Unit 1 Historical and Philosophical

Foundations of American

Government

Essential Question

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

Unit OverviewLesson 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 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.

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

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.

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.

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

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.

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

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

constitutionWritten Constitutions are controversial since

it involved interpretation, change, and the power of who has the final say.

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

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.

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.

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 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

Natural Rights’ Influence on the Founders

Individual Rights Inalienable rights exist regardless of wealth, social status, or

birthPopular 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)

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

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.

Judeo-Christian Heritage of Human Rights

Greek & Roman = Public Morality Virtues important for acting in the

communityJudeo-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

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

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.

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)

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.

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 Roman Empire, England divided into tribes

1066 – William the Conquer unites tribes into a single Kingdom. (Establishes Feudalism)

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”

William the Conqueror creates a common law for entire kingdom

Judges must publish decisions (creates precedents)

This system gives predictability and stability to laws

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)

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

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

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

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.

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.

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.

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.

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

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.

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

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

Colonial Ideas of Constitutional Gov’t

Fundamental Rights Started as fundamental rights of Englishmen Developed into protections under natural rights

philosophyRule 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

Colonial Governments: More Representative Than Britain?

Property requirements for votingLand in American relatively easily to obtain, so

% of eligible voters larger than in EnglandColonial legislatures served shorter terms,

meaning more voter choiceMembers of colonial legislatures needed to live

in the district they represented, unlike England

Lesson 6:     Why Did American Colonists Want to Free Themselves from Great Britain?

Lesson 6 Objectives

Describe the British policies that some American colonists believed violated basic principles of constitutional government and their rights as Englishmen.

Explain why Americans resisted those policies and how that resistance led to the Declaration of Independence.

Evaluate the arguments that the colonists made to justify separation from Great Britain.

Evaluate, take, and defend positions on Violations of colonists’ rights before the Revolution. Important questions about the meaning and implications of

the Declaration of Independence.

Lesson 6 Purpose

The growth of the American colonies raised issues with Great Britain that were difficult to resolve peacefully.

This lesson describes the circumstances that produced the Declaration of Independence and the major ideas about government and natural rights included in that document.

Lesson 6 Terms & Concepts

Compact A formal contract or agreement between or among two or more parties

or states. (ex. The Mayflower Compact of 1620)Law of Nature

In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling persons what they may and may not do in various circumstances. In philosophy, laws of nature have often referred to the rules that would prevail in the absence of man–made law. Natural law is conceived to contain standards of justice that apply to all people.

Sovereignty The ultimate, supreme power in a state. Democratic theory states that

the people as a whole are sovereign; the citizens of the United States constitute the sovereign people.

Writ of Assistance A document giving a governmental authority the power to search and

seize property without restrictions. Abolished in American law, the use of such writs by the British government was a major issue during some phases of the American Revolution.

A Change in British Policy

Generations of colonists had little interference from British government in their affairs.

However, in 1763 Britain wants colonists to help pay for

war w/ French (7 Years War, 1756-1763) Proclamation Act ‘63– Bans colonial

settlements west of Appalachians Stamp Act ’65 – New taxes on colonists

to raise revenue Quartering Act ‘65 – Required colonists

to shelter British troops in their homes

Colonial Resistance

New restrictions & taxes caused some economic hardship & challenged colonists’ understanding of representative government.

“No taxation w/o representation.”Sons of Liberty help organize popular

resistance. Rarely used violence, but political agitation

precipitated crowd action.

Colonial Resistance (Continued)

’66 – Parliament repeals Stamp Act, but passes Declaratory Act, which asserts Britain's full power & authority over colonies.

Parliament offers Writs of Assistance to officials to search & seize colonial property.

‘70 – Clash between British Troops and colonists, 5 colonists killed (Boston Massacre)

’73 – Colonists protest Tea Act by dumping 45 tons of tea into Harbor (Boston Tea Party)

British Respond with “Intolerable Acts” Closed Boston Harbor, more power to Royal

Governors, limited town meetings, authorized British troops to occupy the colony…

Organized Resistance

‘74 – Colonial representatives meet in Philadelphia , vote to ban trade w/ Britain (1st Continental Congress)

Radical colonists plan to overthrow gov’t since it no longer protected colonists’ rights. (Minutemen)

‘75 – British march to Concord, MA to seize hidden arms & ammunition & arrest Patriot leaders

Revere rides through countryside warning that …“Shot heard round the world…”

(REVOLUTION BEGINS!)

Purpose of the Declaration

Continental Congress appoints committee to prepare a declaration of independence from Britain

Jefferson’s draft rejects the British government’s sovereignty over the colonies

The founders knew it was important to justify this action to other nations and to identify the basic principles of a legitimate government

The Declaration’s Main Arguments & Ideas

The Declaration renounces the monarchy itself and appeals to natural rights common to all

Also asserts ideal of popular sovereigntyNatural Rights

Constitutions & governments cannot violate them Social contract

Human Equality Humans are politically equal, neither God nor nature

appointed some at birth to rule over othersGovernment by Consent

People give consent to gov’t if they protect natural rights

The Declaration’s Main Arguments & Ideas

“A Long Train of Abuses” Destroying colonial legislatures Limiting role of colonial judges Keeping standing British armies in peacetime Quartering soldiers among civilian population Imposing taxes without colonial consent Depriving colonists trial by jury Changing constitutions of colonial government

Right of Revolution If British government has become corrupt and fails

to perform its proper duties, colonist have right to establish their own free and independent nation

Lesson 7     What Basic Ideas about Government and Rights Did the State Constitutions Include?

Lesson 7 Purpose

After declaring Independence, the Founders designed new state government to protect individual rights and promote the common good

This lesson shows how the Constitution of Massachusetts in particular was designed to achieve these ends.

It also shows how State constitutions served as a model and had great influence on the development of the U.S. Bill of Rights.

Lesson 7 Terms & Concepts

Checks & Balances In American constitutional thought, distributing and

balancing the powers of government among different branches so that no one branch or individual can completely dominate the others.

Legislative Supremacy A system of government in which the legislative branch has

ultimate power. Parliamentary government is such a system. Veto

The right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment. Under the U.S. Constitution, it is the power of the president to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law

Lesson 7 Objectives

Explain the basic ideas about government and rights that are included in state constitutions.

Explain how the experiences of the states in developing their constitutions and bill of rights influenced the framing of the US Constitution and Bill of Rights.

Evaluate, take, and defend positions on The theory of legislative supremacy. The importance of the Virginian Declaration of

Rights, and the role of declaration of rights in early state constitutions.

The Colonies’ Status Following the Declaration

States were not yet a “country,” only united by fight against Great Britain

Between ‘76 – ’80, each stated adopted a new constitution All based upon natural rights, rule of law, republicanism, and constitutional gov’t

Basic Ideas of State Constitutions

Higher Law and Natural Rights Constitutions limit governmental power Purpose of gov’t is to protect natural rights

Social Contract Each constitution created through an agreement w/

the peoplePopular Sovereignty

Ultimate governing authority rests with the peopleRepresentative Government

All legislature composed of representative elected by voters

Basic Ideas of State Constitutions

Legislative Supremacy Legislatures (makes laws) most powerful branch Leg. Most capable of reflecting will of the people Executive (enforces laws) is less accountable to

people and should not be trusted with too much power Judiciary (judges) should not be trusted w/ too much

power eitherChecks & Balances

Parts of each legislature checked (limited) power of other

Usually done through multiple houses (House of Reps & Senate)

How Did Massachusetts Differ?

Most like the future US ConstitutionStrong Executive

Governor popularly elected Governor’s salary was fixed (could not be changed by

Leg.) Governor could revise laws, appoint Leg. officials and

judgesRepresentation of Various Economic Classes

(Classical Republicanism) Large Property Owners = Can elect governor

(Executive) Mid-level “ “ = Can elect upper house members

(Legislative) Low-level “ “ = Can elect lower “ “ “ “ “ “

The Virginia Declaration of Rights

Listed specific rights of the people, including: Freedom of the press Rights of criminal defendants Gov’t cannot deprive natural rights All power is derived & kept by the people Gov’t is instituted for common benefit, protections,

and security. If not, it can be abolished. (Class. Repub., Social Contract)

Freedom of religion