Warm up 8/5/15 LIST TWO PURPOSES OF GOVERNEMT Foundation of American Government Standard SSCG1 The student will demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the Petition of Rights, and the English Bill of Rights. b. Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and Montesquieu (The Spirit of Laws) as they affect our concept of government. What is government? Defined – institutions that make public policy for a society Legitimate use of force used to control human behavior All forms of government require submission of some freedom Purposes: Maintaining order Making Economic Decisions Providing Security Providing public goods and services Roads, Clean Air Promoting equality/Resolve Conflicts Many early issues left to states Dilemmas: Freedom vs. Order Freedom vs. Equality Where did our Ideas about Government Come From? Aristotle The Greek philosopher was one of the first to study government. He studied the polis, a state consisting of a city and the surrounding countryside, of the ancient Greeks. Greek words: politics, democracy, and republic. Thomas Hobbes English scholar and philosopher Social contract - by agreement people gave up to the state the power needed to maintain order. The state, in turn, agreed to protect the citizens. In Leviathan, Hobbes set out his doctrine of the foundation of states and legitimate governments - based on social contract theories. “state of nature” – what life would be like without government. Hobbes The state of nature inevitably leads to conflict, a "war of all against all" and thus lives that are "solitary, poor, nasty, brutish, and short" (xiii). To escape this state of war, men agree to a social contract . Individuals give up natural rights for protection. Abuse of power is accepted for peace. Rebellion is expected when abuse is severe. Hobbes rejects separation of powers Hobbes believes Monarchy is best form of government The modern day “state of nature” Locke English Philosopher and Political Scientist Took social contract a step further. People were endowed with the right of life, liberty, and property. To keep these rights, they willingly agreed to give power to a governing authority. When government failed to preserve the rights of the people, the people had the right to break the contract. Thus, monarchy may not be the best form of government He influenced the American Declaration of Independence. Locke The Two Treatises of Government by John Locke. Government is necessary because people have not figured out a way to live in groups without conflict. The Second Treatise outlines a theory of political or civil society based on natural rights and contract theory. Montesquieu Lawyer and Political Philosopher The Spirit of Laws was published anonymously by Montesquieu. Montesquieu stressed separation of powers abolition of slavery preservation of civil liberties rule of law idea that politics and laws should reflect the social and geographical character of each particular community. Match the philosopher with the correct statement Hobbes Locke Montesquieu Aristotle One of the First to study government Believed in Separation of Powers in government and Against Slavery One of first to develop Social Contract Theory Believes individuals have natural rights of Life, Liberty and Property Rule of Law It is NOT a LAW…. It IS how democracies gain legitimacy by contract or agreement Means by which states have legitimacy to create laws and penalties Requirements- culpability, public, valid and universal, impartial State’s role- Constitution, independent judiciary, public legislature, civilian police and military Law must reflect will of the people and guarantee civil rights Rule of Law Rights Triumph of individuals over the state Responsibilities Citizens be actively engaged in the democratic process Defines state’s boundaries Citizens consent to laws and agree to follow them Remember- this can change due to interpretation… constitutions and laws can alter rights Government is bound by the law and answers to citizens Work Period Create a flip book about Hobbes, Locke, and Montesquieu. Include the following: Year/Where lived Major Book Major Philosophy Influence on American Government Illustration Rubric 10/9 – Exemplary: includes all major information asked demonstrating an understanding of each philosopher 8/7 – Satisfactory: includes major information, but is missing 1-3 items 6/5 – Needs Improvement: includes some major information, but is missing or has incorrect information for 4 -6 items Below 5 – Unfinished or is missing has incorrect information for 7 + items Declaration of Independence Activity Read The Declaration of Independence Part 1: List similarities to the ideas of the philosophers we have disused in class. Part 2: List evidence that this document is a piece of persuasive writing 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. Magna Carta “limited government” shaped the constitutional government of the U.S. In 1215, King John of England was forced to sign the Magna Carta Magna Carta required King John to proclaim certain rights, respect certain legal procedures, and accept that his will could be bound by the law. Writ of habeas corpus, allowing appeal against unlawful imprisonment. Petition of Right Petition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles I. The Petition of asserted four principles: no taxes may be levied without consent of Parliament no subject may be imprisoned without cause shown habeas no soldiers may be quartered upon the citizenry martial law may not be used in time of peace. English Bill of Rights The English Bill of Rights names certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled. petition the monarch bear arms in defense It also sets out certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament. The Constitution Supreme law of the US Foundation of the legal authority of our FEDERAL system Framework for organization of the US Government Basic Principals Popular Sovereignty- power resides in the people Limited government- it can only do what the people let it Separation of powers- keeps power balanced… checks and balances Federalism- division of power between national and state governments Review Articles of Confederation was weak- no taxes=no military, no separation of powers, unanimous votes to change, 9/13 vote to make a law, no power to regulate trade Compromises- Connecticut Plan, 3/5, Bill of Rights Federalists vs. Antifederalists Structure of the Constitution Preamble= purpose Amendments 27 total Articles (7 total) I. II. III. IV. V. VI. VII. Legislative Executive Judicial State relations Amendment process Federal power ratification 1st 10 = Bill of Rights I Legislative Branch Bicameral= 2 houses Important Powers Senate- 2 per state 2 years Make laws House- population 6 years Set taxes Declare war Override vetoes Borrow money Regulate trade Print money Georgia’s Legislators Currently GA has 14 Representatives We are the 11th District II Executive Branch President and vice president- 4 years Qualifications- 35+ years, 14 year resident of US, natural born citizen Important Powers Commander-in-Chief Pardons Treaties Appoint Federal officers Execution of lawas The Executive Branch III Judicial Branch Supreme Court Judges- lifetime (but can be impeached) Currently 9 Justices Power rests with US Supreme Court and other congressional created courts Important Powers Decides cases of Constitutional law and federal law Cases involving ambassadors go straight to them 1803= Marbury v. Madison= Judicial Review Supreme Court Justices Did you know? Currently the Supreme Court has 3 associate judges: David Souter, John Paul Stephens and Sandra Day O’Conner (the first female Justice). All of them are retired from the Supreme Court. V and VI Amendments 2/3 of House and Senate deem it necessary 2/3 of States deem it necessary Ratifications by ¾ of state legislatures or conventions in ¾ of states 1st 10= Bill of Rights 27 Total (the last one was in 1992) Federal Power Supremacy Clause= Federal law > State law No religious tests for public office Constitution Scavenger Hunt Using the copy of the Constitution in your text book, locate the answers to the questions on the scavenger hunt list. The first group to get 100% correct wins a PRIZE!!!! Project: A CASE OF PLAIGARISM You and a partner will assume the role of prosecutor or defense attorney in a case brought by the estates of Hobbes, Locke, Montesquieu and the authors of the Magna Carta, Petition of Rights and The English Bill of Rights Plaintiff Attorneys 1. Prepare a brief citing 10 specific examples of theories or ideas from the Constitution and link them to documents written by the plaintiffs. ANALYZE them to make a strong argument 2. Write a closing argument to describe how beliefs and ideals affect social, political and economic decisions and why it is important to recognize that. Defense Attorneys 1. Prepare a defense and identify 10 specific similarities between the plaintiff’s documents and the constitution, but ANALYZE them to point out the differences. 2. Prepare an argument and describe how beliefs and ideals affect social, political and economic decision buty why it is not always necessary to document these ideals. Comparing Political Systems Compare and Contrast the following governmental systems. Unitary, Confederal and Federal Unitary, Oligarchic and Democratic Presidential and Parliamentary