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Module 1 Chapter 1 Terms and Cases. Terms – Chapter 1 American Revolution – accumulation of Enlightenment philosophical ideas about government. American.

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Presentation on theme: "Module 1 Chapter 1 Terms and Cases. Terms – Chapter 1 American Revolution – accumulation of Enlightenment philosophical ideas about government. American."— Presentation transcript:

1 Module 1 Chapter 1 Terms and Cases

2 Terms – Chapter 1 American Revolution – accumulation of Enlightenment philosophical ideas about government. American Revolution – accumulation of Enlightenment philosophical ideas about government. Deism – A religious philosophy held by many of the founding fathers. It holds that a supreme being created a universe which works like a clock but that the supreme being does not become personally involved. Deism – A religious philosophy held by many of the founding fathers. It holds that a supreme being created a universe which works like a clock but that the supreme being does not become personally involved. English Bill or Rights – Severely restricted the monarch’s control of parliament. No monarch could assume the throne without the approval of parliament. English Bill or Rights – Severely restricted the monarch’s control of parliament. No monarch could assume the throne without the approval of parliament.

3 Terms – Chapter 1 Great Compromise – Basically the US Constitution, 2 house legislature (one based on population, one with equal state representation. Reconciled interests of large and small states, deferred question of slavery. Great Compromise – Basically the US Constitution, 2 house legislature (one based on population, one with equal state representation. Reconciled interests of large and small states, deferred question of slavery. Magna Carta (1215) – Document signed by King John of England stating that he was subject to the approval of nobles and no one was above the law. Magna Carta (1215) – Document signed by King John of England stating that he was subject to the approval of nobles and no one was above the law. Masons – A society to which many of the founding fathers belonged. They believed in God but no particular God or religion. Many of their ideas are derived from Enlightenment philosophy and are found in the US Constitution. Masons – A society to which many of the founding fathers belonged. They believed in God but no particular God or religion. Many of their ideas are derived from Enlightenment philosophy and are found in the US Constitution.

4 Terms – Chapter 1 Natural Rights –Rights that individuals have by virtue of being human. The Declaration of Independence stated that such rights included “life, liberty, and the pursuit of happiness.” John Locke is the major advocate. Natural Rights are a major foundation of the Constitution. Natural Rights –Rights that individuals have by virtue of being human. The Declaration of Independence stated that such rights included “life, liberty, and the pursuit of happiness.” John Locke is the major advocate. Natural Rights are a major foundation of the Constitution. Separation of Powers – Checks and balances which assure that our three branches of government, legislative, judicial and executive has the power to limit the other branches so that no individual branch can abuse its power. Separation of Powers – Checks and balances which assure that our three branches of government, legislative, judicial and executive has the power to limit the other branches so that no individual branch can abuse its power. Virginia Plan. –Favored large population states. Proposal for a Constitution favored by the high population states. Called for an powerful legislative branch, executive chosen by the legislature, strong national government and representation based on population, two house legislature, Virginia Plan. –Favored large population states. Proposal for a Constitution favored by the high population states. Called for an powerful legislative branch, executive chosen by the legislature, strong national government and representation based on population, two house legislature,

5 Terms – Chapter 1 The New Jersey Plan. – Favored smaller population states. A plan to revise the Articles of Confederation. Favor equal representation for all states and a weak national government. The New Jersey Plan. – Favored smaller population states. A plan to revise the Articles of Confederation. Favor equal representation for all states and a weak national government. Tabular Rasa – John Lock’s view that every one is born with a clean slate. Tabular Rasa – John Lock’s view that every one is born with a clean slate. Scholasticism – Advocated proving the existence of God thru rational means. Scholasticism attempted to reconcile the philosophy of the ancient classical philosophers with medieval Christian theology. Scholasticism – Advocated proving the existence of God thru rational means. Scholasticism attempted to reconcile the philosophy of the ancient classical philosophers with medieval Christian theology. Utilitarianism – Philosophy based on practice use and the betterment of mankind thru enlighten self interests. What is good for one is good for all. Utilitarianism – Philosophy based on practice use and the betterment of mankind thru enlighten self interests. What is good for one is good for all.

6 Module 1 Cases Chapter One deals with Constitutional background and, therefore, no Supreme Court cases apply to this chapter. Two pre constitution British cases however are relevant. Chapter One deals with Constitutional background and, therefore, no Supreme Court cases apply to this chapter. Two pre constitution British cases however are relevant.

7 Module 1 Cases Somerset v Steuart 1772 Somerset, an African who accompanied his American owner to England, escaped, was recaptured and sued successfully for his freedom. This was the British landmark trial that led to the end of Human Slavery in the British Empire. Somerset, an African who accompanied his American owner to England, escaped, was recaptured and sued successfully for his freedom. This was the British landmark trial that led to the end of Human Slavery in the British Empire.

8 Module 1 Cases Preston Case and Soldiers’ trial 1770 Preston Case and Soldiers’ trial 1770 John Adams, in his old age, called his defense of British soldiers in 1770 "one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country." That's quite a statement, coming as it does from perhaps the most underappreciated great man in American history. John Adams, in his old age, called his defense of British soldiers in 1770 "one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country." That's quite a statement, coming as it does from perhaps the most underappreciated great man in American history.

9 Module 1 Cases The day after British soldiers mortally wounded five Americans on a cobbled square in Boston, thirty-four- year-old Adams was visted in his office near the stairs of the Town Office by a Boston merchant, James Forest. "With tears streaming from his eyes" (according to the recollection of Adams), Forest asked Adams to defend the soldiers and their captain, Thomas Preston. Adams understood that taking the case would not only subject him to criticism, but might jeopardize his legal practice or even risk the safety of himself and his family. But Adams believed deeply that every person deserved a defense, and he took on the case without hesitation. The day after British soldiers mortally wounded five Americans on a cobbled square in Boston, thirty-four- year-old Adams was visted in his office near the stairs of the Town Office by a Boston merchant, James Forest. "With tears streaming from his eyes" (according to the recollection of Adams), Forest asked Adams to defend the soldiers and their captain, Thomas Preston. Adams understood that taking the case would not only subject him to criticism, but might jeopardize his legal practice or even risk the safety of himself and his family. But Adams believed deeply that every person deserved a defense, and he took on the case without hesitation.

10 Module 1 Cases The Preston case came to trial in the Queen Street courthouse in October. Adams, and his young assistant, Josiah Quincy, defended Preston against a prosecution team comprised of Josiah's brother Samuel and Robert Paine. Adams succeeded in casting grave doubt as to whether Preston ever gave orders to shoot, and the Boston jury acquitted the captain. The Preston case came to trial in the Queen Street courthouse in October. Adams, and his young assistant, Josiah Quincy, defended Preston against a prosecution team comprised of Josiah's brother Samuel and Robert Paine. Adams succeeded in casting grave doubt as to whether Preston ever gave orders to shoot, and the Boston jury acquitted the captain.

11 Module 1 Cases More detailed records exist for the Soldiers' trial, which commenced on December 3. Adams presented evidence that blame for the tragedy lay both with the "mob" that gathered that March night and with England's highly unpopular policy of quartering troops in a city. More detailed records exist for the Soldiers' trial, which commenced on December 3. Adams presented evidence that blame for the tragedy lay both with the "mob" that gathered that March night and with England's highly unpopular policy of quartering troops in a city.

12 Module 1 Cases Adams told the jury: "Soldiers quartered in a populous town will always occasion two mobs where they prevent one." He argued that the soldier who fired first acted only as one might expect anyone to act in such confused and potentially life-threatening conditions. "Do you expect that he should act like a stoic philosopher, lost in apathy?", Adams asked the jury. "Facts are stubborn things," he concluded, "and whatever may be our inclinations, or the dictums of our passions, they cannot alter the state of facts and evidence." Adams told the jury: "Soldiers quartered in a populous town will always occasion two mobs where they prevent one." He argued that the soldier who fired first acted only as one might expect anyone to act in such confused and potentially life-threatening conditions. "Do you expect that he should act like a stoic philosopher, lost in apathy?", Adams asked the jury. "Facts are stubborn things," he concluded, "and whatever may be our inclinations, or the dictums of our passions, they cannot alter the state of facts and evidence."

13 Module 1 Cases The jury acquitted six of the eight soldiers, while two (Montgomery and Killroy) were convicted of manslaughter and branded on their thumbs. The jury acquitted six of the eight soldiers, while two (Montgomery and Killroy) were convicted of manslaughter and branded on their thumbs.


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