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there's this need to have something that is higher than people.

john lockes
surrender of the rights there was a condidition. The govt shall perform
the power, promote the general welfare./serve the common good If the govt fails
to do that
the people reserve the right to the power of revolution
hobbes was advocating for an absolute authority-state of nature. warlike.
locke disagreed-man as rational. people only needed to surrender part of their l
iberty.
Rosseau-we agree between ourselves that there should be a law and we agree among
ourselves.
how do we limit the power of the gov't-establish a constitution.
the state has the power to take our life.
however before the state can do that. no person shall be deprive,.. with out due
process.
constitutional interpretatation- we give meaning to the constitution, to the pro
vision of the constitution
textualisM- francisco jr. vs house of rep.
verba legis- give the provisions of the constitution plain and ordinary meaning.
we don't complicate the words or paragraphs
unless technical terms are given.
what justifies verba legis?
it was at the consciousness of the framers the one that drafted the constitution
that they use, they were really thinking that
this words are understood by the people. that was the thinking of the framers. i
f we have to interpret the constitution
we have to take a look at the words first and give it its plain and ordinary mea
ning. HOW THE THOUGHT OF THIS WORDS BE GIVEN ORDINARY AND PLAIN MEANING.

ratio legis est anima- we should look at the intent of the framers.
is only actually facet of a more broader origalism.
2 facets
original intent of the framers-civil liberties union. if we cannot get the meani
ng through looking at the words, we have to look for the intent
of the framers. we consult the records of the deliberations of the constitutiona
l commission.
the problem with the approach is,do not reflect the entire intent of the body. y
ou will only minority who participitated in the deliberation.
what you will see is the personal opinion of the those who were present. that's
the problem there.
original understanding of the people-
how the constitution was understood by the people at the time they voted for it.
how do we know there is understanding- we presume. what the framers intended it
is presumed the people understand.
there is a campaign. good ways on getting the understanding of the people.
civil liberty union case actually is the basis. if there appears to be a conflic
t between the deliberation and the understanding of the people,
civil liberty union is the basis it should be the understanding of the people sh
ould prevail. (case of estrada)
initiate- filing of the complaint + the house of reps acting on it. (VACCINE COM
PLAINT)
noble intention the the bar- to avoid harrasment