English Philosophers
Which Philosopher had the idea of giving up regular freedoms for the protection of government?
John Locke
What is the necessary and proper clause?
Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof."
what is the state of nature?
the hypothetical life of people before societies came into existence.
what is full faith and credit?
Section I of the Constitution, that state courts respect the judgments of courts from other states
what is the declaration of independence?
it allowed the people to pick their own government.
which Philosopher had the mindset of monarchy, or the same British mindset?
Thomas Hobbes
why does it help?
allow Congress to decide whether, when and how to legislate for "carrying into execution" the powers of another branch, and at the same time intended to respect and reinforce the principle of separation of powers.
why is state of nature needed?
it is to understand how humans would be without government.
what is its use?
all states had a court, so it was needed.
why was it needed?
it was needed because it helped with state of nature, and controlled humans.
Baron de Montesquieu believed in what Basic types of Government?
The Spirit of Laws, and different branches
who had disagreed with the clause?
the Antifederalists
what makes state of nature so controversial?
it is because there are many different views on what could happen to humans.
how did it effect the states themselves?
State courts may almost always apply their own procedural rules, including their own statutes of limitations, but there are times when a state's substantive law should give way to the substantive law of another state
why was the declaration of independence controversial?
it had fought the idea of slavery, and had many people connected with the articles of confederation.
Who wanted the improvement of emotion and reason for human development, as well as difference of man and woman?
Jean-Jacques Rousseau
why was this so important to the federalists?
it had improved their chances of having more federalism within the states.
what does Hobbes think of state of nature?
He thinks that state of nature is chaotic and humans will not survive long with no rule.
when was it made?
May 26, 1790.
who was against it?
there were many anti federalists that were against it.
State of Nature and rights/freedoms
why is it used today?
it solves many criminal cases, and settles the power between branches.
why does Locke believe that men live in state of nature perfectly?
he believes that they live in perfect freedom and equality as state of nature is seen as natural.
it has been in effect since 1790.
who made the declaration of independence?
Thomas Jefferson, Benjamin Franklin, John Adams, Robert R. Livingston, Roger Sherman were the main people who made it.