Unit 2 English Traditions. Magna Carta Restrict kings power No jail without a trial Cannot seize...
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Transcript of Unit 2 English Traditions. Magna Carta Restrict kings power No jail without a trial Cannot seize...
Magna Carta
• Restrict kings power• No jail without a trial• Cannot seize property without reason• Gave more people rights
Petition of Rights
• King Charles• No arrest or punishment without cause• Housing soldiers not allowed without
permission
English Bill of Rights
• Cannot keep standing armies in peace time• Can petition the king• Fair Trial• Debate in parliament
Enlightenment and Political Philosophies
• Enlightenment: Age of reason, world best understood by study of close observation and reason
Thomas Hobbes
• “Leviathan”• Government provides peace and security,
surrendering some rights in exchange
John Locke
• Social Contract: Rulers derived authority from consent of the governed. Gov must protect natural rights
• Natural Rights (life, liberty and property)• Second treatise of government (rejected
Divine Right)• Branch Government
Jean-Jocque Rousseau
• People must participate, social responsibility, freedom of religion, separation of church and state, basis of first amendment
American Documents
• Common Sense• Declaration of Independence• Articles of Confederation• Constitution
Most Americans did not want independence prior to the start of the conflict
Common Sense
• Thomas Paine• Who did the document blame?• What was the main purpose of the document?
Answer
• King George • Main purpose: authority of gov. officials
should originate in popular consent. Small island should not rule a big continent. Promoted American Republic, Americans should become independent
Declaration of Independence
• 3 Purposes? Unify colonies, secure foreign assistance, justify actions to the world
• Who wrote the document? Jefferson• Was the document based upon any other
documents? Yes
Declaration Cont.
• Divided into 3 parts1. Preamble2. List of Grievances3. Assert Independence
Get into groups and describe what you find in each part. Who is blamed in the document? For what? SOAPSTONE and draw
Declaration Cont.
• Preamble referred to natural rights
• 2nd Part attacked the king, imposing taxes without consent, keeping standing armies, obstructing trade
• 3rd Part asserted independence • Date that document was approved? July 4th 1776
Declaration Cont.
• What was the risk of signing the document? Subject to treason
• Influence on other nations? French
Declaration of Men
Articles of Confederation
• Strengths– Fight war– Make treaties– Northwest Ordinance
• Weakness– Only one branch of government– No power to tax– Cannot regulate interstate commerce
Why did they make it so weak?What kind of problems arose?
State Constitutions
• All had Bill of Rights• All had three branches• Voting limited to white males (usually land
owners)
U.S. Constitution
• Rhode Island did not send delegates• Federalist 10: Union needed to control
factions
Two Plans One Compromise
• New Jersey Plan (equality)• Virginia Plan (population)• Great Compromise– 2 Houses 1 equal 1 based upon population
Other things
• 3/5 Compromise• 3 Branches of Government• Economic Powers Given Government– Tax– Regulate interstate commerce– Custom duties
Constitutional Principles
• Popular Sovereignty • Limited Government• Separation of Powers• Checks and Balances• Congress• President• Courts• Judicial Review (Marbury v. Madison)• Federalism
Popular Sovereignty
• Define: Power rests with the peopleVoting is most common. Original Constitution had limited popular sovereignty House of Representatives
Checks and Balances
• Each branch checks on the other branches of government
• Legislative (approves nominees, ratifies treaties, overrides veto, impeach, declare war, budget, jurisdiction)
• Executive (nominates, veto, call special session, negotiate treaty, commander in chief)
• Judicial (declare acts unconstitutional)
Federalism
• Define: Shared power between national and state governments
• How is this different from unitary and confederation governments
Structure of the Constitution
• Article ILegislative branch
House (25, 7 years citizenship, resident)All revenue bills originate, impeach
Senate (30, 9 years citizenship, resident)Ratifies treaties and presidential
appointments conducts trial after impeachment
Cont.
• Elastic Clause (necessary and proper clause) • Writ of Habeas Corpus (show the body)
• Bills of Attainder (no trial)
• Ex Post Facto Laws (after the fact laws)
Cont.
• Article III– Judicial Branch– Appellate Jurisdiction (appeals)– Original Jurisdiction (where case is first heard)
Cont.
• Article IV– Interstate relations– Full faith and Credit (legal documents)– Privileges and Immunities – Extradition– New states need to draft a Constitution
Cont.
• Article V– Amending the Constitution– 2/3 of each house or national convention after
vote of state legislatures – Ratified by 3/4 of state legislatures or state
conventions
Cont.
Article VIISupremacy Clause: Constitution, treaties and laws of the U.S. Gov. are supreme over state laws.
Federalists and Antifederalists
• Federalists wanted the passage of the Constitution. More eastern urban areas
• Antifederalists did not want the passage (wanted states to have more power). More rural and western areas