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Philosophical Origins of Democracy
Ancient Greece
Rome
Magna Carta, Iroquois Constitution, etc.
John Locke’s Influence on the Constitution
“Law of Nature” that all humanity have in common.
Golden Rule: No one ought to harm another in his life, health, liberty, or possessions.
LEGITIMATE government only exists if people give their CONSENT.
Government COULD give some guarantees of life, liberty and property = Natural Rights of humans.
John Locke’s Influence on the US Constitution
Government based on natural rights.
CIVIL RIGHTS
POLITICAL RIGHTS
SOCIAL CONTRACTEQUAL PROTECTION!
Locke’s Influence on Thomas Jefferson
Purpose of government is to protect natural rights. (Declaration of Independence)
Ways of giving consent:Explicit
Implicit
Fundamental Law
Right of Revolution
How to Guarantee Respect for Fundamental Law?
Checks and Balances system.
Example: The President can ask for a declaration of war – but Congress has to choose to give it.
The President has to ask for it before Congress can create it.
Alternatives for government
Democracy (town hall model)
Republic governmentExamples of city-states in Italy and Cantons in Switzerland.
Why Classical Republicanism as a Model?
Goals were for the common good:
Promote civic virtue (public spiritedness)
Moral education (this class)
Small communities Would only work in small populations with no diversity.
Natural Rights v. Classical Republicanism
Stressed the rights of the individual of life, liberty and property
Right to individuality
Right to believe
Stressed promoting the common good above the rights of individuals.
Need for conformity
Uniform religion
Baron de Montesquieu
Advocated a divided and balanced power of government.
British Influences on the US Constitution
Magna Carta (1215) was a contract forced on King John. The tenets include:
Govt. based on rule of law.
Basic rights govt. can’t deny.
Govt. based on contract between ruled and ruler
The English Bill of Rights
Result of The Glorious Revolution in 1688.
Rule of law
Parliamentary supremacy
Government by contract and consent
Now to America ….
The Mayflower Compact:
Covenant – social charter to create an assembly to make decisions.
Return to nature in Locke’s theory.
The Fundamental Orders of Connecticut
Created 1735 as first real US Constitution
Fundamental rights
Rule of law
Separation of powersExecutive branch (governor)
Legislative branch
Judicial branch (magistrates)
Example of Checks and Balances in Connecticut
Governor appointed by king, but couldn’t collect taxes w/o consent of legislature, or imprison w/o trial by a magistrate, or set salary for themselves.
Legislature relied on governor to enforce laws they passed or the veto power on the governor.
Judges appointed by gov./ could be removed by legislature.
So Where Did We Differ From England?
SUFFRAGE – the right to vote.
Any MAN who owned 50 acres could vote.
Did NOT include slaves, Native Americans or women.
American Revolution led to creating a constitution
Two plans to choose from:
Virginia Plan
New Jersey Plan
The Virginia Plan
Proposed a strong national government.National govt. would have power to make and enforce its own laws and to collect its own taxes.Citizens under two authorities: State and Federal
The Virginia Plan
Three branches would make up government: Executive, legislative and judicial.
Proportional representation based on population.
The New Jersey Plan
Equal representation!
Little power to federal government. Wanted to keep the Articles of Confederation.