Origins of the Constitution
Origins of the Constitution
The pen is mightier than the sword...unless it has been sharpened to a The pen is mightier than the sword...unless it has been sharpened to a fine point, dipped in deadly poison and is thrown from 10 feet away....fine point, dipped in deadly poison and is thrown from 10 feet away....
Document: Magna CartaDocument: Magna Carta
Principles:
Property cannot be taken away w/out consent of owner
no taxes levied w/out consent of Parliament
No “freeman...imprisoned w/out...judgement of his peers”
Advice from common council
Protection against loss of life, liberty, property
Principles:
Property cannot be taken away w/out consent of owner
no taxes levied w/out consent of Parliament
No “freeman...imprisoned w/out...judgement of his peers”
Advice from common council
Protection against loss of life, liberty, property
Location:
5th Amend
Article I Section 8
6th Amendment
Article II
5th Amendment
Location:
5th Amend
Article I Section 8
6th Amendment
Article II
5th Amendment
Document: English Bill of Rights 1689Document: English Bill of Rights 1689
Principles:
Taxes only raised with consent of Parliament
Can’t imprison people w/out just cause (habeas corpus)
Can’t house troops in private homes w/out permission of the owner
Trial of your peers
Principles:
Taxes only raised with consent of Parliament
Can’t imprison people w/out just cause (habeas corpus)
Can’t house troops in private homes w/out permission of the owner
Trial of your peers
Location:
Art. I Sec 8
Article I Section 9
3rd Amendment
6th Amendment
Location:
Art. I Sec 8
Article I Section 9
3rd Amendment
6th Amendment
Document: VA Declaration of Rights Document: VA Declaration of Rights
Principles:
Separation of gov’t into 3 branches
Right to demand cause and nature of accusations
No deprivation of life or liberty except by judgement of peers
Speedy trial
habeas corpus
Freedom of Religion/Press
Principles:
Separation of gov’t into 3 branches
Right to demand cause and nature of accusations
No deprivation of life or liberty except by judgement of peers
Speedy trial
habeas corpus
Freedom of Religion/Press
Location:
Arts I, II, and III
6th Amendment
5th/6th Amendments
6th Amendment
Art I Sec 9
1st Amend
Location:
Arts I, II, and III
6th Amendment
5th/6th Amendments
6th Amendment
Art I Sec 9
1st Amend
Document: VA Declaration of Rights continued Document: VA Declaration of Rights continued
Principles:
No unreasonable search and seizure
No cruel and unusual punishment
No excessive bail or fines
Right to assemble, petition, freedoms of speech/press
Right to bear arms, militia
No double jeopardy
Principles:
No unreasonable search and seizure
No cruel and unusual punishment
No excessive bail or fines
Right to assemble, petition, freedoms of speech/press
Right to bear arms, militia
No double jeopardy
Location:
4th Amend
8th Amend
8th Amend
1st Amend
2nd Amend.
5th Amend
Location:
4th Amend
8th Amend
8th Amend
1st Amend
2nd Amend.
5th Amend
Gov’t Structure: British Common Law Gov’t Structure: British Common Law
Principles:
Common Law- body of principles relating to gov’t whose authority is derived from usage or custom
Statutory Laws- laws enacted by a legislative body affirming the common law practice
Principles:
Common Law- body of principles relating to gov’t whose authority is derived from usage or custom
Statutory Laws- laws enacted by a legislative body affirming the common law practice
Location:
Stare decisis- “let the decision stand” - concept of legal precedent
US Code - public laws that originate as legislation passed by the Congress
Location:
Stare decisis- “let the decision stand” - concept of legal precedent
US Code - public laws that originate as legislation passed by the Congress
Henry II 1154Henry II 1154
Gov’t Structure: American Colonial GovtGov’t Structure: American Colonial Govt
Principles:
Representative govt
Written constitutions
Separation of powers b/w gov’nor and legislature
Principles:
Representative govt
Written constitutions
Separation of powers b/w gov’nor and legislature
Location:
Art I
Hello...?!?
Arts. I, II, and III
Location:
Art I
Hello...?!?
Arts. I, II, and III
Charter of Virginia Company of LondonCharter of Virginia Company of LondonRoyal ColonyRoyal ColonyProprietary CharterProprietary Charter
Constitutional UnderpinningsConstitutional Underpinnings
The philosophers...The philosophers...
Aristotle: 384-322 BCEAristotle: 384-322 BCE
Govt Under: democracy, Athens
Nature of Man: man is by nature a “political animal” (an animal who’s nature is to live in a polis, not isolated); man is linked together in a social context
Necessity of Govt: to help members of society live a virtuous life
Element of Gov’t
polity: blend ideas of oligarchy and democracy
Ruling consists of activities belonging to different social groups
Main Contribution: idea of rule of law, constitution
Govt Under: democracy, Athens
Nature of Man: man is by nature a “political animal” (an animal who’s nature is to live in a polis, not isolated); man is linked together in a social context
Necessity of Govt: to help members of society live a virtuous life
Element of Gov’t
polity: blend ideas of oligarchy and democracy
Ruling consists of activities belonging to different social groups
Main Contribution: idea of rule of law, constitution
PoliticsPolitics
Thomas Hobbes: 1588-1679Thomas Hobbes: 1588-1679
Govt Under: limited monarchy, England
Nature of Man: man is greedy and selfish
Necessity of Govt: to keep order, avoid chaos
Element of Gov’t
authoritarian is best- need strong central govt to maintain security and equality
social contract idea- people give up personal rights to be protected by the ruler
Main Contribution: idea of social contract
Govt Under: limited monarchy, England
Nature of Man: man is greedy and selfish
Necessity of Govt: to keep order, avoid chaos
Element of Gov’t
authoritarian is best- need strong central govt to maintain security and equality
social contract idea- people give up personal rights to be protected by the ruler
Main Contribution: idea of social contract
LeviathanLeviathan
John Locke: 1632-1704John Locke: 1632-1704
Govt Under: limited monarchy, England
Nature of Man: man is made god or evil by the environment they are in
Necessity of Govt: to protect the “natural rights” of the citizen (life, liberty, and property)
Element of Gov’t
consent of governed/power from the people
social contract idea- give up some freedom for protection of natural rights
right to overthrow/limit the govt
Main Contribution: idea of limited govt, declaration, Constitution and 14th Amendment
Govt Under: limited monarchy, England
Nature of Man: man is made god or evil by the environment they are in
Necessity of Govt: to protect the “natural rights” of the citizen (life, liberty, and property)
Element of Gov’t
consent of governed/power from the people
social contract idea- give up some freedom for protection of natural rights
right to overthrow/limit the govt
Main Contribution: idea of limited govt, declaration, Constitution and 14th Amendment
Two Treatises on GovtTwo Treatises on Govt
Baron de Montesquieu: 1680-1775Baron de Montesquieu: 1680-1775
Govt Under: absolute monarchy in France
Nature of Man: man is influenced by environment, corrupted if too rich or too poor. Common man not capable of govt
Necessity of Govt: to protect the people
Element of Gov’t- limited monarchy
separation of power in govt
3 autonomous branches of govt
coined term “checks and balances”
Main Contribution: basic structure of our govt in Constitution
Govt Under: absolute monarchy in France
Nature of Man: man is influenced by environment, corrupted if too rich or too poor. Common man not capable of govt
Necessity of Govt: to protect the people
Element of Gov’t- limited monarchy
separation of power in govt
3 autonomous branches of govt
coined term “checks and balances”
Main Contribution: basic structure of our govt in Constitution
Spirit of the LawsSpirit of the Laws
Jean Jacques Rousseau: 1712-1778Jean Jacques Rousseau: 1712-1778
Govt Under: monarchy in France
Nature of Man: good at birth, corrupted by society
Necessity of Govt: to keep order, get rid of inequality
Element of Gov’t- direct democracy
social contract - people contact w/ each other not a ruler
surrender individual will to the general will of the people
supreme authority rest w general will (maj. decision)
govt is agent of people so people can revolt
Main Contribution: majority decision making, revolution, power from the people (consent of the governed), all people are equal, strong influence on French Revolution
Govt Under: monarchy in France
Nature of Man: good at birth, corrupted by society
Necessity of Govt: to keep order, get rid of inequality
Element of Gov’t- direct democracy
social contract - people contact w/ each other not a ruler
surrender individual will to the general will of the people
supreme authority rest w general will (maj. decision)
govt is agent of people so people can revolt
Main Contribution: majority decision making, revolution, power from the people (consent of the governed), all people are equal, strong influence on French Revolution
Social ContractSocial Contract
