Final Exam Study Guide

Final Exam Study Guide

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Unformatted text preview: ies Constitutional Argument Basic concepts o Colonists believed that the constitutional arrangements they had with the British going all the way back to the colonial charters were being changed in ways that were hurting the colonists and this led to their revolt. o Parallels between Bailyn’s two arguments but this one places more emphasis on the inconsistent views that the colonists and the British had about how the Constitution worked Two views of constitution of British Empire o Sovereign power of king – colonies were under control of the king but both the commons in England and the assemblies in the colonies were allowed to have interests that were independent of the king’s interests – the commons and assemblies protected these liberties from the king and arbitrary government o Sovereign power of king ­in ­parliament – colonies were under control of Parliament and did not have the right to have their own interests – they did not have the right to resist against things like taxation o Colonists wanted both forms of government and did not know which constitution they wanted to follow  ­ the British messed up colonial policy How did the British mess up colonial affairs from 1763 – 1776? What is the importance of “custom and usage” as a principle of British constitutional design? o Custom and usage – an established and long continued pattern of behavior that can objectively be verified because it is what has always been done and accepted by law o The British constitution is not entirely drawn out and a lot of it is based on legal standards and social norms. In British law custom and usage helped determine what was legal and legitimate. o Custom and usage can be used to support either one of the models of British constitution o Crown Sovereignty – the king established the colonial charters so therefore he was the true owner of the colonial land o King ­in ­Parliament Sovereignty – the Navigation Acts were written during the Commonwealth of England period when Parliament was doing whatever it took to benefit England as a whole What elements of colonial history support the view of Crown sovereignty over the colonies? The foundation of the colonial charters supports the view of Crown Sovereignty because the colonial charters stated that the king was the true owner of the land no matter what. What elements of colonial history support the view of the King in Parliament view of sovereignty? The Navigation Acts and the several renditions of the Navigation acts supports the view of the sovereign power of king ­in ­parliament because the Navigation Acts were passed by Parliament when there was no king (Commonwealth of England era). During this time the colonies were being run by Parliament and Parliament was passing laws such as the Navigation Acts that would benefit England as a whole. Mixed or Balanced Government Basic concepts o Mixed or balanced government relates to the balance of power between the crown, the lords, and the commons. The crown is the king (monarchy). The lords are the few aristocrats or upper class citizens (aristocracy). The commons is the average citizens of the country (democracy). o The thinking behind mixed government was that with a balance of power would limit the ability of any one party to become too powerful at the expense of another party. How did mixed governments limit arbitrary (irrational) governments? The thinking behind mixed an...
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This note was uploaded on 01/25/2013 for the course ECON 311 taught by Professor Staff during the Fall '08 term at Maryland.

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