American Government & Law
Michael Thurston Room 131
UNIT ONE: THE PHILOSOPHICAL AND
HISTORICAL FOUNDATIONS OF AMERICAN
GOVERNMENT & LAW
CHARTING THE UNIT




Utility & Jeremy Bentham
Natural Rights Philosophy & John
Locke
Immanuel Kant’s answer to
Bentham & Locke
Influences on the Constitution








Why the Articles of Confederation
Suck
The Framers and the Framing
The National Debate


Ancient World (Aristotle)
England
Colonies
Declaration of Independence
State Constitutions
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)
2)
3)
4)
5)
6)
Upon arrival would there be any
government or laws?
Would anyone have the right to
govern?
Would you have any rights? If
so, what?
What might stronger or smarter
people try to do?
What would the weaker or lesssmart try to do?
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?
KANT’S CONCEPTION OF
FREEDOM
 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
IMMANUEL KANT
KANT’S CONCEPTION OF
MORALITY




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. INCLINATION
1)
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.”


“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.”


Alexander Hamilton
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
Michael Thurston
Winslow High School
WRITING PAPERS
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…Enlighte
nment…Colonies…Declar
ation 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 contract
3. Popular sovereignty
4. Representation & the
right to vote
5. Legislative supremacy
6. Checks & balances
Massachusetts is a little
different

THE ARTICLES OF CONFEDERATION
A STUDY OF FAILURE


If the Founders were so
bright…
Two problems influenced
the document:
1.
2.
Fear of a strong national
government
Fear that some states
would dominate others
THE WAKE UP CALL

Shay’s Rebellion
SAY SOMETHING NICE

What were the
achievements??
1.
2.
3.
4.
TIME FOR A CHANGE
Winning a revolution
European diplomacy
Northwest ordinance
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.”