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Founding Documents and Political Philosophers

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Title: Founding Documents and Political Philosophers


1
Founding Documents and Political Philosophers
2
Hammurabis Code
  • The Code of Hammurabi was the law code of Ancient
    Babylon.
  • Established a single, uniform code of law for the
    entire empire.
  • The code is the first example of fundamental laws
    unchangeable even by a King

3
The Ten Commandments
  • According to the Bible, Moses received the Ten
    Commandments from God
  • In Biblical times, the Bible served as the source
    of law for the Hebrews of Palestine.
  • The Commandments simple instructions on how
    individuals must behave toward one another are
    seen to form the basis of all Western law.

4
The Contribution of the Greeks
  • First to believe that laws
  • were a human institution
  • (not dictated by the Gods)
  • Allowed common people
  • to serve in state office
  • First government in which elected officials were
    paid a salary
  • Had the first trial by jury in recorded history
  • Every male citizen had the right to serve in the
    assembly, which passed laws and determined
    government policies.

5
The Influence of Ancient Rome
  • The Senate, a REPRESENTATIVE body was the most
    powerful government body.
  • The Senate conducted foreign policy, passed laws
    and handled the governments finances.
  • The Romans also believed in NATURAL LAW, the idea
    that certain basic rights should be extended to
    everybody who lived under Roman rule.

6
Divine Right of Kings
  • Throughout the Middle Ages, the concept of the
    Divine Right of Kings was generally accepted
  • It held that
  • the King was chosen by God
  • because the King was speaking for God, everything
    he says is absolutely right
  • Because why would God choose a King that was
    capable of making poor choices?

7
Magna Carta 1215
  • First attempt at a Social Contract
  • Provides the basic principle of limited
    government (one in which even a monarch must
    follow the rules)
  • Introduced the idea of fundamental rights (which
    cant be taken away)
  • Trial by jury, due process, protection against
    unjust punishment, and loss of life, liberty and
    property

8
Petition of Right1628
  • Put limits on the
  • power of the King challenging divine right and
    the absolute monarchy
  • Must work with the consent of Parliament
    (representatives of people)
  • Outlines basic rights for individuals
  • (no tax w/o representation, no imprisonment w/o
    cause, no housing soldiers, no use of martial law
    during peace)

9
English Bill of Rights1689
  • Placed clear limits on the absolute monarchy
    moving toward a constitutional/parliamentary
    monarchy and ending absolute monarchy
  • Written by Parliament
  • Signed by King William Queen Mary as condition
    of taking the throne
  • Provided for individual protections (with many of
    the rights found now found in the Constitution)

10
Limits Established by the English Bill of Rights
  • Monarchs DO NOT have absolute powerthey must
    rule with the consent of the peoples
    representatives in Parliament
  • The monarch cannot suspend laws, raise taxes or
    maintain an army without Parliamentary consent
  • The monarch cannot interfere with
  • the business of Parliament
  • The people have the right to a fair
  • and speedy trial (Habeas Corpus).
  • The people will not be subjected to
  • cruel and unusual punishments
  • or excessive fines and bail.

11
Hobbes
  • Wrote Leviathan
  • Father of Natural Rights
  • State of nature is nasty, brutish and short and
    only the strong survive.
  • First to introduce social contract theory
  • Citizens surrender liberty to the government in
    exchange for protection from chaos
  • Focused on individual freedoms with some
    protection from the government

12
Locke
  • Wrote Two Treatises of Government
  • Natural Rights
  • Born free, equal and independent
  • Social Contract
  • Government that didnt protect essential rights
    to life, liberty and property could be changed
  • Popular Sovereignty
  • People participate in their govt

13
Montesquieu
  • Wrote The Spirit of Laws
  • Limited Government
  • Separation of Powers
  • Legislative, Executive, Judicial
  • Checks and Balances

14
Foundations of American Government
15
Unit GPS
  • SSCG1 The student will demonstrate knowledge of
    the political philosophies that shaped the
    development of United States constitutional
    government.
  • Analyze key ideas of limited government and the
    rule of law as seen in the Magna Carta, the
    Petition of Rights, and the English Bill of
    Rights.
  • Analyze the writings of Hobbes (Leviathan), Locke
    (Second Treatise on Government), and Montesquieu
    (The Spirit of Laws) as they affect our concept
    of government.
  • SSCG2 The student will analyze the natural rights
    philosophy and the nature of government expressed
    in the Declaration of Independence.
  • Compare and contrast the Declaration of
    Independence and the Social Contract Theory.
  • Evaluate the Declaration of Independence as a
    persuasive argument.
  • SSCG3 The student will demonstrate knowledge of
    the United States Constitution.
  • Explain the main ideas in debate over
    ratification include those in The Federalist.

16
What did we want in govt?
  • Limited government
  • Government has to follow the rules too
  • Prevents government from getting too much power
  • Representative government
  • People have a voice in their government
  • They elect officials who make decisions on their
    behalf
  • Individual freedoms
  • Guarantees to individuals like freedom of speech,
    freedom of religion, freedom from unfair laws and
    punishments, etc.
  • Rule by law
  • Written laws so everyone knows the rules and the
    consequences for breaking the rules

17
Declaration of Independence
  • Proposed by Henry Lee, drafted by Thomas
    Jefferson and approved on July 2, 1776.
  • Approved July 4, 1776
  • Lists grievances (complaints) against the king
    about his abuse of power
  • Like Lockes social contract it says that
    government is the created by the people and must
    serve the people
  • Makes it clear that the government must follow
    rules just like the people

18
The Declaration of Independence
  • We hold these truths to be self-evident that all
    men are created equal
  • They are endowed by their Creator with certain
    UNALIENABLE rights
  • Among those rights are Life, liberty and the
    pursuit of happiness
  • To secure those rights, governments are
    INSTITUTED among menderiving their powers from
    the consent of the governed

19
The Four Stanzas of the Declaration of
Independence
  • Part One The Preamble, an explanation of
    purpose.
  • Part Two An explanation of the political ideas
    upon which the document was based. Emphasized
    Natural Rights, such as life, liberty and the
    pursuit of happiness.
  • Part Three A list of grievances against King
    George III (examples on following slide).
  • Part Four A resolution that these United
    Colonies areand of right ought to be Free and
    Independent States.

20
A Selection of Grievancesagainst King George III
  • For quartering large bodies of armed troops among
    us.
  • For imposing taxes on us without our consent.
  • He has affected to render the Military
    independent of and superior to the Civil Power.
  • For cutting off our trade with all parts of the
    world.
  • He has endeavored to bring on the inhabitants of
    our frontiers the merciless Indian Savages, whose
    know rule of warfare is an undistinguished
    destruction of all ages, sexes and conditions.
  • He has plundered our seas, ravaged our Coasts,
    burned our towns and destroyed the lives of our
    people.

21
Articles of Confederation1777
  • First written constitution for the newly
    independent states
  • Granted most of the power to the states
  • The national government was supposed to provide
    protection for the people
  • There was only one branch of government Congress

22
What was the National governments role under the
Articles?
  • Declare war
  • Negotiate treaties
  • Settle conflicts between the states
  • Establish the armed forces
  • Borrow money from the
  • states to pay expenses
  • Set national policies
  • Run Indian Affairs programs

23
Weaknesses of the Articles
  • Congress could not collect taxes from the states
  • Congress could not control the currency in the
    states
  • Congress could not regulate trade/commerce
  • 9 states were needed to make decisions
  • ALL 13 states had to agree to amendments to the
    Articles
  • there was no executive (president) or judicial
    (court) power
  • Each state got 1 vote no matter how big or small
  • Members of Congress only served 1 year terms
  • Congress couldnt pay the army
  • Congress couldnt enforce its laws

24
Question Why did so many Americans tolerate the
weak government established by the Articles of
Confederation?
25
Answer For most Americans, respect for freedom
was so great, and fear of tyranny so intense,
that a strong national government was an
unacceptable risk!
26
The Nationalists
  • A group of Americans who wanted a stronger
    national government.
  • Most were very wealthy.
  • Included George Washington, Ben Franklin, James
    Madison and Alexander Hamilton.
  • Predicted that with no army, no courts, and no
    economic policy, the US would have no respect in
    the world.
  • Worried that Americans tendency to challenge
    authority would get out of control.

27
The Annapolis Convention
  • Held in 1786 to discuss economic problems that
    the Articles could not solve.
  • Twelve delegates from five states were present.
  • They only came to one agreementTo meet in
    Philadelphia the following year.

28
Shays RebellionMassachusetts, 1786-1787
  • To pay off debt, legislators passed a heavy
    direct tax on Massachusetts citizens.
  • It could only be paid in specieGOLD OR
    SILVERnot in paper money.
  • Farmers in the west, already in debt, could not
    pay the tax.
  • Many had their possessions seized by the
    government for non-payment.

29
Daniel Shays
  • Was a Revolutionary War veteran and small farmer.
  • Could not pay his debts and was facing jail time.
  • In 1786, he led a rebellion that spread through
    the area.
  • Tax collectors were driven off and courts were
    closed down by the rebels.

30
Helpless
  • The government, with no army, couldnt stop him.
  • A group of wealthy Bostonians finally raised a
    private army to confront Shays.
  • They were finally defeated in February, 1787.
  • Shays and a few others were sentenced to death.

31
Differing Views of Shays Rebellion
  • Thomas Jefferson "A little rebellion now and
    then is a good thing. It is a medicine necessary
    for the sound health of government. God forbid
    that we should ever be twenty years without such
    a rebellion.
  • Translation The rebellion was NO BIG DEAL.
  • James Madison Liberty may be endangered by the
    abuses of liberty as well as by the abuses of
    power.
  • Translation Our government is TOO WEAK we must
    DO SOMETHING.

32
Effects of the Rebellion
  • Demonstrated Americans commitment to defy
    authority when it acted against the wishes of the
    people.
  • Also demonstrated that something had to be done
    to strengthen the national government.
  • Leads to another convention, this time in
    Philadelphia.

33
Constitutional Convention
  • Delegates from each state were asked to come to
    discuss the problems with the Articles (Rhode
    Island did not attend)
  • Delegates were young, well educated, wealthier
  • George Washington chosen to lead
  • Each state got one vote
  • A majority vote was needed to pass measures
  • 7 votes were needed for a quorum (to continue
    meeting and working)
  • The meetings were held in secret - no official
    records were kept
  • Madison kept most accurate diary
  • known as Father of Constitution

34
Virginia Plan(The Large State Plan)
  • Proposed by Edmund Randolf
  • 3 branches of government
  • Bicameral Legislature (2 houses)
  • Both houses based on population
  • Lower House elected by people
  • Upper House chosen by lower House
  • Executive (president) chosen by legislature
  • Judicial (courts) chosen by legislature
  • National legislature would have veto power over
    the states

35
New Jersey Plan(The Small State Plan)
  • Proposed by William Patterson
  • 3 branches of government
  • Unicameral Legislature (one house)
  • Equal representation from every state
  • Multiple executives (presidents) chosen by
    legislature
  • Judicial (court) appointed by Executive and
    approved by legislature
  • Appointed for life
  • Each state gets one vote

36
Connecticut Compromise
  • Proposed by James Madison
  • 3 branches of government
  • Bicameral Legislature (2 houses)
  • Lower House elected by people
  • based on population
  • 3/5 compromise
  • Upper House chosen by lower House 2 per state
  • Executive (president) chosen by Electoral College
  • Judicial (court) appointed by Executive and
    approved by legislature
  • Appointed for life
  • Had a national supremacy clause

37
Three-Fifths Compromise
  • One difficult question remainedWhen calculating
    population, should slaves be included?
  • If slaves were counted, the south would be more
    powerful.
  • If slaves were omitted, the south would be weak.
  • In this compromise, every five slaves would be
    counted as three people.

38
Ratifying the Constitution
  • Nine of the thirteen states needed to ratify
    (approve) the Constitution.
  • Conventions were set up in each state, bypassing
    the state legislature.
  • This process was, technically, treason.

39
Opposing Views
  • Federalists
  • Anti-Federalists
  • Wanted a strong national government.
  • Led by George Washington, James Madison and
    Alexander Hamilton.
  • Produced The Federalist Papers, which explained
    how the government would work.
  • Argued individual rights and states rights
    werent protected
  • Led by Patrick Henry and Thomas Jefferson.
  • Feared the President would become King.
  • Thought the government would come under control
    of one particular group (a faction).

40
Compromise
  • Bill of Rights
  • Federalism
  • State and national governments, each with their
    own powers
  • National government Supreme
  • Federalists promise to add protections for
    individuals by amendment

41
Ratification
  • Needed 9 of 13 states
  • Delaware
  • Connecticut
  • New Jersey
  • Georgia
  • New York chosen as first capital
  • George Washington chosen as first president
  • New government started in April 1789
  • Bill of Rights presented in June, 1789

42
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43
Constitution Trivia
  • For 146 years it was never seen in public
  • In 1894 it was placed b/t two pieces of glass in
    the State Dept. basement
  • In 1921 it was moved to the Library of Congress
    (not displayed until 1924)
  • 19 days after the attack on Pearl Harbor it went
    to Fort Knox until Oct. 1, 1944
  • Moved to National Archives in 1952
  • Kept in bombproof, shockproof, fireproof vault
    with steel and reinforced concrete kept on
    spring system to raise and lower each day
  • Published by Dunlap and Claypool (1320 copies for
    420)
  • Only 500 final copies made, only about 6 left in
    existence
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