Preamble natural law statement when the constitution

Info icon This preview shows pages 2–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Preamble – natural law statement. When the Constitution was written, natural law was the preeminent theory of law. After that, the rest of the Constitution is a mechanical document – talks about formulating the branches of government, which powers each branch should have, checks & balances, and specifics. One thing it does not talk about is the individual rights/liberties of the people. Until the Constitution was done, no one really tackled the issue of peoples’ rights (though we fought over this during the American Revolution). The Bill of Rights (first 10 amendments) addresses this issue. First Article Talks about the legislature – Senate and House of Representatives. This document was a compromise. One instance of this is slavery – slavery was a huge issue so the only time it is mentioned is in the 3/5 compromise (slaves count for 3/5 of a person) We have a bicameral legislature because there are small and large states. Authority, power, economics, demographic vary between states. Most states do not want to face the tyranny of the majority. We balance these differences through having both a Senate and a House. The Senate gives each state equal powers (2 reps/state). The House gives powers to the largest states (more reps/state). This is a compromise. The powers of the legislature are enumerated in the various sections. Section VII – all bills regarding revenue must originate in the House of Reps (even though the Senate has to approve them). This means the House has the “power of the purse”. They decide what the government funds. The ultimate decision of how to spend $ $ rests on the House – it is representative of the population and therefore reflects what the people want. If the House does not fund a program, it does not exist. Section VIII – Congress shall have power to collect taxes, provide for the common defense and general welfare. What does this mean? It means what the Supreme Court says it means. The states and federal government fight over what this means (especially the “general welfare”) – Supreme Court says that the general welfare changes with the nation’s growth.
Image of page 2

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern