1. Review

2. Human Nature Are humans inherently good or bad?
In a “state of nature” our we as humans good or evil?
Is it nature or nurture that makes us the way we are?

3. Hobbes Humans are inherently bad.
In a state of nature, life is in a constant state of violence and war.
Life is short, nasty, and brutish.
There is a need for a social contract due to the fact that man is inherently evil.

4. Locke Humans are inherently good. In a state of nature, everyone is:
Equal
Follows “natural laws of reason”
Life/Health
Liberty
Property
Everyone has to preserve themselves and others.
Has executive power: everybody has the right to punish others for breaking natural laws.
There is a need for a social contract due to this executive power.

5. Social Contract
State of nature can easily turn into a state of war, in which nobody’s life, liberty or property is safe. So…
Give up some liberties to leave the state of nature and form a civil society, to form a GOVERNMENT.
Known as the social contract.

6. Declaration of Independence
According to John Locke, people have a right to rebel or change the government when it no longer protects their LIFE, LIBERTY & PROPERTY.
This is what the Founding Fathers used as the reason for declaring independence from England.

7. Articles of Confederation
Weak central power…allows states to arrest many who cannot pay off debts due to high state taxes.
Shays Rebellion
Each state only had one vote in Congress, regardless of size.
Congress did not have the power to tax.
Congress did not have the power to regulate foreign and interstate commerce.
There was no executive branch to enforce any acts passed by Congress.
There was no national court system.
Amendments to the Articles of Confederation required a unanimous vote.
Laws required a 9/13 majority to pass in Congress.

8. Objections to the Constitution
Thoughts founded by those such as George Mason.
Constitution does not have Bill of Rights.
Supreme Court will destroy the lower courts.
No Constitutional Council
Congress will turn into a oppressive aristocracy

9. Federalist #51
Written by James Madison, Alexander Hamilton, and John Jay
GOAL: Persuade the country to adopt the constitution.
Separation of Powers
"In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.“
Checks and Balances
"Ambition must be made to counteract ambition."

10. Constitution Popular Sovereignty Limited Government
Separation of Powers
Checks and Balances
Federalism
Judicial Review

11. Bill of Rights 1: Free speech, religion, press, assembly. 2: Bear Arms
3: Quarter Troops
4: Search and Seizure
5: Rights of the Accused (Double Jeopardy, Self Incrimination)
6: Right to Speedy and Fair Trial
7: Right to Trial by Jury
8: Excessive Bail and Cruel and Unusual Punishment
9: Powers Reserved to the People
10: Powers Reserved to the States