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HIST 308

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by: Audra Oul
Audra Oul
Long Beach State

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About this Document

Notes on What is the difference between law and order? What is the important provision of the U.S. Constitution? What is the structure of the constitution?
Law and Civilization
Martha Kadue
Structure of the U.S. Constituion
75 ?




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"I was sick all last week and these notes were exactly what I needed to get caught up. Cheers!"

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This 4 page Bundle was uploaded by Audra Oul on Sunday January 31, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 69 views. For similar materials see Law and Civilization in History at California State University Long Beach.

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I was sick all last week and these notes were exactly what I needed to get caught up. Cheers!



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Date Created: 01/31/16
Audra Oul Monday, January 25, 2016 HIST 308: Law and Civilization Defense attorney: defense is affluenza When he was 13, he had affluenza Showed no remorse 10 years in probation Societal value support how case went Juvenile held to the same standards Executive function of the brain-do not develop until early 20s e.g. maybe bungie jumping Societal value function to support probation Affluenza: sudden-wealth syndrome A civilization: What does Karl N. Liewellyn says is culture: United States Law United States Society -He writes in 1920s -His ideas of a need for order -Order-rules in a society -Law-government rule to maintain order in society Law-government rule to maintain in society A civilized way to resolve the dispute --Civilization is There are dispute resolutions-a factual dispute Law affect what you did today The societal norm affect what you did yesterday Some pretty long enforcement The word unreasonable depends on what is reasonable There are interest groups about tax payers subsidize for education There are issues with legalizing marijuana Doctors are to save people and not kill them Legislatures depends on how the laws should be going forward Is there a difference between law and order? Have rules existed without law? Law does not create order but maintain order Is there a law that requires to take notes in class? Incentive are positive enforcement or negative enforcement Vast majority is civil law-resolving disputes and having a set of rules Wednesday, January 27, 2015 What is the importance provision of the U.S. Constitution? Not enumerated-power to the people Not enumerated because it is not numbered Article I tells what can/cannot do A lot of things Congress can do --The Congress consists of a Senate and House of Representatives First Amendment-protects from overacting Right to vote Congress came to be Declaration of Independence List of grievances Demand to be recognized as equals Not a repudiation of England’s legal and political values Did not like king Instructions for judgment of the U.S. Sent to all royal ministers and make army troops Whole list of complaints Wanted to be recognized as equals Articles of Confederation Now what? Need to balance factions Power of individual states What Articles of Confederation did? Limits The states were really regarded Rhode Island Virginia No one wanted to give up what they wanted States have larger population States have a larger trade British have balance between king and House of Commons Gave federal government to negotiate treaty Enough to create a nation to recognize --Constitutional Convention of 1787: 6 years later in 1787, the Congress later called for each state has its own constitution Each constitution has a new idea They meet in Philadelphia Prosper: if the state has a stronger structure It is looking to see how states are underrepresented The House of Representative are based on population Not just looking at the voting population Congress have different factions—different interests Constitution did not want to risk tyranny to have too much power to control government but need power to the state. What does U.S. Constitution do? Structure of federal government Three branches Federal-state relationship Relationship between people and their government Justice John Paul Steven Justice Sandra Planner As justice spoke of the constitution, the constitution is 90% could vote were slaves The 20 little pages of constitution for the students of Pennsylvania There is standard to persuade 5 members out of the 9 members in the court Brown vs. Education overruled Plessy v, Ferguson Something can unanimously concluded but not valid It is both wrong and harmful It rarely happens Separation of powers between the three: president, Congress, and the Judiciary There is tension Groups and innovation-establish the three branches of government Had to legislate to both houses and the President to approve Process is tough Federalism respective power to the states and the national government States maintain most sovereign powers Created national government with limited powers --10 amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” Local affects how to run locally Best government close to its local government Washington D.C. is where Congress is close to Rights of individuals and problems of security Criminal offenses some related to criminal Fourth amendment is against unreasonable search and seizures A reasonable search is depended on circumstance It is reasonable search in time of peace It is unreasonable if it is about a terrorist blowing out a city “War Hysteria” country makes a mistake, Do not want that to happen to us, wrongful infringement on people’s liberty States may regulate abortion States involved presidential election e.g. Bush v. Gore Affirmative Case Action-courts handed down one person vote change decision Merits of the claim-most important to the judge Listen to them without prejudice Real reason came to conclusion under law Supreme Court give the reasons Based on values on humanity


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