Origins of Government

What is Government?

Objectives

To learn what a government is and what it consists of

To understand the philosophies incorporated into our present form of government

To review the documents that were precursors to our current constitution and amendments

What is Government?

The institution through which society makes and enforces its policies.

Three powers Legislative Executive Judicial

Varies in type and formation

Government and The State

State Definition

Land with People

Defined Territory Organized

Politically Power to make

and enforce laws

Types of States Sovereign

Self –Governing Monopoly on

legitimate use of force

Hegemonious Subject to

outside control Federated

Have given partial sovereignty to a federal government

Forms of Government Classified according to three criteria:

Who can participate Democracy Dictatorship

Geographic distribution of power Unitary Federal Confederate

Relationship between legislative and executive powers

Presidential Parliamentary

Montesquieu French Theory of Separation of

Powers Executive Legislative Judicial Checks and Balances

Significant influence on American Founding Fathers

Voltaire French Advocated for civil

liberties Right to Fair Trial Freedom of Religion Free trade

John Locke English Social Contract Theory

Natural Rights Separation of Powers Separation of Church

and State Right to and Occasional

Obligation of Revolution Significant Influence on

Declaration of Independence Natural Right to

defend “Life, health, Liberty, or Possessions”

Beccaria Italian First Argument against

Death Penalty State does not have

right to take life Is not useful nor

necessary punishment Influence on Penal systems No Cruel or Unusual

Punishment Right to Speedy Trial Right to Bear Arms

Machiavelli

Italian Authored

The Prince Discourses on Livy

Separation of Powers Republicanism

Mary Wollstonecraft

British Feminist Republican Advocated equality in

both classes and gender

Women only appear inferior due to lack of education

Code of Hammurabi

One of the first written legal codes 282 laws enacted by Babylonian king Laws had scaled punishments

Eye for an eye, tooth for a tooth Death penalty Punishment varied by social class

Magna Carta

Initially enacted by John I in 1215 at the insistence of nobles

Multiple versions between 1215 and 1297 Only Three Clauses remain in force today (1, 9, 29) Other clauses repealed or replaced after 1828

Limited Royal Powers Guaranteed Rights of Free Men Created a version of Parliament (Council of

Barons/ House of Lords)

The Petition of Right

1628 Response by Parliament to Charles I’s

request for increased taxes Limited power of the monarch Declared that even the monarch was

subject to the law of the land Early bill of rights Parts of US constitution are based from

it including the 3rd amendment.

English Bill of Rights

1688-89 Provisions offered to William & Mary

in exchange for the crown following the Glorious Revolution (abdication of James II)

Predecessor to US Bill of Rights (1st, 2nd, 5th, & 8th amendments)

Mayflower Compact

First governing document of Plymouth colony

Social contract for survival Majoritarian rule

Signed by 41 of 101 passengers

Colonial Government

Each colony granted a charter from the monarch

Three types Royal Proprietary Charter

Each colony had a governor and a legislature

Virginia Declaration of Rights

June 1776 Proclaimed the inherent rights of

men including rebellion against inadequate government

Influenced later documents Declaration of Independence Bill of Rights

Iroquois Confederation

Confederation of six Native American nations

Formed own centralized democratic government prior to European colonization Grand Council (50 Members) Women, especially mothers, had

significant influence on decision making and “elections”

Influenced both Articles of Confederation and US Constitution

Document Activity

Get into groups of 4-5 You will be given a copy of a historical

document. DO NOT WRITE ON IT!!!!! Read the document to yourselves and discuss

it as a group As a group summarize the key points of the

document (need a minimum of 3) Write these down

Select a spokesperson to present the summary to the class

Turn in a written summary and the original document at the end of class as instructed

Next Time

Royal Injustices Revolution! A new nation Articles of Confederation Constitutional Convention Ratification of the Constitution