CJ 110 Lecture Notes - Lecture 4: United States Constitution, Incorporation Of The Bill Of Rights, Montesquieu
Document Summary
Signed 1787, outlined responsibilities between federal and state government. Duties: raised army, treaties/alliances, represent to foreign powers, coin money. Continental congress called to revive articles (bc it was too limiting, too weak)-led to whole new structure of national government. Important leaders who helped shape us government include: john locke, montesquieu, david. Separation of powers-separate but equal departments of government. Us supreme court established legal principles; distinguishes between state and federal powers. Anything not assigned to federal government is state s responsibility. Before 1890s, bill of rights only applied to federal govt; today, most of it applies to state government. Incorporation doctrine of bill of rights is how american courts have applied parts of us bill of. Strict constructionism- legal philosophy of judicial interpretation that limits or restricts judicial interpretation. Requires a judge to apply the text only as it is written: once the court has a clear meaning of the text, no further investigation is required.
