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Foundations of Government

Foundations of Government. PHILOSOPHICAL ORIGINS. Self Government. Who are the founding fathers? What is self government? When the colonies were officially under the control of the British Government, the colonists made many local decisions on their own Town hall meetings Juries

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Foundations of Government

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  1. Foundations of Government

  2. PHILOSOPHICAL ORIGINS

  3. Self Government • Who are the founding fathers? • What is self government? • When the colonies were officially under the control of the British Government, the colonists made many local decisions on their own • Town hall meetings • Juries • Local elections

  4. PLATO • Leaders should be “wise” • Purpose of government = unite people and provide ways for people to work within their community (people have a responsibility to contribute to the community)

  5. ARISTOTLE • 3 main responsibilities of a state: • Discuss and create public policy • Carry out public policy • Solve disputes and interpret public policy • Different forms of government • Corrupt governments = autocracy • Government run by the wealthy = oligarchy • Government ruled by the people = democracy

  6. WHAT DID WE “LEARN” from GOVERNMENT PHILOSOPHY? • Human nature (Hobbes and Locke) • Social contract (Hobbes and Locke) • Natural Rights (Locke) • Democracy v. Republic (Aristotle and many others) • Limited Government and Constitutions

  7. BRITISH ORIGINS

  8. The Parliament • Started as a group of advisers, but slowly evolved into a more representative body • In time, as the Parliament gained more power, they began to limit the power of the British Monarch by forcing him to agree to certain documents or “contracts”

  9. Common Law • Common law = unwritten laws that exist based on the decisions made by judges • When judges publish their decisions, it is understood that everyone follows that decision like they would follow a law • These decisions became PRECEDENTS • Precedents = rules that guide future decisions • Why is common law “judge made laws?”

  10. MAGNA CARTA • Created to put down on paper, rights that already existed (just not officially) • Placed a check on the absolute power of the King (in writing) • Focused on taxation issues • It included: • Rule of Law • Basic Rights • Government by agreement or contract • This document emphasized the idea that law also applied to the King

  11. PETITION OF RIGHT • The King tried to raise money (tax) without the consent of Parliament • Because of this violation, the Parliament created the Petition of Right • Rights that were included in this document: • Quartering of soldiers • Habeas corpus (people held in custody by the government are to be informed for the reasons for why they are being held)

  12. ENGLISH BILL OF RIGHTS • 1688: Glorious Revolution: While the Parliament was recognized as the dominant legal force in the British Government, they still struggled with the King for power- this struggle turned in a revolution • After the Revolution, the new King was required to agree to the Bill of Rights • It included: • Limited the Kings ability to tax without Parliament’s consent • Emphasized the legitimacy of the Parliament (representative government)

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