The Foundations of American Government

Fundamental Principles You Need To

Know

American GovernmentSemester 1, 2011Perry High School

Identifying Violations of Rights—Situation #1

• Your name is Mary Strong. You have lived in Boston most of your life and have definite feelings about how Massachusetts is being governed. When you speak your mind freely, you find yourself arrested and put in an iron device that fits over your head like a mask to prevent you from talking.

WHAT IS THE VIOLATION?

Identifying Violations of Rights—Situation #2

• Your name is Elizabeth Merrill. While you were baking bread this afternoon at your home in Williamsburg, awaiting the return of your husband, an agent of the King arrived to inform you that you must shelter four British soldiers in your home.

WHAT IS THE VIOLATION?

Identifying Violations of Rights—Situation #3

• Your name is William Adams. You have a warehouse full of goods near Boston Harbor. The King’s magistrate gives British officials a writ of assistance that permits them to search homes, stores and warehouses near the harbor to look for further evidence of smuggling.

WHAT IS THE VIOLATION?

Identifying Violations of Rights—Situation #4

• Your name is James Otis. You represent colonists who have been imprisoned and are being denied their right to a trial by a jury from their own community. You argue that denying their traditional rights as Englishmen is illegal because it violates the principles of the British Constitution. The royal magistrate denies your request and sends you to prison in England for trial.

WHAT IS THE VIOLATION?

Terminology1. Compact—formal contract or

agreement between or among two parties or states.

2. Law of Nature—referred to as the rules that would prevail in the absence of man made laws. Natural law is conceived to contain standards of justice that apply to all people.

3. Sovereignty—supreme power in a state. Democratic theory states that the people as a whole are sovereign.

4. Writs of Assistance— document giving a governmental authority the power to search and seize property without restrictions

Terminology5. Checks & Balances—

distributing and balancing the powers of government among different branches so that no one branch can dominate the others.

6. Veto—right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment.

7. Constituent—a person represented by an elected official (citizen of a state, citizen of a district)

Main Ideas & Arguments in the Declaration of Independence

#1 Natural Rights—if a government deprives the people of their natural rights (life, liberty, property) then the people have the right to change or abolish the government and to form a new government.

#2 Human Equality—humans are equal in the sense that neither God nor nature has appointed some at birth to rule over others. Thus humans are politically equal. To be legitimate, the right to rule must be based on agreement among equal civic members.

Violations Committed by the King

#1—Seeking to destroy authority of colonial legislatures.

#2—Obstructing the administration of justice by refusing to approve laws for support of the colonial judiciary and making judges dependent upon his will.

#3—Keeping standing armies among the people in time of peace without the approval of the colonial legislature.

#4—Quartering soldiers among the civilian population.

Violations Committed by the King

#5—Imposing taxes without consent of those being taxed.

#6—Depriving colonists of the right to trial by a jury of their peers.

#7—Altering colonial charters, abolishing laws and fundamentally changing the constitutions of colonial governments.

What Do You Think?• The Declaration of Independence

states that people have a right to abolish their government. When is revolution necessary?

• What were the colonists major objections to British policies?

• What problems identified in the Declaration would have to be corrected for governments created after American independence to be legitimate?

• Why did the colonists resist British control?

• How would you characterize government today, in terms of its involvement in the lives of its citizens?

What Can You Do as a Citizen?

                            

Legislative Supremacy

• The Legislative branch was considered the most capable of reflecting the will of the people.

• Voters determined who their representatives would be and could remove them if they believed someone else would better represent them.

• The executive branch was seen to be less accountable to the people and should not be trusted with much power.

• Judges should also not be trusted with too much power.

Who are these People?

Early State Constitutions (prior to our U.S. Constitution)

• Political Guarantees—right to vote, free/frequent elections, freedom of speech/press, right to petition government to redress grievances, no taxation w/o representation.

• Due Process—rights to counsel, trial & jury of one’s peers, protection from illegal searches, protection from forced self-incrimination, excessive bail/fines & cruel/unusual punishment.

Critical Thinking Questions

1. What is the greatest challenge to “individual rights” in our nation today?

2. Does the government have too much power or control over your life?

3. Should we place greater limits on how long people can serve in elected positions?

4. Do we have a “fair” system of justice in this country?

Random Thoughts on Government

1. Do you trust those in power to always tell you the hard truth—especially if it would hurt them at election time?

2. How is it possible that every President since Jimmy Carter has promised to lower our dependence on foreign oil, but now we import more oil than ever from countries that do us harm?

3. Do you believe that our elected leaders in Washington D.C. see your face when they make decisions, or instead, the faces of those who richly contribute to their campaigns?

4. Do you believe our “public servants” have your best interests at heart and will defend your life, liberty and property?

Agree or Disagree• I have a right to life, liberty and

property, but there is no guarantee of equal results.

• I must always try to be a more honest person than I was yesterday.

• Is common sense completely dead in America today?

• There aren’t enough citizens willing to do the hard work that self rule requires, our society has become one that would rather be cared for, fed, clothed and told what is best for us by a parentlike state (i.e. the federal, state or local government.

What Would You Say…..(please write down & share)

1. Are America’s values?2. Are America’s beliefs?3. Our place in the world?4. The obligation of America’s

citizens to each other?5. Is the role of a citizen in

society?6. Is the role of government in

society?

Do We Have Any Left?

“Common Sense”—Thomas Paine’s

Arguments Against British Rule• America was not a “British

nation”; it was composed of influences and people from all of Europe.

• Being a part of Great Britain would drag America into unnecessary European wars.

• Britain ruled the colonies for its own benefit and did not consider the best interests of the colonists in governing them.

• Paine argued it was ridiculous for an island to rule a continent.

Quotes from Thomas Paine’s “Common Sense” (1776)

1. “I offer nothing more than simple facts, plain arguments & common sense”

2. “Time makes more converts than reason”

3. “Society in every state is a blessing, but government, even in its best state, is but a necessary evil”

4. “Immediate necessity makes many things convenient, which if continued would grow into oppressions”

5. “The present state of America is truly alarming to every man who is capable of reflection”

Thoughts From Our Founders

• “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth”

George Washington• “If the freedom of speech is taken away then

dumb and silent we may be led, like sheep to the slaughter”

George Washington• “A democracy is nothing more than mob

rule, where 51% of the people may take away the rights of the other 49%”

Thomas Jefferson“Advertisements contain the only truths to be relied on in a newspaper”

Thomas Jefferson

The Founders

More Thoughts From Our Founders

• “A pure democracy is a society consisting of a small number of citizens, who assemble and administer the government in person”

James Madison• “All men having power ought to be distrusted

to a certain degree”James Madison

• “If men were angels, no government would be necessary”

James Madison• ““Because power corrupts, society’s

demands for moral authority and character increase as the importance of the position increases”

John Adams

Thoughts on Democratic Government: James Madison

• Recognized that the individuals rights to political and personal liberty are at risk if the government has too much power or too little power.

• Must be constitutional limits upon the power of government in order to protect the rights of all members of a community.

• A good government in a democracy is both sufficiently limited and empowered by a Constitution, to which the people have consented, for the achievement of order that ensures liberty.

Arguments For Democracy

1. Enhance the individuals sense of dignity and self worth.

2. Encourage individuals to promote the “well being” of their community.

3. Draw upon the collective wisdom of the people in making decisions.

4. Protect the equal rights of all persons to life, liberty and property.

5. Make rulers accountable to the people they rule.

6. Justify the legitimacy of government by basing it on popular consent.

Arguments Against Democracy

1. It governs inefficiently due to excessive deliberation in decision making.

2. Governs ineptly because the most able persons are not selected to rule.

3. Unwise decisions are made due to pandering to public opinion.

4. It erodes political/social authority and unity by encouraging criticism and dissent.

Civic Education

• A democracy depends upon the competent participation of its citizens & that people must be educated in a democracy.

• Civility, honesty, charity, compassion, courage, loyalty, patriotism & self-restraint must be taught.

Common Good

• Refers to collective welfare of the community. Also may refer to the individual welfare of each person in the community.

• Most democracies have some tension between the perceived rights and interests of individuals and the common good.

Constitution

• The basic law and general plan of government or a people within a country.

• Purposes, powers and limitations of government are prescribed in the Constitution.

• Sets forth the way people are governed or ruled.

Diversity—What Does It Mean?

• A Diversity in ideas & interests• A Diversity in social & political

groups• A Diversity in race, religion &

ethnicity.• A Diversity in centers of power.

Elections

• Regular occurrence of free, fair & competitive elections in which practically all the people of a country can vote to select their representatives in government.

Equality• No one is above or beyond the

reach of the law.• No one is entitled to unfair

advantages or subjected to unequal penalties based on the law.

• Founders were committed to establishing a government that would guarantee equally, to all individuals under its authority, security for liberty based on the rule of law.

Federalism

• Division of governmental powers between a central national government and state governments within a country.

• Each level of government can separately exercise powers directly upon the people under its authority.

Limited Government• Enumerating and listing the number of

the governments powers.• Branches of government are separated.• Power is decentralized through the

society by a kind of federal system that enables the sharing of powers by national and local units of government.

• People can limit the power of government by holding representatives accountable to them (how does the public do this?)

• A broad range of rights included in a Constitution, which the government is prohibited from denying to the people.

Independent Media

• Mass media are privately owned.• They are free of government

control.• They are free to transmit

information and ideas about government and public affairs to people.

• They can criticize government officials & offer alternative opinions about current events and issues.

Judicial Independence

• Independent in order to insulate its members from punitive or coercive actions by the legislative and executive branches of the government.

• An independent judiciary ( in theory) can make fair decisions that uphold the rule of law.

Justice

• Is achieved when everyone receives what is due to him or her.

• Is achieved when persons with equal qualifications receive equal treatment from the government.

• Occurs when a government equally guarantees the rights of each person within its authority.

Liberty

• Person who has this is free to make choices about what to do or what to say during the course of the day.

• Purpose of government is to protect and promote the liberty of individuals.

• James Madison—”a standing threat to liberty is posed by insufficient constitutional limits on government”

Free Market Economy

• System based on rights to private property and free enterprise.

• Refers to a flexible system for producing and distributing the goods and services that people need and want.

• This type of economy involves competition among producers and sellers of goods and services for consumers.

Participation

• Is necessary for citizens in a civil society.

• Citizens should prompt their representatives in government to be accountable to the people.

• Participation must be free and independent—not forced.

Political Party

• Independent and freely formed organization that nominates candidates for positions in government, with the purpose of winning elections in order to form or control the government.

Popular Sovereignty

• A government based on consent of the people.

• Government’s source of authority is the people and its power is not legitimate if it disregards the will of the people.

Republic

• Form of government based on the consent of the people and operated by representatives elected by the people.

• Hereditary rule by a monarchy or aristocratic class is prohibited.

• Every state in our union is guaranteed a “republican form of government”

Rights

• A constitution in a democracy guarantees the rights of the people.

• A right is a person’s justifiable claim, protected by law, to act or be treated in a certain way.

• Rights of free speech, press, assembly, association & petition.

• Free exercise of religion, and privacy in one’s home or place of business & use of private property for personal benefit.

Rule of Law• Laws to be enforced equally and

impartially.• No one is above the law &

everyone under the authority of the Constitution is obligated equally to obey the law.

• Laws are reasonable and enforceable.

• Laws are not enacted or enforced retroactively.

Separation of Powers

• Sharing power among the three branches of government, through checks and balances, is the basic constitutional means for achieving limited government, thereby protecting the people from governmental abuses.

• No one branch of the government (in theory) is to accumulate too much power.

Virtue

• Defined as “excellence in the character of a person”.

• Refers to a desirable disposition, which can prompt individuals to be good persons and do good things in regard to others and the community.

• Since ancient times, political philosophers have stressed the importance of virtue in the establishment and eminence of good government.