Encounters With The Constitution Notes Essay

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Encounters w/ the Constitution Review Guide (Continuing)
AUGUST 27: Anti Federalists Views on the Judiciary
Leading opponents: Patrick Henry, George Mason, Richard Henry
All agreed that the document produced by the convention in Philadelphia was unacceptable without amendments
Bill of Rights (Anti-Federalists)
New form of Federalism and new form of Republican government (Anti-Federalists contribution)
Letters of the Federal Fann (Richard Henry Lee and Robert Yates)
Essays of Brutus (Richard Henry Lee)
Publius ( Alexander Hamilton, James Madison, John Jay)
Anti-Feds believed that to maintain the spirit of Republican government, which was the best defense against tyranny, individuals needed to know one another, be familiar with their government, and have direct experience in government
Small territory, and basically homogenous population as necessary
Did not insist that every citizen exercise legislative power

AUGUST 29TH – SEPTEMBER 1ST : The American Revolution
French & Indian War (1754-1763)
Wars were very expensive
Stamp Act (British were poor after war, how they were going to raise money)
America “owes” British money for securing their land
Colonists thought Stamp Act was very bad
John Marshall famous quote “the power to text is the power to destroy)
Repeal of Stamp Act (1766)
The Boston Massacre (March 5, 1770)
There was a custom house guarded by British, group of colonists started throwing stuff at the guards, Captain Preston said “Don’t fire”, a guard was hit, so they started firing and killed civilians
John Adams defended British soldiers, and got them acquitted for doing their duty
Paul Revere prominent for twisting the depiction of the Boston Massacre picturing the British doing all wrong
Boston Tea Party (Dec.16 `1773)
Monopolies in the tea industry created by British
Americans dressed as Indians and threw the tea overboard
Intolerable Acts
Massachusetts Government Act: Took power of local cllonists and put in royal governor under the King
Boston Port Act: Closed port of Boston, no ships could go in or out
Quartering Act: Forced people to host soldiers in their home
Administration of Justice Act: Certain criminal cases would be taken out of Boston and moved to England; Jury most likely decide with redcoats; Hurt farmers; George Washington said it was the “Murder Act”
John Adams was mad because he defended the redcoats during the Boston Massacre
Continental Congress (1775) Philadelphia

SEPTEMBER 3RD-5TH :Federalist Papers
Brutus first person to discover Judicial Review
Equity= fairness
Construe= stretch, When you interpret a law you interpret in to popluar opinion
Brutus fears that equity jurisdiction will give judges high latitude and get to do what they want
Judges will have ultimate power , godly
Alexander Hamilton defends Judiciary saying all they and should do is judge “If courts act like judges, and not like politicians we will be fine”
Constitution: fundamental/Supreme Law; Intention of the people; Principles; Limited; Paramount; Supreme Will of the American People
Massachusetts Constitution of 1780 (Oldest Constitution)
Judicial independence- judges insulated from political pressures
Brutus argues that the courts will help shape society without the people knowing
September 8th
Living Constitution- the Living Constitution (or loose constructionism) is the claim that the Constitution has a dynamic meaning or that it has the properties of an animate being in the sense that it changes. (ex. Maryland v Craig)
Originalism- the judicial interpretation of the constitution that aims to follow closely the original intentions of those who drafted it.
Textualism- legal theory that courts in the United States should rely on the plain meaning of the words in the Constitution and in other laws. Where the text does not support the interpretation, the interpretation necessarily fails. Supreme Court justice Antonin Scalia is a prominent textualist.…