Unit 1 Historical and Philosophical Foundations of American Government

Unit 1 Historical and Philosophical Foundations of American Government

Essential Question • What Are the Philosophical and Historical Foundations of the American Political System?

Unit Overview • Lesson 1: What Did the Founders Think about Constitutional Government? • Lesson 2: What Ideas about Civic Life Informed the Founding Generation? • Lesson 3: What Historical Developments Influenced Modern Ideas of Individual Rights? • Lesson 4: What Were the British Origins of American Constitutionalism? • Lesson 5: What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold? • Lesson 6: Why Did American Colonists Want to Free Themselves from Great Britain? • Lesson 7: What Basic Ideas about Government and Rights Did the State Constitutions Include?

Unit 1 Purpose • This unit provides an overview of some important philosophical ideas and historical events that influenced the writing of the Constitution. • This unit also offers a frame of reference and basis for understanding the other units in this text. • Following this unit, you will appreciate why our history as a people has been a great adventure in ideas and in trying to make these ideas a reality.

Lesson 1: What Did the Founders Think about Constitutional Government? Created by Tom Driscoll http://driscoll-class.wikispaces.com/ Slideshow Accompanies The Center for Civic Education’s “We the People: The Citizen & The Constitution” Curriculum

Lesson 1 Purpose • This lesson introduces the basic ideas and experiences the founding generation drew on to create the kind of government they believed would best protect natural rights and the common good. • Participation in colonial self-government and early America’s diversity fostered rich dialogue about the purpose of government and how it should be organized.

Lesson 1 Objectives • Describe the diverse features of the early American colonies and their populations. • Explain what the Founders learned about government from history and their firsthand experiences of government and how this shaped their thinking. • Explain the meanings of the terms “constitution” and “constitutional government” and describe the forms of constitutional governments. • Evaluate, take, and defend positions on • the sources that should be consulted if a new constitution were written today. • whether the founders’ concerns about abuse of power are still valid. • the importance of written Constitutions.

Lesson 1 Terms & Concepts • constitution • A plan of government that sets forth the structures and powers of government. In democracies, a constitution is an authoritative law through which the sovereign people authorize a government to be established and grant it certain powers. • constitutional government • Limited government; the rule of law. A form of government in which a written, unwritten, or partly written constitution serves as a higher or fundamental law that everyone, including those in power, must obey. The rule of law is an essential feature of constitutional government. • democracy • Literally defined as "rule of the people," democracy is a form of government in which all citizens exercise political power, either directly or through their elected representatives. • forms of government • (1) Aristotle's idea of three forms of government based on the number of people exercising power. Each has a "right" form and a "corrupt" form. The right form of government by a single person is a "monarchy." The right form of government by a few people is an "aristocracy." And the right form of government by many people is called "polity." (2) Types of democratic governments. For example, parliamentary systems, such as those of Britain and India; separation of powers systems, such as that of the United States; and presidential systems, such as that of France. (3) General forms of government, such as monarchies, republics, and autocracies.

Lesson 1 Terms & Concepts • limited government • In natural rights philosophy, a system restricted to protecting natural rights that does not interfere with other aspects of life. More generally, limited government is constitutional government governed by the rule of law. Written or unwritten constitutions are used to empower and limit government. • Parliament • The British legislature, which consists of two houses: the House of Lords, which once represented the nobility, and the House of Commons, which formally represents the common people. Most members of the House of Lords are appointed for life by the government of the day and are not members of the hereditary aristocracy, who once dominated it. • republic • According to James Madison, a form of government that derives its powers directly or indirectly from the people, is administered by officials holding power for a limited time, and incorporates representative institutions. • unwritten constitution • The body of political practices developed through custom and tradition. Only three of the world's major democracies have constitutions that are not single, written documents: Britain, Israel, and New Zealand. In each of these nations, the constitution is a combination of written laws and precedents. • written constitution • A written plan of government that sets forth the structures and powers of government.

Characteristics of Colonial America • Europeans first settled two centuries before the Treaty of Paris (1783) • Native American Population on the Decline (war, disease) • Diverse European backgrounds (German, French, Dutch) • Came for religious (Puritans) and economic (Jamestown) reasons

Characteristics (cont…) • Vast estates in Middle to South, smaller towns in New England • Southern farms grew export crops, were larger with many more slaves • New England – subsistence farming, livestock, local markets

How Did The Founders Learn About Government? • Read classical texts about gov’t & politics (Aristotle) • Studied newer 16th & 17th c. philosophers (Locke) • Also fell back on 150 years of local self-government • Free white men served on juries, attended town meetings, and voted in local elections

What did the Founders Learn? • Government should be a servant, not the master, of the people • A fundamental higher law, or constitution, should limit government

Forms of Government • Aristotle’s forms of government • Rule of One= Monarchy (corrupt = Tyranny) • Rule of Few= Aristocracy (corrupt = Oligarchy) • Rule of Many= Polity (corrupt = Democracy) • Aristotle feared that in a direct democracy, the poor would seize the wealth of the rich through warfare • Founders favored a representative (republican) form of government

What is a Constitution? • Def: A plan that sets forth the structure and powers of a government • Constitutional government also means limited government • Government limited by the provisions of the constitution • Written Constitutions are controversial since it involved interpretation, change, and the power of who has the final say

Characterizing Higher Law • Different from legislative statute in following ways: • Sets forth basic rights of citizens • Establishes responsibility of the gov’t to protect those rights • Establishes limitations on gov’t power regarding rights, distribution of resources, and conflict management • Can be changed only with consent of the people and according to established procedures

Lesson 2: What Ideas about Civic Life Informed the Founding Generation? Created by Tom Driscoll http://driscoll-class.wikispaces.com/ Slideshow Accompanies The Center for Civic Education’s “We the People: The Citizen & The Constitution” Curriculum

Lesson 2 Purpose • People’s judgment about government may reflect ideas about human nature, the proper function and scope of government, the rights of individuals, and other values. • Political philosophers have discussed these matters for thousands of years. • This lesson examines important concepts such as the common good, civic virtue, the state of nature, natural rights, consent, and the social contract.

Lesson 2 Objectives • Describe how and why natural rights philosophy differs from classical republicanism. • Describe how both systems of thought influenced the founding generation. • Explain challenges society faces when it strives to preserve the rights to life, liberty, property, and the “pursuit of happiness,” while also promoting the common good and civic virtue. • Evaluate, take and defend positions on • the importance of civic virtue today. • the role of political philosophy in thinking about government.

Lesson 2 Terms & Concepts • civic virtue • The dedication of citizens to the common welfare of their community or country, even at the cost of their individual interests. Traditionally considered most relevant to republics, since republican citizens are responsible for the well-being of their country. • classical republicanism • The ideals and practices of ancient Greek or Roman city-states that emphasized civic participation and the responsibility of citizens for the well-being of their polity, or country. Acts by citizens that placed the public good, or common welfare, above private interest were especially prized. • common good • The good of the community as a whole, as contrasted with private interests that may conflict with public interest. Also known as the public good. • consent of the governed • Agreement by citizens to obey the laws and the government they create. Consent is the foundation of government's legitimacy.

Lesson 2 Terms & Concepts • divine right • The idea prevalent in early modern Europe that monarchs derive their authority directly from God. Adherents to this doctrine claimed that to disobey such monarchs, to attempt to replace them, or to limit their powers is contrary to the will of God. Also known as the divine right of kings. • inalienable rights • Fundamental rights inherent to being human that every person therefore possesses that cannot be taken away by government or another entity. This phrase was used in the Virginia Declaration of Rights and the Declaration of Independence. • natural rights • The doctrine that people have basic rights, such as those to life, liberty, and property in a state of nature. Some writers, especially those influencing the American Founders, argued that certain of these rights are inalienable-inherent in being human-and that people create governments to protect those rights. • political legitimacy • Acceptance by the governed that the claim to authority by those who govern is justified. In democratic societies, legitimacy is achieved only when those who govern gain power through the free consent of the governed in free and fair elections. • popular sovereignty • The natural rights concept that ultimate political authority rests with the people.

Lesson 2 Terms & Concepts • pursuit of happiness • An "unalienable" right stated in the Declaration of Independence. It is the right of Americans to pursue personal fulfillment in their own way, so long as they do not infringe on the rights of others. Within certain limits, this right denies the legitimacy of government to decide what kind of happiness one ought to seek. • right to revolution • The right of the sovereign people of any democratic state or regime to depose a government after it has attacked citizens' basic rights for a significant period of time. This right, espoused by English philosopher John Locke, was asserted in the Declaration of Independence to justify separation from Britain and the overturning of the authority of King George III. • social contract theory • Presumption of an imaginary or actual agreement among people to set up a government and obey its laws. The theory was developed by the English natural rights philosopher John Locke, among others, to explain the origin of legitimate government. • state of nature • The condition of people living in a situation without government; anarchy. Natural rights philosophy inquired about what rights, moral rules, or laws applied in such circumstances and what rights, if any, people retained after agreeing to leave the state of nature to form a politically organized society or state.

The Founding Generation’s Values • Classical Republicanism (Ancient Rome) • Place the needs of people as a community above individual liberty and self-determination (Promoting the common good) • Three Main Aspects of Classical Republicanism • Small, uniform communities • Good gov’t is only possible in small communities because people are able to know and care for one other and discern the common good.

The Founding Generation’s Values (Cont…) • Citizenship & Civic Virtue • Citizens should set aside personal interests to promote common good. (ex. Cincinnatus / Washington) • Moral Education • Children must learn • rituals & values of society • skills to speak & reason well • Values of civic virtue • Skills to participate in political debate

The Role of Philosophy in the Study of Gov’t • New philosophies challenges Divine Right of Kings in 1600s • Idea that monarchs derive their authority to rule from God • New thinkers suggested that self-government was required for social peace and a just society. • Natural Rights philosophy suggest what life would be like in a complete state of nature (no government)

Natural Rights Philosophy • Social Contract Theory • 17th c. - Thomas Hobbes proposes that people enter a contract with government to maintain stability & peace. • John Locke • People possess inalienable rights (life, liberty, property) • Government protects natural rights, but can be replaced if it fails to protect those rights

Natural Rights’ Influence on the Founders • Individual Rights • Inalienable rights exist regardless of wealth, social status, or birth. • Popular Sovereignty • The government derives its authority from the people. (social contract) • People have the right to create whatever government they feel is best. • Limited Government • Authority is limited by the purpose for which government is created. • Human Equality • All people are free from another’s control and are equal to another. • Colonial American enjoyed more social equality than Europe, but huge social inequalities remained. (SLAVERY)

Lesson 3: What Historical Developments Influenced Modern Ideas of Individual Rights?

Lesson 3 Purpose • The previous lessons explored philosophical ideas that shaped the Founders’ thinking about constitutional government and civic life. • This lesson examines important historical developments that also influenced their ideas.

Lesson 3 Objectives • Explain the differences between classical republican and Judeo-Christian ideas about the importance of the individual. • Explain how certain historical development influenced modern ideas about government, constitutionalism, and individual rights. • Evaluate, take, and defend positions on • Approaches to theories of morality • The importance of the rise of capitalism • How the enlightenment inspired the founders.

Lesson 3 Terms & Concepts • capitalism • An economic system in which the means of producing and distributing goods are privately owned and operated for profit in competitive markets. • city-state • A politically independent community consisting of a city and its surrounding territory. • feudalism • A system of social, economic, and political organization in Europe from the ninth to about the fifteenth century in which a politically weak monarch shared power with the nobility. The nobility required work and services from the common people, known as serfs, in return for allowing them to live on and make use of the noble's land and benefit from the noble's protection. • Judeo-Christian • Ideas, beliefs, and practices that have their historical roots in Judaism and Christianity.

Lesson 3 Terms & Concepts • nation-state • As currently used, a country; the standard unit of political organization in the world. The nation-state received its name from the idea of a people, or "nation," organizing itself politically for self-rule. Many countries today, however, are composed of two or more distinct peoples. • private morality • An individual's ideas about right and wrong to be practiced in one's personal life. These are derived from religious, philosophical, familial, and other sources, including individual conscience. • public morality • The values and principles of right and wrong pertaining to public policies and actions.

Judeo-Christian Heritage of Human Rights • Greek & Roman = Public Morality • Virtues important for acting in the community • Judeo-Christian = Private Morality • Virtues of inner faith & obedience to God • Christian teaching of individual dignity & worth contributed to Founders’ belief in individual rights • The church was a major unifying social institution during the Middle Ages, however… • Political loyalties remained local • No nations (in modern sense) to compete for loyalties

European Concepts of the Individual & Society (Middle Ages) • Feudal Society • Highly fragmented, isolated communities • “Land for service” • Class system with strict rights & responsibilities (Royalty, serf) • Hierarchical – no equality among groups and classes • Social relationships were permanent & hereditary • Property only gained or passed on through inheritance • No concept of natural rights belonging to individual

The Renaissance • “Rebirth” – period marked by revival of intellectual life in Europe (14th c.) • Educated people rediscover ancient Greek & Roman culture & teachings • Protestant Reformation & printing press encourage people to read and form opinions for themselves • This spirit developed into modern individualism • Many begin to challenge authority of the church and established institutions

Rise of the Nation-State • 1648 – Peace of Westphalia: national sovereignty was agreed upon among several nation-states • Each “nation-state” had a right to an independent existence with its own institutions (gov’t & religion) • People begin to think of themselves as members of a nation, with public rights and duties. • Political thought now shifted to what kind of gov’t would be best.

Capitalism – The New Economic System • The means of producing and distributing goods and services became privately owned and operated for profits in competitive markets • More choice of occupations, shifting attention to private interests (away from common good) • Many became wealthy through commerce, not just inherited land (a challenge to royalty) • Power begins to shift towards rising class of capitalists

The Enlightenment • 18th c. period of scientific & intellectual movement • Philosophers embrace scientific reasoning (Locke, Hobbes) in study of government • Ideas founded on notion that human behavior could be understood, predicted, and controlled • Founders believed that through reason, observation, and the study of philosophers’ writings, they could understand the workings of government and social institutions.

Lesson 4: What Were the British Origins of American Constitutionalism?

Lesson 4 Purpose • This lesson describes the evolution of British constitutional government. • It examines the early stages of English government in the feudal period. • It also traces the development of representative institutions in England, English common law, the relationship between legal and constitutional structures, and the difference between British and American constitutionalism.

Lesson 4 Objectives • Explain how rights and representative government evolved in England and how this evolution influenced the Founders. • Identify the origins of some of Americans’ most important constitutional rights. • Evaluate, take, and defend positions on • The influence of the Magna Carta on the development of rights. • The importance of habeas corpus and trial by jury.

Lesson 4 Term & Concepts • Common Law • The body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France. • Magna Carta • King John of England agreed to this document in 1215… The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional government • Precedent • Previous court decisions upon which legal issues are decided. • Redress of Grievances • The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs.

Lesson 4 Terms & Concepts (Continued) • Rights of Englishmen • Refers to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others. • Rule of Law • The principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation. • Stare Decisis • Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States. • Writ of Habeas Corpus • Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful.

Roots of English Government • After fall of the Roman Empire, England divided into tribes • 1066 – William the Conquer unites tribes into a single Kingdom. (EstablishesFeudalism) • English monarch • Made laws • Supervised law enforcement • Heard court cases • Defended the kingdom • The kings advisers evolved into Parliament & the Royal Court

Parliamentary Government Begins • 1295 - Edward I summons “Model Parliament” • 2 Representative Parts (Houses) • House of Lords: Nobility & Church officials • House of Commons: Citizens & Knights (w/ wealth & status) • For monarchs, Parliament was a convenient way to negotiate with all of the country’s interests at once • English subjects found it to be an effective way to voice grievances & limit monarchs power

The Development of “Common Law” • To simplify complicated web of local legal systems, William the Conqueror creates a common law for entire kingdom • Judges required to publish decisions (creates precedents used to decide future cases) • This system establishes predictability and stability to laws

The “Rights of Englishmen” • Rights of Englishmen • Over time, monarchs and judges came to recognize certain personal rights (trial by jury of one’s peers) • Magna Carta (1215) – King John forced to sign a charter confirming certain traditional rights • Rule of Law • Every member of society (even Monarch) must obey laws • Outlaws arbitrary government • Basic Rights • Establishes redress of grievances (compensation for loss or wrong done to those if the Crown infringes on their common law rights) • Government by Contract • Established principle of drawing up agreements between parties as a basis for legitimate government

The British Constitution • Not a single document, instead consists of common law, important acts of Parliament, and tradition. • Important documents include Magna Carta (1215), Petition of Right (1628), English Bill of Rights (1689). • Habeas Corpus Established • Government must justify why a person is held in custody. • Limits government from jailing persons arbitrarily or indefinitely

English Bill of Rights • Influences on Founders • Rule of Law • Restated idea in Magna Carta that rule of law is the foundation of limited government • Representative Government • Only representative government is legitimate • Americans reject representation by social classes, instead favoring the idea of social equality

Unit 1 Historical and Philosophical Foundations of American Government