So.. Let look at our really Big question What are the philosophical and historical foundation of the...
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Transcript of So.. Let look at our really Big question What are the philosophical and historical foundation of the...
So..Let look at our really Big
question What are the philosophica
l and historical
foundation of the
American Governmental system?
What have we learned so far that can help answer the
question?Locke gave us the natural right
philosophy
Jefferson built on Locke when writing the declaration of
independenceWe in the US established our
country and entered into a social contract (Mayflower Compact)
Classical societies taught us about civic virtue & the
common goodNow lets look at the
role of our British past and colonial
experience …
Madison taught us that common good and
natural rights can work together
Lets examine how our British past influenced the founding fathers in developing our government. Upon arrival in America, the
English colonist brought with them
ideas about government
They believed government should
be:Ordered Limited& Representative
Ordered Governme
nt
Local governments to regulate the relationship among people and best meet the needs of society.
How is the concept of ordered government found in our system?
When classifying our government we call it a
federal government
What are the roots of limited Government?People have certain
rights which cannot be taken away…
This idea first emerged in 12 15 with the
signing of the Magna Carta English Barons force
King John to sign the Magna Carta which
limits the power of the monarchy by protecting
.. LIFE LIBERTY PROPERTY
BY…Establishing:Trial by juryDue process of the law
False imprisonment/ evidence required
These right only apply to Lords & Barons
In 1688 another important development in limiting the
power of government took place in England
THE PETITION OF RIGHT
King Charles need parliament support for new tax to pay more
for wars.(parliament doesn’t have to approve but he needs their support)
Parliament give the tax OK if…
King Charles agrees to the following limits on power..
Cannot imprison political critics (of any class) without a trial.
Cannot declare martial law during
peace time.
Cannot require people to shelter troops without
homeowners consent
No tax or government loan with common
consent of parliament
In 1688 England found themselves without a King or
Queen.
Parliament offered the throne to William & Mary
Under the following conditions which further limited the power of the monarchy.
No standing army during peacetime without
Parliament consent.
Require free parliamentary
elections
To levy a tax with parliament consent is
illegal & the king must follow the laws.
For the king to suspend a law
without parliament consent is illegal.Guaranteed :
Speedy trialFreedom from excessive bail
Freedom from cruel and unusual
punishment
The third idea about government the colonist brought with them from their
British past was
GOVERNMENT SHOULD REPRESENT THE PEOPLE
I believe Mr. Lincoln said it best
“Government of the people, by the people, for the people”
How can we find this in our government today.
The influence of the Colonial period on our current governmental system
What is the purpose of a colony?
Make $$$
British parliament took little interest in the American colonies as long as they
made $.It took 2 months for info to reach America.
The colonial government had the power to tax and approve spending in the
colonies
Colonial legislatures often refused to
approve the salary of colonial governors if they didn’t do as the legislature wanted,
So the King or Parliament appointed colonial governors (central
government) Citizens of the colonies
elected local law making legislatures
Creating a federal governmental
system
So basically the federal system in the colonies looked like this..
London controlled
Defense, trade & foreign affairs.
Local governments controlled most everything else
All was good until the French & Indian War
British provide defense of the colonies
Now they want the colonies to pay for
the war
And furthermore they prohibit colonist to go
in the newly won territory.
Another defense issue
The proclamation of 1763 Protection from the Indians
So British Parliament
Imposed taxes on the American colonist
You know the ones..
The Stamp ActThe Townshend ActsSugar Act
This was the first time parliament (in London) passed laws affecting
American colonist
The colonist cried
“TAXATION WITHOUT REPRESENTATION”
These taxes are being passed without the consent of the American colonist..
Mr. Jefferson said this government has become destructive to the very thing it was designed to
protect
The colonist got a little crazy and destroyed property of the
government
So the king put the Boston area under
military rule
WE NEED A NEW GOVERNMENT!
The first try at a new government is:
Confederate
Democracy
No executive branch (I don’t know what
to call it)
It didn’t last