Unit 1

Historical and
Philosophical
Foundations
of American
Government
 Essential Question
What Are the Philosophical and Historical
Foundations of the American Political System?
 Unit Overview
 Lesson 1: What Did the Founders Think about
Constitutional Government?
 Lesson 2: What Ideas about Civic Life Informed the
Founding Generation?
 Lesson 3: What Historical Developments Influenced
Modern Ideas of Individual Rights?
 Lesson 4: What Were the British Origins of American
Constitutionalism?
 Lesson 5: What Basic Ideas about Rights and Constitutional
Government Did Colonial Americans Hold?
 Lesson 6: Why Did American Colonists Want to Free
Themselves from Great Britain?
 Lesson 7: What Basic Ideas about Government and Rights
Did the State Constitutions Include?
 Unit 1 Purpose
This unit provides an overview of some important
philosophical ideas and historical events that
influenced the writing of the Constitution.
This unit also offers a frame of reference and basis
for understanding the other units in this text.
Following this unit, you will appreciate why our
history as a people has been a great adventure in
ideas and in trying to make these ideas a reality.
Lesson 1: What
Did the Founders
Think about
Constitutional
Government?
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Slideshow Accompanies The Center for

Civic Education’s “We the People: The
Citizen & The Constitution” Curriculum
 Lesson 1 Purpose

This lesson introduces the basic ideas and

experiences the founding generation drew on to
create the kind of government they believed would
best protect natural rights and the common good.
Participation in colonial self-government and early
America’s diversity fostered rich dialogue about the
purpose of government and how it should be
organized.
 Lesson 1 Objectives

 Describe the diverse features of the early American colonies

and their populations.
 Explain what the Founders learned about government from
history and their firsthand experiences of government and
how this shaped their thinking.
 Explain the meanings of the terms “constitution” and
“constitutional government” and describe the forms of
constitutional governments.
 Evaluate, take, and defend positions on
 the sources that should be consulted if a new constitution were written
today.
 whether the founders’ concerns about abuse of power are still valid.
 the importance of written Constitutions.
 Lesson 1 Terms & Concepts

 constitution
 A plan of government that sets forth the structures and powers of government. In democracies, a constitution
is an authoritative law through which the sovereign people authorize a government to be established and grant
it certain powers.

 constitutional government
 Limited government; the rule of law. A form of government in which a written, unwritten, or partly written
constitution serves as a higher or fundamental law that everyone, including those in power, must obey. The
rule of law is an essential feature of constitutional government.

 democracy
 Literally defined as "rule of the people," democracy is a form of government in which all citizens exercise
political power, either directly or through their elected representatives.

 forms of government
 (1) Aristotle's idea of three forms of government based on the number of people exercising power. Each has a
"right" form and a "corrupt" form. The right form of government by a single person is a "monarchy." The right
form of government by a few people is an "aristocracy." And the right form of government by many people is
called "polity." (2) Types of democratic governments. For example, parliamentary systems, such as those of
Britain and India; separation of powers systems, such as that of the United States; and presidential systems,
such as that of France. (3) General forms of government, such as monarchies, republics, and autocracies.
 Lesson 1 Terms & Concepts
 limited government
 In natural rights philosophy, a system restricted to protecting natural rights that does not interfere with
other aspects of life. More generally, limited government is constitutional government governed by the
rule of law. Written or unwritten constitutions are used to empower and limit government.
 Parliament
 The British legislature, which consists of two houses: the House of Lords, which once represented the
nobility, and the House of Commons, which formally represents the common people. Most members of
the House of Lords are appointed for life by the government of the day and are not members of the
hereditary aristocracy, who once dominated it.
 republic
 According to James Madison, a form of government that derives its powers directly or indirectly from the
people, is administered by officials holding power for a limited time, and incorporates representative
institutions.
 unwritten constitution
 The body of political practices developed through custom and tradition. Only three of the world's major
democracies have constitutions that are not single, written documents: Britain, Israel, and New Zealand.
In each of these nations, the constitution is a combination of written laws and precedents.
 written constitution
 A written plan of government that sets forth the structures and powers of government.
 Characteristics of Colonial America

Europeans first settled two

centuries before the Treaty of
Paris (1783)
Native American Population on
the Decline (war, disease)
Diverse European backgrounds
(German, French, Dutch)
 Came for religious (Puritans) and
economic (Jamestown) reasons
 Characteristics (cont…)

Vast estates in Middle to

South, smaller towns in
New England
Southern farms grew
export crops, were
larger with many more
slaves
New England –
subsistence farming,
livestock, local markets
 How Did The Founders Learn About Government?

Read classical texts about

gov’t & politics (Aristotle)
Studied newer 16th & 17th
c. philosophers (Locke)
Also fell back on 150
years of local self-
government
 Free white men served on
juries, attended town
meetings, and voted in local
elections
 What did the Founders Learn?

Government should
be a servant, not the
master, of the people
A fundamental higher
law, or constitution,
should limit
government
 Forms of Government

Aristotle’s forms of government

 Rule of One= Monarchy (corrupt = Tyranny)
 Rule of Few= Aristocracy (corrupt = Oligarchy)
 Rule of Many= Polity (corrupt = Democracy)

Aristotle feared that in a direct democracy, the poor

would seize the wealth of the rich through warfare

Founders favored a representative (republican) form

of government
 What is a Constitution?

Def: A plan that sets forth the structure and powers

of a government
Constitutional government also means limited
government
 Government limited by the provisions of the constitution
Written Constitutions are controversial since it
involved interpretation, change, and the power of
who has the final say
 Characterizing Higher Law

Different from legislative statute in following ways:

 Sets forth basic rights of citizens
 Establishes responsibility of the gov’t to protect those rights
 Establishes limitations on gov’t power regarding rights,
distribution of resources, and conflict management
 Can be changed only with consent of the people and according
to established procedures
 Characterizing Higher Law

Different from legislative statute in following ways:

 Sets forth basic rights of citizens
 Establishes responsibility of the gov’t to protect those rights
 Establishes limitations on gov’t power regarding rights,
distribution of resources, and conflict management
 Can be changed only with consent of the people and according
to established procedures
 Lesson 2: What Ideas
about Civic Life
Informed the
Founding
Generation?

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Civic Education’s “We the People: The
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 Lesson 2 Purpose

People’s judgment about government may reflect

ideas about human nature, the proper function and
scope of government, the rights of individuals, and
other values.
Political philosophers have discussed these matters
for thousands of years.
This lesson examines important concepts such as the
common good, civic virtue, the state of nature,
natural rights, consent, and the social contract.
 Lesson 2 Objectives

Describe how and why natural rights philosophy

differs from classical republicanism.
Describe how both systems of thought influenced the
founding generation.
Explain challenges society faces when it strives to
preserve the rights to life, liberty, property, and the
“pursuit of happiness,” while also promoting the
common good and civic virtue.
Evaluate, take and defend positions on
 the importance of civic virtue today.
 the role of political philosophy in thinking about government.
 Lesson 2 Terms & Concepts

 civic virtue
 The dedication of citizens to the common welfare of their community or country,
even at the cost of their individual interests. Traditionally considered most
relevant to republics, since republican citizens are responsible for the well-being
of their country.
 classical republicanism
 The ideals and practices of ancient Greek or Roman city-states that emphasized
civic participation and the responsibility of citizens for the well-being of their
polity, or country. Acts by citizens that placed the public good, or common
welfare, above private interest were especially prized.
 common good
 The good of the community as a whole, as contrasted with private interests that
may conflict with public interest. Also known as the public good.
 consent of the governed
 Agreement by citizens to obey the laws and the government they create. Consent is
the foundation of government's legitimacy.
 Lesson 2 Terms & Concepts
 divine right
 The idea prevalent in early modern Europe that monarchs derive their authority directly from God.
Adherents to this doctrine claimed that to disobey such monarchs, to attempt to replace them, or to
limit their powers is contrary to the will of God. Also known as the divine right of kings.
 inalienable rights
 Fundamental rights inherent to being human that every person therefore possesses that cannot be
taken away by government or another entity. This phrase was used in the Virginia Declaration of
Rights and the Declaration of Independence.
 natural rights
 The doctrine that people have basic rights, such as those to life, liberty, and property in a state of
nature. Some writers, especially those influencing the American Founders, argued that certain of
these rights are inalienable-inherent in being human-and that people create governments to
protect those rights.
 political legitimacy
 Acceptance by the governed that the claim to authority by those who govern is justified. In
democratic societies, legitimacy is achieved only when those who govern gain power through the
free consent of the governed in free and fair elections.
 popular sovereignty
 The natural rights concept that ultimate political authority rests with the people.
 Lesson 2 Terms & Concepts
 pursuit of happiness
 An "unalienable" right stated in the Declaration of Independence. It is the right of Americans to pursue
personal fulfillment in their own way, so long as they do not infringe on the rights of others. Within certain
limits, this right denies the legitimacy of government to decide what kind of happiness one ought to seek.

 right to revolution
 The right of the sovereign people of any democratic state or regime to depose a government after it has
attacked citizens' basic rights for a significant period of time. This right, espoused by English philosopher
John Locke, was asserted in the Declaration of Independence to justify separation from Britain and the
overturning of the authority of King George III.

 social contract theory

 Presumption of an imaginary or actual agreement among people to set up a government and obey its laws.
The theory was developed by the English natural rights philosopher John Locke, among others, to explain
the origin of legitimate government.

 state of nature
 The condition of people living in a situation without government; anarchy. Natural rights philosophy
inquired about what rights, moral rules, or laws applied in such circumstances and what rights, if any,
people retained after agreeing to leave the state of nature to form a politically organized society or state.
 The Founding Generation’s Values

Classical Republicanism (Ancient Rome)

 Place the needs of people as a community above individual liberty
and self-determination (Promoting the common good)
Three Main Aspects of Classical
Republicanism
 Small, uniform communities
 Good gov’t is only possible in
small communities because people
are able to know and care for one other
and discern the common good.
 The Founding Generation’s Values (Cont…)

 Citizenship & Civic Virtue

 Citizens should set aside personal interests to
promote common good. (ex. Cincinnatus /
Washington)

 Moral Education
 Children must learn
 rituals & values of society
 skills to speak & reason well

 Values of civic virtue

 Skills to participate in political debate

The Role of Philosophy in the Study of Gov’t

New philosophies challenges

Divine Right of Kings in 1600s
 Idea that monarchs derive their
authority to rule from God
New thinkers suggested that self-
government was required for
social peace and a just society.
Natural Rights philosophy
suggest what life would be like in
a complete state of nature (no
government)
 Natural Rights Philosophy

Social Contract Theory

 17th c. - Thomas Hobbes
proposes that people enter a
contract with government to
maintain stability & peace.
 John Locke
 People possess inalienable rights
(life, liberty, property)
 Government protects natural
rights, but can be replaced if it
fails to protect those rights
 Natural Rights’ Influence on the Founders

Individual Rights
 Inalienable rights exist regardless of wealth, social status, or birth.
Popular Sovereignty
 The government derives its authority from the people. (social
contract)
 People have the right to create whatever government they feel is
best.
Limited Government
 Authority is limited by the purpose for which government is
created.
Human Equality
 All people are free from another’s control and are equal to
another.
 Colonial American enjoyed more social equality than Europe, but
huge social inequalities remained. (SLAVERY)
Lesson 3:
What Historical
Developments
Influenced
Modern Ideas of
Individual Rights?

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Civic Education’s “We the People: The
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 Lesson 3 Purpose

The previous lessons explored philosophical ideas

that shaped the Founders’ thinking about
constitutional government and civic life.
This lesson examines important historical
developments that also influenced their ideas.
 Lesson 3 Objectives

Explain the differences between classical

republican and Judeo-Christian ideas about the
importance of the individual.
Explain how certain historical development
influenced modern ideas about government,
constitutionalism, and individual rights.
Evaluate, take, and defend positions on
 Approaches to theories of morality
 The importance of the rise of capitalism
 How the enlightenment inspired the founders.
 Lesson 3 Terms & Concepts

 capitalism
 An economic system in which the means of producing and distributing goods are privately
owned and operated for profit in competitive markets.

 city-state
 A politically independent community consisting of a city and its surrounding territory.

 feudalism
 A system of social, economic, and political organization in Europe from the ninth to about
the fifteenth century in which a politically weak monarch shared power with the nobility.
The nobility required work and services from the common people, known as serfs, in
return for allowing them to live on and make use of the noble's land and benefit from the
noble's protection.

 Judeo-Christian
 Ideas, beliefs, and practices that have their historical roots in Judaism and Christianity.
 Lesson 3 Terms & Concepts

nation-state
 As currently used, a country; the standard unit of political organization in
the world. The nation-state received its name from the idea of a people,
or "nation," organizing itself politically for self-rule. Many countries
today, however, are composed of two or more distinct peoples.

private morality
 An individual's ideas about right and wrong to be practiced in one's
personal life. These are derived from religious, philosophical, familial,
and other sources, including individual conscience.

public morality
 The values and principles of right and wrong pertaining to public policies
and actions.
 Judeo-Christian Heritage of Human Rights

Greek & Roman = Public Morality

 Virtues important for acting in the
community
Judeo-Christian = Private Morality
 Virtues of inner faith & obedience to God
Christian teaching of individual dignity
& worth contributed to Founders’ belief
in individual rights
The church was a major unifying social
institution during the Middle Ages,
however…
 Political loyalties remained local
 No nations (in modern sense) to compete for
loyalties
 European Concepts of the Individual & Society (Middle Ages)

Feudal Society
 Highly fragmented, isolated
communities
 “Land for service”
 Class system with strict rights &
responsibilities (Royalty, serf)
 Hierarchical – no equality among
groups and classes
 Social relationships were permanent
& hereditary
 Property only gained or passed on
through inheritance
 No concept of natural rights belonging
to individual
 The Renaissance
“Rebirth” – period marked by revival
of intellectual life in Europe (14th c.)
Educated people rediscover ancient
Greek & Roman culture & teachings
Protestant Reformation & printing
press encourage people to read and
form opinions for themselves
This spirit developed into modern
individualism
 Many begin to challenge authority of
the church and established institutions
 Rise of the Nation-State

1648 – Peace of Westphalia: national

sovereignty was agreed upon among
several nation-states
Each “nation-state” had a right to an
independent existence with its own
institutions (gov’t & religion)
People begin to think of themselves
as members of a nation, with public
rights and duties.
Political thought now shifted to what
kind of gov’t would be best.
 Capitalism – The New Economic System

The means of producing and distributing goods and

services became privately owned and operated for
profits in competitive markets
More choice of occupations, shifting attention to
private interests (away from common good)
Many became wealthy
through commerce, not just
inherited land (a challenge to
royalty)
Power begins to shift towards
rising class of capitalists
 The Enlightenment

18th c. period of scientific &

intellectual movement
Philosophers embrace scientific
reasoning (Locke, Hobbes) in study
of government
 Ideas founded on notion that human
behavior could be understood, predicted,
and controlled
Founders believed that through
reason, observation, and the study
of philosophers’ writings, they could
understand the workings of
government and social institutions.
 Lesson 4:
What Were the
British Origins of
American
Constitutionalism?

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Civic Education’s “We the People: The
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 Lesson 4 Purpose

This lesson describes the evolution of British

constitutional government.
It examines the early stages of English government
in the feudal period.
It also traces the development of representative
institutions in England, English common law, the
relationship between legal and constitutional
structures, and the difference between British and
American constitutionalism.
 Lesson 4 Objectives

Explain how rights and representative

government evolved in England and how this
evolution influenced the Founders.
Identify the origins of some of Americans’ most
important constitutional rights.
Evaluate, take, and defend positions on
 The influence of the Magna Carta on the development of
rights.
 The importance of habeas corpus and trial by jury.
 Lesson 4 Term & Concepts

 Common Law
 The body of unwritten law developed in England from judicial decisions based on
custom and earlier judicial decisions. Constitutes the basis of the English legal system
and became part of American law, except in Louisiana, which inherited its civil law
system from France.
 Magna Carta
 King John of England agreed to this document in 1215… The Magna Carta granted
certain civil rights and liberties to English nobles and to all "freemen," such as the
right to a jury of one's peers and the guarantee against loss of life, liberty, or property
except in accordance with law. Some rights were guaranteed for all the king's subjects,
free or not free. In doing so, the Magna Carta limited the power of the king, who
agreed that his will could be bounded by law, and became a landmark in the history of
constitutional government
 Precedent
 Previous court decisions upon which legal issues are decided.
 Redress of Grievances
 The correction of complaints. The First Amendment protects the right of the people to
petition government to obtain remedies for claimed wrongs.
 Lesson 4 Terms & Concepts (Continued)
 Rights of Englishmen
 Refers to certain historically established rights, beginning with the rights of the
Magna Carta, that all English subjects were understood to have. These included the
right not to be kept in prison without a trial, the right to trial by jury, security in one's
home from unlawful entry, and no taxation without consent, among others.
 Rule of Law
 The principle that both those who govern and those who are governed must obey the
law and are subject to the same laws. This principle is contrasted to the "rule of men,"
in which those in power make up the rules as they please. The rule of law requires an
independent judiciary that is immune from political or other manipulation.
 Stare Decisis
 Latin: "Let the precedent (decision) stand." The doctrine that a court should follow
the previous decisions of other courts on cases in which the facts are substantially the
same. This principle plays a key role in common law systems such as those of Britain
and the United States.
 Writ of Habeas Corpus
 Latin: "You shall/should have the body." A court order directing that a prisoner be
brought to court before a judge to determine whether that prisoner's detention is
lawful.
 Roots of English Government

After fall of the Roman Empire, England divided into

tribes
1066 – William the Conquer unites tribes into a single
Kingdom. (Establishes Feudalism)
English monarch
 Made laws
 Supervised law enforcement
 Heard court cases
 Defended the kingdom
The kings advisers evolved into
Parliament & the Royal Court
 Parliamentary Government Begins

1295 - Edward I summons “Model

Parliament”
 2 Representative Parts (Houses)
 House of Lords: Nobility & Church officials
 House of Commons: Citizens & Knights (w/ wealth
& status)
For monarchs, Parliament was a
convenient way to negotiate with all of the
country’s interests at once
English subjects found it to be an effective
way to voice grievances & limit monarchs
power
 The Development of “Common Law”

To simplify complicated web of local

legal systems, William the Conqueror
creates a common law for entire
kingdom
Judges required to publish decisions
(creates precedents used to decide
future cases)
This system establishes predictability
and stability to laws
 The “Rights of Englishmen”

Rights of Englishmen
 Over time, monarchs and judges came to recognize certain personal
rights (trial by jury of one’s peers)
Magna Carta (1215) – King John forced to sign a charter
confirming certain traditional rights
 Rule of Law
 Every member of society (even Monarch) must obey laws
 Outlaws arbitrary government
 Basic Rights
 Establishes redress of grievances (compensation for loss or wrong done
to those if the Crown infringes on their common law rights)
 Government by Contract
 Established principle of drawing up agreements between parties as a
basis for legitimate government
 The British Constitution

Not a single document, instead consists of common

law, important acts of Parliament, and tradition.
Important documents include Magna Carta (1215),
Petition of Right (1628), English Bill of Rights
(1689).
Habeas Corpus Established
 Government must justify why a person is held in custody.
 Limits government from jailing persons arbitrarily or
indefinitely
 English Bill of Rights

Influences on Founders
 Rule of Law
 Restated idea in Magna Carta that rule of
law is the foundation of limited
government
 Representative Government
 Only representative government is
legitimate
 Americans reject representation by social
classes, instead favoring the idea of social
equality
Lesson 5: What Basic
Ideas about Rights and
Constitutional
Government Did
Colonial Americans
Hold?

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Civic Education’s “We the People: The
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 Lesson 5 Purpose

This lesson describes how basic ideas of

Constitutional government were developed and used
in the American colonies before independence.
It also explains how social and economic conditions
in America sometimes required old ideas about
government to be adapted or discarded.
Occasionally the colonists needed to create entirely
new institutions.
 Lesson 5 Terms & Concepts

 Charter
 A written document from a government or ruler that grants certain rights to an
individual, group, organization, or to people in general. In colonial times, a charter
granted land to a person or company along with the right to found a colony on that
land.
 Constituent
 A person represented by an elected official.
 Covenant
 A binding agreement made by two or more persons or parties. In Protestant
churches during the Reformation, a covenant was an agreement made in the sight
of God. The Mayflower Compact was such a covenant.
 Indentured Servant
 A person who voluntarily sold his or her labor for a set period of time in return for
the cost of passage to the American colonies. Indentured servants provided the
most important source of labor in the colonies in the seventeenth century and for a
large part of the eighteenth century.
 Lesson 5 Terms & Concepts (Continued)

Magistrate
 A lower-level judicial officer, usually elected in urban areas, who
handles traffic violations, minor criminal offenses, and civil suits
involving small amounts of money. More generally, magistrate
means public official.
Mayflower Compact
 An agreement to form a political body signed on November 21,
1620, by all adult males aboard the Mayflower before the ship
landed in Plymouth, Massachusetts. The signers agreed to submit
to "just and equal Laws" put into effect under the compact "for the
general good of the Colony."
Suffrage
 The right to vote.
 Lesson 5 Objectives

Describe the early development of America’s traditions of

constitutional government.
Explain why American colonists attached special
importance to such constitutional principles as written
guarantees of basic rights and representative government.
Evaluate, take, and defend position on
 The differences between life in colonial American and in England
during the same period.
 The relationship between natural rights theory and slavery in
America
 How natural rights philosophy and history help to explain the
colonists’ views of the proper role of government.
 Colonial Settlements =
Constitutional Experiments

England provided two incentive plans for

settlers
 Royal Proprietorship (11 of 13 colonies)
 Land given to friends of the king
 Proprietors then found ways to lure settlers to
their colony
 Joint-Stock Company (Virginia)
 Land given to companies in order to generate
profits (business)
Mayflower Compact
 Pilgrims lay foundation for Massachusetts gov’t
 Early example of social contract theory
 The Unique American Experience

Higher wages and more land

available
Colonists ignore many English land
customs (primogeniture: land passed
down to eldest son)
Wealth & family name did not mean
automatic success / Ambition & hard
work as, if not more, important for
success
The chance to improve one’s life
became a fundamental ideal of
America
 The Rights of Colonial Charters

Many royal charters (written documents that

granted rights) echo ideals of Magna Carta
Tradition of expressing rights in writing became an
essential part of American constitutions
Examples of rights granted
 Habeas Corpus
 Trial by Jury
 Right to own property
 Avoid self-incrimination
 Free from cruel & unusual
punishment
 Whose Rights Were Excluded?

In some colonies the following rights were

restricted
 Only Protestant White Men could vote
 Women not granted political rights
 ½ to 2/3 immigrants were indentured servants
(similar to slavery until period of indenture ended)
 Native Americans treated as foreigners, often removed
from land
 African slavery
 1760 - 20% of population
 Treated as property, denied basic human rights
 Colonial Ideas of Constitutional Gov’t

Fundamental Rights
 Started as fundamental rights of Englishmen
 Developed into protections under natural rights philosophy
Rule of Law
 Government official must obey the laws and could not exercise
power arbitrarily
Separation of Powers
 Legislatures – Make laws
 Governors - Enforce laws
 Courts – Interpret laws
 Colonial Governments:
More Representative Than Britain?

Property requirements for voting

Land in American relatively easily to
obtain, so % of eligible voters larger
than in England
Colonial legislatures served shorter
terms, meaning more voter choice
Members of colonial legislatures
needed to live in the district they
represented, unlike England
Lesson 6:
Why Did American
Colonists Want to Free
Themselves from Great
Britain?

Created by Tom Driscoll

http://driscoll-class.wikispaces.com/

Slideshow Accompanies The Center for

Civic Education’s “We the People: The
Citizen & The Constitution” Curriculum
 Lesson 6 Purpose

The growth of the American colonies raised issues

with Great Britain that were difficult to resolve
peacefully.
This lesson describes the circumstances that
produced the Declaration of Independence and the
major ideas about government and natural rights
included in that document.
 Lesson 6 Objectives

Describe the British policies that some American colonists

believed violated basic principles of constitutional
government and their rights as Englishmen.
Explain why Americans resisted those policies and how
that resistance led to the Declaration of Independence.
Evaluate the arguments that the colonists made to justify
separation from Great Britain.
Evaluate, take, and defend positions on
 Violations of colonists’ rights before the Revolution.
 Important questions about the meaning and implications of the
Declaration of Independence.
 Lesson 6 Terms & Concepts
 Compact
 A formal contract or agreement between or among two or more parties or
states. (ex. The Mayflower Compact of 1620)
 Law of Nature
 In natural rights philosophy, moral rules found out by correctly applied reason
or right reason, telling persons what they may and may not do in various
circumstances. In philosophy, laws of nature have often referred to the rules
that would prevail in the absence of man–made law. Natural law is conceived
to contain standards of justice that apply to all people.
 Sovereignty
 The ultimate, supreme power in a state. Democratic theory states that the
people as a whole are sovereign; the citizens of the United States constitute the
sovereign people.
 Writ of Assistance
 A document giving a governmental authority the power to search and seize
property without restrictions. Abolished in American law, the use of such writs
by the British government was a major issue during some phases of the
 A Change in British Policy
Generations of colonists had little
interference from British government in
their daily affairs.
However, in 1763
 Britain wants colonists to help pay for war
w/ French (7 Years War, 1756-1763)
 Proclamation Act ‘63– Bans colonial
settlements west of Appalachians
 Stamp Act ’65 – New taxes on colonists to
raise revenue
 Quartering Act ‘65 – Required colonists to
shelter British troops in their homes
 Colonial Resistance

New restrictions & taxes caused some economic

hardship & challenged colonists’ understanding of
representative government.
“No taxation w/o representation.”
Sons of Liberty help organize popular resistance.
 Rarely used violence, but political agitation precipitated crowd
action.
 Colonial Resistance (Continued)
 ’66 – Parliament repeals Stamp Act, but
passes Declaratory Act, which asserts
Britain's full power & authority over
colonies.
 Parliament offers Writs of Assistance to
officials to search & seize colonial property.
 ‘70 – Clash between British Troops and
colonists, 5 colonists killed (Boston
Massacre)
 ’73 – Colonists protest Tea Act by dumping
45 tons of tea into Harbor (Boston Tea
Party)
 British Respond with “Intolerable Acts”
 Closed Boston Harbor, granted more power to
Royal Governors, limited town meetings, authorized
British troop occupation
 Organized Resistance

‘74 – Colonial representatives meet in

Philadelphia , vote to ban trade w/ Britain
(1st Continental Congress)
Radical colonists plan to overthrow gov’t
since it no longer protected colonists’
rights. (Minutemen)
‘75 – British march to Concord, MA to
seize hidden arms & ammunition & arrest
Patriot leaders
Revere rides through countryside
warning that …
“Shot heard round the world…”
 Purpose of the Declaration

Continental Congress appoints

committee to prepare a declaration
of independence from Britain
Jefferson’s draft rejects the British
government’s sovereignty over the
colonies
The Founders knew it was
important to justify this action to
other nations and to identify the
basic principles of a legitimate
government
 The Declaration’s Main Arguments & Ideas

The Declaration renounces the monarchy and appeals

to natural rights common to all
Asserts ideal of popular sovereignty
Natural Rights
 Constitutions & governments cannot violate them
 Social Contract
 Human Equality
 Humans are politically equal, neither God nor nature
appointed some at birth to rule over others
Government by Consent
 People grant consent to gov’t to protect natural rights
 The Declaration’s Main Arguments & Ideas
“A Long Train of Abuses”
 Destroying colonial legislatures
 Limiting role of colonial judges
 Keeping standing British armies in peacetime
 Quartering soldiers among civilian population
 Imposing taxes without colonial consent
 Depriving colonists trial by jury
 Changing constitutions of colonial government
Right of Revolution
 If British government has become corrupt and fails to
perform its proper duties, colonist have right to
establish their own free and independent nation
Lesson 7:
What Basic Ideas
about Government
and Rights Did the
State Constitutions
Include?

Created by Tom Driscoll

http://driscoll-class.wikispaces.com/

Slideshow Accompanies The Center for

Civic Education’s “We the People: The
Citizen & The Constitution” Curriculum
 Lesson 7 Purpose

After declaring Independence, the Founders

designed new state government to protect individual
rights and promote the common good
This lesson shows how the Constitution of
Massachusetts in particular was designed to achieve
these ends.
It also shows how State constitutions served as a
model and had great influence on the development
of the U.S. Bill of Rights.
 Lesson 7 Terms & Concepts
Checks & Balances
 In American constitutional thought, distributing and
balancing the powers of government among different branches
so that no one branch or individual can completely dominate
the others.
Legislative Supremacy
 A system of government in which the legislative branch has
ultimate power. Parliamentary government is such a system.
Veto
 The 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. Under the U.S. Constitution, it is the
power of the president to refuse to sign a bill passed by
Congress, thereby preventing it from becoming a law
 Lesson 7 Objectives

Explain the basic ideas about government and

rights that are included in state constitutions.
Explain how the experiences of the states in
developing their constitutions and bill of rights
influenced the framing of the US Constitution and
Bill of Rights.
Evaluate, take, and defend positions on
 The theory of legislative supremacy.
 The importance of the Virginian Declaration of Rights,
and the role of declaration of rights in early state
constitutions.
 The Colonies’ Status Following the Declaration

States were not yet a “country,” only united by fight

against Great Britain
Between ‘76 – ’80, each stated adopted a new
constitution
 All based upon natural
rights, rule of law,
republicanism, and
constitutional gov’t
 Basic Ideas of State Constitutions

Higher Law and Natural Rights

 Constitutions limit governmental power
 Purpose of gov’t is to protect natural rights
Social Contract
 Each constitution created through an agreement w/ the people
Popular Sovereignty
 Ultimate governing authority rests with the people
Representative Government
 All legislature composed of representative elected by voters
 Basic Ideas of State Constitutions

Legislative Supremacy
 Legislatures (makes laws) most powerful branch
 Leg. Most capable of reflecting will of the people
 Executive (enforces laws) is less accountable to people and
should not be trusted with too much power
 Judiciary (judges) should not be trusted w/ too much power
either
Checks & Balances
 Parts of each legislature checked (limited) power of other
 Usually done through multiple houses (House of Reps &
Senate)
 How Did Massachusetts Differ?

Strong Executive
 Governor popularly elected
 Governor’s salary was fixed (could not be changed by Leg.)
 Governor could revise laws, appoint Leg. officials and judges
Representation of Various Economic Classes
(Classical Republicanism)
 Large Property Owners = Can elect governor (Executive)
 Mid-level “ “ = Can elect upper house members (Legislative)
 Low-level “ “ = Can elect lower “ “ “ “ ““
 The Virginia Declaration of Rights

Listed specific rights of the

people, including:
 Freedom of the press
 Rights of criminal defendants
 Gov’t cannot deprive natural rights
 All power is derived & kept by the
people
 Gov’t is instituted for common
benefit, protections, and security.
If not, it can be abolished. (Class.
Repub., Social Contract)
 Freedom of religion