Property Rights/Taxation/Natural Rights
What is Property?
Earth given to mankind “in common.” Property of the self and labor.
What do the terms “Lex Rex” and “Rex Lex” mean?
Lex Rex: the law is over the King
Rex Lex: the King is over the law
What is Political power?
The right to make laws and impose corresponding punishments
What does Sidney believe about the right to rule?
It's based on the consent of the governed, but he claims that the people rarely elect the most meritorious leaders.
What is the The state of nature?
No government holds political power, all men created equal. Obey the laws of nature and its maker.
What did Blackstone believe about property rights?
He believed that individuals have a God-given right to security in life, personal liberty, and private property.
Which Common Law rights were transferred from England to America?
Right to property (jura rerum), right of persons (juris personarum), right to trial by jury, taxation only by the people’s consent, and protection from cruel and unusual punishment.
What are the Origin and ends of political society?
Man voluntarily gives up his natural liberty to unite to one political community led by the majority.
What are the themes in Bacon’s writing?
Justice, power, enforcement of the magna carta.
What is Judicial precedent?
Judicial decisions made in prior cases.
What does Rei Vindicatio mean, and what does it do?
“Claim of the subject,” protects an owner's right to recover property wrongfully possessed by another person and reinforces private property ownership rights
What is the relationship between judicial precedent, common law, and stare decisis?
Judicial precedent is the judicial decisions made in previous cases, and stare decisis means that those prior decisions hold significant weight.
What prevents tyranny?
The supremacy of common law.
How did Edward Coke’s judicial philosophy shape the institutional structure of the U.S. Constitution?
It established that governing bodies are bound by common law, and that the supremacy of common law would prevent tyranny.
What key point means “to stand by things decided?”
Stare decisis
What view on taxation came up with the Sugar Act of 1764?
John Hamden’s view: taxation required the consent of representatives. This influenced colonial resistance and contributed to the principle of “no taxation without representation.
How did the Napoleonic Code impact modern law?
Laid the foundation for many modern civil law systems, emphasizing written, codified law.
How did the English Bill of Rights change the king’s role?
Made his power conditional on obeying the law and the parliament, law prevented the king from interfering with the judicial and legislative branches, and parliament was allowed to pass individual pieces of legislation.
What events led to the creation of the Petition of Right?
King Charles attempted to implement heavy taxation on imported goods to recoup losses from the Thirty Years’ War. After Parliament declined to approve the taxation, King Charles I dissolved Parliament.
What term means “you have the body.”
Writ of Habeas Corpus.
What do Sidney’s Discourses Concerning Government claim?
Men are born free. Free choice determines natural rulers.
The right of rule is based on the consent of the governed. People rarely select the most meritorious leaders.
The right to overthrow the government
What is the relationship between common law and judicial activism as well as civil law and judicial restraint
Common law involves deciding moral issues based on precedent, aligning with judicial activism, while civil law involves strict adherence to the law, aligning with judicial restraint.
How does political society begin?
When people voluntarily give up natural liberty to unite as a political community led by the majority.
How did the Petition of Right define Common Law?
The Petition of Right defined common law as the source through which all rights are obtained.
What amendments go with due process?
4 and 15