Political Thinking POL 161 Erik Rankin D&B 30-37

What is a Republic?- John Adams Background: Written In 1775 after other delegates to Continental Congress asked for advice on forming new state governments Also a response to the plan of government presented by Thomas Paine in Common Sense

What is a Republic?- John Adams Form And Foundation Of Government Adams says the form of government depends on its purpose:  “... all speculative politicians will agree, that the happiness of society is the end of government, as all divines and moral philosophers will agree that the happiness of the individual is the end of man.”

What is a Republic?- John Adams Best form of government promotes happiness:  “…the form of government which communicates ease, comfort, security, or in one word, happiness, to the greatest number of persons, and in the greatest degree, is the best.” Conclusion: Best government for promoting the general happiness is one whose “principle and foundation is virtue.”

What is a Republic?- John Adams Principles governments founded on:  Most governments are founded on fear which renders its subjects “stupid and miserable.”  Every government is founded on “some principle or passion in the minds of the people.” Republican government is best: The definition of a republic is “an empire of laws, and not of men” (p. 31 right side, They will convince…) Accordingly, a republic is the form of government that “is best contrived to secure an impartial and exact execution of the laws…”

What is a Republic?- John Adams Bicameral representation preferred: Power must be divided. “I think a people cannot be long free, nor ever happy, whose government is in one assembly.” Single assembly is liable to same “vices, follies, and frailties of an individual” so needs correction by another controlling power. Single assembly will “exempt itself from burdens, which it will lay, without compunction, on its constituents.” A representative assembly cannot exercise judicial power because it is “too numerous, too slow, and too little skilled in the laws.” A single assembly with all powers of government would “make arbitrary laws for their own interest, execute all laws arbitrarily fur their own interest, and adjudge all controversies in their own favor.”

What is a Republic?- John Adams Adams expresses concerns about single executive: If executive is an individual will be constantly in conflict with assembly, and judicial power could not mediate or be undermined by legislature. Therefore, executive power needs veto power over legislature. Adams proposes another assembly as a mediator between the representative assembly and the executive. This assembly (the legislative council) should be smaller and elected by the representative assembly. Both assemblies would elect the governor who would have veto power. All other offices: “lieutenant-governor, secretary, treasurer, commissary, attorney-general” should also be elected annually by the two assemblies.

What is a Republic?- John Adams Frequent elections teach politicians: “the great political virtues of humility, patience, and moderation, without which every man in power becomes a ravenous beast of prey.” Adams felt that this was a great time to be alive The republic looks to thrive as a happy government with strong personal characteristics

The Bill of Rights Not originally attached to the Constitution Why were they added? Many felt that the Constitution only gave the federal government power If the Constitution doesn’t say free speech can be abridged then it can’t Many felt this was not the case and restrictions on the Federal government needed to be added Took effect November 3, 1791 This is the hallmark of American Democracy

The Bill of Rights Amendment I:  Congress shall make NO law respecting and establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances  Most important of all articles  Fundamental to our democratic society  Are these guarantees absolute?

The Bill of Rights Amendment II:  A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be abridged  Very controversial  Does this mean you can come strapped to class? (please say no)  Is this necessary to a democratic society?

The Bill of Rights Amendment III: Quartering of soldiers Amendment IV: Unreasonable search and seizures Amendment V: Double jeopardy, self incrimination, and Due Process Amendment VI: Speedy trial Amendment VII: Right to a trial by jury Amendment VIII: No excessive bail nor cruel and unusual punishment

The Bill of Rights Amendment IX: Certain rights should not deny or disparage other retained by the people Amendment X: Powers not given by the Constitution to the federal government are reserved to the States

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