Impact of the Age of Enlightenment on

America

Essential Understandings

• New political ideas about the relationship between people and their government helped to justify the Declaration of Independence.

• The revolutionary generation formulated the political philosophy and laid the foundations for the system of government under which we live.

Essential Understandings

•The American Revolution was inspired by ideas concerning natural rights and political authority, and its successful completion affected people and governments throughout the world for many generations.

Democratic Ideas• Three Enlightenment thinkers developed new ideas to

identify the best possible form of government:• John Locke was an English philosopher who argued that

government was a contract between the rulers and the people. Government is for the good of the people.

• Charles-Louis Montesquieu, a Frenchman, believed that government should be divided into separate branches in order to limit its power.

• Jean-Jacques Rousseau, who was also French, criticized the power of divine right. He believed that government should express the will of the people.

Influence of John Locke

Ideas in the Declaration of Independence• John Locke author of Two Treatises on Government•Man possessed natural rights (life, liberty, and property)

•Government exists because of a contract between the ruler and the people

•A ruler only has power as long as he has the consent of the governed

•A ruler cannot deny people their basic rights of life, liberty, and property)

Influence of Jean Jacques Rousseau

Ideas of Rousseau Seen In USA

• Jean Jacques Rousseau wrote Social Contract• People would form a community

and make a contract with one another, not a ruler

• People would give up some of their freedoms to benefit the majority

• People would vote on decisions and live by those decisions

RousseauRousseau

• Believed that people were Believed that people were born good, but corrupted by born good, but corrupted by the environment, bad the environment, bad government, and laws. government, and laws.

• He believed the best He believed the best government used POPULAR government used POPULAR SOVEREIGNTY or a vote by SOVEREIGNTY or a vote by all of the people.all of the people.

Influence of Baron de Montesquieu

Ideas of Montesquieu Seen in USA

•Baron de Montesquieu wrote The Spirit of Law

•Promoted a system of checks and balances

•Separation of powers•The best way to protect natural rights is to limit a government’s power

MontesquieuMontesquieu• Montesquieu – Described the “perfect” government.

Power provided evenly over three branches of government - SEPARATION OF POWERS

a. Legislative – Made laws (Congress) b. Executive – Administered laws (President,

army, etc.) c. Judicial – Interpreted and applied laws. (Supreme Court and lesser courts.) Montesquieu believed each branch should be

subject to checks and balances.

Influence of Voltaire

VoltaireVoltaire

•Voltaire – Used public Voltaire – Used public opinion to fight injustice. opinion to fight injustice. “I do not agree with a “I do not agree with a word you say, but I will word you say, but I will fight to the death for fight to the death for your right to say it.” your right to say it.”

• Believed the perfect Believed the perfect government needed government needed freedom of speech and of freedom of speech and of religion.religion.

Influence/Role of Thomas Paine

Thomas Paine and Common Sense

•Thomas Paine writes a pamphlet called Common Sense•Argues that the colonists should free themselves from British Rule and establish an independent government based on the ideas of the Enlightenment

•Written in a simple style so ALL colonists could understand it

•500,000 copies sold•Colonists support independence as a result

•“We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birthday of a new world is at hand, and a race of man…are to receive their portion of freedom from the event of a few months.” –Thomas Paine (English-born U.S. political philosopher, 1737-1809), Common Sense, 1776

Enlightenment Ideas

US Constitution

SeparationOf Powers

Checks & Balances

Gov’t’s power comes

from the people

People have natural rights to life,

liberty and property

Guaranteed Individual Rights

Gov’t’s authority

comes from people

Separation of three

branches of gov’t

Checks &Balances

The Declaration of Independence

•“Rebellion to tyrants is obedience to God.” – Thomas Jefferson (U.S. president 1743-1826), motto on his seal

Declaring Independence•Summer 1776, the Continental Congress appoints a committee to begin drafting a declaration stating reasons for independence

•John Adams, Benjamin Franklin, Thomas Jefferson, Robert Livingston, and Roger Sherman appointed to write a declaration of independence

•Thomas Jefferson selected to write the document

Principles of the Declaration of Independence

•“Natural rights” life, liberty and the pursuit of happiness

•Governments derive their power from the people and could be abolished if individuals “unalienable rights” (rights everyone has from birth) were trampled

•All men are created equal •Listed how England had violated the colonists “unalienable rights”

Major Themes of the Declaration of Independence

Among these rights:

LifeLibertyPursuit of happiness

Self evident truthsHuman equality

Natural rights

Purpose of gov’tMeasure of JusticeRight of Revolution

Limits to theright of revolution

To secure rights

Consent of the governed

Whenever any form of gov’t is destructive of the security of natural rights

Prudence: Long-established gov’ts shouldn’t be overthrown for “light and transient causes”

Experience: Men are more disposed to suffer while evils are sufferable than to right themselves

All men are created equal

We hold these truths to be self-evident

They are endowed by their Creator with certain unalienable rights

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 abolish it, and to institute new government. . .”

Parts of the Declaration of Independence

1. Preamble – legal and philosophical justification for the revolution and colonial independence

2. Declaration of rights - governments can’t trample a mans rights and if it does, it can be over thrown.

3. List of grievances – outlines the how King George had violated the colonists rights

4. Statement of independence

Causes of the American Revolution

Essential Understandings

•The ideas of the Enlightenment and the perceived unfairness of British policies provoked debate and resistance by the American colonists.

Causes of the American RevolutionCauses of the American Revolution

The 13 English Colonies

Growing Discontent

Early Clashes

• Part of British global trade• Mercantilist policies• Navigation Acts: regulated colonial trade• Colonists felt entitled to the rights of English citizens

• French and Indian War drained British treasury.• Britain passed and enforced new tax law on the colonists• “No taxation without representation.”

• Boston Massacre• Boston Tea Party• Punitive laws passed by British to punish colonists• Continental Congress with representatives from all 13 colonies

Reasons for Independence•Over 100 years of the policy of salutary neglect by the British government (relaxed policies, allowed for self government in the colonies)

•French and Indian War•Series of taxes on the colonies to pay off war debt (taxation without representation)

•Colonist not allowed to move into territory won from France

The Beginning of the American Revolution

•Resistance to British rule in the colonies mounted leading to war•The Boston Tea Party was staged•The First Continental Congress was called to which all thirteen colonies sent representatives, the first time the colonies had all acted together

•The Boston Massacre took place when British troops fired on anti-British demonstrators

The Creation of the

Constitution

Essential Understandings

•During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles.

The Articles of Confederation

•American political leaders, fearful of a powerful central government like England’s, created the Articles of Confederation, adopted at the end of the war.

•Provided for a weak national government•Gave Congress no power to tax or regulate commerce among the states

•Provided for no national currency•Gave each state one vote regardless of size•Provided for no executive or judicial branch

There were too many problems with the Articles of Confederation so the 13 states each sent delegates to a meeting in Philadelphia in 1787.

At the meeting, later called the Constitutional Convention, the delegates developed the Constitution of the United States.

Articles of Confederation to Constitution

The Articles of Confederation• Colonists had to learn to work together, form new government • First government established by Articles of Confederation, approved 1781• National government made deliberately weak to avoid abuses of power• Government had no power to tax, could not negotiate with foreign nations• Articles produced government too weak to govern effectively

• Delegates met at Constitutional Convention, 1787, to revise Articles

• Instead wrote Constitution

• George Washington presided over convention

• James Madison negotiated main points

The Constitution• Constitution created federal

system of government

• Certain powers reserved to federal government, others for states

• Three branches of government: executive, judicial, legislative

• System of checks and balances

Federal System

Forming a New Government

The US Constitution

Essential Understandings•The Constitution of the United States of America established a government that shared power between the national government and state governments, protected the rights of states, and provided a system of orderly change through amendments to the Constitution itself.

Forming a New Government

• Influence of Enlightenment thought on Constitution very powerful

• Founding principle, government exists for the people

• Reflected Locke’s and Rousseau’s idea of government by consent of people

• Division of government into three branches reflected Montesquieu’s idea of separation of powers

• In order for the Constitution to take effect, nine of the thirteen states had to ratify, or approve, it.

• The supporters of the Constitution with a strong national government were called Federalist, those who apposed the Constitution with a strong national government were called Anti-federalist.

Federalists versus Anti-Federalists

The Anti-federalist did not want to approve of the Constitution unless it contained a Bill of Rights to protect the basic freedoms of man.

In May,1788 New Hampshire became the ninth state to ratify the Constitution. Enough states had now approved of the Constitution to put it into operation.

In 1791 the Bill of Rights, ten amendments that protected individual rights, was added to the Constitution.

Impact of Anti-Federalists

The Principles of the

United States Constitution

•“We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.” – Constitution of the United States, Preamble, 1787

Key Aspects of the Constitution• Made federal law the supreme law of the land, but

otherwise gave the states considerable leeway to govern themselves.

• Balanced power between large and small states by creating a Senate (where each state gets two senators) and a House of Representatives (with membership based on population).

• Placated the Southern states by counting the slaves as three-fifths of the population when determining representation in the House of Representatives.

• Avoided a too-powerful central government by establishing three co-equal branches—legislative, executive, and judicial—with numerous checks and balances among them.

• Limited the powers of the federal government to those identified in the Constitution.

Popular SovereigntyPower comes from the people!

(Rousseau)

I. Popular Sovereignty

•The people hold the ultimate authority•A representative democracy lets the people elect leaders to make decisions for them.

Limited GovernmentTo prevent an absolute monarchy

(Locke)

II. Limited Government

• Framers wanted to guard against tyranny• Government is limited to the power given them in the

Constitution.• The Constitution tells how leaders who overstep their

power can be removed

Division of PowerTo prevent an absolute monarchy

(Montesquieu)

III. Federalism

•The division of power between State and National Governments

•Some powers are shared•The National Government has the “supreme power”

Separation of Power and Checks and

BalancesTo prevent an absolute monarchy

(Montesquieu)

IV. Separation of Powers

• No one holds “too much” power• Divided into three branches:• legislative, executive, and judicial

Legislative Branch

• Senate and House of Representatives• Make our laws• Appropriate Money• Regulate Immigration• Establish Post Offices and Roads• Regulate Interstate Commerce and Transportation• Declare War

Executive Branch

• The President of the United States• Chief Executive• Chief of State• Chief Legislator• Commander in Chief

Judicial Branch

•Supreme Court and other Federal Courts

•Preserve and protect the rights guaranteed by the Constitution

•Considers cases involving national laws

•Declares laws and acts “unconstitutional”

Legislative Branch

• Writes laws

• Confirms presidential appointments

• Approves treaties

• Grants money

• Declares war

Executive Branch

• Proposes and administers laws

• Commands armed forces

• Appoints officials

• Conducts foreign policy

• Makes treaties

Separation of Powers

Judicial Branch

• Interprets Constitution and other laws

• Reviews lower-court decisions

This separation balances the branches of government and keeps any one of them from growing too powerful.

V. Checks and Balances

• Prevents the abuse of power in government• Each branch can check each other branch

Executive Checks

•Propose laws to Congress•Veto laws made by Congress•Negotiate foreign treaties•Appoint federal judges•Grant pardons to federal offenders

Legislative Checks• Override president’s veto• Ratify treaties• Confirm executive appointments• Impeach federal officers and judges• Create and dissolve lower federal courts

Judicial Checks

• Declare executive acts unconstitutional• Declare laws unconstitutional• Declare acts of Congress unconstitutional• The Supreme Court holds the final check

The Bill of Rights

Essential Understandings

•The major principles of the Bill of Rights of the Constitution were based on earlier Virginia statutes.

Basis for Bill of Rights

Virginia Declaration of Rights

•Created by George Mason•Reiterated the nation that basic human rights should not be violated by governments.

Virginia Statutefor Religious Freedom

•Written by Thomas Jefferson

•Outlawed the established Church – that is the practice of government support for one favored church.

Bill of Rights• James Madison, a Virginian, consulted the Virginia

Declaration of Rights and the Virginia Statute for Religious Freedom when drafting the Amendments that eventually became the United States Bill of Rights.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” –James Madison (U.S. president, 1751-1836)

Who determines what the Bill of Rights mean?

•The Supreme Court makes rulings on the meaning

•The Supreme Court balances the rights of the individual with the needs of society

Individual?? Society??

The first amendment—5 rights mentioned

•Freedom of Speech•Freedom of Religion •Freedom of the Press

•Freedom of Assembly

•Right to petition the government

First Amendment

1st Amendment

• The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition.

• This means that we all have the right to:• practice any religion we want to• to speak freely• to assemble (meet)• to address the government (petition)• to publish newspapers, TV, radio, Internet (press)

The Bill of RightsAmendment I Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedoms granted by this amendment?

2. Freedom of speech1. Freedom of religion3. Freedom of the press5. Freedom to petition government for grievances

4. Freedom to assemble

Summary Guarantees our freedom of speech, religion, press, and to assemble peaceably.

Freedom of Religion

• “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

•Two clauses:•Establishment clause•Free Exercise clause

Establishment and free exercise clause often conflict with each other

•In schools, the religion issue is most prevalent

•If a student raises his hand and says “teacher, can we say an opening prayer before this test”

•If the teacher says: •“Yes”, It looks like establishment of religion

•“No”, It is deigning a student free exercise.

Establishment Clause—Government cannot promote religion

Establishment Clause-GovernmentCans Cannot

• Teach about religions in school• Allow voluntary prayer in many

examples• Transport students to a religious

school• Read Bible for culture or literacy

content

• Set a state religion • Government cannot order a

prayer• Teach religious doctrine in the

school• Pay seminary teachers• Teach creationism

Free Exercise—The personCan Cannot

• Choose whatever religion• Lead a prayer in most examples• Ask questions about religions • Worship who ever you want

• Break the law and claim it is religious belief

• Raise children without education

• Deprave children of basic needs

Freedom of speech

• “Congress shall make no laws . . . abridging the freedom of speech”

Free Speech– The Individual Can:• Say any political belief• Protest (without getting out of control)• Say things about someone that are true• Burn the flag• Say racist and hate slogans• Free speech means someone might say something you disagree with

Free Speech—Limits on the Person

• Threaten to blow up airplanes, schools or the president• Sexual harassment• Create too much social chaos• Extremely crude language in a public form• Disrespectful, vulgar language in schools• Hate crimes

Freedom of the Press

•Congress shall make no law . . . abridging . . . the freedom of the press.”

Freedom of the Press-The PressCan Cannot

• Print any political position• Make fun of people, especially

politicians• Expose wrongs by the

government• Say things you might not agree

with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make a certain weapons

Freedom of Assembly

•Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Freedom of Assembly--IndividualCan Cannot

•Protest •Parade (with a permit)

•Parade chanting hate slogans

•Gang members can congregate in public

•Protest by throwing rocks and breaking windows

•Hang out on private land against owners will—loitering

•Teen curfew

Petition the Government

•“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

Petition the Government

•You may sue the government for wrongs•You cannot be punished for exposing wrongs by the government

•The courts decide the wrongs

Second Amendment

2nd Amendment—Right to bear arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms?

•How much can the government keep guns from criminals and youth?

•In order to keep guns away from criminals, does that limit the right of law abiding citizens?

Gun Debate Continued

• Thousands of people die every year because of guns

• Thousands of crimes are potentially prevented because of guns

Shoes representing gun deaths.

The Bill of RightsAmendment II A well regulated Militia, being necessary to the

security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Questions: What are “arms”?

What does infringe mean?

What is a militia? Why did we need one?

How is this Amendment being discussed today?

Summary Guarantees the right to bear arms

Third Amendment

3rd Amendment

•The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

•This means that we cannot be forced to house or quarter soldiers.

The Bill of RightsAmendment III No Soldier shall, in time of peace be quartered in

any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Question Why might The Founding Fathers have thought that this was important enough to be included in The Bill of Rights?

Summary Prohibits the quartering of troops in private residences.

Rights of the Accused Amendments #4-8Important to preserve freedom

Fourth Amendment

4th Amendment

•The 4th Amendment protects the people from unreasonable searches and seizures.

•This means that the police must have a warrant to enter our homes.

• It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

The Bill of RightsAmendment IV The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question Are there exceptions where law enforcement would not need a warrant?

Plain view clause

Summary Protects against unreasonable search and seizure.

Fifth Amendment

Fifth Amendment

• You cannot be tried for the same crime twice—called “Double Jeopardy”

• You do not have to testify against your self. “I plead the fifth”

• You must have due process of law before you are convicted

• The government cannot take your land unless it pays.

The Bill of RightsAmendment V No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment* of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

a formal accusation initiating a criminal caseIndictment: (n)

The Bill of RightsList the rights granted in The Fifth Amendment:Questions for

Amendment V: •Due process of law•Requires indictment by a grand jury•Prohibits a person from being tried for the same crime twice (double jeopardy)•Gives defendants in trial the right not to testify against themselves.

Summary Protects the rights of people accused of a crime by guaranteeing the due process of law, requiring an indictment by a grand jury, prohibiting a person from being tried for the same crime twice, and giving defendants in trial the right not to testify against themselves.

Sixth Amendment

6th Amendment

• The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial)

• an impartial jury (doesn’t already think you are guilty)

• that the accused can confront witnesses against them

• the accused must be allowed to have a lawyer

The Bill of RightsAmendment VI In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Summary Guarantees the right to a speedy and public trial before an impartial jury, right to an attorney and the right to cross-examine the witnesses.

Seventh Amendment

7th Amendment

•The 7th Amendment guarantees the right to a speedy civil trial.

•A civil trial differs from a criminal trial.• A civil trial is when someone sues someone else.

•A criminal trial is when the state tries to convict someone of a crime.

The Bill of RightsAmendment VII In Suits at common law, where the value in

controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Question: How does a criminal trial differ from a civil one?

Summary Guarantees the right to trial by jury in a civil case.

Eighth Amendment

8th Amendment

•The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

The Bill of RightsAmendment VIII Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishment inflicted.

"No cruel and unusual punishment is to be inflicted; it is sometimes necessary to hang a man, villains often deserve whipping, and perhaps having their ears cut off; but are we in the future to be prevented from inflicting these punishments because they are cruel?" Senator Samuel Livermore (New Hampshire) 1 Annals of Congress 754 (1789)

Question: How should we define what is "cruel and unusual"?

Summary Prohibits excess bail and the use of cruel and unusual punishment.

Ninth Amendment

9th Amendment

•All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

•This means that the states can do what they want if the Constitution does not forbid it.

The Bill of RightsAmendment IX The enumeration in the Constitution of certain

rights shall not be construed to deny or disparage others retained by the people.

*enumeration - numbered list*construed – interpreted in a certain way*disparage – represent of little worth

Question: What do you think the Founding Fathers were talking about here?

Summary Guarantees the just because a right is not listed in the Constitution does not mean the people do not retain that right. (i.e. natural rights)

Tenth Amendment

10th Amendment

•The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

The Bill of RightsAmendment X The powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Questions: Can States make laws in additional to the laws of the federal government?Can the States make laws that are in opposition to laws created by the federal government.?

Summary Means that all rights not given to the Federal government in the Constitution are given to the states and the people.

Examples Education requirements, rules for marriage, state taxes.

Impact of American Government

• News of successful American revolution impacted other governments

• Although French King Louis XVI supported Americans, France experienced own revolution, 1789

• America had shown it was possible to oppose tyranny

• Soldiers’ courage, Constitution framers’ wisdom, shining examples

The Bill of Rights

• Opponents to Constitution said it failed to protect citizen’s rights

• Wanted protection of individual’s rights added to Constitution

• Congress added Bill of Rights, first 10 amendments to Constitution

• Protected natural rights advocated by Voltaire, Locke, Rousseau