UNIT ONE: THE PHILOSOPHICAL AND HISTORICAL FOUNDATIONS OF AMERICAN GOVERNMENT & LAW

American Government & Law Michael Thurston Room 131

CHARTING THE UNIT Utility & Jeremy Bentham Natural Rights Philosophy & John

Locke Immanuel Kant’s answer to

Bentham & Locke Influences on the Constitution

Ancient World (Aristotle) England Colonies Declaration of Independence State Constitutions

Why the Articles of Confederation Suck

The Framers and the Framing The National Debate

The Federalist Papers!! Ratification

THE DECLARATION OF INDEPENDENCE “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 to these ends, it is the right of the people to alter or to abolish it, and to institute new government,…”

NATURAL RIGHTS PHILOSOPHY John Locke “State of Nature” The scenario: Six questions – EXPLAIN each

answer!1) Upon arrival would there be any

government or laws?2) Would anyone have the right to

govern? 3) Would you have any rights? If

so, what?4) What might stronger or smarter

people try to do?5) What would the weaker or less-

smart try to do?6) What would life be like?

JAMES MADISON

“If men were angels there would be no need of government.”

IMMANUEL KANT (1724-1804) The Critique of Pure

Reason The Metaphysics of

Morals Rejects both Bentham

and Locke All people have

dignity All people are capable

of reason and choosing freely the right thing to do.

IMMANUEL KANT Bentham was half

right Pleasure and pain

are NOT our masters

Kant is more concerned with freedom and morality

What is freedom? Do what ever you

want? Libertarian

viewpoint The Netherlands

IMMANUEL KANT Are you choosing

freely? Are you a slave to

your desires? Are you choosing for

the right reasons? Are you acting out of

your own reason?

IMMANUEL KANT

KANT’S CONCEPTION OF FREEDOM

KANT’S CONCEPTION OF MORALITY

To act freely = to act autonomously To act according to a law I

give myself Opposite = heteronomy

Acting according to desires NOT chosen by me

To act freely is not to choose the best means to an end, but rather to choose the end for its own sake

Morality lies not in the consequences or even in the results – but in the motive

Do the right thing for the right reason

The only motive that matters = DUTY

Opposite of duty = inclination

DUTY VS. INCLINATION1) Shopkeeper

2) Better Business Bureau

3) Cheating at Winslow High School

ACCORDING TO KANT…

You are truly free ONLY if:

Duty > Inclination

INFLUENCES ON THE CONSTITUTION

* European Philosophy State

Constitutions Classical

Republicanism

WHAT IS A CONSTITUTION? Simple definition:

A set of customs, traditions, rules, and laws that sets forth the basic way a govt. is organized and operated.

Using this definition…every nation has a constitution

What can you find out by reading one?

Having a constitution does NOT mean a nation has a constitutional government

Higher power must be obeyed by ALL – including those in power

CHARACTERISTICS OF A CONSTITUTION – ACCORDING TO THE FOUNDERS

Natural Rights

Protection of rights

Private domain

Difficult to change

Federalism

LIMITED

So…rights protected by limiting government & distribution of power (organizational protection)

“Give all the power to the many, they will oppress the few. Give all the power to the few, they will oppress the many.”

Alexander Hamilton

“There are two passions which have a powerful influence on the affairs of men. These are ambition and avarice; the love of power and the love of money.”

Ben Franklin

From the nature of man, we may be sure that those who have power in their hands…will always, when they can…increase it.”

George Mason

WRITING PAPERS

Michael ThurstonWinslow High School

PROCESS

Paper assigned Reading / gathering info Outline & pre-write Write & rewrite! Use the week! Finalize & turn in…on time

BASICS

Don’t use ‘I’ White paper…TNR…size 12 Impress me with insight, not special effects MLA format, citing sources within the text

THE SET-UP

Decide on thesis first, then build around it Structure:

Introduction Lead-in Underlined thesis Methods of proof sentence

SET-UP

Structure Body

Explanation of methods Your insights! Prove your understanding Be cogent Refute other side if appropriate Conclusion

THESIS & METHODS

Thesis: a single provable statement. Methods: The ammunition to prove my thesis Example:

John F. Kennedy’s religion played no role in the Election of 1960. The “Delaware press conference”, the West Virginia primary, and final vote count according to religious affiliation show this to be the case.

HAPPY CONSTITUTION DAY!!!!!

ARISTOTLE & TELOS

CLASSICAL REPUBLICANISM Civic virtue Moral education Small uniform

communities Shared experience Today?

COLONIES STATES Ancient world…

England…Enlightenment…Colonies…Declaration of Independence…

New states = “state of nature”

After the Revolution states create their own constitutions

NEW STATE CONSTITUTIONS Six Common Basic Ideas:1. Higher law & natural

rights (and declarations of other rights - VA)

2. Social contract3. Popular sovereignty4. Representation & the

right to vote5. Legislative supremacy6. Checks & balancesMassachusetts is a little

different

THE ARTICLES OF CONFEDERATIONA STUDY OF FAILURE

If the Founders were so bright…

Two problems influenced the document:1. Fear of a strong

national government2. Fear that some

states would dominate others

TIME FOR A CHANGE

THE WAKE UP CALL SAY SOMETHING NICE

Shay’s Rebellion What were the achievements??

1. Winning a revolution2. European diplomacy3. Northwest ordinance4. Public education

THE CONSTITUTIONAL CONVENTION 55 delegates George Washington James Madison George Mason Alexander Hamilton Ben Franklin James Wilson Who was not there?

THE VIRGINIA PLAN Madison made sure

it was the basis for discussions at the Convention

Major recommendations: Federal system 3 branches Bicameral legislature MUCH more powerful

central government

THE NEW JERSEY PLAN William Paterson Legislature with

increased powers

Executive & judicial branches

THE CONSTITUTION IS WRITTEN…NOW IT HAS TO BE RATIFIED

Very different = some real fear

Examples: Ben Franklin George Mason

Federalists Anti-Federalists

THE ANTI-FEDERALIST POSITION Should have been open

to the public Undermines a republican

form of government Central govt. = too

powerful “necessary & proper”

clause An army during peace

time???? NO BILL OF

RIGHTS!?!?!?

THE FEDERALIST POSITION Most change in

government = by accident or force…ours = reflection and choice

Good government = effective government

THE FEDERALIST PAPERS James Madison, Alexander

Hamilton, John Jay 85 Essays Publius Valerius writing to

Solon 1-14: Argument for Union 15-22: Defects of Articles 23-36: Need for strong govt. 37-51: General

characteristics 52-83: Branches 84 & 85: Conclusion

YOUR FEDERALIST POSTER MUST INCLUDE:

One image that captures the theme.

A slogan that does the same.

5 quotes that you can explain.

Federalist 39: The Conformity of the Plan to Republican Principles

This Constitution conforms to the standard of our ancient heroes!

“The proposed Constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal Constitution, but a composition of both.”