Foundational Documents

1. Foundational Documents Shaping the US Government

2. Historical Documents SSCG2 Demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government.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 Right, and the English Bill of Rights.

3. Limited Government and Rule of Law Limited Government • In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by law, usually in a written constitution. Rule of Law • The doctrine that no individual is above the law and that everyone must answer to it.

4. The Magna Carta - 1215 The History: In 1215, English nobles believed King John was abusing his power by forcing them to supply armies, equipment, and money for his many campaigns. Those who failed to do so were severely punished. A war transpired between the nobles and the king – a war that the nobles won. As a result, they forced the King John to sign the Magna Carta, or Great Charter.

5. The Significance: The Magna Carta was the first document describing the rights of Englishmen. The document has been interpreted to contain the following significant concepts which were key to the development of constitutional governments in Great Britain and America: • Government should be limited and not absolute. • Government should be based on the rule of law. • Government should be based on an agreement between the ruler and the people • Representatives of the people should take part in government • The people should have the protection of basic rights including life, liberty, and property and against unjust punishment.

6. The Petition of Right - 1628 The History: The Magna Carta established some rights for noblemen but many rights and laws continued to be violated. More than 400 years after the Magna Carta was signed, a struggle between King Charles and Parliament led to the Petition of Right. In 1625 Charles I took the throne, dissolved Parliament, lodged troops in private homes, and placed certain areas under martial law. When Parliament returned in 1628, the representative forced the king to sign the Petition of Right, severely limiting his power.

7. The Significance: • The Petition of Right limited the king’s power to tax people without the consent of Parliament. • It also guaranteed English subjects certain rights such as protection from Habeas Corpus, quartering of soldiers, or being subject to martial law.

8. The English Bill of Rights - 1689 The History: Parliament removed King James II and crowned William III and Mary II as the new “Constitutional Monarchs”. The English Bill of Rights, signed by William and Mary, established Parliament to have authority and set forth the rights and liberties of English subjects.

9. The Significance: • It restated the concepts of Rule of Law and Limited Government by setting clear limits on what a ruler could or could not do. • It established Parliamentary supremacy. • It restated the concept of government by contract and consent of the people. • It established a balance of powers between the executive and legislative branches. • It included many of the rights we find today in governmental documents used around the world especially the United States Constitution in the Bill of Rights.

10. Enlightenment Philosophers

11. SSCG2 Demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. b. Analyze the impact of the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), Rousseau (The Social Contract), and Montesquieu (The Spirit of the Laws) on our concept of government.

12. Machiavelli Niccoló Machiavelli was an Italian thinker and politician who lived from 1429 - 1527, a time when Italy was made up of many city-states that each had independent governments.

13. Machiavelli The Prince: In this book, Machiavelli discusses what it takes for a leader to get power and keep it. Machiavelli argued that a leader’s authority to rule comes from power. He believed that only a ruler who has power can stay in charge, and being morally good has nothing to do with being powerful. Machiavelli thought power was very important because without a powerful ruler, a country could not be secure and safe.

14. Machiavelli • Machiavelli wrote that the end, or goal, of keeping power was so important that it was okay to use any means, or method, to keep it. • A ruler who wants to stay in power must be prepared to do anything — even things that are evil or cruel. • According to Machiavelli, the only thing that makes people obey laws is the threat of force. Therefore, in order to stay in charge, a ruler had to keep people afraid. • Today, we use the word Machiavellian to describe people who seem to follow this way of thinking.

15. Hobbes Hobbes saw humans as naturally selfish and quick to fight. He believed that before there were governments, people lived in a state of nature. • In a state of nature, everyone had a right to everything. In order to get what they wanted, people would always be at war with everyone else. Nobody would produce anything like inventions, art, or even crops or tools because they would be afraid other people would take them away. He was one of the first of his era to discuss the idea of a social contract between people and their government. In Hobbes’ view, people agreed to give up some rights and power in exchange for protection. • But Hobbes also believed that once the people agreed to hand over power in exchange for protection, they lost the right to overthrow, replace, or even question the government.

16. Hobbes Leviathan: Hobbes wrote Leviathan to explain that a strong central authority was the only way to avoid the evils of war. Hobbes believed a single sovereign, or ruler, should have total authority over the people. He believed that governments work best if all the power rested in one place in order to keep people safe.

17. Locke • John Locke was born in England in 1632. Locke considered becoming a minister, started his career as a doctor, but ended up as a philosopher and political scientist.

18. Locke Two Treaties of Government (Second Treaties of Government): In this book, Locke imagined a set of natural rights that human beings share. • These are the right to life, liberty, and property. Life refers to the fact that people want to live and will fight to survive. Liberty means that people want to be as free as possible to make their own decisions. Property represents the fact that people want to own things that help them survive, such as land, food, and tools. • Locke believed these rights aren’t given to people—people are born with them. He believed the purpose of government is to end the state of nature and give people certain protections, especially natural rights. Locke believed a government can only be legitimate, or valid, if it is based on a social contract with citizens. • The people agree to give up some freedoms if the government agrees to protect everyone’s rights. Unlike Hobbes, Locke believed that if the government fails to deliver, the people should revolt and form a new government.

19. Montesquieu • Montesquieu studied the laws, customs, and governments of European countries to see how they created and enforced laws. • He admired the government of England which had three parts: a king to enforce laws, Parliament to create laws, and courts to interpret laws. The government was divided into parts, and each part had its own purpose. Montesquieu called this the separation of powers.

20. Montesquieu The Spirit of Laws: • Stated that each of the parts, or branches, of government should be equal. • He worried that if one branch had more power than the others, people would suffer and lose their liberty. • To avoid this, he suggested that each branch have the ability to limit the power of the other two branches. Today, we call this the system of checks and balances.

21. Rousseau • Believed that a government’s purpose is to protect liberty, or freedom, and to help people get along. • Rousseau believed that the best form of government was a democracy.

22. Rousseau The Social Contract: In order to have real authority, government must be based on an agreement, or contract, people make with society. People agree to give up some natural freedoms in exchange for protection. • The government then follows the general will—those things that are in the best interest of society as a whole. • If people disagree about what’s best, the government follows majority rule, or what more than half the people want.

23. Foundations of American Government

24. GSE SSCG2 Demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. • Analyze the ways in which the philosophies listed in element 2b (Hobbes, Locke, Rousseau, Montesquieu) influenced the Declaration of Independence

25. 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

26. 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

27. 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”

28. 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.

29. 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.

30. GSE • SSCG3 The student will demonstrate knowledge of the framing and structure of the United States Constitution. • Analyze debates during the drafting of the Constitution, including the Three-Fifths Compromise, the Great Compromise, and the Commerce Clause • Analyze how the Constitution addresses the weaknesses of the Articles of Confederation • Explain the fundamental principles of the United States Constitution, including limited government, the rule of law, federalism, separation of powers, checks and balances and popular sovereignty • Explain the key ideas in the debate over ratification made by the Federalists and Anti-Federalists

31. 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

32. 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

33. 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

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

35. 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!

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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

44. 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 Virginia Plan(The Large State Plan)

45. 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 New Jersey Plan(The Small State Plan)

46. 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 Connecticut Compromise

47. 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.

48. Commerce Clause • Allows Congress to regulate commerce with foreign nations, among the several states and with the Indian Tribes • Broad range of powers has been interpreted by the various courts including regulations of drugs and guns

49. 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”.

50. Opposing Views: Federalists Anti-Federalists 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). • 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.