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【正文】 ee Art. IV, Sec. 2). The 13th Amendment abolished slavery in 1865. –Federal vs. state application. Functions of the Constitution. ?More about individual rights. –The “Constitution’s protections of individual liberties apply only to the government。 private conduct generally does not have to ply with the Constitution. Only the Thirteenth Amendment, which prohibits slavery and involuntary servitude directly regulates private behavior.” ? Dean Erwin Chemerinsky Is A Constitution A Good Idea? ? The . Constitution both gives power to the government and limits the power of the government. ? Many countries have no written constitution. ? During the semester, we will discuss the benefits and liabilities of a Constitution. Some Preliminary Observations. ? The Constitution is difficult to change. – This is deliberate. See Article V. ? “[W]hy would a nation that rests legality on the consent of the governed choose to constitute its political life in terms of mitments to an original agreement – made by the people, binding on their children, and deliberately structured so as to difficult to change.?” ? Professor Laurence Tribe Some Preliminary Observations. ? Dean Chemerinsky notes that the framers of the Constitution made it difficult to change as a way of “preventing tyranny of the majority, of protecting the rights of the minority from oppression by social majorities. If the structure of government was placed in a statute, there might be an overwhelming tendency to create dictatorial powers in times of crisis. . . . Thus, a constitution represents an attempt by society to limit itself to protect the values it most cherishes.” Next Time ?Constitutional interpretation. ?How? ?By whom? 46
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