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Published byMae Hoover Modified over 8 years ago
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The main idea is to empower you with the background to make rational decisions about how you are governed. For instance, can the school search you? Why or why not? If you can’t articulate the reasons, you need more background. That is my job, and yours. If the idea of being empowered in order to be a contributing member of our representative democracy is attractive to you, let’s get started!
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Some characteristics of colonial America were… Big Diverse Far away Reasons for settlement were different Slavery, indentured servitude, both common Constitutional government and culture were both effected by these characteristics
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Who are the Founders anyway? They learned about government by reading history and philosophy and from their own experiences. Classical Greek and Rome. Philosophers and political commentators like Aristotle, Cicero, Thomas Hobbes, John Locke, William Blackstone, Protestant theology. 150 years of being left on their own… It is impossible to overstate the importance of this 150 years of neglect on the gathering of political and judicial experience on the people of America.
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There were two main traditions that the Founders drew on to create their new government. One tradition found especially in Classical Greece, was that one main purpose of government was to help people learn about and perform their civic and moral duties.** Greek and Roman history also taught that democracies eventually lead to class warfare. That, in turn, leads to tyranny. How?
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The other main tradition is called the Natural Rights Philosophy. The main theorist was John Locke.** He taught that people possess the natural rights of life, liberty, and estate.** He also believed that people agreed to form a society and create a government to protect their rights. The British had shown that a Monarchy could be tamed to respect the natural rights. (you need to be able to say how this happened over English history)
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The American colonies had shown that when there is abuse of power, even by a world power, they would resist. From American documentary history it is clear that the Founders had learned two important lessons… One, that government should be the servant and not the master of the people. Two, that a fundamental or higher law, a constitution, should limit government.
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When the Founders settled in to form a new government they had many examples to choose from. The most immediate was a monarchy. They were dissatisfied with the British monarchy. Aristotle, the Greek philosopher, provided guidance. To start with, he said that governments all exercise three functions. Deliberative-to decide what public policy should be Executive-to carry out public policy. Interpretive-to interpret and apply the law.
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We call these Aristotelian functions-legislative, executive, and judicial.** Next, Aristotle divided government into three main types. Rule by the one. Rule by the few. Rule by the many. Now, how are these ideas blended into our system?
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Last, for our purposes, Aristotle classified these governments into right and corrupt forms. Rule of One-Right form Monarchy, Corrupt form Tyranny. Rule of Few-Right form Aristocracy, Corrupt form Oligarchy. Rule of Many-Polity(mixed constitution), Corrupt form Direct Democracy. (Don’t panic our form is Representative Democracy)
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Aristotle thought that in a direct democracy, the poor would use the laws to seize the property of the rich. This would set off class conflict. So, rule by those of moderate means-not rich or poor- would produce the most stable government. These people have the best chance to rule by reason and not by self-interest. So, to achieve this, a government which mixes these groups has the best chance of success.
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Polybius the Greek historian thought that a government that included all the groups-monarchy, aristocracy, democratic (poor) would work the best. Cicero, the Roman statesman, adopted this idea and it had great influence through subsequent history. The Baron de Montesquieu thought the British had the best example of a mixed government. What did he mean? Limited monarch, Parliament representing the other two classes. House of Lords, House of Commons.
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Colonial legislatures (forced self-government) and Parliament were representative democracies. These are often called Republics. from res publica, or property of the people* After 287 BC, the Roman Republic had an unwritten constitution featuring mixed government in which almost all classes of people and tribes were represented. The Founders rejected direct democracy on the advice of their sources and chose a Republic based on the rule of law.*
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Be able to define and describe a constitution. Be able to explain the different types. Be able to talk about limited government. How did the Founders characterize higher law?
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Identify at least three characteristics of the British colonies in North America. What important lessons did the Founders learn from political theory and political history. What is the difference between limited government and unlimited government? Do you think the difference is important? Why or why not? What is a constitution? What is a mixed constitution? Explain the advantages and disadvantages of this type of government. Why is a constitution considered higher law, what are the characteristics of a higher law? According to Aristotle, what are the differences between right and corrupt forms of government?
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