Con Law - Con Law Constitutional Protection of individual...

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Con Law Constitutional Protection of individual liberties and civil rights Question 1: Why Protect individual lihberties and civil rights in the constitution? o May not use common law, statutary law GB model, general consensus, etc. Constitution is difficult to change- Article 5 provides for amending the Constitution o ratified by ¾ of states o 2/3 states call for Constitutional Convention ¾ of states must approve o antithesis of democratic rule Constitution is the supreme law of the land o Article 6, Section 2 (the Supremacy clause) Stability? o Why stability better than change? Ex. Electoral College Does Constitution create Stability? Framers had distrust of majority rule o Fear that short-term passions would lose long-term commitments* o Tendency to centralize powers in times of power, lead to tyranny o Majority has history of persecution o Individual Liberties enshrined 1. Article 4, Section 3 a. 1808 Congress could not ban importation of slavery until then b. Fugitive Slave Clause 2. When the Constitution made difficult to change, can’t change the bad along with the good. Question 2: How dos the Constitution structure its protction of individual liberties and civil rights? o Text of the Constitution (apart from the Bill of Rights) says little about individual liberties & civil rights. o
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Con Law - Con Law Constitutional Protection of individual...

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