 The main idea is to empower you with the background to make rational decisions about how you are governed.  For instance, can the school search you?

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Presentation transcript:

 The main idea is to empower you with the background to make rational decisions about how you are governed.  For instance, can the school search you?  Why or why not?  If you can’t articulate the reasons, you need more background.  That is my job, and yours.  If the idea of being empowered in order to be a contributing member of our representative democracy is attractive to you, let’s get started!

 Some characteristics of colonial America were…  Big  Diverse  Far away  Reasons for settlement were different  Slavery, indentured servitude, both common  Constitutional government and culture were both effected by these characteristics

 Who are the Founders anyway?  They learned about government by reading history and philosophy and from their own experiences.  Classical Greek and Rome.  Philosophers and political commentators like Aristotle, Cicero, Thomas Hobbes, John Locke, William Blackstone, Protestant theology.  150 years of being left on their own…  It is impossible to overstate the importance of this 150 years of neglect on the gathering of political and judicial experience on the people of America.

 There were two main traditions that the Founders drew on to create their new government.  One tradition found especially in Classical Greece, was that one main purpose of government was to help people learn about and perform their civic and moral duties.**  Greek and Roman history also taught that democracies eventually lead to class warfare.  That, in turn, leads to tyranny. How?

 The other main tradition is called the Natural Rights Philosophy.  The main theorist was John Locke.**  He taught that people possess the natural rights of life, liberty, and estate.**  He also believed that people agreed to form a society and create a government to protect their rights.  The British had shown that a Monarchy could be tamed to respect the natural rights. (you need to be able to say how this happened over English history)

 The American colonies had shown that when there is abuse of power, even by a world power, they would resist.  From American documentary history it is clear that the Founders had learned two important lessons…  One, that government should be the servant and not the master of the people.  Two, that a fundamental or higher law, a constitution, should limit government.

 When the Founders settled in to form a new government they had many examples to choose from.  The most immediate was a monarchy.  They were dissatisfied with the British monarchy.  Aristotle, the Greek philosopher, provided guidance.  To start with, he said that governments all exercise three functions.  Deliberative-to decide what public policy should be  Executive-to carry out public policy.  Interpretive-to interpret and apply the law.

 We call these Aristotelian functions-legislative, executive, and judicial.**  Next, Aristotle divided government into three main types.  Rule by the one.  Rule by the few.  Rule by the many. Now, how are these ideas blended into our system?

 Last, for our purposes, Aristotle classified these governments into right and corrupt forms.  Rule of One-Right form Monarchy, Corrupt form Tyranny.  Rule of Few-Right form Aristocracy, Corrupt form Oligarchy.  Rule of Many-Polity(mixed constitution), Corrupt form Direct Democracy.  (Don’t panic our form is Representative Democracy)

 Aristotle thought that in a direct democracy, the poor would use the laws to seize the property of the rich.  This would set off class conflict.  So, rule by those of moderate means-not rich or poor- would produce the most stable government.  These people have the best chance to rule by reason and not by self-interest.  So, to achieve this, a government which mixes these groups has the best chance of success.

 Polybius the Greek historian thought that a government that included all the groups-monarchy, aristocracy, democratic (poor) would work the best.  Cicero, the Roman statesman, adopted this idea and it had great influence through subsequent history.  The Baron de Montesquieu thought the British had the best example of a mixed government.  What did he mean?  Limited monarch, Parliament representing the other two classes. House of Lords, House of Commons.

 Colonial legislatures (forced self-government) and Parliament were representative democracies.  These are often called Republics.  from res publica, or property of the people*  After 287 BC, the Roman Republic had an unwritten constitution featuring mixed government in which almost all classes of people and tribes were represented.  The Founders rejected direct democracy on the advice of their sources and chose a Republic based on the rule of law.*

 Be able to define and describe a constitution.  Be able to explain the different types.  Be able to talk about limited government.  How did the Founders characterize higher law?

 Identify at least three characteristics of the British colonies in North America.  What important lessons did the Founders learn from political theory and political history.  What is the difference between limited government and unlimited government? Do you think the difference is important? Why or why not?  What is a constitution?  What is a mixed constitution? Explain the advantages and disadvantages of this type of government.  Why is a constitution considered higher law, what are the characteristics of a higher law?  According to Aristotle, what are the differences between right and corrupt forms of government?