Week 5 Vocab
A branch of philosophy that deals with values relating to the nature of human conduct and values associated with that conduct
Ethics
If an act is legal, then it is moral
Positive Law
Also known as entitlement
theory; everyone has a set of rights, and it
is up to the government to protect them
Rights Theory
Powers expressly given to the national government by the Constitution
Delegated Powers
Can signify that Congress does not want a law on the
matter
Silence of Congress
A written document establishing the structure of the government and its relationship to the people
Constitution
All behavior is ethical under this standard
Absent illegality
We should act in our own self-interest and only judge ourselves
Ethical Egoism Theory
Powers that are held by both the national and state government
Shared Powers
A strict constructionist view of the Constitution; believes its purpose is to state fundamental principles
that don’t change over time
The Bedrock View
Provides protection for corporations, as well as individuals
Higher standards of conduct, must be followed even if against codified law
Natural Law
Standards should be based upon the circumstances, and there should not be predefined standards
Moral Relativists
The power to regulate for the general welfare, health,
safety and morals of the people
Police Power of the States
Our interpretation of the Constitution should change to reflect an evolving society
The Living-Document View
This classification distincts in business regulation, right to work, and right to enjoy property on the basis of race, national origin, or religion are invalid
Improper Classification
We cannot use others in a way that gives us a
one-sided benefit, everyone must operate under the same usage laws
Kant's Categorical Imperative
We should do the good for the most amount of people
Utilitarian Theory
There are certain things that the state and national
government are prohibited from doing
Prohibited Powers
What became a General Welfare Power
The Commerce Power
This classification depends on whether it bears reasonable relation to the wrong being remedied
Reasonable Classification
Locke and Rawls’ theory of justice/social contract, universal standards developed that result in fairness
The Contractarians and Justice
Resolving ethical dilemmas requires training
Plato and Aristotle, Virtue Ethics
The two financial/federal powers
The Taxing power and the Spending Power
Occasionally the government departs from the requirements of the Constitution
Amendment by Practice