Thinking like a Founding Father: The Constitution and Bill of Rights

Students explain the fundamental principles and moral values of American

democracy as expressed in the U.S. Constitution and other essential

documents of American democracy.

Part 1: Theories of Government

Objective: Identify and explain elements of the social contract and

natural rights theories in United States founding-era documents.

Where do values and ideals come from? Think about some examples that have

influenced you in each category.

Be prepared to discuss your answers!

What values, ideas and circumstances influenced the founding fathers?

• Ancient Greek and Roman Ideals• European political thinkers, such as John

Locke, Charles-Louis Montesquieu, Niccolo Machiavelli, and William Blackstone

• British Documents, such as the Magna Carta, English Bill of Rights, English petition of right

• Debates of the day, such as individual rights, public good, limiting government power, etc.

What causes people to form governments?

• The Force Theory: One person claimed control of an area and forced all within it to submit to the leader’s rule.

• The Evolutionary Theory: People organized in families, then clans, then tribes, etc.

• The Divine Right Theory: God created the state and rulers had divine rights to rule.

• The Social Contract Theory: The state arose out of a voluntary act of free people.

The Social Contract Theory• Theory discussed by philosophers such Thomas Hobbes, James

Harrington, John Locke and Jean Jacques Rousseau. • STATE OF NATURE: Belief that in earliest history, people lived in

complete freedom with no government and no superior power. There was also no authority to protect one person from the aggressive actions of another.

• People agreed to give up some personal power in order to create a state that promoted the safety and well-being of all. This is called a social contract.

• These philosophers concluded that governments are a voluntary act of free people. Governments exist to serve the will of the people.

• American ideals such as popular sovereignty, limited government, and individual rights are based on the social contract theory.

• Thomas Jefferson called the Declaration of Independence “pure Locke!”

Social Contract and Natural State• READ “Second Treatise of

Government” on page 11 of your book and answer the four questions.

• Complete “Teenage World” hand-out in groups of 2 or 3.

• HW: Read “In the Beginning—Englishmen in the World” and answer the questions on the study guide.

• John Locke (1632-1704):

Part II: The English System

Objective: Demonstrate knowledge of the political philosophies that shaped the development of the U.S. constitutional

government by explaining the influence of the Magna Carta, the English Petition of

Rights, and the English Bill of Rights.

Warm-up: Pure Locke! (page 11)• “To understand political power right we

must consider what state all men are naturally in and that is a state of perfect freedom to order their actions and dispose of their possessions and persons as they think fit, a state also of equality…The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind that all being equal and independent no one ought to harm another in his life, health, liberty, or possessions…Though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, very unsafe, very unsecure. This makes him willing to join a society with others for the mutual preservation of their lives, liberty and estates. This is the great and chief end of men’s uniting into commonwealths and putting themselves under government.” John Locke

• Discussion Questions: (Answer them on paper, please!)

• According to Locke, what freedoms did people have before the founding of governments?

• What are the potential dangers of a person living in what Locke calls “perfect freedom”?

• According to Locke, how are governments formed?

• What trade-off does Lock say occurs when people live under governments?

English Political Traditions and Ideals

• Ordered Government: Colonists created local government based on the British system. They established offices for the sheriff, coroner, assessor, justice of the peace, the grand jury, counties, townships, etc.

• Limited Government: Colonists believed that individuals had certain rights that the government could not take away. There were restrictions on the government’s power.

• Representative Government: Colonists believed that government should serve the will of the people. It should be government “of, by and for the people.”

The Magna Carta: Fundamental Rights and Liberties from 1225

• Signed in 1225 (Middle Ages) • King John was a tyrant who

alienated everyone: nobles, merchants, peasants, and religious leaders; he was forced to sign a document limiting his power and establishing a government based on the rule of law.

• This document was the “law of the land” in England, and it led to the custom of parliament to put the king’s power in check.

• Due process was a fundamental component of the Magna Carta, and the British Colonists were very aware of their rights under the Crown. • King John of England (right) and an English baron

agreeing to Magna Carta. A detail from the bronze doors of the U.S. Supreme Court building, Washington, D.C.

Primary Sources: The Magna Carta (p. 33)

• What basic American right has its origin in Article 39 of the Magna Carta?

• Which article provides the basis for the Fifth Amendment to the Constitution, which states that no person can be “deprived of life, liberty, or property without due process of law?”

• What limits does Article 12 place on the king’s power to tax?

The Magna Carta: Rule of Law

• Powers and privileges of the king are clearly

defined and limited• Charter provides for enforcement of

restrictions placed on the king

The Magna Carta: Fairness of the Laws and their Execution

• "Reasonable" rules and regulations• Equal justice under the law• Recognition of customs, traditions, and

established rights• Restoration of property and fines if not justly

taken• Punishment in proportion to the crime

The Magna Carta: Commitment to “due process of law”

• Established procedures• No trial without evidence/testimony to

support accusations• Reliance on local courts and magistrates• Trials held in a timely manner• Trials open to the public• Trial by a jury of one's peers

The Magna Carta: Respect for Economic Rights

• Right to property• Fairness in economic transactions—standard

weights and measures• Reimbursement for and/or restoration of

property• Freedom for merchants to move in order to

conduct business

The English Petition of Right, 1628• The Magna Carta set the

precedence that the king’s power was not absolute.

• Parliament became increasingly more powerful over time.

• In 1628, Charles I asked Parliament to approve more funding and to raise taxes. Parliament refused to do this until the king signed the Petition of Rights.

• The petition challenged the idea of the “divine right of kings” and declared that even a monarch must obey the law of the land.

• What rights were granted? – Taxes can be levied only by

Parliament.– Martial law may not be

imposed in times of peace. – Prisoners must be able to

challenge the legitimacy of their detention (writ of habeas corpus)

– Homeowners cannot be forced to shelter and feed military troops.

The English Bill of Rights, 1689(JUST SAY NO TO BAD MONARCHS!)

• No royal interference with the law: monarchs cannot establish new courts or act as judges.

• No taxation by royal prerogative: parliament must approve all taxes. • No church courts; only civil courts are legal. • No standing armies in times of peace, unless parliament approves it. • No fear of retribution for petitioning the monarchy. (freedom to petition

the government)• No interference in the people’s right to bear arms. • No interfering with debates and proceedings of Parliament—they can

assemble and deliberate without fear of retribution. • No fines or other forfeitures are allowed before a person is convicted of a

crime. • No cruel and unusual punishment or excessive bail.

Values, Rights and Protests

• Work in groups of three to discuss the case study and complete the handout. You will present your findings to the class.

• Homework: Read “The Widening Split—1763 to 65” and complete Study Guide Part II.

• Please make sure you are keeping all papers for this class organized in your binder. You will need all classwork and homework for next week’s activity.

Part III: Influential Thinkers

Objective: Analyze the influence of ancient Greek, Roman, English and leading European political thinkers

such as John Locke, Charles-Louis Montesquieu, Niccolo Machiavelli, and William Blackstone on the

development of American government.

Classical Greek Ideas on Government • Athenian Democracy: A three-tiered system of direct

democracy, elected representatives and courts with juries.

• Plato’s Republic: Plato advocated for a form of government led by the people most qualified to make good decisions; many of the founding father’s wanted a REPUBLIC, not a direct democracy.

• Aristotle’s Politics: Aristotle believed in a government that was for the good of the people that was based on the rule of law. He also believed that there was a “natural aristocracy” that was meant to lead and that pure democracy would lead to chaos!

• Many founding fathers preferred the idea of REPUBLIC over the idea of DIRECT DEMOCRACY!!!!!

Classical Roman Ideas on Government• In 509 BCE, the Romans established a republic where

elected officials governed the state. The plebeians (common people) could veto the decisions of the patricians (aristocrats). Laws were written and posted in the Roman Forum, and the two houses worked together to write a constitution!

• The Roman Republic has a system of checks and balances. The Senate controlled the finances and could refuse to give money to the Magistrates who ran the city and led the army. The Assemblies and Tribunes could veto officials’ actions and reject laws approved by the Senate.

• Cicero was a Roman lawyer and philosopher who believed in the idea of “right of revolution” to overthrow an unjust government. He was widely read by Enlightenment thinkers and by the founding fathers.

The Roman Empire And Billy the Great (…in fair Verona, where we lay our scene…)

Niccolo Machiavelli• He was an Italian historian, philosopher

and writer who lived during the Renaissance.

• He wrote a book called The Prince that could be read as a manual on how to obtain and keep political power. We use the term Machiavellian to describe a leader who is concerned mostly about his or her own power instead of doing the right thing and being admired by others. Yes, this book was also on the Index of Prohibited books, but it also angered humanists and other liberal thinkers!

• One question that can be asked about leadership and power is: Is it better to be loved or feared?

• The founding fathers would have been knowledgeable about his work and would have probably compared the British Monarch to the Prince, but they may also have taken advise from the book! This is a piece of literature that get people riled up!

Political Thought in England

• Magna Carta• English Bill of Rights• English Petition of Rights

• The Enlightenment• John Locke (Social Contract Theory)

• What other thinkers influenced the founding fathers?

Natural Rights Philosophy in 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 of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Charles-Louis Montesquieu• He was a French social commentator and political

thinker who lived during the Enlightenment. • He wrote a book called The Spirit of Laws; his

book was condemned by the Catholic Church and was included in The Index of Prohibited Books in 1751.

• He believed that individual historical events were a result of a larger movement or trend.

• His ideas about separation of powers in government was incorporated into many constitutions around the world.

Sir William Blackstone• He was a contemporary of the founding

fathers, and he was about the same age as Benjamin Franklin.

• He was a legal scholar and wrote a book called Commentaries on the Laws of England; the book was a four volume overview of English Law. All law students of the day would probably have a copy of it, and the founding fathers consulted it when writing their documents.

• During the founding years of our nation, the Supreme Court often made decisions based on English common law because there was no judicial precedence in the United States, and the book is still read by lawyers and sometimes cited by Supreme Court Justices today!

Part IV: The Moment of Decision

The Moment of Decision• The Crown—not Parliament—managed colonial affairs from London.

There was an ocean in between, and, in reality, the colonists were self-governing.

• Colonies were granted under different systems and also formed very different governments under British rule. However, the colonies also experiment with alliances and confederations.

• In 1643, the New England Confederation was formed as a defense alliance against the native Americans.

• William Penn offered a plan for inter-colonial cooperation in 1696, and Benjamin Franklin proposed the Albany Plan of Union in 1754.

• In 1765, states sent delegates to the Stamp Act Congress, and these delegates wrote a formal protest called the Declaration of Rights and Grievances. Colonists united to boycott British goods and organize protests.

• The First Continental Congress met in the spring of 1774, and the Second Continental Congress met in the spring of 1775. By this time, the first battle of the Revolutionary War had already occurred. Another year would pass before the delegates agreed to sign the Declaration of Independence—breaking the ties with Britain was not an easy decision!

The UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA

• Warm-up: Read the Declaration of Independence and answer the questions on page 43 in your textbook.

• https://www.gilderlehrman.org/multimedia?category=16&sortby=chrono#15726

•

Part IV: Republicanism vs. LiberalismSeptember 19, 2011

Explain how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and discuss how the basic

premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as “self-evident

truths.”

Classical Liberalism: Government that protects the rights of individuals

• John Locke, Charles-Louis Montesquieu• Focus in on individual rights and equality; at the

extreme end of this spectrum, there is CHAOS! • People have natural rights; government power

comes from the people; DEMOCRACY: People have the right to abolish the government!

• The people would dictate to the government how to serve the common good; the rights of the individual would be protected by the constitution and rule of law.

Classical Republicanism: Government that promotes the public good

• Cicero, Machiavelli?????• Focus on civil society and what was best for the whole; at

the extreme end of this spectrum there is a POLICE STATE!• Personal interests had to be set aside for the good of the

whole; citizens needed to participate in their government (voting, expressing ideas, serving in office); laws are necessary to serve the common good.

•

READING ASSIGNMENT: Marking the text and synthesizing ideas

• DEFINE: • Classical liberalism• Classical republicanism• Liberal constitutionalism• Democracy• Please keep these deep thoughts in the back

of your mind as we go back to the sweltering summer in Philadelphia for our mini-debates!

Objective: Summarize the principles and purposes of government in the

Preambleto the Constitution.

The Federalist PapersObjective: Explain how the Founding Fathers’ realistic view of human nature led

directly to the establishment of a constitutional system that limited thepower of the governors and the governed as articulated in the Federalist

Papers.Objective: Describe the systems of separated and shared powers, the role of

organized interests (Federalist Paper Number 10), checks and balances(Federalist Paper Number 51), the importance of an independent

judiciary (Federalist Paper Number 78), enumerated powers, rule of law,federalism and civilian control of the military.

Objective: Discuss the charter of American democracy and its promise

and perilsas articulated by Alexis de Tocqueville.

Objective: Understand that the Bill of Rights limits the powers of the federalgovernment and state governments.

Shared Power• Explain how the Founding Fathers’ realistic view of human nature

led• directly to the establishment of a constitutional system that limited

the• power of the governors and the governed as articulated in the

Federalist• Papers.• Describe the systems of separated and shared powers, the role of• organized interests (Federalist Paper Number 10), checks and

balances• (Federalist Paper Number 51), the importance of an independent• judiciary (Federalist Paper Number 78), enumerated powers, rule of

law,• federalism and civilian control of the military.

What is human nature?

Constitutional System

Limited Government

Separated and Shared System

Checks and Balances

Independent Judiciary

Enumerated Powers

Rule of Law

Federalism

Civilian Control of the Military

• http://www.primohistory.com/Lecture%20Notes.html

Preamble: What is our purpose and ideals for forming a new government? • 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.

• You turn: Write a preamble for Schweinfurt HS!

Articles of the Constitution

• Article I: Legislative Branch• Article II: Executive Branch• Article III: Judicial Branch• Article IV: Relations Among the States• Article V: Provisions for Amendments• Article VI: National Debt, Supremacy of

National Law and Oath• Article VII: Ratification of Constitution

Bill of Rights• First Amendment: Freedom of religion, speech, press,

assembly and petition• Second Amendment: Bearing Arms• Third Amendment: Quartering of Troops• Fourth Amendment: Searches and Seizures• Fifth Amendment: Criminal Proceedings, Due Process,

Eminent Domain• Sixth Amendment: Criminal Proceedings• Seventh Amendment: Civil Trials• Eighth Amendment: Punishments for Crimes• Ninth Amendment: Unenumerated Rights • Tenth Amendment: Powers Reserved to the State

Homework

• STEP 1: List as many news sources as you can. Aim for 10!

• STEP 2: Find a current event that relates to the US Constitution or Bill of Rights.

• STEP 3: Print the article, write a one paragraph summary and be prepared to present it to the class.

• Due at the beginning of next period! No exceptions!