paradox of democracy
idividual liberty must exist with common good
classical liberal tradition
people of different viewpoints pushing towards liberal democracy
state managed economy with no personal or political liberty
state managed economy with political liberty. redistribution of wealth
state intervenes to provide economic security. political and personal liberty. equal opportunity and government regulation.
state intervenes to maintain fairness in competition. political and personal liberty. emphasis on individual responsibility.
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state has minimum involvement in economy. minimal regulation.
state intervenes to provide economic security and protect ‘traditional’ values.
society with large middle class. very rare.
Confirmation of Charters
1297 CE. king must have consent of nobility, townspeople, and church when taxing.
1215 CE. king subject to rule of law and bound by contracts. free people must have lawful judgement to be captured, imprisoned, or exiled.
Petition of Right
1628 CE. no freeman to be forced to pay taxes unless following Parliament. no quartering of soldiers or sailors.
English Bill of Rights
1689 CE. king cannot suspend laws or execute people w/o consent of Parliament. right to petition king. king cannot have own army or interfere w/ elections. freedom of speech in Parliament. no cruel or unusual punishment. impartial juries.
humans are inherently evil so a virtue gov can’t exist.
humans act out of reason. right to rebel against gov
rejected social contract. said laws weren’t created by sacrifice but by evolution of law.
everyone should be assumed to be selfish.
causes self gov
national gov powers
Marbury v Madison
shared between national and state govs
state gov powers
full faith and credit clause
states must recognize marriage liscenses, drivers liscenses, etc from other states
privileges and immunities clause
states must treat ppl from other states equally
can’t go into other states to flee crimes in one state
McCulloch v Maryland
Gibbons v Ogden
states have no say in interstate commerce
all born and naturalized ppl are citizens