Foundations of American Government Differing ideas about the purposes of government have profound consequences for the well-being of individuals and society. Why is government necessary? Government is a system for managing a nation or community and its leaders and lawmakers There are many ideas about what the role of government should be, among these are [A purpose of government is] to inbreed and cherish in a great people the seeds of virtu, and public civility. John Milton (1641) Improving the moral character of citizens Furthering the interests of a particular class or ethnic group Achieving a religious vision Glorifying the state Promoting individual security and public order Enhancing economic prosperity Protecting individual rights Promoting the common good Providing for a nation's security Differing ideas about the purposes of government have profound consequences for the well-being of individuals and society. Oligarchy Democracy Totalitarian Representative democracy Dictatorship Absolute monarch Autocracy Tyrant Types of Governments Totalitarian absolute control by the state or a governing branch of a highly centralized institution Oligarchy - power structure in which power effectively rests with a small segment of society distinguished by royalty, wealth, family ties, or military control Democracy A system of government in which supreme authority rests with the people popular sovereignty Direct Democracy- people make public polices by their votes Indirect Democracy- people choose public officeholders to act on their behalf. Also know as a representative democracy or a republic. In the United States, which type of democracy do we have? Dictatorship (Iraq) Rule by a single leader who has not been elected and may use force to keep control. In a military dictatorship, the army is in control. Usually, there is little or no attention to public opinion or individual rights. Totalitarian (China) Rule by a single political party. People are forced to do what the government tells them and may also be prevented from leaving the country. Theocracy (Iran) A form of government where the rulers claim to be ruling on behalf of a set of religious ideas, or as direct agents of a deity. Monarchy (Jordan) A monarchy has a king or queen, who sometimes has absolute power. Power is passed along through the family Parliamentary (Israel) A parliamentary system is led by representatives of the people. Each is chosen as a member of a political party and remains in power as long as his/her party does Republic (USA) A republic is led by representatives of the voters. Each is individually chosen for a set period of time. Anarchy (Afghanistan?) A situation where there is no government. This can happen after a civil war in a country, when a government has been destroyed and rival groups are fighting to take its place. Limited Governments Limited government is most commonly government where its functions and powers are prescribed, limited, and restricted by law, usually in a written constitution. A limited government seeks maximal freedom for citizens, without the intrusion of government where it is not needed. The following are types of limited governments: Limited vs. Unlimited Australia, Brazil, Canada, Chile, El Salvador, France. Germany, India, Israel, Japan, Mexico, United Kingdom, United States, Unlimited Governments Unlimited governments, have no effective means available to the general public for limiting the powers of the rulers. Rulers are not restrained by law in the exercise of their powers. Often, the governments rulings, actions, and decisions are made arbitrarily. Under a non-constitutional government, any rights of the individual may be violated by the ruler or rulers. Typically there is no private domain where the individual is protected from the power of the state. Limited vs. Unlimited China, Cuba Libya, North Korea Saudi Arabia, Vietnam Influences of limited government in the United States Magna Carta English Bill of Rights A group of barons forced King John to sign the Magna Carta Great Charter Influences of limited government in the United States Magna Carta Trial by jury Due Process Private property 5 th Amendment 6th Amendment English Bill of Rights Prohibited a standing army in peacetime and required all Parliamentary elections to be free No cruel punishment No excessive bail or fines Right to bear arms Right to petition 8 th Amendment 1st Amendment 2nd Amendment Common Law (also known as case law or precedent), is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. Other influences on US founding documents The Enlightenment, also known as the Age of Reason, was a time when man began to use his reason to discover the world, casting off the superstition and fear of the medieval world. The effort to discover the natural laws which governed the universe led to scientific, political and social advances. Enlightenment thinkers examined the rational basis of all beliefs and in the process rejected the authority of church and state. Immanuel Kant expressed the motto of the Enlightenment well -- "Aude Sapere" (Dare to Think!). John Locke Charles de Montesquieu John-Jacques Rousseau Voltaire The most influential of the Enlightenment philosophers John Locke Wrote two treatise on government. His Second Treatise was is most influential in shaping American government He said the people have the right to overthrow an unjust government A treatise is a formal and systematic exposition in writing of the principles of a subject, generally longer and more detailed than an essay. Thomas Jefferson wrote in the Declaration of Independence: whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it. As citizens, how can we and do we overthrow our government? Jefferson was influenced greatly by John Locke Jefferson paraphrases Locke's ideas in his Second Treatise in the Declaration of Independence, changing "life, liberty, and property" to "life, liberty, and the pursuit of happiness." John-Jacques Rousseau Enlightenment writer At the foundation of his thought on government and authority is the idea of the " social contract," in which government and authority are a mutual contract between the authorities and the governed; this contract implies that the governed agree to be ruled only so that their rights, property and happiness be protected by their rulers. How are the people and the government contracted in the United States? Rights and liberties are social contracts. You have rights and individual liberties because the rest of society agrees that you have those rights and liberties. If you don't have a right or liberty, then you must convince everyone to give you that right or liberty. John-Jacques Rousseau A French social commentator and political thinker who lived during the Enlightenment. He is famous for creating the theory of separation of powers. Charles de Montesquieu How was our government influenced by Montesquieu? Voltaire A French Enlightenment writer, historian and philosopher famous for his wit and for his advocacy of civil liberties, including freedom of religion and free trade. What does the term civil liberties mean? The first government of the United States was the Articles of Confederation The delegates began writing the Articles of Confederation at the 2nd Continental Congress. However, all 13 colonies had to ratify it in order for it to become law. Maryland didn't ratify it until 1781, and it was the law of the land until 1787. Powers of Federal Government 1) Borrow money from states 2) Make treaties 3) Declare War 4) Maintain an Army 5) Establish Post Offices (9/13) votes to pass measure (13/13) votes to pass amendment Limits of Power 1) Could not raise money (tax) 2) Could not control foreign commerce 3) Could not force states to follow laws Articles of Confederation Weaknesses Currency: many states printed their own money, so the national currency became almost worthless. Interstate commerce: states placed tariffs on each others goods, which combined with currency problems, led to a decline of interstate commerce. Foreign trade: other countries placed tariffs and trade restrictions on US goods, and the United States were not able to respond. Since the US government couldn't collect taxes there was no money for a navy or army. The absence of a strong navy left the US merchant ships vulnerable to pirates. Also, the Treaty of Paris, which ended the Revolutionary War, was not enforced. As a result, the British continued to occupy forts in the Northwest Territory which were parts of the US. Articles of Confederation The states agreed to hold a convention to address the problems with the current government. They planned to improve upon the Articles of Confederation. However, it was decided that once the meeting began that a new document must be written in order to improve the government. Everyone agreed that a new government needed to be created. However, a huge debate followed regarding how this new government would be designed!!! The small states' proposal was called the New Jersey Plan, and each state would continue to have one vote in Congress, regardless of that state's population. The larger states, on the other hand, supported the The Virginia Plan, which argued that the number of legislatures should be based on population. The Constitutional Convention was deadlocked. Articles of Confederation Finally, an offer was made that both sides liked; the Great Compromise. Congress had two houses, the Senate and the House of Representatives. The number of members of the House would be based on the population of each state. The Senate, on the other hand, would have two members from each state with each Senator being elected by state legislatures. Both sides got some of what they wanted. The large states were happy because they got more members in the House of Representatives. The small states were happy because they got equal representation in the Senate. The large states were also happy because the House of Representatives was the only house of Congress that could write bills to create taxes. The small states were also happy because in all other respects, the two houses of Congress were equal. (And in fact, the Senate was called the upper house.) The Great Compromise Other Compromises in the Constitution The Commerce Clause The Congress shall have Power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on states powers to regulate. A compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. It was proposed by delegates James Wilson and Roger Sherman. Three-fifths Compromise Primary documents that influenced the creation of the Constitution The Federalist Papers are a series of 85 articles or essays promoting the ratification of the US Constitution. 77 of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August The authors of The Federalist wanted both to influence the vote in favor of ratification and to shape future interpretations of the Constitution Published in 1776, Common Sense challenged the authority of the British government and the royal monarchy. The plain language that Paine used spoke to the common people of America and was the first work to openly ask for independence from Great Britain. Common Sense by Thomas Paine Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one. Thomas Paine Thomas Paine Wealth of Nations Adam Smith Wealth of nations would become one of the most influential works on economics ever published. Smith is widely cited as the father of modern economics and capitalism. Capitalism is an economic system in which the means of production are privately owned and operated for profit. Income in a Capitalist system takes at least two forms, profit and wages. Ratification of the Constitution Federalists were led by James Madison, John Jay and Alexander Hamilton. They wrote a series of essays in favor of ratification of the Constitution known as the Federalists Papers. Used to convince New Yorkers to ratify the Constitution. Two factions began to develop on ratifying the Constitution, the Federalists and the Anti-federalists Ratification of the Constitution Thomas Jefferson led a group known as the Anti-federalists who were against passage of the Constitution. They demanded more states rights and a Bill of Rights. States rights The doctrine that seeks to limit the power of the federal government by interpreting the U.S. Constitution in a way that stresses the retained rights of the states and insists that the federal government was granted only limited powers. The Bill of Rights was drafted giving states a larger say in the governing of the people of each state. With the idea that the Constitution was supreme over all state laws. REVIEW Government has many purposes among them is protecting the rights of citizens There are many differing types of governments around the world based on the rights of the people. In some countries the citizens have no rights and the government holds all power over the daily rights of the people. I many countries including ours, government rules by consent of the governed. Governments may be limited by a Constitution or unlimited. Our government was influenced by several British documents Including the Magna Carta and English Bill of Rights Philosophers of the Enlightenment influenced the way the Founding Fathers thought about government REVIEW Once the Framers of the Constitution realized the weaknesses of the Articles of Confederation outweighed the strengths they decided to write a new law of the land, the Constitution of the United States. Compromises were a major reason the Constitution was able to be written and agreed on by the Framers. Among these were the Great Compromise, Three-fifths Compromise, and the Commerce Compromise. Common Sense, the Declaration of Independence, the Federalists Papers, and Wealth of Nations were writings that influenced the writing the Constitution. Historical documents that shaped our ideas of democracy: Magna Carta English Bill of Rights Mayflower Compact Declaration of Independence Articles of Confederation U.S. Constitution Federalists Papers Gettysburg Address unlimited Limited Forms of government: direct democracy indirect democracy (republic, parliamentary) dictatorship monarchy (absolute, constitutional) Terms to know and apply Compromises or Plans: Bicameral Unicameral Ratify Capitalism Virginia Plan New Jersey Plan Federalist Anti-federalist Great (Connecticut) Compromise Commerce Compromise 3/5 Compromise Presidential Compromise (Electoral College) European philosophers Terms to know and apply