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Origins of Government. What is Government?. Objectives. To learn what a government is and what it consists of To understand the philosophies incorporated into our present form of government To review the documents that were precursors to our current constitution and amendments.
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Objectives • To learn what a government is and what it consists of • To understand the philosophies incorporated into our present form of government • To review the documents that were precursors to our current constitution and amendments
What is Government? • The institution through which society makes and enforces its policies. • Three powers • Legislative • Executive • Judicial • Varies in type and formation
Governmentand The State • State • Definition • Land with People • Defined Territory • Organized Politically • Power to make and enforce laws • Types of States • Sovereign • Self –Governing • Monopoly on legitimate use of force • Hegemonious • Subject to outside control • Federated • Have given partial sovereignty to a federal government
Forms of Government • Classified according to three criteria: • Who can participate • Democracy • Dictatorship • Geographic distribution of power • Unitary • Federal • Confederate • Relationship between legislative and executive powers • Presidential • Parliamentary
Montesquieu • French • Theory of Separation of Powers • Executive • Legislative • Judicial • Checks and Balances • Significant influence on American Founding Fathers
Voltaire • French • Advocated for civil liberties • Right to Fair Trial • Freedom of Religion • Free trade
John Locke • English • Social Contract Theory • Natural Rights • Separation of Powers • Separation of Church and State • Right to and Occasional Obligation of Revolution • Significant Influence on Declaration of Independence • Natural Right to defend “Life, health, Liberty, or Possessions”
Beccaria • Italian • First Argument against Death Penalty • State does not have right to take life • Is not useful nor necessary punishment • Influence on Penal systems • No Cruel or Unusual Punishment • Right to Speedy Trial • Right to Bear Arms
Machiavelli • Italian • Authored • The Prince • Discourses on Livy • Separation of Powers • Republicanism
Mary Wollstonecraft • British • Feminist • Republican • Advocated equality in both classes and gender • Women only appear inferior due to lack of education
Code of Hammurabi • One of the first written legal codes • 282 laws enacted by Babylonian king • Laws had scaled punishments • Eye for an eye, tooth for a tooth • Death penalty • Punishment varied by social class
Magna Carta • Initially enacted by John I in 1215 at the insistence of nobles • Multiple versions between 1215 and 1297 • Only Three Clauses remain in force today (1, 9, 29) • Other clauses repealed or replaced after 1828 • Limited Royal Powers • Guaranteed Rights of Free Men • Created a version of Parliament (Council of Barons/ House of Lords)
The Petition of Right • 1628 • Response by Parliament to Charles I’s request for increased taxes • Limited power of the monarch • Declared that even the monarch was subject to the law of the land • Early bill of rights • Parts of US constitution are based from it including the 3rd amendment.
English Bill of Rights • 1688-89 • Provisions offered to William & Mary in exchange for the crown following the Glorious Revolution (abdication of James II) • Predecessor to US Bill of Rights (1st, 2nd, 5th, & 8th amendments)
Mayflower Compact • First governing document of Plymouth colony • Social contract for survival • Majoritarian rule • Signed by 41 of 101 passengers
Colonial Government • Each colony granted a charter from the monarch • Three types • Royal • Proprietary • Charter • Each colony had a governor and a legislature
Virginia Declaration of Rights • June 1776 • Proclaimed the inherent rights of men including rebellion against inadequate government • Influenced later documents • Declaration of Independence • Bill of Rights
Iroquois Confederation • Confederation of six Native American nations • Formed own centralized democratic government prior to European colonization • Grand Council (50 Members) • Women, especially mothers, had significant influence on decision making and “elections” • Influenced both Articles of Confederation and US Constitution
Document Activity • Get into groups of 4-5 • You will be given a copy of a historical document. DO NOT WRITE ON IT!!!!! • Read the document to yourselves and discuss it as a group • As a group summarize the key points of the document (need a minimum of 3) Write these down • Select a spokesperson to present the summary to the class • Turn in a written summary and the original document at the end of class as instructed
Next Time • Royal Injustices • Revolution! • A new nation • Articles of Confederation • Constitutional Convention • Ratification of the Constitution