1. Outline Overview Constitutional Comparison
The State and National Bill of Rights
Separation of Powers
Balancing the Powers of the Three Branches
Dismemberment, the Establishment of the State of Kanawha
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2. Overview The social contract
Article 3 of the West Virginia Constitution is the most important
Bill of Rights for West Virginia citizens
Mirrors the Declaration of Independence closely as well as the U.S. Constitution
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3. The State of West Virginia
West Virginia Constitution was ratified in 1872
Original West Virginia Constitution was written by representatives of another state
Based upon the Virginia state constitution, and written by Virginians
On June 20, 1863 West Virginia was founded
35th State of the Union
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4. The English System of Government Brought to the Colonies
Local governance and enforcement of laws was the English Tradition
Citizen groups of ten families, tithings, were set up to enforce the Common Law, the law known to everyone, but not written as a formal code
Tithings were grouped into hundreds, or parishes, and hundreds were grouped into Shires for governance
Law enforcement officials and judicial officers were included in the larger groupings
The citizens in these groupings had rights guaranteed under the Magna Carta, or Great Charter of England
When the colonies were formed, these breakdowns of citizens and officials were reestablished in the colonies, as were the laws
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5. Classical School of Philosophy
Philosophers argued from two opposite perspectives based upon the nature of man and how man would be if left alone in nature without government
Thomas Hobbes
Believed that the natural state of man was a state of war and that life without government would be “solitary, poor, nasty, brutish, and short” (Hobbes, 1651 as cited in Owen, Fradella, Burke, & Joplin, 2012).
John Locke
Believed the state of nature was not a state of war. People were very social and only entered government because of desire to protect their property
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6. Classical School of Philosophy
School of thought that proposed limiting the power of government, the monarchy, and increasing the power of the people
Very popular in 1700s and led to the American and French Revolution
The concept favored the social contract--an agreement between the citizens and the government of the country that ultimately kept the power of the government in the hands of the people
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7. The Making of a Social Contract
The concept of limiting governmental power and the power of government remaining with the citizens of the state was adopted by many of the American colonists
Fueled the separation from England, the Declaration of Independence, and the Constitution
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8. Laws Based on the Social Contract
Legal definitions should include:
Actus Reus, Actions or Omissions forbidden
Mens Rea, evil intent/state of mind of the actor
Concurrence, that the actus reus and mens rea must be present at the same time for the behavior to be criminal
Penalty for violation
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9. The West Virginia and U.S. Constitutions
Written as an expression to the social contract
The U.S. Constitution is the supreme law of the United States, to which all federal laws must adhere
The West Virginia Constitution is the supreme law of the state
It must adhere to the Constitution of the United States in matters specified as reserved for the federal government
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10. Copyright © 2019 Carolina Academic Press, LLC. All rights reserved.
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