Competition Prep Mr. Driscoll
STATE HEARING QUESTIONS 2009 – 2010
Unit One: What Are the Philosophical and Historical Foundations of the
American Political System?
1. What are the major differences between classical republicanism and natural rights
philosophy?
Classical Republicanism: The ideals and practices of ancient Greek or Roman city-states that
emphasized civic participation and the responsibility of citizens for the well-being of their polity, or
country. Acts by citizens that placed the public good, or common welfare, above private interest
were especially prized.
Natural Rights: The doctrine that people have basic rights, such as those to life, liberty, and
property in a state of nature. Some writers, especially those influencing the American Founders,
argued that certain of these rights are inalienable-inherent in being human-and that people create
governments to protect those rights.
Classical Republicanism
What is the
primary goal of
humans living
together?
Natural Rights Philosophy
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Promote the common good
Exercise civic virtue
Achieve human “excellence”
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Ensure protection of life, liberty, and
property
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Putting community interest
ahead of individual interests
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Self-interest
Pursuing opportunities
What is the
relationship
between the
public sphere
and the private
sphere?
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Public sphere most important
Need to limit individual privacy,
belief, expression, and
opportunities to consider
thoughts or ideas incompatible
with common good
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Public sphere a collection of private
individuals and interests
No limits on acquisition
Government must be limited
Public sphere as small as possible
How important
is participation
in civic
activities?

All citizens should participate
fully in community to promote
common good
Civic virtue related to office
holding and other contributions
to well-being of community
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What ought to
motivate human
behavior?
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Deciding whether to participate in
community or government is up to the
individual
Competition Prep Mr. Driscoll
 How might those differences affect thinking about the purposes and goals of government?
Classical Republicanism:
 Serve the community
 Promote the common good
 Welfare / Health Insurance / Social Security / Education / Fire & Police / National Defense
Natural Rights Philosophy:
 Protect Individual Rights
 1st Amendment Freedoms
 Free Markets
 What might the consequences be for individuals and society of placing too great an
emphasis on the common good over the rights of individuals?
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People can lose their rights (Universal Health Care / Patriot Act)
Gives Gov’t too much power
 Of emphasizing the rights of individuals over the common good?
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Takes away from community / social life
People could violate others; rights
Equality is not as common
Sources to Consider…
 WTP Text
 Index Terms: Age of Enlightenment, Basic Rights, Cincinnatus, Civic Virtue, Classical
Republicanism, Common Good, John Locke, Natural Rights Philosophy
 Professor Corrado’s Lecture Notes
 Aristotle's Politics
Aristotle's work on such topics as the political community, economics, property rights,
citizenship, leadership, constitutions and the ideal state.
http://classics.mit.edu/Aristotle/politics.html
 Cicero-De Republica 54-51BC
Cicero's work on his theories of constitutions and citizenship.
http://assets.cambridge.org/97805214/53448/sample/9780521453448wsc00.pdf
 De Officiis (On Moral Duties), by Marcus Tullius Cicero
Cicero's De Officiis is a profound meditation on morality and moral duty, including moral
principles as applied to public life. The book has deeply influenced Western civilization since
its writing in 44 BC. De Officiis was so influential that when the printing press was invented,
it was the second book to be printed after the Bible.
http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=542&Itemid=
27
 Locke's Two Treatises
The Two Treatises of Government was published anonymously in 1689 by John Locke. The
Competition Prep Mr. Driscoll
First Treatise attacks the patriotic state, and the Second Treatise outlines his thoughts on
civic society based on natural rights and contract theory.
http://www.lonang.com/exlibris/locke/\
 Montesquieu-Spirit of the Laws
In this political treatise Montesquieu advocates constitutionalism and the separation of
powers, the abolition of slavery, the preservation of civil liberties and the rule of law, and the
idea that political and legal institutions ought to reflect the social and geographical character
of each particular community. http://www.constitution.org/cm/sol.htm

2. Three principles were contained in the Magna Carta: the rule of law, basic
rights, and government by agreement or contract. How and why did those
principles prove to be important in the development of constitutional
government?
Magna Carta: Also known as the Great Charter, King John of England agreed to this document in
1215 at the demand of his barons. The Magna Carta granted certain civil rights and liberties to
English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee
against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed
for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the
king, who agreed that his will could be bounded by law, and became a landmark in the history of
constitutional government.
Rule of Law: The principle that both those who govern and those who are governed must obey the
law and are subject to the same laws. This principle is contrasted to the "rule of men," in which
those in power make up the rules as they please. The rule of law requires an independent judiciary
that is immune from political or other manipulation.
Basic Rights: From pg 29…” The barons made Kind John promise to respect the “ancient liberties and
free customs” of the land. The barons did not believe that they were making any drastic change in the
position or power of the king. Their goal was to establish a way to secure redress of grievances, or
compensation for a loss or wrong done to them, should the Crown infringe on their common law rights.
Social Contract: Presumption of an imaginary or actual agreement among people to set up a
government and obey its laws. The theory was developed by the English natural rights philosopher
John Locke, among others, to explain the origin of legitimate government.
Constitutional Government: Limited government; the rule of law. A form of government in which a
written, unwritten, or partly written constitution serves as a higher or fundamental law that
everyone, including those in power, must obey. The rule of law is an essential feature of
constitutional government.
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American constitutionalism adopted these principles from British Gov’t
Provided Founders w/ a frame of reference
Competition Prep Mr. Driscoll
 What is the relationship, if any, between the rule of law and limited government?
Limited Government: In natural rights philosophy, a system restricted to protecting natural rights
that does not interfere with other aspects of life. More generally, limited government is
constitutional government governed by the rule of law. Written or unwritten constitutions are used
to empower and limit government.
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Rule of law inherently limits government / takes away powers of government
Without limited government, natural tights could be taken away
 What is the relationship, if any, between the idea of government by agreement or contract
and basic rights?

According to contract, govt must protect natural right. So if govt violates rights,
people have right to revolution
Sources to Consider
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WTP Text Index: Terms Above
“English Translation of Magna Carta
English translation of Magna Carta
http://www.constitution.org/eng/magnacar.htm
English Bill of Rights 1689
Act passed by the British Parliament in 1689 enumerating rights of British
Subjects and residents. It guarantees the right to petition the monarch, bear arms
for defense and outlines some requirements for the monarch to seek consent of
the people through Parliament. http://www.constitution.org/bor/eng_bor.htm
Habeas Corpus Act
The Habeas Corpus Act 1679 is an act of the English Parliament defining and
strengthening habeas corpus, whereby persons unlawfully detained can be
ordered to be prosecuted before a court of law.
http://www.constitution.org/eng/habcorpa.htm
Leviathan, by Thomas Hobbes
Leviathan argues that humans without government live in a "state of nature,"
which is a "state of war" against all. Life in such conditions is "solitary, poore,
nasty brutish, and short." Thus in a state of nature, all fear violent death; and
violent death is what people fear most. To avoid violent death, they agree to set up
a state with strict authority and the power to protect life. People agree to leave
this state of nature through "social contract" and to give all power to the
Leviathan state, which Hobbes characterized as a "mortal god." Hobbes was
accused of atheism for the views he expressed in Leviathan, where Hobbes
pilloried various theological ideas. The English Parliament asserted that Leviathan
Competition Prep Mr. Driscoll
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helped cause the plague of 1665 and the Great Fire of 1666. The book was placed
on the Index of Forbidden Books by the Catholic Church because it undermined
the theory of divine right of kings.
http://ebooks.adelaide.edu.au/h/hobbes/thomas/h68l/
Montesquieu-Spirit of the Laws
In this political treatise Montesquieu advocates constitutionalism and the
separation of powers, the abolition of slavery, the preservation of civil liberties
and the rule of law, and the idea that political and legal institutions ought to
reflect the social and geographical character of each particular community.
http://www.constitution.org/cm/sol.htm
The Petition of Right 1628
The Petition of Right 1628. http://www.constitution.org/eng/petright.htm
The Social Contract, Or Principles of Political Right (1762) by Jean Jacques
Rousseau
In this book, Rousseau examines the nature of legitimate authority and political
community with regard to man's natural place in the state of nature.
http://www.constitution.org/jjr/socon.htm
3. Evaluate the arguments the American colonists made against British policies of 1763–1776.
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Colonists wanted representation in Parliament or you can’t govern over us
“No taxation w/o representation”
Native relations
Why did the colonists finally decide to declare independence?
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Central gov’t in England did no protect colonists rights
What were the main ideas and arguments of the Declaration of Independence.
Sources to Consider
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Declaration of Independence
The following link provides historical and context as well as an in-depth explanation of the
Declaration of Independence’ principles. http://www.founding.com/the_declaration_of_i/
Boston Port Act
Act passed by Parliament in response to the Boston Tea Party stopping all trading in and out of
Boston Harbor. http://avalon.law.yale.edu/18th_century/boston_port_act.asp
Articles of Association 1774
Drafted in 1774 to create an alliance for the purpose of implementing a trade boycott against
Britain without severing allegiance to the crown.
http://avalon.law.yale.edu/18th_century/contcong_10-20-74.asp
Competition Prep Mr. Driscoll
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Association of the Sons of Liberty of New York, 1773
Organization of American colonists formed in 1765 to oppose the Stamp Act. The name was
taken from a speech by Isaac Barr? in the British Parliament that referred to American
colonials who opposed unjust British measures as "sons of liberty." The group agitated for
colonial resistance and helped prevent enforcement of the Stamp Act. After the act's repeal,
the organization continued to oppose British measures against the colonists.
http://avalon.law.yale.edu/18th_century/assoc_sons_ny_1773.asp
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Circular Letter of the Boston Committee of Correspondence
This letter was in response to the Port Act, which closed all trade in and out of Boston Harbor in
response to the Boston Tea Party. http://avalon.law.yale.edu/18th_century/circ_let_boston_1774.asp
Declaratory Act of 1766
The Declaratory Act was an act of the British Parliament in 1766, stating that Parliament had the
right to make laws for the colonies in all matters.
http://avalon.law.yale.edu/18th_century/declaratory_act_1766.asp
James Otis, The Rights of the British Colonies Asserted and Proved
Otis was vehemently opposed to the Stamp Act and wrote a pamphlet entitled The Rights of the
British Colonies Asserted and Proved. In this pamphlet, Otis denied any fundamental difference
between internal and external taxes. http://presspubs.uchicago.edu/founders/documents/v1ch13s4.html
Olive Branch Petition
Document attempting to reconcile with King George, stating that the colonists were merely seeking
to regulate taxes and trade with Great Britain.
http://www.constitution.org/primarysources/olive.html
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Proclamation Act 1763
The purpose of the proclamation was to organize Great Britain's new North American
empire after the French and Indian War and to stabilize relations with the Native Americans
through regulation of trade, settlement, and land purchases on the western frontier.
http://www.ushistory.org/declaration/related/proc63.htm
Quartering Act of 1765
This act, passed by the British Parliament, required colonists to house and provide food for
British soldiers http://avalon.law.yale.edu/18th_century/quartering_act_165.asp
Quartering Act of 1774
This act, amended the Quartering Act of 1765 and was part of the group of Acts known as the
Intolerable Acts. http://avalon.law.yale.edu/18th_century/quartering_act_1774.asp
Resolutions of Continental Congress 1765
This document, addressed to the King of England, spells out what rights that the writers
believed that the colonists had as subjects of Great Britain.
http://avalon.law.yale.edu/18th_century/resolu65.asp
Stamp Act of 1765
The Stamp Act of 1765 was a tax imposed by the British Parliament on the American
Colonists requiring that many printed materials in the colonies carry a tax stamp.
http://avalon.law.yale.edu/18th_century/stamp_act_1765.asp
Thomas Paine-Common Sense
Common Sense was a pamphlet, written anonymously by Thomas Paine, giving arguments
for American independence from Britain.
http://www.earlyamerica.com/earlyamerica/milestones/commonsense/text.html