1. FOUNDATIONS OF AMERICAN GOVERNMENT
GPS: SSCG1a and SSCG1b

2. 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

3. SOCIAL CONTRACT THEORISTS
THOMAS HOBBES
JOHN LOCKE
MONTESQUIEU

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

5. 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

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

7. 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

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

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

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

11. 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

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

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

14. 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

15. 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)