How does government secure natural rights?

Lesson 2We the People

Objectives

• Identify the concepts of constitutional government.

• Explain the essential characteristics of constitutional government and how it differs from other forms of government.

• Describe how the Founding Fathers fear over the abuse of power led them to establish a constitutional government.

Terms to KnowUsing pages 7-12 of the textbook, 1. define the following terms (best grade of C):2. Use the word or concept in a complete sentence (best

grade of B or better):

• Checks and balances• Common good• Constitution• Constitutional government• Explicit consent• Democracy

• Equal protections• Higher law• Limited government• Republic• Separation of powers

ESL students define only the terms in RED

Critical Thinking

• We are all dissatisfied with living in an unsafe state of nature where others can take advantage of us.

• So we agree to create a social contract and form a government that will protect our natural rights.

• What kind of government will we create?

Critical Thinking

• What authority, or powers, might we permit our government to have so that the rights of everyone are protected?

• How will the people we select to run our government know how to do so?

• How might we protect ourselves from this government if they violate our rights?

Critical Thinking

In a small group, answer the following:1. What is the main purpose of government?2. How should government receive the authority

or right to make laws telling people what they can and cannot do?

3. What should the people have the right to do if their government does not serve the purposes for which it was created? Why should they have this right?

What Locke would say:

1. The main purpose of government is to protect natural rights.

2. Government gets the right to govern through the consent of the people.

3. If a government fails to protect the rights of its people, the people have the right of revolution. Are there easier alternatives…?

We express our consent everyday

• 1787 we ratified the Constitution• Immigrants move here for a better life and

become Naturalized citizens• We choose to live here after birth and obey its

laws• We pledge the flag• Vote in elections• Serve in the military and/or perform community

service

Constitutional government

• Limited governments have established and respected restraints on their powers.– For example, laws and free and frequent elections

• Unlimited government is the opposite where those who govern are free to use their power anyway they see fit. There are NO laws or elections for those that govern.– For example, tyrants, dictators, and totalitarian

rulers

Constitutional government

• In a constitutional government, the powers of the person or group controlling the government are limited by a set of laws and customs called a constitution.

• Having a constitution that does not limit political power is not a constitutional government .

• A constitutional government must be obeyed by everyone, including those in power.

A constitution = higher law

List the characteristics of a constitution:1. Names basic rights (life, liberty & property)2. Declares that government must protect these

rights3. Limits the power of the government over its

citizens4. These laws can only be changed by the

widespread consent of its people

Structure of the US Constitution

• Simple and brief• 7,000 words• Divided into three parts:– Preamble (introduction)– The Articles (provides the structure & rules)– The Amendments (protect our natural rights and

reflect our changing world)• Amendments 1-10 are called the Bill of Rights which

limit the power of the government

The Preamble

• Answers why the constitution was written.• Identified six goals.– To form a perfect Union, establish Justice, insure

domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty.

• Wanted a government that provides stability and order, protects citizens’ liberties, and serves the people.

Seven Articles

• Articles I, II, and III create the three branches of government

• Article IV explains the relationship of the states to one another and to the national government

• Article V describes how to amend the Constitution• Article VI contains the supremacy clause which

makes the Constitution and laws passed by Congress as the “supreme law of the land”

• Article VII simply states that the Constitution will take effect after 9 of the 13 states ratify it.

The Amendments

• Amendments are changes• There are 27 currently• The Bill of Rights limit the power of the

government• This process allows the government to

respond to the changing needs of the nation

Major Principles of the Constitution

• The US is both a republic and a democracy• Republic: a government in which supreme

power rests with the people and is exercised by elected officers and representatives responsible for upholding the common good of society.

• Democracy: government by the people; especially : rule of the majority

Major Principles of the ConstitutionFederalism (Federal System)

divides power between the state governments and the national

government.

State Government

The General Assembly

(legislative)

TThe Pennsylvania House of

Representatives

The Pennsylvania Senate

The Governor(executive)

The Pennsylvania Court System

(judicial)

Federal (national) Government

Congress(legislative)

The U.S. House of Representatives The U.S. Senate

The President(executive)

The Federal Court System

(judicial)

Major Principles of the Constitution

Separation of Powers• To prevent our government from abusing its

power, the Founders created a system of distributed and shared powers between our three branches of national government.

• Executive, legislative, and judicial• Each branch has primary responsibility for

certain functions, but also shares these functions and powers with other branches.

Major Principles of the Constitution

Checks & Balances System• This long, slow process to

get things done often appears inefficient; however, the Framers planned this to be an advantage.

• This system prevents one branch from abusing another and when a decision is made, it is often the best one for the country.

Major Principles of the Constitution

• Judicial review– Federal courts have the power to declare laws and

actions of local, state, or national governments invalid if they violate the Constitution.

– The Supreme Court is the final authority.

Major Principles of the Constitution

• Limited government: NO one is above the LAW!

The Constitution spells out four paths for an amendment:

• Proposal by convention of states, ratification by state conventions (never used)

• Proposal by convention of states, ratification by state legislatures (never used)

• Proposal by Congress, ratification by state conventions (used once)• Proposal by Congress, ratification by state legislatures (used all other

times)