Foundation of American Government

Foundation of American Government

1StandardSSCG1 The student will demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. a. Analyze key ideas of limited government and the rule of law as seen in the Magna Carta, the Petition of Rights, and the English Bill of Rights. b. Analyze the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), and Montesquieu (The Spirit of Laws) as they affect our concept of government.

2Thomas HobbesSocial contract - by contract people gave up to the state the power needed to maintain order. The state, in turn, agreed to protect the citizens.In Leviathan, Hobbes set out his doctrine of the foundation of states and legitimate governments - based on social contract theories. state of nature what life would be like without government.

Hobbes The state of nature inevitably leads to conflict, a "war of all against all" and thus lives that are "solitary, poor, nasty, brutish, and short" (xiii).

To escape this state of war, men agree to a social contract . Individuals give up natural rights for protection.Abuse of power is accepted for peace.Rebellion is expected when abuse is severe. Hobbes rejects separation of powersHobbes believes Monarchy is best form of government

LockeJohn Locke took social contract a step further. People were endowed with the right of life, liberty, and property. To keep these rights, they willingly contracted to give power to a governing authority. When government failed to preserve the rights of the people, the people had the right to break the contract.He influenced the American Declaration of Independence.

Locke The Two Treatises of Government by John Locke. Government is necessary because people have not figured out a way to live in groups without conflict.The Second Treatise outlines a theory of political or civil society based on natural rights and contract theory.

MontesquieuThe Spirit of Laws was published anonymously by Montesquieu.Montesquieu stressed separation of powersabolition of slavery preservation of civil libertiesrule of lawidea that politics and laws should reflect the social and geographical character of each particular community.

Closing: Match the Philosopher with the correct statementHobbes

Locke

Montesquieu

AristotleOne of the First to study government

Believed in Separation of Powers in government and Against Slavery

One of first to develop Social Contract Theory

Believes individuals have natural rights of Life, Liberty and PropertyMagna Cartalimited government shaped the constitutional government of the U.S.In 1215, King John of England was forced to sign the Magna Carta Magna Carta required King John to proclaim certain rights, respect certain legal procedures, and accept that his will could be bound by the law. writ of habeas corpus, allowing appeal against unlawful imprisonment.

9Petition of RightPetition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles I. The Petition of asserted four principles: no taxes may be levied without consent of Parliamentno subject may be imprisoned without cause shown habeas no soldiers may be quartered upon the citizenry martial law may not be used in time of peace.

English Bill of RightsThe English Bill of Rights names certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled. petition the monarch bear arms in defense It also sets out certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament.