislative Branch 10 sections Article 2: Executive Branch 4 sections Article 3: Judicial Branch 3 or so sections Article 4: State/National Relationship Article 5: Amendment Document Provided 4 ways to amend the constitution Article 6: National Supremacy When there is national law vs state national is supreme, this is an example of federalism Article 7: Ratification when 9 states ratify the document, it's done? Federalist Papers: Purpose of the paper was to explain why new constitution was better than the articles, it was a convincing document. Each essay in federalist papers delved into topics like checks and balances and seperations of powers Written by Alexander Hamilton, James Madison, and John Jay didn't sign their names to the essay Dunlap Broadside: One page typed copy of decleration of indepdence First printed copy of the declaration, many exist like 26 copies exist Unitary govt: All power flows from the top, and the central goverment gives power to local bodies Confederate goverment: States have sovereignty. this is opposite of the unitary goverment. Articles of confederation are an example Federal: Power divided between the national and state goverments Example the united states constitution, which replaced the articles of confederation. Created a federal system of goverment. United States is a federal system with national and state goverments, division of power is a key feature of a federal system.