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In the congressional debate of 1850 Willian H. Seward, a senator from NY and a strong antislveryite, argued that christian legislators must obey God's moral law. He appealed to excluding slvery in the territories to an even "higher law" than that of the Constitution.
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Why did the founders believe that a constitution should function as a type of higher law?
Well, it isn't a higher law. The only higher law is the Law of God, and He shall create his own laws that all people must follow or else fear His wrath in Hell.
What are the characteristics of the higher law of a constitutional government?
A principle that takes precedent over the laws of society.
What are characteristics that define a constitution as a higher law?
The Constitution is considered to be the "supreme law of the land". Therfore it is the highest law, always. Our judges and justices interpret the law the way it was meant to be understood by our founding fathers.
Which concept is central both to the Declaration of Independence and to Social Contract Theory?
The concept of natural rights is central to the Declaration of Independence and Social Contract Theory. This concept means that every person is born with certain rights that are not governed by law and can never be taken away.
Law shall have no retroactive effect?
Law has prospective (forward-looking) effect only. The reason for this is that people are entitled to have advance knowledge of the legality or illegality of their behavior before they engage in it. It is similar in theory to the Constitutional prohibition against ex post facto laws.
Senator William sewards doctrine that slavery should be excluded from the territories?
It is the principle of Higher Law.
Why can't a theory become a law?
A law cannot become a theory, as laws are higher in scientific hierarchy than theories. Theories may become laws when the evidence for their factuality proves that the theory meets all established requirements set forth by the theory. If at any point in the scientific method a theory is disproven for the criteria that it sets forth, it can never be considered a Law. The hierarchy is thusly: Hypothesis < Theory < Law.
What was referred to as Sewards Folly?
Sewards Folly was bought from Russia in the 1940s and is now the great big state of Alaska.
What are differentiate of theory and law?
A scientific theory is a well-substantiated explanation of a natural phenomenon that is supported by evidence and can be used to make predictions. It is a broad explanation that may encompass multiple related hypotheses. In contrast, a scientific law is a statement that describes a consistently observed behavior in nature but does not explain the underlying reasons for that behavior. Laws are usually more specific and narrow in scope compared to theories.
What is the Difference between imperative theory and pure theory of law?
command of sovereign sanctioned by punishments is law by imperative theory and law as legal science of norms is by pure theory of law.
How is law different from a theory?
A Theory is unproven, but Laws are proven. Theory becomes law after that theory is proven correct.
What comes first a law or theory?
The theory come first because without a theory there is nothing to make a law.
What did journalist call the Alaskan purchase?
Sewards Folly
Does a scientific law become a scientific theory?
A theory, when proven over time, can become a law. Example: Law of Gravity and Theory of Evolution
When was Pure Theory of Law created?
Pure Theory of Law was created in 1934.
What the similarities between law and theory?
Both law and theory are based on principles and guidelines that explain phenomena or govern behavior. They are established frameworks that are continuously refined through observation, testing, and revisions. Both aim to provide understanding and predictability in their respective fields of study.
What is the diffrence between scientific law and scientific theory?
A law is known to be true. There is no dispute about it. A theory is disputable. Gravity is a law, the Big Bang is a theory.
