PHIL 165 Lecture Notes - Lecture 1: Textualism, Ex Post Facto Law, Antonin Scalia
Document Summary
Lecture 1 - scalia: nemo judex in causa sua - no president may pardon himself, chief justice presides over senate in impeachment trials of president (instead of vice president) Factions: people who hold views that are bad for the general individuals rights had those views be put in place nationwide. James madison: greatest danger to the people are the people: how to deal with factions: Liberty (can"t meet with each other: mitigating its effects, pure/direct democracy: smaller. Framers of the document, despite flaws in many areas, focused on balancing the rights of the majority and the minority. Have stood the test of time: george mason: no presidential counsel, 9th amendment: the enumeration of rights in the constitution does not imply that other rights are to be denied, often forgotten. Idiot: mental capacity of 3 yr old (literal), or makes lots of mistakes (figurative)
