Exam Terms - Terms for Final Exam Plural establishment...

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Terms for Final Exam Plural establishment – non-constitutional establishment of religion; focuses on tensions between religious establishment (the systems of religiously based personal law) and the constitutionally guaranteed fundamental rights to non-discrimination on the basis of religion and on the basis of sex Rage militaire - Meaning a passion for arms, the rage militaire characterized the attitudes of American colonists as the war with Great Britain began in 1775. When the ravages and deprivations of warfare became more self-evident, however, this early enthusiasm gave out. In 1776 Thomas Paine criticized the "summer soldiers and sunshine patriots" among the colonists who seemed so eager to fight at the beginning of the War for Independence but who so quickly dropped out as the dangers of engaging in warfare increased. -For Marylanders, the campaign of 1776 was a period of rage militaire, when enough men were eager for a taste of life in the citizens’ army that they more than filled the state’s quota of troops “Common Sense” – Thomas Paine met Benjamin Franklin in England 1772- moved to America; worked for Pennsylvania Magazine (wrote several article denouncing slave trade); 1775 after Lexington and Concord (and Prohibitory Act blocking trade with rebellious colonies) published "Common Sense" calling for independence rather than revolt against taxes; 500,000 copies sold by spring; white and black description of American situation powerful propaganda tool; pamphlet asked whether a continent should be ruled by an island, asserted that England exploited colonies, attacked monarchy as an institution (called for republic); gained widespread support for independence just prior to Declaration Federalist - 85 newspaper articles by Hamilton, Jay, and Madison which argued that the Constitution was designed to prevent abuse of power (checks and balances). 77 original essays first published in New York (The Independent Journal): signed "A citizen of New York" then later "Publius" (George Clinton used "Cato" for antifederalist essays). Used Shay's Rebellion to argue that anarchy would result if government not centralized. Tried to assuage fears that federal government would restrict rights and freedoms. Assured commercial classes that trade would increase under strong federal system. Authors assumed man was 1. motivated by self interest. 2. often irrational. Good government minimzed oppression/irrationality/selfishness. Essay #10: Madison argued stability, liberty, justice more likely in large, heterogenous republic based in compromise. Diverse factions could not gain control and so would be forced to reach concensus with other factions. A premier authority on the Constitution, The Federalist has been used by Supreme Court to determine Constitutional interpretations. - In the later years of the Articles of Confederation there was much agitation for a stronger
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This note was uploaded on 04/27/2008 for the course LEGAL ST 641 taught by Professor Morales during the Fall '06 term at University of Wisconsin.

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Exam Terms - Terms for Final Exam Plural establishment...

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