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Published byGeorge Tate Modified over 9 years ago
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Historical Roots of U.S. Gov’t Foundations of U.S. Gov’t – Follows Ch. 2-1 in Textbook
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Influential Historical Documents & People Code of Hammurabi The Ten Commandments and Old Testament in Bible (many laws came from Hammurabi) Justinian’s Codex Age of Enlightenment in Europe Thomas Hobbes John Locke Charles de Montesquieu
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Code of Hammurabi Code of Hammurabi influential to Founding Fathers Written around 1750 BC in Babylon (modern Iraq) Code, or law, protected weak from brutal Contained retribution (eye-for-an-eye)
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Justinian’s Codex (code) Created by Emperor Justinian I (AD 483- 565) Responded to barbarian attacks Ensured survival of Roman law Basis for most modern law in Europe
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John Locke Lived from 1632-1704 English Philosopher Influenced by English Civil War Major work: Two Treatises on Gov’t (1690) Main points: Gov’ts main role = providing security If ruler does not provide security, people can replace him Individual liberty important “Life, liberty, and property” became “Life, Liberty, and Pursuit of Happiness” in Declaration
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Charles de Montesquieu French Philosopher Responsible for ideas of separating power of gov’t Came up with 3 branches of gov’t Executive Legislative Judicial
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Thomas Hobbes (1588-1679) Wrote during aftermath of Eng. Civil War His main points: People’s most basic need = security Obtaining security means entering into social contract with ruler Ruler protects them In return, ruler has absolute authority
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British Political Influences on U.S. Gov’t English common law Ordered, limited, representative gov’t English documents
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English Common Law Not voted on by legislators Derived from precedent (event or court decision that serves as example later)
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Ordered, limited representative gov’t Gov’t is necessary to keep order Counties and townships come from England Gov’t should be limited, not all powerful Gov’t should represent will of people These 3 ideas incorporated into US Constitution
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English Documents Magna Carta Written in 1215 Imposed on King John (same King John from Robin Hood) Established right to due process Limited power of king Made future monarchs subject to the law
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English Documents (cont) Petition of Right = agreement imposed on Charles I by Parliament in 1628 Ex. Charles needed Parliament’s consent to collect taxes Justified American Revolution Right of habeas corpus (law requiring person to be told reason for arrest)
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English Documents (cont) English Bill of Rights Main points: No standing army during peacetime Parliament grant money to monarch (king or queen) No excessive bail, cruel or unusual punishment No catholic could rule England
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Virginia Declaration of Rights May 1776 Served as model Declaration of Independence and Constitution Included: Right to life Right to liberty Freedom of press, religion
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