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The Philosophy of the Constitution
The Philosophy of the constitution is broken down to make understanding it easier, using notes given to me by my S.S. teacher.
23
History
7th Grade
06/04/2009

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Term
Fuedalism
Definition
is basically a form of political organization in which  a lord gave land to other men in return for military and other service.
Term
The rights of Englishmen
Definition

1. The right to trial by jury.

2. Security in one's home from unlawful entry.

3. No taxation without consent.

Term
Magna Carta(1215)
Definition
Important document that was signed after the struggle betwen the barrons and one of King WIlliam the Conqueror's succeessors. The barrons won and in June 1215 they forced him to sign the Magna Carta-Great Charter.
Term
Government should be based on the rule_______
Definition
of law
Term
Due process of law
Definition
No government could take action against thoseit governed except by settled and generally accepted procedures and rules.
Term
Government should be based on an agreement or contract between the ruler and _________
Definition
the people to be ruled
Term
In the 14th Century parliment in England divided into two parts;__________and________.
Definition

The House of Lords(representing the intrests of the nobility).

The House of COmmons(which represented who possessed wealth and statue,eg. knights or wealthy merchants).

Term
Petition of Right(1628)
Definition
Charles I was forced to sign the P of R by Parliment after fundraising illegally. The Pof R thus stregthened the idea that English subjects enjoyed certain fundamental rights that no government could violate.
Term
English Bill of Rights
Definition

1. Limited the power of the monarch

2. Provides for trial by jury

3. Prohibition against cruel and unusual punishment

4. Right to petition Government

5. Right to bear arms for personal defense-protestant only

Term
Glorious Revolution(1688)
Definition
A bloodless revolution that was the result from a struggle between king and parliment.
Term
Three constitutional principles that greatlyu influenced our Bill of Rights and the Glorious Revolution
Definition

1. Rule of Law- restated the old idea that legitimate governmet must be according to the rule of law. Both the government and the governed must obey the laws of the land.

2. Parliamentary Supremacy-Parliment was established as the highest law in the land.

3. Government by contract and consent-confirmed the ide\a that government is based on a contract between the rulers and those who are ruled.

Term
Renaissance
Definition
emphasized individual activity and creativity
Term
Reformation
Definition
emphasized the relationship between the individual believer and God
Term
The rise of nation to states
Definition
stimulated new thoughts about government and rights
Term
Capitalism
Definition
translated this new spirit into economic opportunity. More individuals  could compete on an equal footing and hope to improve their place in society.
Term
The Natural Rights Philosophy, major ideas associated with this philosophy
Definition

-State of Nature

-Law of Nature

-Natural Rights

-Consent

-Social Contract

Term
Enlightenment
Definition
New discoveries and ideas put an end to medieval civilization.
Term
John Locke(1632-1704)
Definition
-most influence on the thinking of the Founding fathers was the English philosopher.
Term
Human Reason
Definition
Instead of being guided by superstition and fear,thought was now characterized by a faith in Human Reason.
Term
Jean-Jacques Rousseau(1712-1778)
Definition
His book the Social Contract became the bible for the French Revolution. He emphasized that each member of a society foreits a certain amount of personal freedo for the greater good of the whole and that the ruler has huge responsibilities to the people. He believed in equality wich he saw as essential in a well ordered society.
Term
Montesquieu(1689-1755)
Definition
A French philosopher who died before the American Revolution but he was influential because  he argued for separation of govermental powers into executive, legislative, and judicial bodies.
Term
Natural Rightsa philosophy
Definition
is based on imaging what life would be like if there were no government.
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