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Unformatted text preview: History 169 Midterm Review Notes from Class (that didn’t fit into categories) • Elements of legal systems: structure (legal institutions), procedures, substance, legal culture • We live in a democratic republic o Republican government- representative government o Democratic electoral base o Uniform adult suffrage (near-universal) o Federal republic- central government; 2+ states constitute a national union; states retain sovereignty over internal affairs o Federalism: national government; power concentrated o Federal republic: power concentrated in the center; people have representatives o Federal system: national government + state governments (more or less sovereign with regard to internal affairs) • Distinct government branches: executive, legislative, judicial • Procedures: rules, regulations, judicial procedures; jurisdiction (court has authority to try case) • Substance: Common Law system; Courts interpret legislation • Legal culture: set of customs, beliefs, attitudes shared by a people o Arbitration, mediation, counselor, clergy • De facto law- legal consequence to a past action changes; something legal becomes criminal • Why do we reject precedent? o Change in social circumstances, ideologies, new judges, new technologies o We need change because legal actors would lose power if they don’t go with people’s new ideas o People need to have continuity in order to perceive the law as fair and just • New federalism: state sovereignty was forever dead • 10 th amendment: doesn’t have the word expressly because they were concerned about limiting how the powers of the federal government would be interpreted • 13 th , 14 th o Each include provisions that Congress can enforce o Enforcement provisions included so that states couldn’t ignore it; government anticipated resistance from the South o 13 th : to empower the government • 15 th: enacted in 1817 with enforcement provision I. Race, Ethnicity, and the Law Slavery was central to most national political debates From 1787 until the Civil War, the constitutional status of the states within the Union remained contested Congress lacked power to interfere with slavery in the states By 1804, all of the states in the North had either ended slavery outright or passed gradual abolition acts 95% of nations Blacks= slaves African slave trade was prohibited in 1808, but was lax until 1861 Dred Scott v. Sandford- protected rights to reclaim fugitive slaves 1861- almost every state had asserted sovereignty and claimed the right to resist or nullify federal law, or secede from the Union USSC asserted its power to declare state laws unconstitutional Lincoln believed the Constitution and the nation were created by the people, and the Union formed a perpetual contract that no state could break without the consent of the American people Blacks found that slavery had been replaced with a new kind of oppression, which took the form of segregation, separate and unequal access to public schools and other facilities...
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This note was uploaded on 02/25/2012 for the course ECO 101 taught by Professor Staff during the Fall '10 term at Texas State.
- Fall '10