Makes civic virtue a necessity. Putting the common good (your country) before your own interests This is done through moral education

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2 Foundations of Government Greece (400 s BC): Democracy: rule by the people Rome ( BC) Republic: Citizens govern, through elected representatives Focus on the common good Makes civic virtue a necessity Putting the common good (your country) before your own interests This is done through moral education

3 Foundations of Government (2) Kings and Queens rule (with nobles and lords) 1215 Nobles resist king s rule and write Magna Carta Limited king s power Can t tax without approval Rights of free men must be protected Right to a trial by peers Nobles can rebel if king breaks this agreement This is called limited government (limiting the king s power) 1300 s Advisors to the king turn into Legislature (Parliament) Law making body

4 Foundations of Government (3) 1628 King Charles (England) forced to sign Petition of Rights Which he breaks thus causing his removal from power 1688 William and Mary (Charles s daughter) sign English Bill of Rights Citizens have certain rights no one can take away Right to a fair trial No imprisonment without due process of law No loss of property without due process of law No cruel punishment No standing army in peace time without Parliament s consent No taxes without Parliament s consent Right to bear arms Right to petition the king Freedom of Speech in Parliament Parliament now has more POWER!

5 John Locke Philosopher Philosopher Thomas Hobbes Life Liberty Property Social Contract Theory

6 What would happen if you were in a state of nature? (i.e. no rules) so we give up some of our freedoms in exchange for protection and security.to consent to the law Social Contract: Agreement people make among themselves to create a government to rule and protect their natural rights.

7 Philosophers Jean-Jacques Rousseau Baron de Montesquieu Man is born free, yet everywhere he is found in chains. People have the right to decide how they are governed (legislature) Power of the government should be divided into branches Thus, none is too powerful to threaten people s rights separation of powers checks and balances Voltaire People should have free religion and free trade

8 Early American Government 1607 Jamestown Virginia Company: Appoint governor and council House of Burgesses: elect leaders to represent them and make own laws 1620 Mayflower Compact Written agreement to choose leaders, work together, and obey laws direct democracy town meetings used to discuss problems and make decisions

9 American Revolution and the DECLARATION OF INDEPENDENCE!!

10 What is the purpose of government? How should government get the authority or right to make laws telling people what they can and cannot do? What should the people have the right to do if government doesn t serve the purpose for which it was created? Why do they have this right?

11 1) Protect natural rights (life, liberty, pursuit of happiness) 2) Government gets consent from the people: Explicit Consent Agree to a contract that establishes the society whose members then establish the government and choose its officers Join a society already established Implicit consent Accepting laws and services of a government and nation of your birth

12 How do Americans give consent to government: Ratified Constitution in 1787 Born here = implied consent You could choose to leave, but if you choose to stay, you accept laws and enjoy benefits Immigrants = explicit consent 3) If people have the right to give power to government, they have the right to take it away if it is not serving the purposes it was established for i.e. the right to a revolution!

13 Limited government Established and respected restraints on powers Unlimited government Government free to use power as chooses Americans choose limited (based on history) Constitutional government: Powers of a person or group controlling the government are limited by a set of laws and customs called a constitution

14 Set of customs, traditions, laws, and rules that set forth the basic way a government is organized and operated Written or unwritten Good or bad Not all constitutions are part of a constitutional government need that higher law

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16 England Representative Government Limited Government Individual Rights Intellectual Movements Republicanism representative government that values citizen participation, public good, civic virtue (Machiavelli) Judeo-Christianity individual rights &responsibility, freedom to worship Enlightenment natural rights, Social Contract, Econ & Civil liberties

17 States begin writing individual Constitutions before Revolution starts States designed to protect basic rights of people Natural Rights and Higher Law: life, liberty, property and all must obey law Social Contract: give up some freedom to ensure rights are protected Popular Sovereignty: government gets the right to govern from the people Representation: legislature made of elected reps. Citizens are white male property owners. 70% v 10%

18 Most states set up LEGISLATIVE SUPREMACY Make legislative branch most powerful (elected by the people) Most are bicameral (2 houses) Problems: factions dominate and violate people s rights High tax rates Strict and specific laws Exception: Massachusetts (Governor/executive has power)

19 Confederation: Group of individual states that unite for a common purpose Difficult to complete with all states on board (5 yrs) Main question: How much power goes to the National Government Fear strong executive (tyranny) Fear strong states (dominate each other)

20 Each state has 1 vote (population not a factor) Confederation Congress Unicameral Raise army and appoint military officials Deal with foreign countries Committees to deal with issues Admit new states and organize Western lands Print, coin, borrow money Create Postal Service Settle disputes between states No executive branch Essentially, no judicial branch

21 Thus, states have most power Congressional actions need 9/13 states consent All 13 needed to change the Articles States maintain power to: Collect taxes Enforce national laws Give money to national government as they see fit Everything not given to the national government in Articles

22 Wage war against GB Negotiate peace Treaty in Paris Each state recognizes laws of other states i.e. marriage, travel, criminals Ordinance 1785 Surveying land in NW (WI, MI, OH, IN, IL) NW Ordinance 1787 Sets up admission of new states on equal terms to original 13

23 Lack of power and money Congress has no power to collect taxes Congress has no power to regulate trade Congress has no power to enforce its laws No common currency makes trade difficult Lack of central power No single leader or group directs government policy No national court system exists

24 Rules too rigid Congress could not pass laws without approval of 9 states Articles could not be changed unless unanimous

25 Shays Rebellion 1786 Debt from Revolution is high, taxes are high, and farm prices are low Leads to people loosing property many farmers upset Daniel Shays in Massachusetts decides to rebel and stop the courts from taking his farm Gather to steal weapons from militia Armory

26 Shays is defeated but Fear from Americans that Government can t put down a rebellion because no National Government Army If you can t keep down a rebellion, how do you protect your people?

27 Thus the call for a Convention

28 What is the purposes of government? How is the government organized? How is the government supposed to go about doing its business? Who is considered to be a citizen? Are the citizens supposed to have any power or control over their government? If so, how is it to be exercised? What rights and responsibilities, if any, are the citizens supposed to have?

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30 1787 Call to send delegates to Philadelphia for a convention to address the problems of the Articles 12/13 Colonies (excluding Rhode Island) sent 55 of the most educated men and political thinkers of the time. Included merchants, lawyers, planters, wealthy men including Benjamin Franklin, Alexander Hamilton, George Washington

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32 Too much power in a central government But realize that they do need one How can it strengthen the national government while preserving the rights of the states? Population protect the rights of minorities and the majority How could it balance conflicting interests of different groups within society?

33 Virginia Plan (Madison) Bicameral (two house) legislature Membership based on population Elect members of the lower house, who would elect members of the upper house Both houses vote for country s president and judges Objections More power to states with large populations 4 largest states would have a majority in both houses

34 New Jersey Plan (Wm. Paterson) Single House Congress Each state has one vote Objections Give control of congress to the 7 smallest states (only 25% of the population)

35 Bicameral legislature Senate (upper House) equal representation Delegates chosen by the State Legislatures House of Representatives (lower house) - size of each state Delegates chosen by voters Thus, both large and small states power is preserved

36 Representation by population brings up the discussion of whether slaves count as people Southern delegates wanted to count them because they would increase the South s population, and therefore number of votes in the legislature Northern delegates disagreed because they would lose power this way

37 Each slave is worth 3/5 of a person when counting the population of a state Ends the political debate, but not the economic issue of slavery. Southern slave owners wanted to continue to import slaves, like before the war Therefore, congress cannot interfere with the trade for 20 years 1808 was the first year the slave trade could be outlawed.

38 Federalist Supported the constitution Power divided between federal and state government (federal is superior to state law) Alexander Hamilton, James Madison, John Jay, write Federalist Papers Anti-Federalist Do NOT support the Constitution Destroy liberties won in Revolution Needs Bill of Rights to Protect Freedoms Ratified on condition BOR would be written June /13 May /13