American Government & Politics POL 105 Erik Rankin Lecture 3 – Constitution Intro Pgs. 1-18

The Background of the Constitution Was the Constitution groundbreaking in terms of political thought? Aristotelian justice Aquinas (13 th Century), natural law & government Divine rights and rebellion John Locke, 2 nd Treatise on Civil Government 1689 Locke’s version of “natural law” & the Declaration of Independence

The Background of the Constitution Modern times & natural law  Adolf Eichmann case in Israel Locke and Aquinas differ on where we get the power to rule  Which do we follow? Why? Locke’s “Garden of Eden”  Thus we arrive at what theory? Pilgrims – sexist pigs? (maybe)  Mayflower Compact

The Background of the Constitution The only reason a government exists according to Locke? Who limits the ruler? What happens if a leader breaks the trust? A right to rebellion, surely you jest? Has it been done? What kind of government did we have on July 4, 1776? Second Continental Congress comes up with what in 1777?

The Background of the Constitution Why no strong central government? What did they leave out?  Executive, enforcement of laws, how did they get money, and whose system of money did they use (7 different currencies)  Did you find the typo on pg. 3? Constitutional Convention 1787  Set out to revise the Articles, but what happened? The Revolution without a shot fired

The Constitution in Our History Ambiguous definitions  Due Process  Interstate Commerce  Cruel and Unusual Punishment “Living Constitution” vs. “Original Intent” Rules and traditions not codified into law  Parties, the Cabinet, Advise and Consent of the Senate (Louisiana Purchase), Executive Agreements Expanding power due to interpretation

The Constitution in Our History  Initial power of the court  1 st Chief Justice (not Marshall!)  John Marshall, Jefferson’s buddy Marbury v. Madison (1803) McCulloch v. Maryland (1819) Cohens v. Virginia (1821) Gibbons v Ogden (1824)

The Taney Court & The Civil War  Judicial Supremacy & Marshall’s successor  Appointed by Jackson  Dred Scott case Background Case details Damage to court Worst court case ever heard?  ex parte Milligan Struck a blow to the governments war time powers Who wrote the majority opinion? The Constitution in Our History

The Era of Big Business  Post war economic expansion  13 th, 14 th, 15 th – Civil War Amendments  Business regulation Slaughterhouse case Munn v. Illinois  Plessy v. Ferguson (1896) Separate but Equal doctrine Jim Crow Era

The Constitution in Our History  Major civil liberties and civil rights cases began to appear Gitlow v. New York (1925)  The Civil Liberties Era Palko v. Connecticut (1937) Korematsu v. US (1944)  The Warren Court Brown v. Board of Education Miranda v. Arizona (1966) Mapp v. Ohio (1961)

The Constitution in Our History 1969-Current  Women on the Court  Roe v. Wade (1973)  Bush v. Gore (2000)  US v. Nixon (1974)  Bakke (1978)  Texas v. Johnson (1989)  Furman v. Georgia (1972)