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7

They were referring to the unwritten constitution of the British Empire. Magna Carta was only a part of that. Without commenting on its legality, validity or morality, the argument was that Parliament could not extract money from the colonies without their consent. The constitutional principle involved being, of course, that of taxation without ...


6

Such concern likely existed, and there is evidence of some cursory discussion to that effect during the proceedings of the Continental Congress. The rationale for creating a federal district with sole jurisdiction of the Congress was probably laid out best (among the surviving documents) by James Madison: The indispensable necessity of complete authority ...


6

Fairly early in the war Lincoln (actually one of his generals, but he endorsed the measure) took the position that human "property" in a rebellious state could be confiscated by Federal forces upon command, essentially as spoils of war. If the Federal government chose to employ these slaves as labor to help the army, or free them, that was the Federal ...


4

Fairly simply, the Federalists had a majority in both houses of Congress at the time, and held the Presidency. So they had the power to do it. They were suffering withering attacks from Jefferson and Madison's newly organized Democratic-Republican Party, which had just run its first presidential campaign in the previous cycle, and had developed its own ...


4

It was replaced under Article XIII of the Articles of Confederation, which stated: [T]he Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be ...


4

Short Answer: No, the colonists were not referring to a specific document. The colonists were referring to the fact that they believed it was beyond the powers of Parliament to tax them because the colonists did not have representation in Parliament. Long Answer: The American colonists were not referring to a specific document like the Magna Carta, or any ...


4

Before making statements about the US Constitution, I suggest reading it. The original Constitution said nothing about who does or who does not have the right to vote. Voting standards during the colonial and immediate post-colonial period were the same as those in Britain, which operated on a simple principle: whoever paid taxes was entitled to a single ...


3

Fascinating question. Revocation of voting rights of convicted Criminals is based on "civil death", which is explained further at PROCON. British common law gave the government the right to revoke voting rights. I'm not aware of the framers explicitly addressing the issue, but they did discuss a more democratic franchise. My recollection is that they ...


2

My first thought was that the legislative session for each one of these states ended right before July 1, however, a look at the National Conference of State Legislature's website showed that the legislature in each state adjourns at a different time, although these times could have been different in the late 60s. What appears most likely is that during the ...


2

The doors were kept open. On motion of Mr. M'KEAN, seconded by Mr. Smilie, — Ordered, That the doors of the Convention be left open during the session. The reasoning doesn't seem to be recorded in my source, http://www.constitution.org/rc/rat_pa.htm Evidently the session was a special case, as this is only recorded once, and references to the doors ...


1

To us, the Sedition Act may seem unthinkably contrary to American values. It did not seem this way to Federalists, so it should be no surprise that the Federalist majorities supported these bills. In fact, the Sedition Act seemed to many to be a liberal law: Ironically, the Sedition Act was actually a liberalization of the common law of seditious libel ...


1

Homer's Iliad describes some relationships between Greek military leaders and their peoples. For instance, it concerns How they divide the military loot. It seems they had some rules on what the king(s) may take and what is then distributed otherwise. For instance, king Achilles calls Briseis (a captured Troyan woman) "the most worthy gift to me from the ...


1

I'm actually not sure about the premise of the question. The main safeguard isn't Constitutional in the first place, but simply the memory of people who experienced the dictatorships. As far as Constitutional guarantees go, the Grundgesetz is actually fairly weak compared with the US Constitution. The main safeguard is a separation of powers, mostly modeled ...



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