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Origins of the Constitution The pen is mightier than the sword...unless it has been sharpened to a fine point, dipped in deadly poison and is thrown from.

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Presentation on theme: "Origins of the Constitution The pen is mightier than the sword...unless it has been sharpened to a fine point, dipped in deadly poison and is thrown from."— Presentation transcript:

1 Origins of the Constitution The pen is mightier than the sword...unless it has been sharpened to a fine point, dipped in deadly poison and is thrown from 10 feet away....

2 Document: Magna Carta Principles: Property cannot be taken away w/out consent of owner no taxes levied w/out consent of Parliament No “freeman...imprisoned w/out...judgement of his peers” Advice from common council Protection against loss of life, liberty, property Principles: Property cannot be taken away w/out consent of owner no taxes levied w/out consent of Parliament No “freeman...imprisoned w/out...judgement of his peers” Advice from common council Protection against loss of life, liberty, property Location: 5th Amend Article I Section 8 6th Amendment Article II 5th Amendment Location: 5th Amend Article I Section 8 6th Amendment Article II 5th Amendment

3 Document: English Bill of Rights 1689 Principles: Taxes only raised with consent of Parliament Can’t imprison people w/out just cause (habeas corpus) Can’t house troops in private homes w/out permission of the owner Trial of your peers Principles: Taxes only raised with consent of Parliament Can’t imprison people w/out just cause (habeas corpus) Can’t house troops in private homes w/out permission of the owner Trial of your peers Location: Art. I Sec 8 Article I Section 9 3rd Amendment 6th Amendment Location: Art. I Sec 8 Article I Section 9 3rd Amendment 6th Amendment

4 Document: VA Declaration of Rights Principles: Separation of gov’t into 3 branches Right to demand cause and nature of accusations No deprivation of life or liberty except by judgement of peers Speedy trial habeas corpus Freedom of Religion/Press Principles: Separation of gov’t into 3 branches Right to demand cause and nature of accusations No deprivation of life or liberty except by judgement of peers Speedy trial habeas corpus Freedom of Religion/Press Location: Arts I, II, and III 6th Amendment 5th/6th Amendments 6th Amendment Art I Sec 9 1st Amend Location: Arts I, II, and III 6th Amendment 5th/6th Amendments 6th Amendment Art I Sec 9 1st Amend

5 Document: VA Declaration of Rights continued Principles: No unreasonable search and seizure No cruel and unusual punishment No excessive bail or fines Right to assemble, petition, freedoms of speech/press Right to bear arms, militia No double jeopardy Principles: No unreasonable search and seizure No cruel and unusual punishment No excessive bail or fines Right to assemble, petition, freedoms of speech/press Right to bear arms, militia No double jeopardy Location: 4th Amend 8th Amend 1st Amend 2nd Amend. 5th Amend Location: 4th Amend 8th Amend 1st Amend 2nd Amend. 5th Amend

6 Gov’t Structure: British Common Law Principles: Common Law- body of principles relating to gov’t whose authority is derived from usage or custom Statutory Laws- laws enacted by a legislative body affirming the common law practice Principles: Common Law- body of principles relating to gov’t whose authority is derived from usage or custom Statutory Laws- laws enacted by a legislative body affirming the common law practice Location: Stare decisis- “let the decision stand” - concept of legal precedent US Code - public laws that originate as legislation passed by the Congress Location: Stare decisis- “let the decision stand” - concept of legal precedent US Code - public laws that originate as legislation passed by the Congress Henry II 1154

7 Gov’t Structure: American Colonial Govt Principles: Representative govt Written constitutions Separation of powers b/w gov’nor and legislature Principles: Representative govt Written constitutions Separation of powers b/w gov’nor and legislature Location: Art I Hello...?!? Arts. I, II, and III Location: Art I Hello...?!? Arts. I, II, and III Charter of Virginia Company of London Royal Colony Proprietary Charter

8 Constitutional Underpinnings The philosophers...

9 Aristotle: BCE Govt Under: democracy, Athens Nature of Man: man is by nature a “political animal” (an animal who’s nature is to live in a polis, not isolated); man is linked together in a social context Necessity of Govt: to help members of society live a virtuous life Element of Gov’t polity: blend ideas of oligarchy and democracy Ruling consists of activities belonging to different social groups Main Contribution: idea of rule of law, constitution Govt Under: democracy, Athens Nature of Man: man is by nature a “political animal” (an animal who’s nature is to live in a polis, not isolated); man is linked together in a social context Necessity of Govt: to help members of society live a virtuous life Element of Gov’t polity: blend ideas of oligarchy and democracy Ruling consists of activities belonging to different social groups Main Contribution: idea of rule of law, constitution Politics

10 Thomas Hobbes: Govt Under: limited monarchy, England Nature of Man: man is greedy and selfish Necessity of Govt: to keep order, avoid chaos Element of Gov’t authoritarian is best- need strong central govt to maintain security and equality social contract idea- people give up personal rights to be protected by the ruler Main Contribution: idea of social contract Govt Under: limited monarchy, England Nature of Man: man is greedy and selfish Necessity of Govt: to keep order, avoid chaos Element of Gov’t authoritarian is best- need strong central govt to maintain security and equality social contract idea- people give up personal rights to be protected by the ruler Main Contribution: idea of social contract Leviathan

11 John Locke: Govt Under: limited monarchy, England Nature of Man: man is made god or evil by the environment they are in Necessity of Govt: to protect the “natural rights” of the citizen (life, liberty, and property) Element of Gov’t consent of governed/power from the people social contract idea- give up some freedom for protection of natural rights right to overthrow/limit the govt Main Contribution: idea of limited govt, declaration, Constitution and 14th Amendment Govt Under: limited monarchy, England Nature of Man: man is made god or evil by the environment they are in Necessity of Govt: to protect the “natural rights” of the citizen (life, liberty, and property) Element of Gov’t consent of governed/power from the people social contract idea- give up some freedom for protection of natural rights right to overthrow/limit the govt Main Contribution: idea of limited govt, declaration, Constitution and 14th Amendment Two Treatises on Govt

12 Baron de Montesquieu: Govt Under: absolute monarchy in France Nature of Man: man is influenced by environment, corrupted if too rich or too poor. Common man not capable of govt Necessity of Govt: to protect the people Element of Gov’t- limited monarchy separation of power in govt 3 autonomous branches of govt coined term “checks and balances” Main Contribution: basic structure of our govt in Constitution Govt Under: absolute monarchy in France Nature of Man: man is influenced by environment, corrupted if too rich or too poor. Common man not capable of govt Necessity of Govt: to protect the people Element of Gov’t- limited monarchy separation of power in govt 3 autonomous branches of govt coined term “checks and balances” Main Contribution: basic structure of our govt in Constitution Spirit of the Laws

13 Jean Jacques Rousseau: Govt Under: monarchy in France Nature of Man: good at birth, corrupted by society Necessity of Govt: to keep order, get rid of inequality Element of Gov’t- direct democracy social contract - people contact w/ each other not a ruler surrender individual will to the general will of the people supreme authority rest w general will (maj. decision) govt is agent of people so people can revolt Main Contribution: majority decision making, revolution, power from the people (consent of the governed), all people are equal, strong influence on French Revolution Govt Under: monarchy in France Nature of Man: good at birth, corrupted by society Necessity of Govt: to keep order, get rid of inequality Element of Gov’t- direct democracy social contract - people contact w/ each other not a ruler surrender individual will to the general will of the people supreme authority rest w general will (maj. decision) govt is agent of people so people can revolt Main Contribution: majority decision making, revolution, power from the people (consent of the governed), all people are equal, strong influence on French Revolution Social Contract


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