Republic and Federal Government Republic: A nation in which the power of the government is controlled by its citizens entitled with the right to vote for representatives. Federal: A form of government whereby a union of states recognizes the sovereignty of a central government while retaining certain rights and powers granted to individual state governments. Australia has a federal government with six states and two territories The Senate of Rome
A constitution establishes a set of rules for government: • the structure of government; • responsibilities; • enumerating functions and procedures; • limitations on power. Most constitutions establish civil rights, if not directly, then by limiting the power by government over the citizens. The Canadian Constitutional Act of 1982 separating Canadian law from English law • Section 2. Everyone has the following fundamental freedoms: • freedom of conscience and religion; • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; • (c) freedom of peaceful assembly; and • (d) freedom of association.
Sovereignty is supreme, political authority of a nation. • It is the independence of a state from all foreign powers or claims. • A state, people, or territory without sovereignty may be controlled by another state. Burmese in Yellow China Tibet • Examples: China claims sovereignty over Tibet. • The U.S. federal government has sovereignty over the Indian Nations. • The U.S. federal government has sovereignty over individual states. • The Burmese people of Myanmar (Burma) claim sovereignty over the tribal, mountain states of the Chin, Karen, Karenni, Shan, and Kachin, Rakhine, Mon. U.S. Reservations
A constitutional monarchy is a form of government in which the power of the monarch is governed by a written code of laws. • The foundations of England’s constitutional monarchy were established in 1215 with the Magna Carta. • The Bill of Rights of 1689, passed by Parliament, established the constitutional monarchy in England. • King William III and his wife Queen Mary II were joint sovereigns subject to the English Bill of Rights. English Bill of Rights of 1689 John I signs the Magna Carta William and Mary ,
France has had several constitutions. • The Constitution of 1791 was the first written constitution of France. • It was inspired by the American and British constitutions. • It established The Kingdom of France under popular sovereignty and created a constitutional monarchy. • It was signed by King Louis XVI. Popular sovereignty is a concept whereby the legitimacy and source of power of the state is created by the will and consent of the people. "In free governments the rulers are the servants and the people their superiors and sovereigns.” – Benjamin Franklin (1706-1790) Royal Flag of France
Republicanism • Republicanism is an ideology of government whereby the head of state is not a hereditary monarch, but is in some way elected by the citizenry. • In the United States, republicanism is an American civil ideology stressing the importance of popular sovereignty and the inalienable rights of individuals. • It differs from democracy in that the majority cannot revoke inalienable rights. • A constitutional republic is governed by the rule of law and administrative system defined by a constitution. Inalienable: Can not be transferred or forfeited
Constitutionalism • Constitutionalism is a principle of government whereby power and limits of authority are set by a written constitution. • American constitutionalism is a historic process whereby the government derives its authority from the people as defined by the United States Constitution. • The United States system of government is dynamic, possessing the capacity for change to new situations by all three branches of government, as well as through constitutional amendment.
Majority Rule • Decisions are made by a simple majority. • Sometimes called the “tyranny of the majority” because it effectively excludes minorities from decision making. 50% + 1
Popular Sovereignty The legitimacy of the state is determined by the will or consent of its people, they are the source of political power. "In free governments the rulers are the servants and the people their superiors and sovereigns.” Benjamin Franklin, 1787
Both the federal constitution and state constitutions are examples of popular sovereignty. • State and federal governments derive their authority from the people.
Due Process The concept that all persons are guaranteed the right to justice following an established set of rules and principles protecting individuals rights and liberties.
Writ of Habeas Corpus Federal Prison Facility • A writ of habeas corpus is a summons by a court to the custodian or jailor of a defendant to bring the defendant before the court to determine if the defendant is being legally detained. • The purpose of habeas corpus is to prevent illegal detention and allow the due process of law to determine innocence, guilt, and punishment. • Habeas corpus is Latin for “You (shall) have the body.”
Article One, Section 9: • “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Is Habeas Corpus an absolute right?
Thomas Paine's Common Sense • Thomas Paine’s pamphlet titled Common Sense was first published anonymously on January 10, 1776. • It had immediate success, being sold throughout the colonies and in Europe. • In the pamphlet, Paine explains his idea of society, government, and the tyranny of the English system of government. “Society is produced by our wants, and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices.”
The Declaration of Independence The purpose of the Declaration of Independence was to formally explain the reasons why the colonies were breaking away from England.
The Continental Congress appointed a committee to draft the Declaration of Independence. • They are seen below delivering the final draft to the Continental Congress. • Thomas Jefferson (A) is the tall person depositing the Declaration of Independence on the table. Benjamin Franklin (B) sits to his right. John Hancock (C), not on the committee, sits behind the table. Behind Jefferson are John Adams (D), Roger Sherman (E), and Robert R. Livingston (F). F E A D B C
The Declaration of Independence is an important document for the development of the United States Constitution because it asserts certain natural human rights, including the right to revolution. • “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” • The Declaration also specifies a republican form of government: “Governments are instituted among Men, deriving their just powers from the consent of the governed.”