Unit 2 English Traditions

Magna Carta

• Restrict kings power• No jail without a trial• Cannot seize property without reason• Gave more people rights

Petition of Rights

• King Charles• No arrest or punishment without cause• Housing soldiers not allowed without

permission

English Bill of Rights

• Cannot keep standing armies in peace time• Can petition the king• Fair Trial• Debate in parliament

Enlightenment and Political Philosophies

• Enlightenment: Age of reason, world best understood by study of close observation and reason

Thomas Hobbes

• “Leviathan”• Government provides peace and security,

surrendering some rights in exchange

John Locke

• Social Contract: Rulers derived authority from consent of the governed. Gov must protect natural rights

• Natural Rights (life, liberty and property)• Second treatise of government (rejected

Divine Right)• Branch Government

Jean-Jocque Rousseau

• People must participate, social responsibility, freedom of religion, separation of church and state, basis of first amendment

American Documents

• Common Sense• Declaration of Independence• Articles of Confederation• Constitution

Most Americans did not want independence prior to the start of the conflict

Common Sense

• Thomas Paine• Who did the document blame?• What was the main purpose of the document?

Answer

• King George • Main purpose: authority of gov. officials

should originate in popular consent. Small island should not rule a big continent. Promoted American Republic, Americans should become independent

Declaration of Independence

• 3 Purposes? Unify colonies, secure foreign assistance, justify actions to the world

• Who wrote the document? Jefferson• Was the document based upon any other

documents? Yes

Declaration Cont.

• Divided into 3 parts1. Preamble2. List of Grievances3. Assert Independence

Get into groups and describe what you find in each part. Who is blamed in the document? For what? SOAPSTONE and draw

Declaration Cont.

• Preamble referred to natural rights

• 2nd Part attacked the king, imposing taxes without consent, keeping standing armies, obstructing trade

• 3rd Part asserted independence • Date that document was approved? July 4th 1776

Declaration Cont.

• What was the risk of signing the document? Subject to treason

• Influence on other nations? French

Declaration of Men

Articles of Confederation

• Strengths– Fight war– Make treaties– Northwest Ordinance

• Weakness– Only one branch of government– No power to tax– Cannot regulate interstate commerce

Why did they make it so weak?What kind of problems arose?

Shays Rebellion

State Constitutions

• All had Bill of Rights• All had three branches• Voting limited to white males (usually land

owners)

U.S. Constitution

• Rhode Island did not send delegates• Federalist 10: Union needed to control

factions

Two Plans One Compromise

• New Jersey Plan (equality)• Virginia Plan (population)• Great Compromise– 2 Houses 1 equal 1 based upon population

Other things

• 3/5 Compromise• 3 Branches of Government• Economic Powers Given Government– Tax– Regulate interstate commerce– Custom duties

Constitutional Principles

• Popular Sovereignty • Limited Government• Separation of Powers• Checks and Balances• Congress• President• Courts• Judicial Review (Marbury v. Madison)• Federalism

Popular Sovereignty

• Define: Power rests with the peopleVoting is most common. Original Constitution had limited popular sovereignty House of Representatives

Limited Government

• Government can only do things that are referred to in the Constitution

Separation of Powers

• Power is divided amongst three branches of government

Checks and Balances

• Each branch checks on the other branches of government

• Legislative (approves nominees, ratifies treaties, overrides veto, impeach, declare war, budget, jurisdiction)

• Executive (nominates, veto, call special session, negotiate treaty, commander in chief)

• Judicial (declare acts unconstitutional)

Congress

• Draft laws• Each House must pass the same laws

Executive Branch

• Enforce Laws• Eisenhower and National Guard

Judicial Branch

• Interprets the law• Judicial Review (Marbury vs. Madison)

Federalism

• Define: Shared power between national and state governments

• How is this different from unitary and confederation governments

Structure of the Constitution

• Article ILegislative branch

House (25, 7 years citizenship, resident)All revenue bills originate, impeach

Senate (30, 9 years citizenship, resident)Ratifies treaties and presidential

appointments conducts trial after impeachment

Cont.

• Elastic Clause (necessary and proper clause) • Writ of Habeas Corpus (show the body)

• Bills of Attainder (no trial)

• Ex Post Facto Laws (after the fact laws)

Cont.

• Article II• Executive Branch

Commander in ChiefNegotiates TreatiesAppoints department heads

Cont.

• Article III– Judicial Branch– Appellate Jurisdiction (appeals)– Original Jurisdiction (where case is first heard)

Cont.

• Article IV– Interstate relations– Full faith and Credit (legal documents)– Privileges and Immunities – Extradition– New states need to draft a Constitution

Cont.

• Article V– Amending the Constitution– 2/3 of each house or national convention after

vote of state legislatures – Ratified by 3/4 of state legislatures or state

conventions

Cont.

Article VIISupremacy Clause: Constitution, treaties and laws of the U.S. Gov. are supreme over state laws.

Cont.

• Article VII– Ratification of the Constitution. Needed 9 out of

13

Federalists and Antifederalists

• Federalists wanted the passage of the Constitution. More eastern urban areas

• Antifederalists did not want the passage (wanted states to have more power). More rural and western areas

Selective Incorporation

• Apply the Bill of Rights to the States• Gitlow vs. New York