Constitutions & Government

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Constitutions & Government Notebook # 10 Explain how the Enlightenment influenced the formation of limited forms of government and the role of constitutions

A. Background Enlightenment thinkers believed in a social contract a constitution (plan of government) set the terms of that agreement the U.S. Constitution was based on 3 things: 1. the political writings of ancient Greece & Rome 2. ideas from English govt., such as the English Bill of Rights 3. ideas of Enlightenment scholars (Locke, Montesquieu, & Rosseau)

B. Types of Constitutions unwritten constitution—collection of laws, traditions, & court decisions that develops over time ex. England; basis lies in Magna Carta & English Bill of Rights written constitution—a document stating the rules & principles on which a nation is run ex. U.S. Constitution (1787; oldest one still in effect)

C. Functions of a Constitution 1. states the ideals shared by a people bound by the document 2. establishes a framework for govt. 3. defines the government’s powers & duties 4. provides the supreme law (rules that shape the actions of govt. & the people) for a country most written constitutions contain a statement of goals that are often found in a preamble—an introduction stating the purposes to be served by government

D. Limits of Power a constitution should state the powers given to the govt. & set limits on those powers so leaders don’t abuse the rights of citizens courts decide if new laws/policies violate the Constitution their decisions make up constitutional law—a body of rulings that carry legal force constitutions sometimes need to be amended (altered) to fit the needs of the people the U.S. Bill of Rights (Amendments 1-10) is an example

E. Different Forms of Govt. 1. autocracy—power rests in the hands of a single leader & his advisors (ex. absolute monarchy) 2. oligarchy—a small group (such as a political party) holds power (ex. Communist China) the above 2 forms may have a constitution, but people have little or no power to limit govt. people may vote, but the govt. decides the election outcome legislatures may pass laws, but they rarely go against the leader’s wishes effect  constitution is just a piece of paper

3. democracy—people hold the power, usually through voting govts. are not above the law govt. can be changed peacefully by: a. voting or running for election b. passing new laws c. amending the constitution d. appealing to the courts