MGMT 211 1nd Edition Lecture 2 Outline of Last Lecture I Introduction II Sources of Law III Classification of Law Outline of Current Lecture I Introduction to Constitution II History of the Constitution s Creation III Constitutional Interpretation IV Major Business Provisions of the Constitution Current Lecture Chapter 1 Introduction to Law and Sources of Law a Substantive Law and Procedural Law i Substantive what a law is defines rights and duties 1 EX what murder is defined as ii Procedural process of a law defines procedural means to enforce established by substantive law 1 EX how you would be charged with murder 2 EX Miranda Laws are procedural b Equitable and Legal Remedies England had two court systems one for legal and one for equitable remedies i Legal Remedies monetary remedies more common than equitable remedies ii Equitable Remedies a court order to do or not do something 1 Only available if legal remedies are not sufficient 2 Injunction a court order to NOT DO something 3 Specific Performance court order to DO something Chapter 2 Constitutional Law These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute I Introduction to the Constitution A Supreme Law of the Land 1 Most important law in the US a Originally US was ruled by Articles of Confederation 1 Replaced by the Constitution B Establishes a federal system federalism 1 Establishes three branches of the national government a Executive the President b Judicial the Courts c Legislative Congress 2 Divides Power between National and State Governments a National Government is limited b Reserved Powers Clause 1 10th Amendment 2 Reserves non national powers to States or individuals C Defines the relationship between citizens and the government D Limits the National Government E Gives the National Government the power to regulate business Commerce Clause 1 Major importance to this class II History of the Constitution s Creation A Colonial Time Period 1 Originally Colonists were loyal British citizens a Were given great latitude to self govern 1 Virginia s House of Burgess was established 2 System worked for 140 years b System began to fail in the mid 1760s c Ties to the Crown were weakening due to 1 French and Indian War 1756 1763 a Fought over the land from Western Pennsylvania to the Ohio river valley 2 Very expensive for the British 3 British were going to make Colonists pay with series of taxes but the colonists felt this was unfair 4 By now each colony had its own fundamental law d Colonists fundamental law rejected several British traditions 1 Feudalism 2 Rigid class system 3 Guild and craft system 4 Absolute authority of the King 5 Compulsory tithing to the church of England tax e Series of taxes on the Colonists began to force the Colonists to pay for the French and Indian War f Series of taxes upset colonists felt this was oppressive 1 Sugar Act of 1764 taxed sugar wine coffee and most products imported to the Colonies 2 Stamp Act of 1765 taxed all paper goods 3 Quartering Act required colonists to quarter soldiers in their homes and at their expense g Especially hard feelings in New England 1 Sons of Liberty organized violent terrorist like protests a Burned the Colonial Governor s home b Threatened the tax agents of the British Gov 2 Boycotts of British goods began 2 Led to the first steps toward independence 3 In 17702 American Colonies were becoming disgusted with England a British empire was most powerful country in the world b British were passing the cost of the French and Indian war to the colonists and they didn t like it 4 Colonists reacted to this with the Stamp Act Congress in 1765 a Nine of thirteen colonies met in NYC b Drafted a detailed list of violations of their fundamental rights that were being ignored by the British c First unified meeting of the colonists d British response was more taxes 5 Townshend Acts a Was a harsher tax that included tea b Colonists responded by boycotting tea 6 Boston Massacre a Unruly colonial mob to British soldiers were 1 Taunting soldiers 2 Throwing snowballs at troops b British opened fire 1 Outside Boston Customs House 2 Killed five colonists 7 British responded to Boston Massacre a Lifting taxes except on tea 8 Colonists create the Committees of Correspondence in 1772 a Purpose was to keep other colonies informed of the British activities b Became a very powerful tool to mold colonists minds against British 9 Tea Act of 1773 a British response to the Committees of Correspondence b Leads to the Boston Tea Party 10 King George s response was the Coercive Acts a Called the Intolerable Acts by the colonists b More taxes c Naval blockade of Boston harbor 1 Denying Boston necessary foodstuffs 2 Economic burden on Boston d Sent 4000 more troops to Boston 11 Colonist s response was to form the First Continental Congress a Purpose to discuss further relations with the mother country b Result was unity in colonies c Tried one more time for peace King rejected demands B The Revolutionary War 1 War actually began between Colonist and British on April 19 1775 a Lexington and Concord Massachusetts b Shots heard round the world 2 Second Continental Congress a Colonists still met kin Philadelphia in May asking King to end the hostilities b King s response was to 1 Send 20 000 more troops into Boston 2 Label all delegates to the Second Continental Congress as traitors subject to death 3 Thomas Paine published Common Sense a Very popular b Pushed Colonists against reconciliation with British 4 Declaration of Independence a By May 1776 independence was openly talked in the Second Continental Congress b On June 4 1776 Richard Henry Lee of Virginia entered a resolution calling for Independence c On July 4 1776 Declaration of Independence was passed 1 Based on Lee s Resolution 2 Written by Thomas Jefferson 5 The actual war a Declaring independence and winning it were two different things b Colonists had no army or navy while the British had the finest army and navy in the world c Troops 1 British about 400 000 in the colonies 2 Colonists about 50 000 d Long bitter war e George Washington was appointed as Commander In Chief for the war by the Continental Congress 6 Independence won a British surrendered at Yorktown C Articles of Confederation 1 Colonies needed some form of government 2 Resulted in Articles of Confederation a Idealistic yet wholly dysfunctional document b State Dominated c