Unit 1 Historical and Philosophical Foundations of American Government

1. Unit 1 Historical and Philosophical Foundations of American Government

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

3. 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?

4. Unit 1 Purpose This unit provide an overview of some important philosophical ideas and historical events that influenced the writing of the Constitution. This unit provides a frame of reference and a 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.

5. Lesson 1: What Did the Founders Think about Constitutional Government?

6. 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 the natural rights and 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.

7. 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.

8. Characteristics of Colonial America • Europeans first settled two centuries before 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

9. 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

10. 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

11. 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.

12. What Form of Government to Choose? • 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 simply seize the wealth of the rich through warfare • Founders favored a representative (republican) form of government

13. 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.

14. Lesson 2:  What Ideas about Civic Life Informed the Founding Generation?

15. 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.

16. 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 • 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.

17. 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

18. 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)

19. Natural Rights Philosophy • Social Contract Theory • 17thc. - 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

20. 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 inequalities remained. (SLAVERY)

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

22. 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.

23. 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

24. 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

25. 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

26. Rise of the Nation-State In mid 1600s, national sovereignty was agreed upon among several nation-states Each nation-state had a right to an independent existence, with its of 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.

27. 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)

28. The Enlightenment 18th c. scientific & intellectual movement Philosophers embrace scientific reasoning (Locke, Hobbes) in study of government Founders believed that through reason, observation, and the study of philosophers’ writings, they could understand the workings of government and social institutions.

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

30. 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.

31. 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.

32. 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.

33. 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.

34. Roots of English Government • After fall of 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

35. Parliamentary Government Begins • 1295 - Edward Isummons “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

36. The Development of “Common Law” William the Conqueror creates a common law for entire kingdom Judges must publish decisions (creates precedents) This system gives predictability and stability to laws

37. The “Rights of Englishmen” • Magna Carta (1215) – King John signs a charter that confirmed certain traditional rights • Rule of Law • Every member of society (even Monarch) must obey laws • Outlaws arbitrary government • Basic Rights • Establishes 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 (Magna Carta)

38. 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

39. English Bill of Rights • Influences on Founders • Rule of Law • Restate 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

40. Lesson 5:     What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold?

41. Lesson 5 Purpose This lesson describes how basic ideas of Constitutional government were developed and used in the American colonies before independence. It also explains how social and economic conditions in America sometimes required old ideas about government to be adapted or discarded. Occasionally the colonists needed to create entirely new institutions.

42. Lesson 5 Terms & Concepts • Charter • A written document from a government or ruler that grants certain rights to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land. • Constituent • A person represented by an elected official. • Covenant • A binding agreement made by two or more persons or parties. In Protestant churches during the Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was such a covenant. • Indentured Servant • A person who voluntarily sold his or her labor for a set period of time in return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century.

43. Lesson 5 Terms & Concepts (Continued) • Magistrate • A lower-level judicial officer, usually elected in urban areas, who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official. • Mayflower Compact • An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony." • Suffrage • The right to vote.

44. Lesson 5 Objectives • Describe the early development of America’s traditions of constitutional government. • Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government. • Evaluate, take, and defend position on • The differences between life in colonial American and in England during the same period. • The relationship between natural rights theory and slavery in America • How natural rights philosophy and history help to explain the colonists’ views of the proper role of government.

45. Colonial Settlements = Constitutional Experiments • England provided two incentive plans for settlers • Royal Proprietorship (11 of 13 colonies) • Land given to friends of the king • Proprietors then found ways to lure settlers to their colony • Joint-Stock Company (Virginia) • Land given to companies in order to generate profits (business) • Mayflower Compact • Pilgrims lay foundation for Massachusetts gov’t • Early example of social contract theory

46. The Unique American Experience Higher wages and more land available Colonists ignore many English land customs (primogeniture: land passed down to eldest son) Wealth & family name did not mean automatic success. Ambition & hard work as, if not more, important. The chance to improve one’s life became a fundamental ideal of America.

47. The Rights of Colonial Charters • Many royal charters (written document that grants rights) echo ideals of Magna Carta • Tradition of expressing rights in writing became an essential part of American constitutions • Examples of rights granted • Habeas Corpus • Trial by Jury • Right to own property • Avoid self-incrimination • Free from cruel & unusual punishment

48. Whose Rights Were Excluded? • In some colonies the following rights were restricted • Only Protestant White Men can vote • Women not granted political rights • ½ to 2/3 immigrants were indentured servants (similar to slavery until period of indenture ended) • Native Americans treated as foreigners, often removed from land • African slavery • 1760 - 20% of population • Treated as property, denied basic human rights

49. Colonial Ideas of Constitutional Gov’t • Fundamental Rights • Started as fundamental rights of Englishmen • Developed into protections under natural rights philosophy • Rule of Law • Government official must obey the laws and could not exercise power arbitrarily • Separation of Powers • Legislatures – Make laws • Governors - Enforce laws • Courts – Interpret laws

50. Colonial Governments: More Representative Than Britain? Property requirements for voting Land in American relatively easily to obtain, so % of eligible voters larger than in England Colonial legislatures served shorter terms, meaning more voter choice Members of colonial legislatures needed to live in the district they represented, unlike England