Evolution of the American Republic

1. Evolution of the American Republic

2. Hammurabi's Code of Laws The Code of Hammurabi is an ancient preserved law code created in 1790 B.C in ancient Babylon. It was written by the sixth Babylonian king Hammurabi. First ever written entire body of laws, arranged in orderly groups, so that all men might read and know what was required of them.

3. Importance to the Ancients This work is also a great source of information about the society, religion, economy, and history of this period. Each part describes in detail a crime or incident, and the punishment/procedure for it. Ex. The witness who testifies falsely is to be killed. Indeed, all the heavier crimes are made punishable with death. Even if a man builds a house badly, and it falls and kills the owner, the builder is to be killed also. If the owner's son was killed, then the builder's son is killed. This is where the Hebrews learned their law of "an eye for an eye”.

4. Major Ideas Public Proclamation of Laws Punishments Fit the Crime Equal punishment for crimes (house falling in/eye for an eye) Objective Application of the Laws Very straightforward about who is at fault, and what the punishment will be (more stable and predictable

5. Major Ideas continued Principle of Retaliation If a man hits a pregnant women, and she loses the baby he will pay ten shekels for her loss; if she dies, his daughter will be put to death Social Status Punishments decided by social class If a slave is killed he owes the master money Proper Performance of Work Set price for hiring an oxen, cart, and driver

6. Hebrews

7. Abrahamc.2000-1500 BC • Founded Hebrews (Jewish People) • Yahweh, “One God,” told him to take his family and move to Canaan (the Promised Land) • They were nomadic herdsmen • Many descendants (think “Father Abraham”)

8. Mosaic Law • Law deriving from the old testament, believed to be handed down to Moses directly from God (Yahweh) • Along with the Code of Hammurabi, Mosaic law is very evident in the Western legal system, and in daily society • Can you think of some examples???

9. No universal set of law during early middle ages in Western Europe The Eastern Empire (Byzantine Empire) tried to preserve Roman law Emperor Justinian (527-565) ordered the study and codification of existing law codes Creating a Set of Laws

10. 534 – the completion of Justinian’s Code • This results in the preservation of Roman law; eventually makes it to Western Europe, preserving citizenship and rights • It had 3 major parts • The Code: Codification of all existing laws • The Digest: Explanation of courts opinions on laws; a guide for judges (ex. stare decisis, Supreme Court) • The Institutes: basically a textbook on Roman law

11. Magna Carta • Kings steadily gain power until nobles have had enough • 1215 they revolt against King John, son of Henry II • The king’s army is defeated and he is forced to sign the Magna Carta

12. Magna Carta (continued) • Magna Carta means Great Charter in Latin, and it sets the precedent for personal freedom and rights in Western Europe after it is signed at Runnymede in 1215 LIMITED GOVERNMENT!!

13. English Bill of Rights 1689 • Limits the Power of the Monarch • Rights in Parliament (regular meetings, free elections, freedom of speech in parliament, laws/rights cannot be suspended by the king without parliamentary consent) • Individual Rights (cruel and unusual punishment, freedom of arms for protestants, no taxation without parliamentary consent, no standing army in peace time) • This is a big step towards the crown having to seek the input of the people to make major decisions

14. Jamestown Charter (Virginia) • Two early documents in American history laying out how the people will be governed (along with Mayflower Compact). • 1606 Charter (Jamestown/Virginia) - large chunk of land in Northeast that was set aside for propagating the Christian religion by King James I of England • Other rights: those born in colonies have rights of British citizenship

15. Mayflower Compact (1620) • Written by male passengers of the Mayflower (religious separatists fleeing persecution from King James I). • Basically a social contract to avoid domination by a single individual, and meant to keep order while they survived in an area that was not their original destination • Restrained liberty, but provided a law making body since they technically landed outside the area they agreed to be governed in (had to sign before going ashore)

16. Declaration of Independence (1776) • Document stating that the 13 American colonies were independent, sovereign states, and would form a new nation • It contains a list of grievances against King George III • Asserts certain inalienable rights, including the right to revolt • “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” • As a country we still strive to achieve this all the time, even if it is not fully accomplished

17. Articles of Confederation (1781) • 1st Constitution of the U.S. • Very few powers to the federal government, and the states were almost completely sovereign • Problems began to arise fairly quickly since the government was too weak to govern the country (taxes,trade, military, courts, Shay’s Rebellion, etc.)

18. Shay’s Rebellion (Background) • A weak federal government could not raise taxes to pay soldiers who had won the war • They also were having trouble issuing currency, which was scarce • Businesses were requiring cash payments, and the local famers (many veterans) were used to bartering • As a result, many of them lost property • They began to revolt against the government who hadn’t paid them, and who was standing by while they lost their land

19. Shay’s Rebellion (Results) • Many had already been calling for reform to make a stronger federal government; this event made it clear that it was needed an lead to the much stronger US Constitution (tax, military, currency etc) • George Washington was in retirement after revolutionary war; the rebellion brought him out, and after the Constitution was formed creating a President, he was elected to the first 2 terms • Almost everyone who participated was pardoned, except 2 men who actually murdered and looted as part of the uprising

20. U.S. Constitution • The Founding Fathers are radicals for freedom and liberty (Children of the Enlightenment) • inspired by Renaissance and Enlightenment ideals of Humanism and Individualism • humans can be good without being religious; logic is the basis for decision making; man should govern self • Basically they were encouraging people to think for themselves • If the universe is rational, and man can understand it, he can rule himself (radicals of all religions hate this idea) • no magic spells, curses or vengeful god are involved; logic and reason rule the day • Reason over reaction; Freedom of Body and Mind; Freedom from Government and Church; Limited Government

21. U.S. Constitution (cont.) • We will study the actual document in detail in the next unit (lots of compromise was required to get the document approved) • Know Federalist vs Anti-Federalist ideas • Federalists: wanted a strong national government to protect the country, levy taxes, a regulated judicial branch, wanted to create the executive branch (President) • Anti-Federalist: Feared the power of a “king,” thought too many freedoms could be taken by a strong government (Executive Orders? Privilege?) • What is the Solution??? Is there a compromise???

22. Bill of Rights • These were added almost immediately to calm the fears of Anti-Federalist who thought too many rights would be stripped • These are the 1st 10 amendments that guarantee a lot of the rights we enjoy today