Foundations of American Government

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1 Foundations of American Government Formation of the first governments of the 13 colonies Highly Influenced by: - Contracts, Juries, stare decisis English Tradition Natural rights: Consent of the governed: Limited Government: English Religion (mix of and ) What ideas influenced the first colonial governments? Hebrews- ( ) laws based on morals Greeks-( ) everyone participated directly (smaller society) Romans- ( ) elect people to represent you. People practice civic virtue. Promotion of the common good. Moral education. What influenced the colonists? Old English Documents -(1215) first document to limit the King s power Established Due Process -(1678) government must tell you what you are being held for and show evidence against you. - (1628) Government could not tax without consent; Government could not quarter troops - (1689) Parliament replaced dominant power of King (legislative supremacy); Trial by jury; No cruel and unusual punishment; Right to bear arms Montesquieu, published in 1748-It outlined his ideas on how government would best work there were three types of government: (ruled by a king or queen), a (ruled by an elected leader), and a (ruled by a dictator). He argued that the best government would be one in which power was balanced among three groups of officials-and idea he called. 1

2 Montesquieu s Political Contributions is the principle of dividing the powers of a government among different branches to guard against abuse of authority. A government of separated powers assigns different political and legal powers to the legislative, executive, and judicial branches. is the belief that all people receive fair and equal protection by the government through written law. Jean Jacques Rousseau 1762 Rousseau published, describes a just society in which liberty and legality are drawn from what he terms the general will. Society consists of a collection of free and rational beings living in a given community. Since only those individuals who are free and equal under the law can enter into a to form the general will, the general will becomes the moral force or authority, and in turn, the final arbiter of right and wrong. Rousseau s Political Contributions is the idea that people join groups, and these groups make a presence known as a society. A social contract is the compact that the people agree form rules and conditions for membership in their society. is the belief that all persons are entitled to equal rights and treatment before the law. occurs after people leave the state of nature. Signs of this transfer are: people act on rules of justice rather than on instinct, physical impulse is replaced by the voice of duty, and people consult reason rather than inclinations. By entering civil society people gain civil liberty and the legal right of property in what he possess. They also gain moral freedom, making people masters of themselves. John Locke He wrote in The government should be like a or agreement between the people and the ruler. He argued that did not reside in the state but with the people, and that the state is supreme, but only if it is bound by civil and what he called " " law. He believed that the people were entitled to such as life, liberty and the protection of their property. Locke s Political Contributions are rights that cannot be taken away from anyone, for example freedom of speech. are the belief that all persons, regardless of sex, race, ethnicity, age, etc., have the same rights as everyone else. A is a government that does not have absolute authority. is the political theory that governments gain their authority from their people. A government is not legitimate if the people do not give their consent. 2

3 Thomas Hobbes In 1651 wrote - argued that people were naturally and could not be trusted to. He believed that humans were basically creatures who would do anything to better their position. He stated each country was in a constant battle for power and wealth, a. Governments were created, according to Hobbes, to people from their own &. Hobbes s Political Contributions is the philosophy that government does not have absolute authority. Hobbes did not believe that that there should be many limits on government, but he did not think that a sovereign could do anything that would injure his or her subjects. is the philosophy regarding how humans would act in their most basic state without a civil government. Hobbes believed the state of nature in which man lived before the formation of society was founded on a savage selfishness, which drove man to obtain pleasure without concern for justice or mercy toward other men. The idea stems from Hobbes belief that in the state of nature, people were always at war with one another, a war of all against all. Each individual was endowed with the right to do anything they pleased and people were in constant fear for their lives. Origins of the Constitution The Declaration of Independence We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. The Declaration of Independence: The Grievances 1. Lawyer-like dissertation making the case against 2. without representation 3. Unjust 4. British soldiers 5. Abolition of colonial 6. Policy of The Declaration of Independence: The Statement of Separation 1. Announcing to the world that the colonists had no choice but to 2. Not only the colonists right, but their duty to change the government that 3. we mutually pledge to each other our Lives, our Fortunes, and our sacred honor. 3

4 The Rise of Republicanism 1. Colonists opposed to any strong in the colonies 2. Opposed to rule by the 3. Opposed to any permanent 4. Each state was seen as the and the only legitimate ruling force Articles of Confederation First functioning Government; Ratified in 1781; While is in progress Most real power with the Binding was a Lots of quarrelling between the Just Congress 1. (one house) 2. each State had representative 3. it took States to pass a law 4. it took States to approve a treaty or amend the Articles 5. No or 6. Could pass, make, declare &, borrow, and create a system Weaknesses of the Articles of Confederation 1. Congress couldn't require States to obey (no Judicial branch) 2. The central government has little power over 3. The Confederation has no effective. 4. Each state issues its own 5. The Confederation must ask states for to support the federal Government 6. Changes in the Articles require a vote of the thirteen, makes it impossible to change the constitution 7. At least states are required to decide major issues We NEED a stronger Government!!! scares a lot of people. A Small Rebellion of farmers. Series of attacks on courthouses by a small band of farmers led by Revolt. War Captain Daniel Shays to block foreclosure proceedings. Economic elite concerned about Articles inability to limit these violations of individual s property rights. Can t decide what to do with the Northwest Territory. Have a Constitutional Convention, to rework the Articles. Philadelphia in May End up creating a new. 4

5 Constitutional Convention 55 delegates from 12 states meet for the sole and express purpose of revising the Articles of Confederation -- the well-bred, the well-fed, the well-read, and the well-wed ; Average age is 42, 2/3 lawyers, 1/3 owned slaves; Had political experience, from cities; No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!; Father of the Constitution-James Madison of Virginia; Spoke over 200 times; Took extensive notes The Philadelphia Convention: Philosophy into Action --which is self-interested --which leads to factions --including the preservation of property --which sets power against power so that no one faction rises above and overwhelms another Constitutional Conflict!!! Issues of Equality Virginia Plan Strong government branches of government (,, ) houses of congress, based on --> states like it! VA, Penn, NC, Mass, NY, MD JUST before was voted on, NJ introduced a new plan New Jersey Plan branches (same three) house representation executives Constitutional Compromise Connecticut Compromise Roger Sherman of Conn presents the compromise is based on has representatives per state (equal representation) Upon what principal shall the states be computed in representation? Gouverneur Morris Issues of North v. South wanted slaves to be counted in population Elbridge Gerry (Mass) said Blacks are property and are used to the southward as horses and cattle to the northward If you want slaves to count make them citizens and let them vote. Slavery and Representation When Elbridge Gerry said Blacks are property and are used to the southward as horses and cattle to the northward If you want slaves to count make them citizens and let them vote, What was he saying??? 5

6 Slavery and the Constitution Issue of Slavery Declaration of Independence is beginning to change people s attitudes towards slavery and threatened to leave the Union (Father of the Constitution) comes up with a compromise Made a mockery of the Declaration of slaves were counted, for representation purposes Ended the coming to the country in 20 years (1808) The Agenda in Philadelphia The Individual Rights Issues Some were written into the Constitution: Prohibits suspension of No bills of No laws qualifications for holding office prohibited Strict rules of evidence for conviction of Right to trial by in criminal cases Some were not specified Freedom of and Rights of the The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: Limiting Control Powers Creating and Establishing a Federalist Paper #51 The Constitutional Republic : A form of government in which the people select representatives to govern them and make laws Favors the change is slow The End of the Beginning The document was approved, but not unanimously. Now it had to be ratified. What about the Executive Branch? Chief Executive One? Two?/Three? How long should the President serve?how to choose? Congress picks the President? People elect him? Electors from each state? Electoral College? 6

7 Constitutional Convention: The Final Agreement The Executive chief executive; 4-year term of office to keep Congress out Clunky system; Intended to prevent the riff-raff from deciding election Electoral College Has changed a lot since Number of electors from each state determined by the number of. Whoever gets 270, wins! Amending the Constitution: Constitutional Change The Informal Process of Constitutional Change Interpretation (1803): judicial review Changing Political Practice Technology Increasing Demands on Policymakers Ratification: Ratify to approve Anti-Federalist: Against the constitution Would create an overbearing & overburdening governmentt hostile to personal freedoms; Would ruin the country with ; Wanted a ; Giving up power to Government made them uneasy: Patrick Henry, Aaron Burr, Sam Adams, Thomas Jefferson Federalist: Supported the Constitution In favor of ; From states, cities, merchants; Alexander Hamilton, James Madison, John Jay, John Adams, George Washington The Difficult Road to Ratification The Federalist Papers Collaborative writing of Hamilton, Jay, and Madison Series of 85 essays defending the and republican form of government Considered the best political theorizing in the US Anti-Federalist view Such patriots as Samuel Adams and Patrick Henry Const. a document written by aristocrats, for aristocrats Would create an overbearing & overburdening central government hostile to personal freedoms Wanted a list of guaranteed, or a bill of rights Decried the weakened power of the states 7

8 Federalists vs. Anti-Federalists Federalist Papers Written to support the of the constitution Written in newspapers by authors (mostly A. Hamilton, J. Jay, J. Madison) Federalists and Anti-Federalists The were people who ratification of the Constitution. The were people who it. Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern. The national government would have too much power at the expense of the states. There would be no protection of the individual rights of citizens against the government. Congress could do anything with the Necessary and Proper Clause. The president would be similar to a king. Four Key Constitutional Principles Concept 1: A way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies. Concept 2: A government structure that gives each of the three branches of government some degree of oversight and control over the actions of the others Concept 3: System of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government 8

9 Concept 4: A type of government in which its functions and powers are written, limited, and restricted by law to protect the citizenry. National Government May not violate the May not impose among states May not use money from the without the passage and approval of an May not change state State Government May not enter into with other countries May not May not imports or exports May not Impair obligations of May not suspend a person's rights without Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use? Cartoon #2: Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use? Cartoon #3:Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use? Cartoon #4: Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use? The Constitution & The Amendment Process Methods of Proposal: Method 1: 9

10 Method 2: Methods of Ratification: Method 1: Method 2: 10

Constitutional Convention Unit Notes

Constitutional Convention Unit Notes Civics Textbook: Government and Society - Text p. 5 Cue four reasons why society needs a government Notes 1. Law and Order Government makes laws to protect citizens