A Tale Of American Sovereignty (In Natural Law & Constitutional Law)

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4 years ago
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Episode #42
In this episode... Today we will be discussing the meaning of Sovereignty across time. From the Compact theory of individual sovereignty in Natural Law, to the development of government by consent in the English common law, the doctrine of sovereign immunity and the uniquely American concept of popular sovereignty as expressed in Constitutional law. This will include a gallop through early American history between 1787-1795 as our Founder's developed what is now our modern understanding of sovereignty of the several States and the people therein.
Such as the Citizen-State-Diversity Clause - U.S. Const. art. III, § 2, cl. 1 (1787)

The first major constitutional decision of the new Supreme Court:
Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793)

And the Eleventh Amendment that reversed it - U.S. Const. amend. XI. (1795)

We will also briefly diverge while we do one of my favorite mini-series on the show discussing Founding Fathers most people don't know, but everybody should. Today we look at John Jay who was our first Chief Justice of the Supreme Court . Appointed nearly 10 years before John Marshall became Chief Justice. Jay presided over the first foundational case 8 years before before the case all Con Law classes start with which is Marbury v Madison (1803)

â–º00:00 Introduction
â–º05:00 First Principles
â–º10:40 Government As Trusteeship
â–º18:30 Jefferson, John Locke, Natural Rights and Independence
â–º25:15 John Jay
â–º32:30 Chisholm v Georgia (1793)
â–º42:30 Eleventh Amendment

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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

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