origins of the constitution the pen is mightier than the sword...unless it has been sharpened to a...
TRANSCRIPT
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
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