American Government & PoliticsPOL 105Erik RankinLecture 3 – Constitution IntroPgs. 1-18

The Background of the Constitution Was the Constitution groundbreaking in terms

of political thought? Aristotelian justice Aquinas (13th Century), natural law &

government Divine rights and rebellion John Locke, 2nd 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 ruleWhich 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 CommerceCruel 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 1789-1835

Initial power of the court1st 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 1835-1866Judicial Supremacy & Marshall’s successorAppointed by JacksonDred 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 Constitution in Our History The Era of Big Business 1866-1900

Post war economic expansion13th, 14th, 15th – Civil War AmendmentsBusiness regulation

Slaughterhouse case Munn v. Illinois

Plessy v. Ferguson (1896) Separate but Equal doctrine Jim Crow Era

The Constitution in Our History 1900-1937

Major civil liberties and civil rights cases began to appear Gitlow v. New York (1925)

1938-1953 The Civil Liberties Era

Palko v. Connecticut (1937) Korematsu v. US (1944)

1953-1969 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 CourtRoe v. Wade (1973)Bush v. Gore (2000)US v. Nixon (1974)Bakke (1978)Texas v. Johnson (1989)Furman v. Georgia (1972)