FOUNDATIONS OF AMERICAN GOVERNMENT

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Presentation transcript:

FOUNDATIONS OF AMERICAN GOVERNMENT GPS: SSCG1a and SSCG1b

Theories of Government Orgin 1. Evolutionary: state evolved from the family 2. Force: government emerged when people were brought under authority 3. Divine Right: rulers were descendants of gods 4. Social Contract: challenged “divine right” and began in Europe in 1600s People agree to be governed

SOCIAL CONTRACT THEORISTS THOMAS HOBBES JOHN LOCKE MONTESQUIEU

THOMAS HOBBES “Leviathan” Philosophy No government in nature Life was brutal w/o government Government by contract

Thomas Hobbes Continued Government by Contract Parties agree to be ruled Power given to state to maintain order State agrees to protect people People did not have right to break agreement

JOHN LOCKE 2nd Treastise of Government Government is legitimate only as long as people consent to it

John Locke Continued People are naturally endowed with right to life, liberty and property – “natural law” People willingly give power to government to preserve rights People have the right to break the contract and overthrow the government when it fails to protect the rights of the people

Montesquieu The Spirit of Laws 1748 Division of power would promote liberty

Montesquieu Continued Power of government should be divided into Legislative – law making Executive – law execution (enforcement) Judicial – law review

Early Social Contract Documents Magna Carta (1214) Petition of Rights (1625) English Bill of Rights (1688)

Magna Carta (1214) Established principle of limited government Provided protection of unjust punishment No loss of life, liberty or property except according to the law Limited the levying of taxes Applied only to nobility at first

Petition of Rights (1625) Limited King’s power Could not collect taxes without consent of Parliament Could not imprison people without just cause

English Bill of Rights (1688) Set clear limits on power of Ruler (Monarch)

English Bill of Rights Continued A. Monarchs do not have absolute authority B. Monarchs must have Parliament's consent to suspend laws, levy taxes, and maintain an army C. Monarchs could not interfere with Parliamentary elections or debates D. People have the right to petition the government and have a fair and speedy trial by a jury of their peers E. people should not be subject to cruel or un usual punishment or excessive fines and bail

Social Contract ideas impact English Colonists in America Social Contract ideas become basis for colonists’ complaints against England’s king and parliament Ideas are incorporated into the Declaration of Independence (1776)