Our Founding Principles
Class 4
“As one and the same Nature holds together and supports the
universe, all of whose parts are in harmony with one another, so men
are united in Nature, but by reason of their depravity, they quarrel, not
realizing that they are of one blood and subject to one and the same
protecting power. I this fact were understood, surely man would live
the life of the gods!”
Cicero, quoted in Ebenstein, Great Political Thinkers, p. 133.
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Class Rules
No Politics – Stick to Principles
Use/Identify/Find Facts
Distinguish Belief vs. Truth
Interactive – Learn – Ask - Comment
Class 4 Agenda
Review www.freedom101.us site wrt Class Posts
Finish Natural Law Presentation - Quotes
Finish Democracy vs. Republic Discussion
Break
Federalism – What it is
Federalism – How it is Implemented
Federalism – Founders Quotes
PowerPoint posted at:
www.freedom101.us/category/TELOS1/
Natural Law
• What it is
• How it was implemented
• Definition & Quotes re Natural Law
Dictionary Definitions of NL
Cicero, 106 – 43 B.C., studied law in Rome
and philosophy in Athens, became a
lawyer then a member of the Roman
Consul and was assassinated by Anthony.
“True Law (which he had defined as Natural Law) is right reason in agreement
with nature: it is of universal application, unchanging and ever lasting; it
summons to duty by its commands, and averts from wrongdoing by its
prohibitions. It is a sin to try to alter this law, nor is it allowable to repeal any
part of it, and it is impossible to abolish it entirely. We cannot be freed from its
obligations by senate or people, and we need not look outside ourselves for
an expounder or interpreter of it. And there will not be different laws at Rome
and at Athens, or different laws now and in the future, but one eternal and
unchangeable law will be valid for all nations and all times, and there will be
but one master and ruler, that is God, over us all, for he is the author of this
law, its promulgator, and its enforcing judge. Whoever is disobedient is
fleeing from himself and denying his human nature, and by reason of this very
fact he will suffer the worst punishment.”
Natural Law & our Constitution
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Unalienable rights including:
– Right to self government,
– Right to bear arms,
– Right to own, develop and dispose of property,
– The right to assemble,
– The right to petition,
– The right of free speech & press
– The right to enjoy the fruits of one’s labors,
– The right to contrive and invent,
– The right to privacy,
– The right to provide personal security,
– The right to a fair trial,
– The right of free association,
– The right to contract.
Unalienable Duties, including:
– To not take the life of another except in self-defense,
– To not steal or destroy the property of another,
– To be honest in all transactions with others,
– For parents and to protect, teach, feed, clothe & shelter
children,
– To support law and order and keep the peace,
– To help the helpless,
– To maintain the integrity of the family structure,
– To perpetuate humanity,
– To not promote or participate in the vices which destroy
personal and community life,
– To follow rules of moral rectitude.
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Habeas corpus
Limited government
Separation of powers
Checks and balances
Justice by reparation or
paying of damages
• No Taxation without
Representation
• Justice System
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Anarchy
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Citizens
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Citizens
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Natural Law & Our Constitution
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Unalienable rights that flow from Natural Law, to be protected
by the Local, State & Federal Government:
– Right to self government,
– Right to bear arms,
– Right to own, develop and dispose of property,
– The right to assemble,
– The right to petition,
– The right of free speech & press
– The right to enjoy the fruits of one’s labors,
– The right to contrive and invent,
– The right to privacy,
– The right to provide personal security,
– The right to a fair trial,
– The right of free association,
– The right to contract.
Unalienable Duties that flow from Natural Law of the Citizens, Local
Government and State including:
– To not take the life of another except in self-defense (+Fed),
– To not steal or destroy the property of another (+Fed),
– To be honest in all transactions with others (+Fed),
– For parents and to protect, teach, feed, clothe & shelter
children,
– To support law and order and keep the peace,
– To help the helpless,
– To maintain the integrity of the family structure,
– To perpetuate humanity,
– To not promote or participate in the vices which destroy
personal and community life,
– To follow rules of moral rectitude.
Features Founders Instituted
to Implement Natural Law
• System of Justice
• Separation of powers,
Horizontal and Vertical
• Limited government
• Checks and balances
• Written Constitution
Legal Dictionary Definition of
Federalism
A principle of government that defines the
relationship between the central government at
the national level and its constituent units at the
regional, state, or local levels. Under this
principle of government, power and authority is
allocated between the national and local
governmental units, such that each unit is
delegated a sphere of power and authority only
it can exercise, while other powers must be
shared.
Legal Dictionary Definition of
Federalism, Continued
The term federalism is derived from the Latin root foedus, which means
"formal agreement or covenant." It includes the interrelationships between
the states as well as between the states and the federal government.
Governance in the United States takes place at various levels and branches of
government, which all take part in the decision-making process. From the U.S.
Supreme Court to the smallest local government, a distribution of power
allows all the entities of the system to work separately while still working
together as a nation. Supreme Court justice HUGO L. BLACK wrote that
federalism meant
a proper respect for state functions, a recognition of the fact that the
entire country is made up of a Union of separate State governments, and a
continuance of the belief that the National Government will fare best if
the States and their institutions are left free to perform their separate
functions in their separate ways. (Younger v. Harris, 401 U.S. 37, 91S. Ct.
746, 27 L. Ed. 2d 669 [1971])
The Constitution lists the legislative powers of the federal government.
The Tenth Amendment protects the residual powers of the states: "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."
How Federalism is Implemented
by the Constitution
• Enumerate the Powers of the Federal
Government (Article 1, Section 8)
• Explicitly state that all other powers are
delegated to the States and to the people (9 &
10 Amendments)
• Have Senators elected by State Legislators
(Article 1, Section3, reversed by Amendment
17)
Powers of Congress
The Constitution enumerates the powers of Congress, hence
the Federal Government, and these powers are:
• Tax and borrow money for the Defense and General
Welfare of the United States.
• Regulate Commerce with Foreign Countries,
between States and with Indian Tribes.
• Control Immigration and Bankruptcy Law.
• Coin Money and punish counterfeiting.
• Set up Post Offices and Post Roads.
• Establish Copyright, Patent, and Trademark Law.
• Declare War, maintain an Army and Navy and put
down rebellions.
Congress also has the power to make all laws “Necessary and
Proper” to carry out these powers.
What Our Founders Had to Say About
Federalism
Separation of Powers by Level of Gov
Constitution
Federal Gov.
State Gov.
Local Gov.
Churches
Charities
Citizens
Other Org.
Citizens
Separation of Powers by Level of Gov
Constitution
Federal Gov.
State Gov.
Local Gov.
Churches
Charities
Citizens
Other Org.
Citizens
Life, Liberty and ………????
• The first draft of the Declaration of
Independence listed the unalienable rights as
Life, Liberty and Property.
• They changed Property to “pursuit of
happiness” in because the south considered
slaves to be property.
• They considered “pursuit of happiness” and
property to be synonymous.
• Their idea of property was more than money,
it included family, religion, ideas, hopes, or in
short, the “fruits of one’s labor”.
Founders & Democracy II
• John Quincy Adams:
“The experience of all former ages had shown
that of all human governments, democracy was
the most unstable, fluctuating and short-lived.”
• Benjamin Franklin:
“Democracy is two wolves and a lamb voting on
what to have for lunch. Liberty is a well armed
lamb contesting the vote.”
• James Madison:
“Democracy was the right of the people to
choose their own tyrant.”
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There are many more – go to http://takeourcountrybacksnooper.blogspot.com/2008/12/democracy-v-republic-founding-fathers.html