Unit 2 English Traditions

Magna Carta Restrict kings power No jail without a trial Cannot seize property without reason Gave more people rights

Petition of Rights King Charles No arrest or punishment without cause Housing soldiers not allowed without permission

English Bill of Rights Cannot keep standing armies in peace time Can petition the king Fair Trial Debate in parliament

Enlightenment and Political Philosophies Enlightenment: Age of reason, world best understood by study of close observation and reason

Thomas Hobbes “Leviathan” Government provides peace and security, surrendering some rights in exchange

John Locke Social Contract: Rulers derived authority from consent of the governed. Gov must protect natural rights Natural Rights (life, liberty and property) Second treatise of government (rejected Divine Right) Branch Government

Jean-Jocque Rousseau People must participate, social responsibility, freedom of religion, separation of church and state, basis of first amendment

American Documents Common Sense Declaration of Independence Articles of Confederation Constitution Most Americans did not want independence prior to the start of the conflict

Common Sense Thomas Paine Who did the document blame? What was the main purpose of the document?

Answer King George Main purpose: authority of gov. officials should originate in popular consent. Small island should not rule a big continent. Promoted American Republic, Americans should become independent

Declaration of Independence 3 Purposes? Unify colonies, secure foreign assistance, justify actions to the world Who wrote the document? Jefferson Was the document based upon any other documents? Yes

Declaration Cont. Divided into 3 parts 1.Preamble 2.List of Grievances 3.Assert Independence Get into groups and describe what you find in each part. Who is blamed in the document? For what? SOAPSTONE and draw

Declaration Cont. Preamble referred to natural rights 2 nd Part attacked the king, imposing taxes without consent, keeping standing armies, obstructing trade 3 rd Part asserted independence Date that document was approved? July 4 th 1776

Declaration Cont. What was the risk of signing the document? Subject to treason Influence on other nations? French Declaration of Men

Articles of Confederation Strengths – Fight war – Make treaties – Northwest Ordinance Weakness – Only one branch of government – No power to tax – Cannot regulate interstate commerce Why did they make it so weak? What kind of problems arose?

Shays Rebellion

State Constitutions All had Bill of Rights All had three branches Voting limited to white males (usually land owners)

U.S. Constitution Rhode Island did not send delegates Federalist 10: Union needed to control factions

Two Plans One Compromise New Jersey Plan (equality) Virginia Plan (population) Great Compromise – 2 Houses 1 equal 1 based upon population

Other things 3/5 Compromise 3 Branches of Government Economic Powers Given Government – Tax – Regulate interstate commerce – Custom duties

Constitutional Principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Congress President Courts Judicial Review (Marbury v. Madison) Federalism

Popular Sovereignty Define: Power rests with the people Voting is most common. Original Constitution had limited popular sovereignty House of Representatives

Limited Government Government can only do things that are referred to in the Constitution

Separation of Powers Power is divided amongst three branches of government

Checks and Balances Each branch checks on the other branches of government Legislative (approves nominees, ratifies treaties, overrides veto, impeach, declare war, budget, jurisdiction) Executive (nominates, veto, call special session, negotiate treaty, commander in chief) Judicial (declare acts unconstitutional)

Congress Draft laws Each House must pass the same laws

Executive Branch Enforce Laws Eisenhower and National Guard

Judicial Branch Interprets the law Judicial Review (Marbury vs. Madison)

Federalism Define: Shared power between national and state governments How is this different from unitary and confederation governments

Structure of the Constitution Article I Legislative branch House (25, 7 years citizenship, resident) All revenue bills originate, impeach Senate (30, 9 years citizenship, resident) Ratifies treaties and presidential appointments conducts trial after impeachment

Cont. Elastic Clause (necessary and proper clause) Writ of Habeas Corpus (show the body) Bills of Attainder (no trial) Ex Post Facto Laws (after the fact laws)

Cont. Article II Executive Branch Commander in Chief Negotiates Treaties Appoints department heads

Cont. Article III – Judicial Branch – Appellate Jurisdiction (appeals) – Original Jurisdiction (where case is first heard)

Cont. Article IV – Interstate relations – Full faith and Credit (legal documents) – Privileges and Immunities – Extradition – New states need to draft a Constitution

Cont. Article V – Amending the Constitution – 2/3 of each house or national convention after vote of state legislatures – Ratified by 3/4 of state legislatures or state conventions

Cont. Article VII Supremacy Clause: Constitution, treaties and laws of the U.S. Gov. are supreme over state laws.

Cont. Article VII – Ratification of the Constitution. Needed 9 out of 13

Federalists and Antifederalists Federalists wanted the passage of the Constitution. More eastern urban areas Antifederalists did not want the passage (wanted states to have more power). More rural and western areas

Selective Incorporation Apply the Bill of Rights to the States Gitlow vs. New York