THEORIES AND ORIGINS OF GOVERNMENT OBJECTIVE Students will be able to identify the theories and origins of American Government WHAT IS GOVERNMENT? The system that sets up and enforces a society’s laws and institutions. Some governments are controlled by a few people, some are controlled by many. FOUR MAIN FUNCTIONS OF GOVERNMENT 1. Maintain SOCIAL ORDER 2. Provide PUBLIC SERVICES 3. Provide for NATIONAL SECURITY and a COMMON DEFENSE 4. Provide the basis for an ECONOMIC SYSTEM (i.e., capitalism, socialism, communism) I. THEORIES OF GOVERNMENT Evolution Theory • A population formed out of primitive families. The heads of these families became the government. When these families settled in one territory and claimed it as their own, they became a sovereign state. Force Theory • An individual or group claimed control over a territory and forced the population to submit. In this way, the state became sovereign, and those in control formed a government. THEORIES OF GOVERNMENT Divine Right Theory • God created the state, making it sovereign. The government is made up of those chosen by God to rule a certain territory. The population must obey their ruler. Social Contract Theory • A population in a given territory gave up as much power to a government as needed to promote the well-being of all. In doing so, they created a sovereign state. THEORIES OF GOVERNMENT Problems With Evolution Theory 1. Considers citizens as children; paternalistic approach. 2. Dissent is disobedience to the “fatherland.” Problems With Force Theory 1. Rewards the biggest gun, most brutal, most aggressive people at the expense of the weak. 2. Dissent is crushed. THEORIES OF GOVERNMENT Problems With Divine Right Theory 1. Requires citizens to be submissive. 2. Dissent is considered a sin against God. 3. Creates a class society. Problems With Social Contract Theory 1. Who controls the terms of the contract? 2. Who controls the government? 3. Who exactly are, “The People”? SO, WHAT KIND OF GOVERNMENT DO WE HAVE IN THE U.S. TODAY? ENGLISH ORIGINS OF AMERICAN GOVERNMENT The Magna Carta (1215) -King John is forced to sign by barons -Included guarantees of such fundamental rights as trial by jury and due process of law -Protection against absolute power ENGLISH ORIGINS OF AMERICAN GOVERNMENT The Petition of Right (1628) -King Charles I signed, by force of the Parliament -Limited king’s power - May not impose martial law - Can not force quartering - Punish only by laws of the land - Questioned Divine Right Precursor to the U.S. Bill of Rights!! ENGLISH GOVERNMENT – PARLIAMENT ARRIVES Parliament was a council of nobility created to advise the monarch. History of hostility between parliament and monarch. Parliament = House of Lords + House of Commons House of Lords- nobility House of Commons - wealthy and people of standing in community-knights, merchants, craftsmen. ENGLISH ORIGINS OF AMERICAN GOVERNMENT The English Bill of Rights (1689) -Signed by William and Mary of Orange during the Glorious Revolution -Prohibited a standing army in peace time -Required free parliamentary elections Precursor to the U.S. Bill of Rights!! JOHN LOCKE, 1632-1704 JOHN LOCKE’S NATURAL RIGHTS PHILOSOPHY Took Thomas Hobbes’ Social Contract Theory a step further: 1. People have Natural Rights from birth, by nature of being human. 2. Life, Liberty and Property are key rights. 3. To preserve their rights, people contract to give power to government. 4. When government fails to preserve these rights people have a duty to break the contract-consent of the governed. JOHN LOCKE’S NATURAL RIGHTS PHILOSOPHY 5. By contract, people surrender to the state the power needed to maintain the social order and the government agrees to protect its citizens. 6. People need government to maintain social order because they haven’t found a way to live in groups without conflict. OTHER INFLUENCES ON FORMATION OF U.S. GOVERNMENT Baron de Montesquieu-French philosopher 1748: 1. Best form of government-one elected by the people. 2. Power should be balanced among three groups-the separation of powers principle. 3. Foundation for development of 3 branches of government. 4. There is no liberty of law making and law enforcing powers are united in the same person. MONTESQUIEU (CONT.) 5. He believed all people were not equal. Approved of slavery. Believed women were weaker than men and must obey their husband. Yet, he believed women could govern, i.e., be a Queen. Another influence: The moral and ethical ideals from Judeo-Christian tradition: Question: What does this mean?