Historical Roots of U.S. Gov’t Foundations of U.S. Gov’t – Follows Ch. 2-1 in Textbook

Influential Historical Documents & People  Code of Hammurabi  The Ten Commandments and Old Testament in Bible (many laws came from Hammurabi)  Justinian’s Codex  Age of Enlightenment in Europe  Thomas Hobbes  John Locke  Charles de Montesquieu

Code of Hammurabi  Code of Hammurabi influential to Founding Fathers  Written around 1750 BC in Babylon (modern Iraq)  Code, or law, protected weak from brutal  Contained retribution (eye-for-an-eye)

Justinian’s Codex (code)  Created by Emperor Justinian I (AD )  Responded to barbarian attacks  Ensured survival of Roman law  Basis for most modern law in Europe

John Locke  Lived from  English Philosopher  Influenced by English Civil War  Major work: Two Treatises on Gov’t (1690)  Main points:  Gov’ts main role = providing security  If ruler does not provide security, people can replace him  Individual liberty important  “Life, liberty, and property” became “Life, Liberty, and Pursuit of Happiness” in Declaration

Charles de Montesquieu  French Philosopher  Responsible for ideas of separating power of gov’t  Came up with 3 branches of gov’t  Executive  Legislative  Judicial

Thomas Hobbes ( )  Wrote during aftermath of Eng. Civil War  His main points:  People’s most basic need = security  Obtaining security means entering into social contract with ruler  Ruler protects them  In return, ruler has absolute authority

PAGE BREAK

British Political Influences on U.S. Gov’t  English common law  Ordered, limited, representative gov’t  English documents

English Common Law  Not voted on by legislators  Derived from precedent (event or court decision that serves as example later)

Ordered, limited representative gov’t  Gov’t is necessary to keep order  Counties and townships come from England  Gov’t should be limited, not all powerful  Gov’t should represent will of people  These 3 ideas incorporated into US Constitution

English Documents  Magna Carta  Written in 1215  Imposed on King John (same King John from Robin Hood)  Established right to due process  Limited power of king  Made future monarchs subject to the law

English Documents (cont)  Petition of Right = agreement imposed on Charles I by Parliament in 1628  Ex. Charles needed Parliament’s consent to collect taxes  Justified American Revolution  Right of habeas corpus (law requiring person to be told reason for arrest)

English Documents (cont)  English Bill of Rights  Main points:  No standing army during peacetime  Parliament grant money to monarch (king or queen)  No excessive bail, cruel or unusual punishment  No catholic could rule England

Virginia Declaration of Rights  May 1776  Served as model Declaration of Independence and Constitution  Included:  Right to life  Right to liberty  Freedom of press, religion