POLI 2342 Lecture Notes - Lecture 10: Excessive Bail Clause

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30 May 2018
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English Bill of Rights ā€¢
glorious revolution!ā—¦
removed one king and peacefully removed another!ā€£
identify the wrongs of the crown, what free people should watch out for!ā—¦
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lesson on how despotisms arise and how to ļ¬ght them!ā€¢
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ļ¬lled with ideas and principles that would be familiar in the constitution !ā€¢
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reference to prerogative!ā€¢
staging arms in times of peace!ā—¦
manipulating judicial system!ā—¦
excessive bail!ā—¦
cruel and illegal punishments!ā—¦
leving money for purposes not prescribed by Congress!ā—¦
discriminating against protestants!ā—¦
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preventing the king from suspending the law!ā€¢
spending money not authorized -> modern precedents!ā—¦
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the Bill of Rights established the fact that the people can settle the crown on someone other ā€¢
than the heir!
this provision is a way of making the executive safe!ā—¦
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every government needs an executive, needs someone to be able to replace him!ā€¢
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explain why its necessary for people to determine succession in this way!ā€¢
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in addition to protests, it asserts the right to choose the executive!ā€¢
choose someone of the masses choosing!ā—¦
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foreshadowing Locke's second treatise!ā€¢
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Massachusetts Body of Liberty!
took the court 3 years to decide on this!ā€¢
had entire thing read once a year!ā—¦
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written by Reverend John Norton!ā€¢
collection of arrangements on how the government should work and what standards it ā—¦
should be held to!
no man's life may be taken unless under the law -> barrier to arbitrary rule!ā€£
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if the king might indulge in arbitrary law, others might too!ā€¢
it is best to guard against this !ā—¦
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any inhabitant enjoys the same law!ā€¢
town is not open to everyone!ā—¦
but it is a part!ā€£
sailors hanging in foreign ports!ā€£
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