Founding Documents and Political Philosophers

1. Founding Documents and Political Philosophers

2. Hammurabi’s Code • The Code of Hammurabi was the law code of Ancient Babylon. • Established a single, uniform code of law for the entire empire. • The code is the first example of fundamental laws unchangeable even by a King

3. The Ten Commandments According to the Bible, Moses received the Ten Commandments from God In Biblical times, the Bible served as the source of law for the Hebrews of Palestine. The Commandments’ simple instructions on how individuals must behave toward one another are seen to form the basis of all Western law.

4. The Contribution of the Greeks • First to believe that laws were a humaninstitution (not dictated by the Gods) • Allowed common people to serve in state office • First government in which elected officials were paid a salary • Had the first trial by jury in recorded history • Every male citizen had the right to serve in the assembly, which passed laws and determined government policies.

5. The Influence of Ancient Rome • The Senate, a REPRESENTATIVE body was the most powerful government body. • The Senate conducted foreign policy, passed laws and handled the government’s finances. • The Romans also believed in NATURAL LAW, the idea that certain basic rights should be extended to everybody who lived under Roman rule.

6. Divine Right of Kings Throughout the Middle Ages, the concept of the “Divine Right of Kings” was generally accepted It held that the King was chosen by God because the King was speaking for God, everything he says is absolutely right… Because why would God choose a King that was capable of making poor choices?

7. Magna Carta 1215 • First attempt at a Social Contract • Provides the basic principle of limited government (one in which even a monarch must follow the rules) • Introduced the idea of fundamental rights (which can’t be taken away) • Trial by jury, due process, protection against unjust punishment, and loss of life, liberty and property

8. Petition of Right1628 • Put limits on the power of the King – challenging divine right and the absolute monarchy • Must work with the consent of Parliament (representatives of people) • Outlines basic rights for individuals • (no tax w/o representation, no imprisonment w/o cause, no housing soldiers, no use of martial law during peace)

9. English Bill of Rights1689 • Placed clear limits on the absolute monarchy – moving toward a constitutional/parliamentary monarchy and ending absolute monarchy • Written by Parliament • Signed by King William & Queen Mary as condition of taking the throne • Provided for individual protections (with many of the rights found now found in the Constitution)

10. Limits Established by the English Bill of Rights Monarchs DO NOT have absolute power—they must rule with the consent of the peoples’ representatives in Parliament… The monarch cannot suspend laws, raise taxes or maintain an army without Parliamentary consent… The monarch cannot interfere with the business of Parliament… The people have the right to a fair and speedy trial (Habeas Corpus). The people will not be subjected to cruel and unusual punishments or excessive fines and bail.

11. Hobbes • Wrote Leviathan • Father of Natural Rights • State of nature is “nasty, brutish and short” and only the strong survive. • First to introduce social contract theory • Citizens surrender liberty to the government in exchange for protection from chaos • Focused on individual freedoms with some protection from the government

12. Locke • Wrote Two Treatises of Government • Natural Rights • Born free, equal and independent • Social Contract • Government that didn’t protect essential rights to life, liberty and property could be changed • Popular Sovereignty • People participate in their gov’t

13. Montesquieu • Wrote The Spirit of Laws • Limited Government • Separation of Powers • Legislative, Executive, Judicial • Checks and Balances

14. Foundations of American Government

15. Unit GPS • SSCG1 The student will demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. • 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. • Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and Montesquieu (The Spirit of Laws) as they affect our concept of government. • SSCG2 The student will analyze the natural rights philosophy and the nature of government expressed in the Declaration of Independence. • Compare and contrast the Declaration of Independence and the Social Contract Theory. • Evaluate the Declaration of Independence as a persuasive argument. • SSCG3 The student will demonstrate knowledge of the United States Constitution. • Explain the main ideas in debate over ratification; include those in The Federalist.

16. What did we want in gov’t? • Limited government • Government has to follow the rules too • Prevents government from getting too much power • Representative government • People have a voice in their government • They elect officials who make decisions on their behalf • Individual freedoms • Guarantees to individuals like freedom of speech, freedom of religion, freedom from unfair laws and punishments, etc. • Rule by law • Written laws so everyone knows the rules and the consequences for breaking the rules

17. Declaration of Independence • Proposed by Henry Lee, drafted by Thomas Jefferson and approved on July 2, 1776. • Approved July 4, 1776 • Lists grievances (complaints) against the king about his abuse of power • Like Locke’s social contract it says that government is the created by the people and must serve the people • Makes it clear that the government must follow rules just like the people

18. The Declaration of Independence “We hold these truths to be self-evident that all men are created equal” “They are endowed by their Creator with certain UNALIENABLE rights” “Among those rights are “Life, liberty and the pursuit of happiness” “To secure those rights, governments are INSTITUTED among men…deriving their powers from the consent of the governed”

19. The Four Stanzas of the Declaration of Independence • Part One: The Preamble, an explanation of purpose. • Part Two: An explanation of the political ideas upon which the document was based. Emphasized “Natural Rights”, such as life, liberty and the pursuit of happiness. • Part Three: A list of grievances against King George III (examples on following slide). • Part Four: A resolution that “…these United Colonies are…and of right ought to be Free and Independent States.

20. A Selection of Grievances…against King George III • For quartering large bodies of armed troops among us. • For imposing taxes on us without our consent. • He has affected to render the Military independent of and superior to the Civil Power. • For cutting off our trade with all parts of the world. • He has endeavored to bring on the inhabitants of our frontiers the merciless Indian Savages, whose know rule of warfare is an undistinguished destruction of all ages, sexes and conditions. • He has plundered our seas, ravaged our Coasts, burned our towns and destroyed the lives of our people.

21. Articles of Confederation1777 • First written constitution for the newly independent states • Granted most of the power to the states • The national government was supposed to provide protection for the people • There was only one branch of government: Congress

22. What was the National government’s role under the Articles? • Declare war • Negotiate treaties • Settle conflicts between the states • Establish the armed forces • Borrow money from the states to pay expenses • Set national policies • Run Indian Affairs programs

23. Weaknesses of the Articles • Congress could not collect taxes from the states • Congress could not control the currency in the states • Congress could not regulate trade/commerce • 9 states were needed to make decisions • ALL 13 states had to agree to amendments to the Articles • there was no executive (president) or judicial (court) power • Each state got 1 vote no matter how big or small • Members of Congress only served 1 year terms • Congress couldn’t pay the army • Congress couldn’t enforce it’s laws

24. Question: Why did so many Americans tolerate the weak government established by the Articles of Confederation?

25. Answer: For most Americans, respect for freedom was so great, and fear of tyranny so intense, that a strong national government was an unacceptable risk!

26. The Nationalists • A group of Americans who wanted a stronger national government. • Most were very wealthy. • Included: George Washington, Ben Franklin, James Madison and Alexander Hamilton. • Predicted that with no army, no courts, and no economic policy, the US would have no respect in the world. • Worried that Americans’ tendency to challenge authority would get out of control.

27. The Annapolis Convention • Held in 1786 to discuss economic problems that the Articles could not solve. • Twelve delegates from five states were present. • They only came to one agreement…To meet in Philadelphia the following year.

28. Shays’ RebellionMassachusetts, 1786-1787 • To pay off debt, legislators passed a heavy direct tax on Massachusetts citizens. • It could only be paid in specie—GOLD OR SILVER—not in paper money. • Farmers in the west, already in debt, could not pay the tax. • Many had their possessions seized by the government for non-payment.

29. Daniel Shays • Was a Revolutionary War veteran and small farmer. • Could not pay his debts and was facing jail time. • In 1786, he led a rebellion that spread through the area. • Tax collectors were driven off and courts were closed down by the rebels.

30. Helpless… • The government, with no army, couldn’t stop him. • A group of wealthy Bostonians finally raised a private army to confront Shays. • They were finally defeated in February, 1787. • Shays and a few others were sentenced to death.

31. Differing Views of Shays’ Rebellion • Thomas Jefferson: "A little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government. God forbid that we should ever be twenty years without such a rebellion.” • Translation: The rebellion was NO BIG DEAL. • James Madison: “Liberty may be endangered by the abuses of liberty as well as by the abuses of power”. • Translation: Our government is TOO WEAK; we must DO SOMETHING.

32. Effects of the Rebellion • Demonstrated Americans’commitment to defy authority when it acted against the wishes of the people. • Also demonstrated that something had to be done to strengthen the national government. • Leads to another convention, this time in Philadelphia.

33. Constitutional Convention • Delegates from each state were asked to come to discuss the problems with the Articles (Rhode Island did not attend) • Delegates were young, well educated, wealthier • George Washington chosen to lead • Each state got one vote • A majority vote was needed to pass measures • 7 votes were needed for a quorum (to continue meeting and working) • The meetings were held in secret - no official records were kept • Madison kept most accurate diary – known as Father of Constitution

34. Virginia Plan(The Large State Plan) Proposed by Edmund Randolf 3 branches of government Bicameral Legislature (2 houses) Both houses based on population Lower House – elected by people Upper House – chosen by lower House Executive (president) chosen by legislature Judicial (courts) chosen by legislature National legislature would have veto power over the states

35. New Jersey Plan(The Small State Plan) Proposed by William Patterson 3 branches of government Unicameral Legislature (one house) Equal representation from every state Multiple executives (presidents) chosen by legislature Judicial (court) appointed by Executive and approved by legislature Appointed for life Each state gets one vote

36. Connecticut Compromise Proposed by James Madison 3 branches of government Bicameral Legislature (2 houses) Lower House – elected by people based on population 3/5 compromise Upper House – chosen by lower House – 2 per state Executive (president) chosen by Electoral College Judicial (court) appointed by Executive and approved by legislature Appointed for life Had a national supremacy clause

37. Three-Fifths Compromise • One difficult question remained…When calculating population, should slaves be included? • If slaves were counted, the south would be more powerful. • If slaves were omitted, the south would be weak. • In this compromise, every five slaves would be counted as three people.

38. Ratifying the Constitution • Nine of the thirteen states needed to ratify (approve) the Constitution. • Conventions were set up in each state, bypassing the state legislature. • This process was, technically, “treason”.

39. Opposing Views: • Wanted a strong national government. • Led by George Washington, James Madison and Alexander Hamilton. • Produced “The Federalist Papers”, which explained how the government would work. • Argued individual rights and state’s rights weren’t protected • Led by Patrick Henry and Thomas Jefferson. • Feared the President would become King. • Thought the government would come under control of one particular group (a faction). Federalists Anti-Federalists

40. Compromise: • Federalists promise to add protections for individuals by amendment • State and national governments, each with their own powers • National government Supreme Bill of Rights Federalism

41. Ratification • New York chosen as first capital • George Washington chosen as first president • New government started in April 1789 • Bill of Rights presented in June, 1789 Needed 9 of 13 states Delaware Connecticut New Jersey Georgia Pennsylvania Massachusetts Maryland South Carolina New Hampshire was the ninth and final needed vote Rhode Island became the last.

43. Constitution Trivia • For 146 years it was never seen in public • In 1894 it was placed b/t two pieces of glass in the State Dept. basement • In 1921 it was moved to the Library of Congress (not displayed until 1924) • 19 days after the attack on Pearl Harbor it went to Fort Knox until Oct. 1, 1944 • Moved to National Archives in 1952 • Kept in bombproof, shockproof, fireproof vault with steel and reinforced concrete; kept on spring system to raise and lower each day • Published by Dunlap and Claypool (1320 copies for $420) • Only 500 final copies made, only about 6 left in existence