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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 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.
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 day is Sewards' day in Alaska?
Last Monday in March
How is a theory diffrent from a law?
A law is a description of a naturally occurring phenomenon, whereas a theory attempts to explain a law.
Is the Archimedes Principle a theory or a law?
It was a law not the theory because this principle has also proved by him.
How does a scientific law and a scientific theory relate?
A theory explains how something works - a "law" is just a thumb nail description of a theory.
Why is ozone depletion a theory and not a law?
Ozone depletion is a theory. It is not a law because it is not passed to government.
