Unit 1 Historical and Philosophical Foundations of American Government

Unit 1 Historical and Philosophical Foundations of American Government

Essential Question

What Are the Philosophical and Historical Foundations of the American Political System?

Unit OverviewLesson 1: What Did the Founders Think about

Constitutional Government? Lesson 2: What Ideas about Civic Life Informed the

Founding Generation?Lesson 3: What Historical Developments Influenced

Modern Ideas of Individual Rights?Lesson 4: What Were the British Origins of American

Constitutionalism?Lesson 5: What Basic Ideas about Rights and

Constitutional Government Did Colonial Americans Hold?Lesson 6: Why Did American Colonists Want to Free

Themselves from Great Britain?Lesson 7: What Basic Ideas about Government and

Rights Did the State Constitutions Include?

Unit 1 Purpose

This unit provides an overview of some important philosophical ideas and historical events that influenced the writing of the Constitution.

This unit also offers a frame of reference and basis for understanding the other units in this text.

Following this unit, you will appreciate why our history as a people has been a great adventure in ideas and in trying to make these ideas a reality.

Lesson 1: What Did the Founders Think about Constitutional Government?

Created by Tom Driscoll http://driscoll-class.wikispaces.com/

Slideshow Accompanies The Center for Civic Education’s “We the People: The Citizen & The Constitution” Curriculum

http://driscoll-class.wikispaces.com/


Lesson 1 Purpose

This lesson introduces the basic ideas and experiences the founding generation drew on to create the kind of government they believed would best protect natural rights and the common good.

Participation in colonial self-government and early America’s diversity fostered rich dialogue about the purpose of government and how it should be organized.

Lesson 1 Objectives

Describe the diverse features of the early American colonies and their populations.

Explain what the Founders learned about government from history and their firsthand experiences of government and how this shaped their thinking.

Explain the meanings of the terms “constitution” and “constitutional government” and describe the forms of constitutional governments.

Evaluate, take, and defend positions on the sources that should be consulted if a new constitution were

written today. whether the founders’ concerns about abuse of power are still valid. the importance of written Constitutions.

Lesson 1 Terms & Concepts

constitution A plan of government that sets forth the structures and powers of government. In democracies, a

constitution is an authoritative law through which the sovereign people authorize a government to be established and grant it certain powers.

constitutional government Limited government; the rule of law. A form of government in which a written, unwritten, or partly

written constitution serves as a higher or fundamental law that everyone, including those in power, must obey. The rule of law is an essential feature of constitutional government.

democracy

Literally defined as "rule of the people," democracy is a form of government in which all citizens exercise political power, either directly or through their elected representatives.

forms of government (1) Aristotle's idea of three forms of government based on the number of people exercising power.

Each has a "right" form and a "corrupt" form. The right form of government by a single person is a "monarchy." The right form of government by a few people is an "aristocracy." And the right form of government by many people is called "polity." (2) Types of democratic governments. For example, parliamentary systems, such as those of Britain and India; separation of powers systems, such as that of the United States; and presidential systems, such as that of France. (3) General forms of government, such as monarchies, republics, and autocracies.


limited government In natural rights philosophy, a system restricted to protecting natural rights that does not interfere

with other aspects of life. More generally, limited government is constitutional government governed by the rule of law. Written or unwritten constitutions are used to empower and limit government.

Parliament The British legislature, which consists of two houses: the House of Lords, which once represented the

nobility, and the House of Commons, which formally represents the common people. Most members of the House of Lords are appointed for life by the government of the day and are not members of the hereditary aristocracy, who once dominated it.

republic According to James Madison, a form of government that derives its powers directly or indirectly from

the people, is administered by officials holding power for a limited time, and incorporates representative institutions.

unwritten constitution The body of political practices developed through custom and tradition. Only three of the world's

major democracies have constitutions that are not single, written documents: Britain, Israel, and New Zealand. In each of these nations, the constitution is a combination of written laws and precedents.

written constitution A written plan of government that sets forth the structures and powers of government.

Characteristics of Colonial America

Europeans first settled two centuries before the Treaty of Paris (1783)

Native American Population on the Decline (war, disease)

Diverse European backgrounds (German, French, Dutch) Came for religious (Puritans) and

economic (Jamestown) reasons

Characteristics (cont…)

Vast estates in Middle to South, smaller towns in New England

Southern farms grew export crops, were larger with many more slaves

New England – subsistence farming, livestock, local markets

How Did The Founders Learn About Government?

Read classical texts about gov’t & politics (Aristotle)

Studied newer 16th & 17th c. philosophers (Locke)

Also fell back on 150 years of local self-government Free white men served on

juries, attended town meetings, and voted in local elections

What did the Founders Learn?

Government should be a servant, not the master, of the people

A fundamental higher law, or constitution, should limit government

Forms of Government

Aristotle’s forms of government Rule of One= Monarchy (corrupt = Tyranny) Rule of Few= Aristocracy (corrupt = Oligarchy) Rule of Many= Polity (corrupt = Democracy)

Aristotle feared that in a direct democracy, the poor would seize the wealth of the rich through warfare

Founders favored a representative (republican) form of government

What is a Constitution?

Def: A plan that sets forth the structure and powers of a government

Constitutional government also means limited government Government limited by the provisions of the

constitutionWritten Constitutions are controversial since

it involved interpretation, change, and the power of who has the final say

Characterizing Higher Law

Different from legislative statute in following ways: Sets forth basic rights of citizens Establishes responsibility of the gov’t to protect those

rights Establishes limitations on gov’t power regarding

rights, distribution of resources, and conflict management

Can be changed only with consent of the people and according to established procedures

Characterizing Higher Law

Different from legislative statute in following ways: Sets forth basic rights of citizens Establishes responsibility of the gov’t to protect those

rights Establishes limitations on gov’t power regarding

rights, distribution of resources, and conflict management

Can be changed only with consent of the people and according to established procedures

Lesson 2: What Ideas about Civic Life Informed the Founding Generation?





Lesson 2 Purpose

People’s judgment about government may reflect ideas about human nature, the proper function and scope of government, the rights of individuals, and other values.

Political philosophers have discussed these matters for thousands of years.

This lesson examines important concepts such as the common good, civic virtue, the state of nature, natural rights, consent, and the social contract.

Lesson 2 Objectives

Describe how and why natural rights philosophy differs from classical republicanism.

Describe how both systems of thought influenced the founding generation.

Explain challenges society faces when it strives to preserve the rights to life, liberty, property, and the “pursuit of happiness,” while also promoting the common good and civic virtue.

Evaluate, take and defend positions on the importance of civic virtue today. the role of political philosophy in thinking about

government.


civic virtue The dedication of citizens to the common welfare of their community or

country, even at the cost of their individual interests. Traditionally considered most relevant to republics, since republican citizens are responsible for the well-being of their country.

classical republicanism The ideals and practices of ancient Greek or Roman city-states that

emphasized civic participation and the responsibility of citizens for the well-being of their polity, or country. Acts by citizens that placed the public good, or common welfare, above private interest were especially prized.

common good The good of the community as a whole, as contrasted with private interests

that may conflict with public interest. Also known as the public good. consent of the governed

Agreement by citizens to obey the laws and the government they create. Consent is the foundation of government's legitimacy.

Lesson 2 Terms & Concepts divine right

The idea prevalent in early modern Europe that monarchs derive their authority directly from God. Adherents to this doctrine claimed that to disobey such monarchs, to attempt to replace them, or to limit their powers is contrary to the will of God. Also known as the divine right of kings.

inalienable rights Fundamental rights inherent to being human that every person therefore possesses that

cannot be taken away by government or another entity. This phrase was used in the Virginia Declaration of Rights and the Declaration of Independence.

natural rights The doctrine that people have basic rights, such as those to life, liberty, and property in a

state of nature. Some writers, especially those influencing the American Founders, argued that certain of these rights are inalienable-inherent in being human-and that people create governments to protect those rights.

political legitimacy Acceptance by the governed that the claim to authority by those who govern is justified.

In democratic societies, legitimacy is achieved only when those who govern gain power through the free consent of the governed in free and fair elections.

popular sovereignty The natural rights concept that ultimate political authority rests with the people.

Lesson 2 Terms & Concepts pursuit of happiness

An "unalienable" right stated in the Declaration of Independence. It is the right of Americans to pursue personal fulfillment in their own way, so long as they do not infringe on the rights of others. Within certain limits, this right denies the legitimacy of government to decide what kind of happiness one ought to seek.

right to revolution The right of the sovereign people of any democratic state or regime to depose a government after

it has attacked citizens' basic rights for a significant period of time. This right, espoused by English philosopher John Locke, was asserted in the Declaration of Independence to justify separation from Britain and the overturning of the authority of King George III.

social contract theory Presumption of an imaginary or actual agreement among people to set up a government and obey

its laws. The theory was developed by the English natural rights philosopher John Locke, among others, to explain the origin of legitimate government.

state of nature The condition of people living in a situation without government; anarchy. Natural rights

philosophy inquired about what rights, moral rules, or laws applied in such circumstances and what rights, if any, people retained after agreeing to leave the state of nature to form a politically organized society or state.

The Founding Generation’s Values

Classical Republicanism (Ancient Rome) Place the needs of people as a community above

individual liberty and self-determination (Promoting the common good)

Three Main Aspects of Classical Republicanism

Small, uniform communities Good gov’t is only possible in small communities because people are able to know and care for one other and discern the common good.

The Founding Generation’s Values (Cont…)

Citizenship & Civic Virtue Citizens should set aside personal

interests to promote common good. (ex. Cincinnatus / Washington)

Moral Education Children must learn

rituals & values of society skills to speak & reason well Values of civic virtue Skills to participate in political

debate

The Role of Philosophy in the Study of Gov’t

New philosophies challenges Divine Right of Kings in 1600s Idea that monarchs derive their

authority to rule from GodNew thinkers suggested that

self-government was required for social peace and a just society.

Natural Rights philosophy suggest what life would be like in a complete state of nature (no government)

Natural Rights Philosophy

Social Contract Theory 17th c. - Thomas Hobbes

proposes that people enter a contract with government to maintain stability & peace.

John Locke People possess inalienable

rights (life, liberty, property) Government protects natural

rights, but can be replaced if it fails to protect those rights

Natural Rights’ Influence on the Founders

Individual Rights Inalienable rights exist regardless of wealth, social status, or

birth.Popular Sovereignty

The government derives its authority from the people. (social contract)

People have the right to create whatever government they feel is best.

Limited Government Authority is limited by the purpose for which government is

created.Human Equality

All people are free from another’s control and are equal to another.

Colonial American enjoyed more social equality than Europe, but huge social inequalities remained. (SLAVERY)

Lesson 3: What Historical Developments Influenced Modern Ideas of Individual Rights?





Lesson 3 Purpose

The previous lessons explored philosophical ideas that shaped the Founders’ thinking about constitutional government and civic life.

This lesson examines important historical developments that also influenced their ideas.

Lesson 3 Objectives

Explain the differences between classical republican and Judeo-Christian ideas about the importance of the individual.

Explain how certain historical development influenced modern ideas about government, constitutionalism, and individual rights.

Evaluate, take, and defend positions on Approaches to theories of morality The importance of the rise of capitalism How the enlightenment inspired the founders.


capitalism An economic system in which the means of producing and distributing goods are

privately owned and operated for profit in competitive markets.

city-state A politically independent community consisting of a city and its surrounding territory.

feudalism A system of social, economic, and political organization in Europe from the ninth to

about the fifteenth century in which a politically weak monarch shared power with the nobility. The nobility required work and services from the common people, known as serfs, in return for allowing them to live on and make use of the noble's land and benefit from the noble's protection.

Judeo-Christian Ideas, beliefs, and practices that have their historical roots in Judaism and

Christianity.


nation-state As currently used, a country; the standard unit of political organization

in the world. The nation-state received its name from the idea of a people, or "nation," organizing itself politically for self-rule. Many countries today, however, are composed of two or more distinct peoples.

private morality An individual's ideas about right and wrong to be practiced in one's

personal life. These are derived from religious, philosophical, familial, and other sources, including individual conscience.

public morality The values and principles of right and wrong pertaining to public

policies and actions.

Judeo-Christian Heritage of Human Rights

Greek & Roman = Public Morality Virtues important for acting in the

communityJudeo-Christian = Private Morality

Virtues of inner faith & obedience to God

Christian teaching of individual dignity & worth contributed to Founders’ belief in individual rights

The church was a major unifying social institution during the Middle Ages, however… Political loyalties remained local No nations (in modern sense) to compete

for loyalties

European Concepts of the Individual & Society (Middle Ages)

Feudal Society Highly fragmented, isolated

communities “Land for service” Class system with strict rights &

responsibilities (Royalty, serf) Hierarchical – no equality among

groups and classes Social relationships were permanent

& hereditary Property only gained or passed on

through inheritance No concept of natural rights

belonging to individual

The Renaissance“Rebirth” – period marked by

revival of intellectual life in Europe (14th c.)

Educated people rediscover ancient Greek & Roman culture & teachings

Protestant Reformation & printing press encourage people to read and form opinions for themselves

This spirit developed into modern individualism Many begin to challenge authority of

the church and established institutions

Rise of the Nation-State

1648 – Peace of Westphalia: national sovereignty was agreed upon among several nation-states

Each “nation-state” had a right to an independent existence with its own institutions (gov’t & religion)

People begin to think of themselves as members of a nation, with public rights and duties.

Political thought now shifted to what kind of gov’t would be best.

Capitalism – The New Economic System

The means of producing and distributing goods and services became privately owned and operated for profits in competitive markets

More choice of occupations, shifting attention to private interests (away from common good)Many became wealthy through commerce, not just inherited land (a challenge to royalty)

Power begins to shift towards rising class of capitalists

The Enlightenment

18th c. period of scientific & intellectual movement

Philosophers embrace scientific reasoning (Locke, Hobbes) in study of government Ideas founded on notion that human

behavior could be understood, predicted, and controlled

Founders believed that through reason, observation, and the study of philosophers’ writings, they could understand the workings of government and social institutions.

Lesson 4: What Were the British Origins of American Constitutionalism?





Lesson 4 Purpose

This lesson describes the evolution of British constitutional government.

It examines the early stages of English government in the feudal period.

It also traces the development of representative institutions in England, English common law, the relationship between legal and constitutional structures, and the difference between British and American constitutionalism.

Lesson 4 Objectives

Explain how rights and representative government evolved in England and how this evolution influenced the Founders.

Identify the origins of some of Americans’ most important constitutional rights.

Evaluate, take, and defend positions on The influence of the Magna Carta on the

development of rights. The importance of habeas corpus and trial by

jury.

Lesson 4 Term & Concepts

Common Law The body of unwritten law developed in England from judicial decisions based

on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France.

Magna Carta King John of England agreed to this document in 1215… The Magna Carta

granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional government

Precedent Previous court decisions upon which legal issues are decided.

Redress of Grievances The correction of complaints. The First Amendment protects the right of the

people to petition government to obtain remedies for claimed wrongs.

Lesson 4 Terms & Concepts (Continued)

Rights of Englishmen Refers to certain historically established rights, beginning with the rights of the

Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others.

Rule of Law The principle that both those who govern and those who are governed must obey

the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation.

Stare Decisis Latin: "Let the precedent (decision) stand." The doctrine that a court should follow

the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States.

Writ of Habeas Corpus Latin: "You shall/should have the body." A court order directing that a prisoner be

brought to court before a judge to determine whether that prisoner's detention is lawful.

Roots of English Government

After fall of the Roman Empire, England divided into tribes

1066 – William the Conquer unites tribes into a single Kingdom. (Establishes Feudalism)

English monarch Made laws Supervised law enforcement Heard court cases Defended the kingdom

The kings advisers evolved into Parliament & the Royal Court

Parliamentary Government Begins

1295 - Edward I summons “Model Parliament” 2 Representative Parts (Houses)

House of Lords: Nobility & Church officials House of Commons: Citizens & Knights (w/

wealth & status)For monarchs, Parliament was a

convenient way to negotiate with all of the country’s interests at once

English subjects found it to be an effective way to voice grievances & limit monarchs power

The Development of “Common Law”

To simplify complicated web of local legal systems, William the Conqueror creates a common law for entire kingdom

Judges required to publish decisions (creates precedents used to decide future cases)

This system establishes predictability and stability to laws

The “Rights of Englishmen”

Rights of Englishmen Over time, monarchs and judges came to recognize certain

personal rights (trial by jury of one’s peers)Magna Carta (1215) – King John forced to sign a

charter confirming certain traditional rights Rule of Law

Every member of society (even Monarch) must obey laws Outlaws arbitrary government

Basic Rights Establishes redress of grievances (compensation for loss or wrong

done to those if the Crown infringes on their common law rights) Government by Contract

Established principle of drawing up agreements between parties as a basis for legitimate government

The British Constitution

Not a single document, instead consists of common law, important acts of Parliament, and tradition.

Important documents include Magna Carta (1215), Petition of Right (1628), English Bill of Rights (1689).

Habeas Corpus Established Government must justify why a person is held in

custody. Limits government from jailing persons arbitrarily or

indefinitely

English Bill of Rights

Influences on Founders Rule of Law

Restated idea in Magna Carta that rule of law is the foundation of limited government

Representative Government Only representative government is

legitimate Americans reject representation by

social classes, instead favoring the idea of social equality

Lesson 5: What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold?





Lesson 5 Purpose

This lesson describes how basic ideas of Constitutional government were developed and used in the American colonies before independence.

It also explains how social and economic conditions in America sometimes required old ideas about government to be adapted or discarded.

Occasionally the colonists needed to create entirely new institutions.


Charter A written document from a government or ruler that grants certain rights to

an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land.

Constituent A person represented by an elected official.

Covenant A binding agreement made by two or more persons or parties. In Protestant

churches during the Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was such a covenant.

Indentured Servant A person who voluntarily sold his or her labor for a set period of time in

return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century.

Lesson 5 Terms & Concepts (Continued)

Magistrate A lower-level judicial officer, usually elected in urban areas,

who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official.

Mayflower Compact An agreement to form a political body signed on November

21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony."

Suffrage The right to vote.

Lesson 5 Objectives

Describe the early development of America’s traditions of constitutional government.

Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government.

Evaluate, take, and defend position on The differences between life in colonial American and in

England during the same period. The relationship between natural rights theory and slavery in

America How natural rights philosophy and history help to explain the

colonists’ views of the proper role of government.

Colonial Settlements = Constitutional Experiments

England provided two incentive plans for settlers Royal Proprietorship (11 of 13 colonies)

Land given to friends of the king Proprietors then found ways to lure settlers to

their colony Joint-Stock Company (Virginia)

Land given to companies in order to generate profits (business)

Mayflower Compact Pilgrims lay foundation for Massachusetts

gov’t Early example of social contract theory

The Unique American Experience

Higher wages and more land available

Colonists ignore many English land customs (primogeniture: land passed down to eldest son)

Wealth & family name did not mean automatic success / Ambition & hard work as, if not more, important for success

The chance to improve one’s life became a fundamental ideal of America

The Rights of Colonial Charters

Many royal charters (written documents that granted rights) echo ideals of Magna Carta

Tradition of expressing rights in writing became an essential part of American constitutions

Examples of rights granted Habeas Corpus Trial by Jury Right to own property Avoid self-incrimination Free from cruel & unusual punishment

Whose Rights Were Excluded?

In some colonies the following rights were restricted Only Protestant White Men could vote Women not granted political rights ½ to 2/3 immigrants were indentured servants

(similar to slavery until period of indenture ended)

Native Americans treated as foreigners, often removed from land

African slavery 1760 - 20% of population Treated as property, denied basic human rights

Colonial Ideas of Constitutional Gov’t

Fundamental Rights Started as fundamental rights of Englishmen Developed into protections under natural rights

philosophyRule of Law

Government official must obey the laws and could not exercise power arbitrarily

Separation of Powers Legislatures – Make laws Governors - Enforce laws Courts – Interpret laws

Colonial Governments: More Representative Than Britain?

Property requirements for voting

Land in American relatively easily to obtain, so % of eligible voters larger than in England

Colonial legislatures served shorter terms, meaning more voter choice

Members of colonial legislatures needed to live in the district they represented, unlike England

Lesson 6: Why Did American Colonists Want to Free Themselves from Great Britain?





Lesson 6 Purpose

The growth of the American colonies raised issues with Great Britain that were difficult to resolve peacefully.

This lesson describes the circumstances that produced the Declaration of Independence and the major ideas about government and natural rights included in that document.

Lesson 6 Objectives

Describe the British policies that some American colonists believed violated basic principles of constitutional government and their rights as Englishmen.

Explain why Americans resisted those policies and how that resistance led to the Declaration of Independence.

Evaluate the arguments that the colonists made to justify separation from Great Britain.

Evaluate, take, and defend positions on Violations of colonists’ rights before the Revolution. Important questions about the meaning and implications of the

Declaration of Independence.


Compact A formal contract or agreement between or among two or more parties

or states. (ex. The Mayflower Compact of 1620)Law of Nature

In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling persons what they may and may not do in various circumstances. In philosophy, laws of nature have often referred to the rules that would prevail in the absence of man–made law. Natural law is conceived to contain standards of justice that apply to all people.

Sovereignty The ultimate, supreme power in a state. Democratic theory states that

the people as a whole are sovereign; the citizens of the United States constitute the sovereign people.

Writ of Assistance A document giving a governmental authority the power to search and

seize property without restrictions. Abolished in American law, the use of such writs by the British government was a major issue during some phases of the American Revolution.

A Change in British Policy

Generations of colonists had little interference from British government in their daily affairs.

However, in 1763 Britain wants colonists to help pay for

war w/ French (7 Years War, 1756-1763) Proclamation Act ‘63– Bans colonial

settlements west of Appalachians Stamp Act ’65 – New taxes on colonists

to raise revenue Quartering Act ‘65 – Required colonists

to shelter British troops in their homes

Colonial Resistance

New restrictions & taxes caused some economic hardship & challenged colonists’ understanding of representative government.

“No taxation w/o representation.”Sons of Liberty help organize popular

resistance. Rarely used violence, but political agitation

precipitated crowd action.

Colonial Resistance (Continued)’66 – Parliament repeals Stamp Act, but

passes Declaratory Act, which asserts Britain's full power & authority over colonies.

Parliament offers Writs of Assistance to officials to search & seize colonial property.

‘70 – Clash between British Troops and colonists, 5 colonists killed (Boston Massacre)

’73 – Colonists protest Tea Act by dumping 45 tons of tea into Harbor (Boston Tea Party)

British Respond with “Intolerable Acts” Closed Boston Harbor, granted more power to

Royal Governors, limited town meetings, authorized British troop occupation

Organized Resistance

‘74 – Colonial representatives meet in Philadelphia , vote to ban trade w/ Britain (1st Continental Congress)

Radical colonists plan to overthrow gov’t since it no longer protected colonists’ rights. (Minutemen)

‘75 – British march to Concord, MA to seize hidden arms & ammunition & arrest Patriot leaders

Revere rides through countryside warning that …“Shot heard round the world…”

REVOLUTION BEGINS!

Purpose of the Declaration

Continental Congress appoints committee to prepare a declaration of independence from Britain

Jefferson’s draft rejects the British government’s sovereignty over the colonies

The Founders knew it was important to justify this action to other nations and to identify the basic principles of a legitimate government

The Declaration’s Main Arguments & Ideas

The Declaration renounces the monarchy and appeals to natural rights common to all

Asserts ideal of popular sovereigntyNatural Rights

Constitutions & governments cannot violate them Social Contract

Human Equality Humans are politically equal, neither God nor nature

appointed some at birth to rule over othersGovernment by Consent

People grant consent to gov’t to protect natural rights

The Declaration’s Main Arguments & Ideas

“A Long Train of Abuses” Destroying colonial legislatures Limiting role of colonial judges Keeping standing British armies in peacetime Quartering soldiers among civilian population Imposing taxes without colonial consent Depriving colonists trial by jury Changing constitutions of colonial government

Right of Revolution If British government has become corrupt and fails

to perform its proper duties, colonist have right to establish their own free and independent nation

Lesson 7: What Basic Ideas about Government and Rights Did the State Constitutions Include?Created by Tom Driscoll http://driscoll-class.wikispaces.com/




Lesson 7 Purpose

After declaring Independence, the Founders designed new state government to protect individual rights and promote the common good

This lesson shows how the Constitution of Massachusetts in particular was designed to achieve these ends.

It also shows how State constitutions served as a model and had great influence on the development of the U.S. Bill of Rights.

Lesson 7 Terms & ConceptsChecks & Balances

In American constitutional thought, distributing and balancing the powers of government among different branches so that no one branch or individual can completely dominate the others.

Legislative Supremacy A system of government in which the legislative branch has

ultimate power. Parliamentary government is such a system. Veto

The right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment. Under the U.S. Constitution, it is the power of the president to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law

Lesson 7 Objectives

Explain the basic ideas about government and rights that are included in state constitutions.

Explain how the experiences of the states in developing their constitutions and bill of rights influenced the framing of the US Constitution and Bill of Rights.

Evaluate, take, and defend positions on The theory of legislative supremacy. The importance of the Virginian Declaration of

Rights, and the role of declaration of rights in early state constitutions.

The Colonies’ Status Following the Declaration

States were not yet a “country,” only united by fight against Great Britain

Between ‘76 – ’80, each stated adopted a new constitution All based upon natural rights, rule of law, republicanism, and constitutional gov’t

Basic Ideas of State Constitutions

Higher Law and Natural Rights Constitutions limit governmental power Purpose of gov’t is to protect natural rights

Social Contract Each constitution created through an agreement w/

the peoplePopular Sovereignty

Ultimate governing authority rests with the peopleRepresentative Government

All legislature composed of representative elected by voters

Basic Ideas of State Constitutions

Legislative Supremacy Legislatures (makes laws) most powerful branch Leg. Most capable of reflecting will of the people Executive (enforces laws) is less accountable to people

and should not be trusted with too much power Judiciary (judges) should not be trusted w/ too much

power eitherChecks & Balances

Parts of each legislature checked (limited) power of other

Usually done through multiple houses (House of Reps & Senate)

How Did Massachusetts Differ?

Strong Executive Governor popularly elected Governor’s salary was fixed (could not be changed by

Leg.) Governor could revise laws, appoint Leg. officials and

judgesRepresentation of Various Economic Classes

(Classical Republicanism) Large Property Owners = Can elect governor

(Executive) Mid-level “ “ = Can elect upper house members

(Legislative) Low-level “ “ = Can elect lower “ “ “ “ “ “

The Virginia Declaration of Rights

Listed specific rights of the people, including: Freedom of the press Rights of criminal defendants Gov’t cannot deprive natural

rights All power is derived & kept by

the people Gov’t is instituted for common

benefit, protections, and security. If not, it can be abolished. (Class. Repub., Social Contract)

Freedom of religion

Unit 1 Historical and Philosophical Foundations of American Government

Documents

form of government

powers of government

purpose of government

kind of government

purposethis lesson

basic ideas

important philosophical

terms constitution