UNIT ONE: THE PHILOSOPHICAL AND HISTORICAL FOUNDATIONS OF AMERICAN GOVERNMENT & LAW
American Government & Law Michael Thurston Room 131
CHARTING THE UNIT Utility & Jeremy Bentham Natural Rights Philosophy & John
Locke Immanuel Kant’s answer to
Bentham & Locke Influences on the Constitution
Ancient World (Aristotle) England Colonies Declaration of Independence State Constitutions
Why the Articles of Confederation Suck
The Framers and the Framing The National Debate
The Federalist Papers!! Ratification
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 to abolish it, and to institute new government,…”
NATURAL RIGHTS PHILOSOPHY John Locke “State of Nature” The scenario: Six questions – EXPLAIN each
answer!1) Upon arrival would there be any
government or laws?2) Would anyone have the right to
govern? 3) Would you have any rights? If
so, what?4) What might stronger or smarter
people try to do?5) What would the weaker or less-
smart try to do?6) What would life be like?
JAMES MADISON
“If men were angels there would be no need of government.”
IMMANUEL KANT (1724-1804) The Critique of Pure
Reason The Metaphysics of
Morals Rejects both Bentham
and Locke All people have
dignity All people are capable
of reason and choosing freely the right thing to do.
IMMANUEL KANT Bentham was half
right Pleasure and pain
are NOT our masters
Kant is more concerned with freedom and morality
What is freedom? Do what ever you
want? Libertarian
viewpoint The Netherlands
IMMANUEL KANT Are you choosing
freely? Are you a slave to
your desires? Are you choosing for
the right reasons? Are you acting out of
your own reason?
IMMANUEL KANT
KANT’S CONCEPTION OF FREEDOM
KANT’S CONCEPTION OF MORALITY
To act freely = to act autonomously To act according to a law I
give myself Opposite = heteronomy
Acting according to desires NOT chosen by me
To act freely is not to choose the best means to an end, but rather to choose the end for its own sake
Morality lies not in the consequences or even in the results – but in the motive
Do the right thing for the right reason
The only motive that matters = DUTY
Opposite of duty = inclination
DUTY VS. INCLINATION1) Shopkeeper
2) Better Business Bureau
3) Cheating at Winslow High School
ACCORDING TO KANT…
You are truly free ONLY if:
Duty > Inclination
INFLUENCES ON THE CONSTITUTION
* European Philosophy State
Constitutions Classical
Republicanism
WHAT IS A CONSTITUTION? Simple definition:
A set of customs, traditions, rules, and laws that sets forth the basic way a govt. is organized and operated.
Using this definition…every nation has a constitution
What can you find out by reading one?
Having a constitution does NOT mean a nation has a constitutional government
Higher power must be obeyed by ALL – including those in power
CHARACTERISTICS OF A CONSTITUTION – ACCORDING TO THE FOUNDERS
Natural Rights
Protection of rights
Private domain
Difficult to change
Federalism
LIMITED
So…rights protected by limiting government & distribution of power (organizational protection)
“Give all the power to the many, they will oppress the few. Give all the power to the few, they will oppress the many.”
Alexander Hamilton
“There are two passions which have a powerful influence on the affairs of men. These are ambition and avarice; the love of power and the love of money.”
Ben Franklin
From the nature of man, we may be sure that those who have power in their hands…will always, when they can…increase it.”
George Mason
WRITING PAPERS
Michael ThurstonWinslow High School
PROCESS
Paper assigned Reading / gathering info Outline & pre-write Write & rewrite! Use the week! Finalize & turn in…on time
BASICS
Don’t use ‘I’ White paper…TNR…size 12 Impress me with insight, not special effects MLA format, citing sources within the text
THE SET-UP
Decide on thesis first, then build around it Structure:
Introduction Lead-in Underlined thesis Methods of proof sentence
SET-UP
Structure Body
Explanation of methods Your insights! Prove your understanding Be cogent Refute other side if appropriate Conclusion
THESIS & METHODS
Thesis: a single provable statement. Methods: The ammunition to prove my thesis Example:
John F. Kennedy’s religion played no role in the Election of 1960. The “Delaware press conference”, the West Virginia primary, and final vote count according to religious affiliation show this to be the case.
HAPPY CONSTITUTION DAY!!!!!
ARISTOTLE & TELOS
CLASSICAL REPUBLICANISM Civic virtue Moral education Small uniform
communities Shared experience Today?
COLONIES STATES Ancient world…
England…Enlightenment…Colonies…Declaration of Independence…
New states = “state of nature”
After the Revolution states create their own constitutions
NEW STATE CONSTITUTIONS Six Common Basic Ideas:1. Higher law & natural
rights (and declarations of other rights - VA)
2. Social contract3. Popular sovereignty4. Representation & the
right to vote5. Legislative supremacy6. Checks & balancesMassachusetts is a little
different
THE ARTICLES OF CONFEDERATIONA STUDY OF FAILURE
If the Founders were so bright…
Two problems influenced the document:1. Fear of a strong
national government2. Fear that some
states would dominate others
TIME FOR A CHANGE
THE WAKE UP CALL SAY SOMETHING NICE
Shay’s Rebellion What were the achievements??
1. Winning a revolution2. European diplomacy3. Northwest ordinance4. Public education
THE CONSTITUTIONAL CONVENTION 55 delegates George Washington James Madison George Mason Alexander Hamilton Ben Franklin James Wilson Who was not there?
THE VIRGINIA PLAN Madison made sure
it was the basis for discussions at the Convention
Major recommendations: Federal system 3 branches Bicameral legislature MUCH more powerful
central government
THE NEW JERSEY PLAN William Paterson Legislature with
increased powers
Executive & judicial branches
THE CONSTITUTION IS WRITTEN…NOW IT HAS TO BE RATIFIED
Very different = some real fear
Examples: Ben Franklin George Mason
Federalists Anti-Federalists
THE ANTI-FEDERALIST POSITION Should have been open
to the public Undermines a republican
form of government Central govt. = too
powerful “necessary & proper”
clause An army during peace
time???? NO BILL OF
RIGHTS!?!?!?
THE FEDERALIST POSITION Most change in
government = by accident or force…ours = reflection and choice
Good government = effective government
THE FEDERALIST PAPERS James Madison, Alexander
Hamilton, John Jay 85 Essays Publius Valerius writing to
Solon 1-14: Argument for Union 15-22: Defects of Articles 23-36: Need for strong govt. 37-51: General
characteristics 52-83: Branches 84 & 85: Conclusion
YOUR FEDERALIST POSTER MUST INCLUDE:
One image that captures the theme.
A slogan that does the same.
5 quotes that you can explain.
Federalist 39: The Conformity of the Plan to Republican Principles
This Constitution conforms to the standard of our ancient heroes!
“The proposed Constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal Constitution, but a composition of both.”