What Did the Founders Think About Constitutional Government?

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Presentation transcript:

What Did the Founders Think About Constitutional Government? Lesson Objectives: Describe the diverse features of the early American colonies and states and their populations. Explain what the Founders learned about government from history and their firsthand experiences of government Evaluate, take and defend positions on the sources that should be consulted if a new constitution for the US today, are the Founders concerns about abuse of power still valid and the importance of written constitutions.

Language Spoken in the Colonies English Dutch French German Norwegian Spanish Swedish Welsh Scottish Gaelic and Scots Finnish Irish Native languages of African Americans Native Americans

Characteristics of Colonial America Encounter a vast new area Area was much larger than they were accustomed to. England/Scotland compared to New York and Massachusetts. Native Americans were present Disease, warfare and encroachment of colonies changed the dynamic of that presence. Diseases such as measles, smallpox, cholera and yellow fever Native Americans had little immunity By the Revolutionary War few Native Americans were living on the Atlantic coast.

Characteristics continued US was officially recognized as an independent nation in 1783. Two Centuries after they colonies were established. The vast area separated colonists, but so did background and beliefs. Religious Reasons Economic Reasons South Carolina, New York and Maryland had influential families that owned had large estates. New England and Georgia had fewer large estates These differences led to different social and political cultures. Most Colonies had government religions Slavery was practiced in all colonies. Puritans in Massachusetts Quakers in Pennsylvania Pilgrims

Making a Living Rural environment and farming Non Rural South Carolina: Indigo and rice Slave labor to produce Virginia: Tobacco New England: Crop and livestock Less reliant upon slave labor Used instead indentured servants Non Rural Shipping Shoemakers Silversmiths By 1760, 300,000 people were enslaved

Ideas influencing Government Founders brought with them existing ideas about government Experience with British government Government in the colonies History of Britain, Greece and Rome Read classical texts of Aristotle Cicero Thomas Hobbes (Leviathan) John Locke (Second Treatise of Government) William Blackstone (English Law) Well read in Protestant Theology

Historical Understanding By 1776 there was an establish history of 150 years of self government and collective experience. Classical Philosophers taught: Humans are social creatures; obligations to each other moving them toward excellence. Plato: Those who govern must be wise. Basic duty of government was to help people learn about and perform their civic and moral duties.

Greek and Roman History Democracies begin well Lead to tyranny when the poor attack the rich Class warfare breed chronic disorder As a result of the disorder, people will submit to tyranny. Tyrannical leaders promise the people security from the disorder of class warfare.

Natural Rights Theory People have basic rights that others must respect. John Locke summarized them as, “Life, liberty and estate.” People agree to form a society and create a government to protect their rights. British History: Some freedom for people could exist with a monarch respecting rights. American History: Self-government could exist with a distant central authority. When authority abuses it’s power social and political unrest follow.

Lessons Learned Government should be the servant, not the master of the people. A fundamental higher law, or constitution should limit government.

What government to Choose?? State – we often call them countries now. Sovereignty Territory Population Government Legislative – enacting laws These are not necessarily Executive – public officials carry separate branches in public policy all governments. Judicial function – interpreting laws

Economic Factors Aristotle: Distribution of wealth…not an old subject. How wealth was distributed could impact political stability and the strife that could result. Dominant group is often the middle class, neither rich nor poor. Known for moderation “behave within reason” Argued that the poor who are numerous may attempt to seize the wealth of the rich. What a state with a mix of varying economic status.

History moving forward… Roman government has representatives for early all classes and tribes. Cicero built upon the idea of mixed constitution in economic, but also political ideas: monarchy, aristocratic and democratic. Cicero influenced the middle ages, the renaissance and the Enlightenment. Britain a bi-cameral legislature (2 houses) House of Lords and House of Commons. Example of representative government.

Classification of governments Aristotle classify governments by who held the power: Right form : ruling for the common good Wrong form: private interest of the rulers Dictatorship Democracy One Leader: Autocracy People control power Group: Oligarchy Complete authority People delegate power to leaders Not accountable to the will Of the people Dictator decides who can participate Accountable to the will of the people. People can participate – the hold the power. Republic People control the power People delegate power to leaders Power is held by citizens eligible to vote and is exercised by elected representatives who are responsible to them and the rule of law. People participate – hold the power.

Which type is best? Founders did not believe a direct democracy was best. Preferred a republican form of government. Representative People hold the power Government is accountable to the will of the people Government is accountable to the rule of law.

What is a constitution? Body of laws setting forth the structure and powers of government and how it can be changed. Written: often controversy about what words mean. Unwritten: combination of written laws and precedents. Constitutional government means limited government. Limited government: government must follow it’s own laws. It is not all powerful.

Why does the idea of a higher law matter? It sets forth basic rights of citizens It establishes the responsibility of the government to protect those rights It establishes limitations on government It can only be changed with the consent of the citizens and according to pre-established well- known procedures .