Constitutional Underpinnings of the United States Government

Key Questions What elements, historical and functional, serve as the basis for the United States Constitution and the overall function of American government? How does federalism affect how government in America operates? How does the separation of powers manifest itself in the United States government today?

Roots of the American System

The Enlightenment The Age of Reason –A cultural movement of intellectuals, a philosophical revolution centered in France and spreading throughout Europe and the colonies during the 1600s and 1700s. –Advances in scientific discovery and understanding (Scientific Revolution) led to a transformation of thought and interpretation of the world.

Enlightenment Thinkers

Core Renaissance Ideas rather than emotion should guide decision making; leads to absence of intolerance and can help solve social problems regulate human society Social is inevitable is the natural state of mankind; attempts to limit liberty are violations of natural law Emphasis on, opposed superstition and bigotry; argued for full religious tolerance

John Locke

Charles-Louise de Secondat, baron de La Brede et de Montesquieu

Jean-Jacques Rousseau

The Birth of the Constitution

Natural Rights Philosophy State of nature –What is human nature? –What should be the purpose of government? –How do the people running a government get the right to govern? –How should a government be organized? –What kinds of government should be respected and supported? –What kinds of government should be resisted and fought? The natural rights philosophers’ answers to these questions provided the Founders with ideas for ideal government

State of Nature

Human Nature

Being a Political Philosopher All New Providence students transported to a new place Enough natural resources for you to live well Nobody had lived there before No means of communicating with the rest of the world No way to return

John Locke Second Treatise on Government –Published anonymously in 1689

Upon arrival would there be any government or laws to control how you lived, what rights or freedoms you exercised, or what property you had? Why? #1

Would anyone have the right to govern you? Would you have the right to govern anyone else? Why? #2

Would you have any rights? What would they be? #3

What might people who were stronger or smarter than others try to do? Why? #4

What might the weaker or less sophisticated people try to do? Why? #5

What might life be like for everyone? #6

Being a Political Philosopher All New Providence students transported to a new place Enough natural resources for you to live well Nobody had lived there before No means of communicating with the rest of the world No way to return Compare your answers to Locke’s beliefs

John Locke Problem: How to protect each person’s natural rights Not all people are rational or good, there always will be people who try to violate the rights of others Solution:

Declaration of Independence IN CONGRESS, July 4, The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, ………………………