II

What is a state?

The state—a body of , living in a organized and with the to make and enforce law without the consent of any higher authority

PEOPLE

POWERPOLITICALLYDEFINED TERRITORY

What are the necessary qualities of a state?

• POPULATION• TERRITORY• SOVEREIGNTY—the possession of

supreme and absolute power within its boundaries

• GOVERNMENT

What is government?

the institution through which a society makes and enforces its public policies

Why did governments come about?

We the People of the United States, in Order to form a more perfect Union, establish

Justice, insure domestic tranquility, provide for the common defence, promote the

general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do

ordain and establish this Constitution for the United States of America.

So…

• Form a more perfect union

• Establish justice

• Insure domestic tranquility

• Provide for the common defense

• Promote the general welfare

• Secure the blessings of liberty

How did governments come about?

FORCE THEORY—the strongest rule

THEORY 1

How did governments come about?

EVOLUTIONARY THEORY—governments build from simpler groups (family…clan…tribe, etc)

THEORY 2

How did governments come about?

DIVINE RIGHT THEORY—God created the state; God ordained those with royal standing the “divine right” to rule

THEORY 3

How did governments come about?

SOCIAL CONTRACT THEORY—in the state of nature, life was “nasty, brutish, and short.” Humans agreed to a mutual agreement between the rulers and the ruled for the benefit of all.

THEORY 4

Three ways to classify governments

• DEMOCRACY—supreme political authority rests with the people

METHOD 1: By who can participate

DIRECT—the will of the people is directly turned into public policy

INDIRECT—the will of the people is represented by appointed leaders

Also known as REPRESENTATIVE DEMOCRACY

Impractical Poor decisions

ELITIST THEORY OF DEMOCRACY

Three ways to classify governments

• DICTATORSHIP—those who rule cannot be held responsible to the will of the people

METHOD 1: By who can participate

AUTOCRACY—a single person holds unlimited power

MONARCHY—heredity determines ruler

MILITARY—force determines ruler

OLIGARCHY—power is held by a small, usually self-appointed group

Three ways to classify governments

• UNITARY—all powers by the government belong to one central government

• FEDERAL GOVERNMENT—powers are divided between a central government and a local government (division of power)

• CONFEDERATE GOVERNMENT—an alliance of independent states

METHOD 2: Geographic distribution of power

Three ways to classify governments

• PRESIDENTIAL GOVERNMENT—executive and legislative branches of the government are elected by the voters

• PARLIAMENTARY GOVERNMENT—the executive branch is elected by the legislative branch

METHOD 3: Relationship between the legislative and executive branches

Declaration of Independence

JOHN ADAMS

ROGER SHERMAN

ROBERT LIVINGSTON

THOMAS JEFFERSON

BENJAMIN FRANKLIN

Committee of Five

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with

another and to assume among the powers of the

earth…

When in the Course of human events it becomes necessary for one people to

dissolve the political bands which have connected them with another and to

assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the

opinions of mankind requires that they should declare the causes which impel

them to the separation.

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.

UNALIENABLE—CANNOT BE TAKEN AWAY

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.

That to secure these rights, Governments are instituted among Men, deriving their just powers from

the consent of the governed,

That whenever any Form of Government becomes

destructive of these ends, it is the Right of the People to alter or to

abolish it, and to institute new Government, laying its foundation on such

principles and organizing its powers in such form, as to them shall seem most

likely to effect their Safety and Happiness.

Articles of Confederation

Features/Powers

• “a league of friendship”• Each state maintained its sovereignty• Legislative: Unicameral

– 9/13 to pass any measure

– Each state had one vote

• Executive: In name only—powerless • Judicial: Did not exist• Unanimous consent of all 13 to amend

Constitutional Convention

When?

May 25—September 17, 1787

Where?

Independence Hall; Philadelphia, PA

Virginia Plan

Presented by Edmund Randolph May 29; conceived by James Madison, “the Father

of the Constitution”

Virginia Plan

LEGISLATIVE EXECUTIVE JUDICIAL

COUNCIL OF REVISION

Supreme Tribunals

Elected by the people

Proportional representation

based on population/tax

Elected by state

legislatures

Elects

Establishes

Inferior Courts

VETO

HO

US

E

SE

NA

TE

New Jersey Plan

Presented by William Paterson on June 13

New Jersey Plan

LEGISLATIVE EXECUTIVE JUDICIAL

Supreme Tribunals

Equal representation; vote as a state

Elected by state

legislatures

Elects Establishes

Inferior Courts

HO

US

E

• Revision of the Articles

• Empowers government to regulate commerce and collect revenue

Multiple people

The Great Compromise (Connecticut Compromise)

Presented by Roger Sherman on July 5

Equal representation

The Great Compromise

LEGISLATIVE EXECUTIVE JUDICIAL

Supreme Court

Elected by the people

Proportional representation

based on population (65)

Elected by state

legislatures

Establishes

Inferior Courts

JUDICIAL REVIEW

HO

US

E

SE

NA

TE

Appoints

Elected by Electoral College

“A bundle of compromises”

• Representation in Congress

• Three-fifths compromise

• 4-year term for President

• Judicial appointment, Senate approval of justices

EDUCATION

JOHN LOCKE

TWO TREATISES OF GOVERNMENT

JOHN LOCKE

TWO TREATISES OF GOVERNMENT

• SOCIAL CONTRACT: GOVERNMENT HAS THE RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS

EDUCATION

JOHN LOCKE

TWO TREATISES OF GOVERNMENT

BARON DE MONTESQUIEU

THE SPIRIT OF LAWS

BARON DE MONTESQUIEU

THE SPIRIT OF LAWS, 1748

• SEPARATION OF POWERS

• PEOPLE ARE GOVERNMENT’S REAL SOURCE OF POWER

PAST DOCUMENTS

PAST DOCUMENTS

JOHN LOCKE

TWO TREATISES

MONTESQUIEU

SPIRIT OF LAWS

MAGNA CARTA

KING JOHN; 1215; ENGLAND

MAGNA CARTA

ENGLAND, 1215

• KING IS BOUND BY LAW

• DEMANDS FORCED ON KING JOHN BY HIS SUBJECTS

• PROTECTS CERTAIN RIGHTS OF KING’S SUBJECTS

•TRIAL BY JURY

•DUE PROCESS

•PRIVATE PROPERTY

PAST DOCUMENTS

JOHN LOCKE

TWO TREATISES

MONTESQUIEU

SPIRIT OF LAWS

MAGNA CARTA

KING JOHN; 1215; ENGLAND

ENGLISH BILL OF RIGHTS

WILLIAM AND MARY

ENGLISH BILL OF RIGHTS

PRESENTED TO WILLIAM & MARY, 1688

• TRIAL BY JURY

• DUE PROCESS

• NO CRUEL PUNISHMENT

• NO EXCESSIVE BAIL/FINES

• RIGHT TO BEAR ARMS

• RIGHT TO PETITION

PAST DOCUMENTS

JOHN LOCKE

TWO TREATISES

MONTESQUIEU

SPIRIT OF LAWS

MAGNA CARTA

KING JOHN; 1215; ENGLAND

ENGLISH BILL OF RIGHTSVIRGINIA BILL OF RIGHTS

GEORGE MASON WILLIAM AND MARY

VIRGINIA DECLARATION OF RIGHTS

GEORGE MASON, 1776

• RIGHT TO BEAR ARMS

• NO UNREASONABLE SEARCHES & SEIZURES

• FREEDOM OF SPEECH

• FREEDOM OF THE PRESS

• FREEDOM OF RELIGION

PAST DOCUMENTS

JOHN LOCKE

TWO TREATISES

MONTESQUIEU

SPIRIT OF LAWS

MAGNA CARTA

KING JOHN; 1215; ENGLAND

ENGLISH BILL OF RIGHTS VIRGINIA BILL OF RIGHTS

WILLIAM AND MARY GEORGE MASON

ARTICLES OF CONFEDERATION

US FAILED 1ST ATTEMPT

ARTICLES OF CONFEDERATION

ARTICLES OF CONFEDERATION

US 1ST FAILED ATTEMPT

KING GEORGE III’s RULE

ARTICLES OF CONFEDERATION

US 1ST FAILED ATTEMPT

KING GEORGE III’s RULE

COLONIAL GOVERNMENTS/STATE CONSTITUTIONS

Ratification

Federalists vs. Anti-Federalists

• 9 out of 13 states needed to ratify

• Two groups emerge

• Federalists—for the ratification of the US Constitution; Anti-Federalists—opposed to its ratification

Arguments: The Anti-Federalists

Leading Anti-Federalists: Edmund Randolph, Patrick Henry, George Mason; leading state politicians

Why?

• States would lose sovereignty

• Too much Presidential power—monarchy, aristocracy

• Republic: untested; US is too big

• No Bill of Rights