9/17/08 notes - Ideas behind the Constitution 1....

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Ideas behind the Constitution 1. Constitutions restrict the power of authority; its laws are a sort of higher laws 2. Aritstotle was the first figure in recorded history to formally make a distinction between law and constitutional law. (a)He said that there should be a mix of Monarchies (one), Aristocracies (few), and democracies (many). 3. In 1215 the Magna Carta established the idea of "Habeas Corpus" provided that the king was not permitted to imprison, outlaw, exile, or kill anyone^ at will-there must be due process of the law first. (a) The due process clause is the Fifth Amendment (b) This conflict about it formed the core of the English monarchy after that point (c) Though the social contract is this case was between the king/nobility it was gradually extended to all of the people and led to the development of the constitutional Monarchy. 4. The U.S as they broke away from this Monarchy in 1787 codified their own constitution, rejecting the monarchy and the hereditary nobility, but
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This note was uploaded on 04/27/2011 for the course ISS 225 taught by Professor Williams during the Fall '07 term at Michigan State University.

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9/17/08 notes - Ideas behind the Constitution 1....

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