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authorHolden Rohrer <hr@hrhr.dev>2020-09-09 10:33:13 -0400
committerHolden Rohrer <hr@hrhr.dev>2020-09-09 10:33:13 -0400
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parentaf9d07655a6acc46bb0b83bc91dd8907d1819eaa (diff)
read some stuff for Rich
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+FDR during a fireside chat recommended the American public to read and
+reread the constitution.
+
+Its language isn't particularly complex, but it is often deliberately
+ambiguous and increasingly settled by jurisprudence and precedence.
+Its context sometimes helps clear things up:
+- Notes kept by Constitutional Convention participants
+- Federalist papers
+- Correspondences of delegates and leaders
+- Anti-Federalist tracts
+
+Believed deeply in political theory
+- Social contract, government by the consent of the governed
+- Legitimacy for self-government from constitution
+- Wanted civil liberty (freedom except detriment to common weal)
+- Used written constitutions to ensure consent of governed
+
+Even anti-federalists were committed to republicanism and personal
+liberty.
+Both sides accepted political science and the multiple interests in
+government and the importance of preserving public opinion.
+Anti-federalists feared the absence of a bill of rights, "unrestrained
+power," and the possible development of an aristocracy, that helped make
+the Constitution a good compromise.
+
+- Happiness an important factor
+Social contract:
+ - People govern the people
+ - Didn't want to be "enslaved" by the British (Lockean analogy)
+ - Actual slavery was a huge compromise
+ - When James Madison's sealed notes released after 50 years,
+ (1788+50 -> 1840) it was revealed that huge compromises were
+ made for SC and GA.
+
+American Constitution is oldest national constitution in the world.
+- Essentially an usurpation of authority by the Phil. Convention
+- Incredibly stable, not even second convention because of worries about
+ weakening it
+ - Permanent in the minds of citizens
+ - State constitutions, by contrast, are unstable, long, and lightly
+ changed
+- Ambiguities that were left in constitution -> judicial leeway (room
+ for much more fluid changes than a constitutional amendment)
+- Tested by constitutional crisis of 1860 (civil war/secession)
+
+Democratic constitutionalism implies concerted effort of the citizens.