Oct 25, 2006

OUTLINE

Rights and Ratification 
 
Day 2 
 
I.  The Bill of Rights 
  A.  Madison and the Bill of Rights 
    1. The tyranny of the majority  
    2. Proposed veto over state legislation 
  B.  The language of the Bill of Rights 
 
II.  How the Bill of Rights is applied 
  A.  Controversial issues 
  B.  Changing interpretations 
  C.  Newly claimed rights 
 
III.  Rights and the growth of government 
 
IV.  Rights and Responsibilities:  The individual and society

LECTURE NOTES

So because he wanted the constitution ratified, and the people wanted it he decided to support it.

James Madison gave in and decided to support a Bill of Rights. Originally he was opposed, later he thought it would be important to protect the rights of minorities

They said it is immoral for a minority to direct the majority (mob rule)

But there are certain rights that everyone should have that no majority should take away from minorities. Then the state majorities can't trample on minority's rights.

"Put simply, pure democracy is 2 coyotes and a sheep voting on whats for dinner"

Proposed veto over state legislation

- Madison's "Council of Revision"
- Rejected by convention, but eventually embodied in:
- presidential veto
- principle of judicial review

supreme court has the power of judicial review

the principle of judicial review was not important until 1803 in a case called "marbury vs madison"
(meaning that the supreme court was pretty weak until then)

3 principles in the amendments that aren't concrete: (the 3 oughts) (these relate to the bill of rights)
-Liberty of conscience
-Freedom of expression
-The right of privacy

How the Bill of Rights is actually applied

One aspect of the Bill of Rights has been in the courts recently:
"Amendment 5: No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

MEDIA CLIP: "Imminent Domain" Ware, New Hampshire
The constitution allows someone the opportunity to seize private homes for public use: "Imminent Domain"
Public use: railroad, airport, roads
But some people are being asked to leave their homes for commercial projects

Changing interpretations of rights:
+From freedom of religion to freedom from religion
+From freedom from search and seizure to the general right to privacy
+Shifts in meaning of freedom of expression (speech) based on new technology (internet, instant messaging, etc)

Amendment 4: The Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated

Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

The changes in our society have brought about newly claimed rights

MEDIA CLIP: John Kerry vs Bush
-rights... constitution,
-rights... rights... rights...

Newly claimed rights:
rights to reparation from slavery
patient's rights
right to die
right to fair wage
right to privacy
right to clean air
right to choose
right to gay marraige
right to education
right to adequate housing
right to health care
right not to be discriminated against based on (race,religion,gender,sexual orientation)

Then there is the american obesity rights

MEDIA CLIP: American obesity
-do fast food makers have to pay for americans getting fat?

MEDIA CLIP: Consumerfreedom.com
-a man is fighting the obesity issue saying it is a person's own responsibility to decide what they eat

choice or responsibility
government's responsibility or the individual's responsibility

oaks: classic rights is a fusion of rights and responsibility
-we have been a rights focused country forgetting the responsibilities side of things

MEDIA CLIP: [hot coffee/mcdonalds story here]
-hot coffee from Mcdonalds burned her in her lap, she had to get skin grafts
-cyclist hit by a jeep when riding without lights is awarded 7 million

MEDIA CLIP: rights
-what happened to hard work, self-reliance, people cashing in with big cases
-people only care about rights, and not responsibilities anymore

MEDIA CLIP: shows students our age acting on the principle of responsibilities
-students doing community service
-more than 5000 students in universities are spending spring break doing community service
-Vanderbilt, students matching service opportunities with those willing to do service