Foundation of American Government

Standard SSCG1 The student will demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the Petition of Rights, and the English Bill of Rights. b. Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and Montesquieu (The Spirit of Laws) as they affect our concept of government.

Our Political Beginnings: What ideas did the colonists come with to the “New World”? Limited government Individual citizens have basic rights There are limits on government power Representative government Government should serve the will of the people. In other words, people should have a say in what the government does or does not do. Rule of Law The need for an ordered social system, or government, where everyone must follow the laws.

What early documents influenced the colonists as they created their local governments?

Magna Carta Formally introduced “limited government” which shaped the constitutional government of the U.S. In 1215, King John of England was forced to sign the Magna Carta Magna Carta required King John to get Parliament’s consent to raise taxes, guarantee fair jury trial, respect property rights of the nobles, and accept that his will could be bound by the law.

Petition of Right Petition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles I. The Petition of Right asserted four principles: no taxes may be levied without consent of Parliament no subject may be imprisoned without cause shown (habeas corpus) Kept the king from declaring military rule in times of peace or making people house soldiers. martial law may not be used in time of peace.

English Bill of Rights The English Bill of Rights applied to future monarchs, names certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled. petition the monarch bear arms in defense It also sets out certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament. No cruel and unusual punishment

Why are these documents important? The ideals found in these documents can be seen directly in the U.S. Constitution, specifically the Bill of Rights Next are the Philosophers…Who are some of the philosophers that influenced the colonists and what did they believe about government?

Hobbes (mid 1600s) The state of nature inevitably leads to conflict, a "war of all against all" and thus lives that are "solitary, poor, nasty, brutish, and short" (xiii). To escape this state of war, men agree to a social contract. Individuals give up natural rights for protection/maintain peace and order. Abuse of power is accepted for peace. Rebellion is expected when abuse is severe. Hobbes rejects separation of powers Hobbes believes an absolute Monarchy is the best form of government

Locke (1689) John Locke took social contract a step further. People were endowed with the right of life, liberty, and property. To keep these rights, they willingly contracted to give power to a governing authority. When government failed to preserve the rights of the people, the people had the right to break the contract. He influenced the American Declaration of Independence.

Locke John Locke; In the Two Treatises of Government by John Locke; Government is necessary because people have not figured out a way to live in groups without conflict. The Second Treatise outlines a theory of political or civil society based on natural rights and contract theory.

Montesquieu (1748) The Spirit of Laws was published anonymously by Montesquieu. Montesquieu stressed separation of powers abolition of slavery preservation of civil liberties rule of law idea that politics and laws should reflect the social and geographical character of each particular community.

Work Period Create a tab foldable about Hobbes, Locke, and Montesquieu. Include the following: Where are they from Name of major book and year(s) of publication Explain the major philosophy; which idea(s) he agrees with (limited government, representative government, rule of law) Influence on American Government (What about their philosophy do we see today?)

Closing: Match the Philosopher with the correct statement Hobbes Locke Montesquieu Aristotle One of the First to study government Believed in Separation of Powers in government and Against Slavery One of first to develop Social Contract Theory Believes individuals have natural rights of Life, Liberty and Property

SSCG2 Analyze natural rights philosophy and the nature of government in the Declaration of Independence a. Compare the Declaration of Independence and the Social Contract Theory b. Evaluate the Declaration of Independence as a persuasive argument

Why did the colonists want independence? By 1760 King George III ruled England and Britain became more strict with the colonies. Increased taxation on the colonists began to make the colonists resentful. King George increased British soldier population in the colonies and made colonists pay for the expenses.

The Stamp Act of 1765 added fuel to the colonists fire – taxing them on all business documents. The colonists were upset at England’s policy of taxation without representation. Even though they were upset, the colonists tried to resolve problems with the king.

Now What? Prior to the first shots, the First Continental Congress met in 1774 to decide how to respond to the king. Most colonies still wanted to stay with England so they sent a letter asking the king to stop his actions. By the time the Second Continental Congress met in 1775 shots had been fired between British troops and colonists at Concord and Lexington. George Washington from Virginia was named leader of the Colonial Army. The Second Continental Congress became the first American government.

How was independence declared? About one year after the American Revolution began, the colonies issued the Declaration of Independence to England on July 4, It was mostly written by Thomas Jefferson, a delegate from Virginia. The document discussed the belief that government be held accountable by the people it governs.

How does the D. of I. compare to Locke’s Social Contract Theory? John Locke believed that people were born with certain “natural rights,” which included life, liberty, and property. He also advocated Social Contract Theory, which states that there is an implied contract between government and citizens. Thomas Jefferson asserted in the Declaration of Independence that “all men are created equal” and that men are born with certain “inalienable rights,” which include life, liberty, and the pursuit of happiness. The Declaration of Independence echoes the theories of John Locke in asserting natural rights, that government obtains its power from the consent of the people, and that citizens have the right to resist and/or replace it with a new system.