MGMT 211 1nd Edition Lecture 2Outline of Last Lecture I. IntroductionII. Sources of LawIII. Classification of LawOutline of Current Lecture I. Introduction to ConstitutionII. History of the Constitution’s CreationIII. Constitutional InterpretationIV. Major Business Provisions of the ConstitutionCurrent LectureChapter 1: Introduction to Law and Sources of Lawa. Substantive Law and Procedural Lawi. Substantive – what a law is; defines rights and duties1. EX: what murder is defined asii. Procedural – process of a law; defines procedural means to enforce established by substantive law1. EX: how you would be charged with murder2. EX: Miranda Laws are proceduralb. 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 something1. Only available if legal remedies are not sufficient2. Injunction – a court order to NOT DO something3. Specific Performance – court order to DO somethingChapter 2: Constitutional LawThese 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 ConstitutionA. Supreme Law of the Land1. Most important law in the USa. Originally US was ruled by Articles of Confederation1) Replaced by the ConstitutionB. Establishes a federal system, federalism1. Establishes three branches of the national governmenta. Executive (the President)b. Judicial (the Courts)c. Legislative (Congress)2. Divides Power between National and State Governmentsa. National Government is limitedb. Reserved Powers Clause1) 10th Amendment2) Reserves non-national powers to States or individualsC. Defines the relationship between citizens and the governmentD. Limits the National GovernmentE. Gives the National Government the power to regulate business (Commerce Clause)1. Major importance to this classII. History of the Constitution’s CreationA. Colonial Time Period1. Originally, Colonists were loyal British citizensa. Were given great latitude to self govern1) Virginia’s House of Burgess was established2) System worked for 140 yearsb. System began to fail in the mid 1760sc. 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 valley2) Very expensive for the British3) British were going to make Colonists pay with series of taxes, but the colonists felt this was unfair4) By now each colony had its own fundamental lawd. Colonists’ fundamental law rejected several British traditions1) Feudalism2) Rigid class system3) Guild and craft system4) Absolute authority of the King5) 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 Warf. Series of taxes upset colonists, felt this was oppressive1) Sugar Act of 1764 taxed sugar wine, coffee, and most products imported to the Colonies2) Stamp Act of 1765 taxed all paper goods3) Quartering Act required colonists to quarter soldiers in their homes and at their expenseg. Especially hard feelings in New England1) Sons of Liberty organized violent, terrorist like protestsa) Burned the Colonial Governor’s homeb) Threatened the tax agents of the British Gov.2) Boycotts of British goods began2. Led to the first steps toward independence3. In 17702 American Colonies were becoming disgusted with Englanda. British empire was most powerful country in the worldb. British were passing the cost of the French and Indian war to the colonists and they didn’t like it4. Colonists reacted to this with the Stamp Act Congress in 1765a. Nine of thirteen colonies met in NYCb. Drafted a detailed list of violations of their fundamental rights that were being ignored by the Britishc. First unified meeting of the colonistsd. British response was more taxes5. Townshend Actsa. Was a harsher tax that included teab. Colonists responded by boycotting tea6. Boston Massacrea. Unruly colonial mob to British soldiers were1) Taunting soldiers2) Throwing snowballs at troopsb. British opened fire1) Outside Boston Customs House2) Killed five colonists7. British responded to Boston Massacre a. Lifting taxes except on tea8. Colonists create the Committees of Correspondence in 1772a. Purpose was to keep other colonies informed of the British activitiesb. Became a very powerful tool to mold colonists’ minds against British9. Tea Act of 1773a. British response to the Committees of Correspondenceb. Leads to the Boston Tea Party10. King George’s response was the Coercive Actsa. Called the Intolerable Acts by the colonistsb. More taxesc. Naval blockade of Boston harbor1) Denying Boston necessary foodstuffs2) Economic burden on Bostond. Sent 4000 more troops to Boston11. Colonist’s response was to form the First Continental Congressa. Purpose to discuss further relations with the mother countryb. Result was unity in coloniesc. Tried one more time for peace, King rejected demandsB. The Revolutionary War1. War actually began between Colonist and British on April 19, 1775a. Lexington and Concord Massachusettsb. “Shots heard round the world”2. Second Continental Congressa. Colonists still met kin Philadelphia in May asking King to end the hostilitiesb. King’s response was to 1) Send 20,000 more troops into Boston2) Label all delegates to the Second Continental Congress as traitors subject to death3. Thomas Paine published Common Sensea. Very popularb. Pushed Colonists against reconciliation with British4. Declaration of Independencea. By May 1776, independence was openly talked in the Second Continental Congressb. On June 4, 1776, Richard Henry Lee of Virginia entered a resolution calling for Independencec. On July 4, 1776, Declaration of Independence was passed1) Based on Lee’s Resolution2) Written by Thomas Jefferson5. The actual wara. Declaring independence and winning it were two different thingsb. Colonists had no army or navy while the British had the finest army and navy in the worldc. Troops1) British about 400,000 in the colonies2) Colonists about 50,000d. Long, bitter war e. George Washington was appointed as Commander In Chief for the war by the Continental Congress6. Independence wona. British surrendered at YorktownC. Articles of Confederation1. Colonies needed some form of government2.