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The Origins of American Government: A Primer

The Origins of American Government: A Primer. Anthony Fitzpatrick. The Magna Carta. 1215: King John agrees to – Preserve the Freedom of the Church and to hear petitions from the barons. Remove foreign armies from England. Not to seize land to pay for debts.

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The Origins of American Government: A Primer

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  1. The Origins of American Government: A Primer Anthony Fitzpatrick

  2. The Magna Carta • 1215: King John agrees to – • Preserve the Freedom of the Church and to hear petitions from the barons. • Remove foreign armies from England. • Not to seize land to pay for debts. • Not to take life or liberty without due process or repayment. • Not to delay court proceedings or punish without hearings from witnesses • Repay unjust fines and not issue extreme punishments

  3. Tested: The Petition of Right • King Charles disbands parliament. Sir Edward Coke presents a list of complaints: • Denying due process • Unjustly taking property • Denying trial by jury • Unjust punishments and fines Charles is beheaded in 1649 = Law over monarch.

  4. The Glorious Revolution provides the English Declaration of Rights and Toleration Act -1689. • 1688 – William and Mary accept the laws as a condition of ascending to the throne. • Freedom of Religion (for Non-Anglican protestants) • Freedom of Speech for Parliament (during debate) • Peaceful assembly and right to petition. • Bear arms. • Protection of property and liberty • Rights of the accused and criminals

  5. The Mayflower Compact and the Body of Liberties • 1620 – Compact establishes a social contract. • 1641 – Body of Liberties • Free Speech and Petition • Just compensation for property taken for public use • Protection from Double Jeopardy • Trial by Jury and right to counsel • Protection from cruel punishment and excessive bail.

  6. John Locke: Two Treatises of Government (1690) • Men are by nature FREE and EQUAL and they own their own person and possessions. • People must unite into a community for their comfortable, safe, and peaceable living” in order to defend their rights. • The purpose of government is to protect individual natural rights (life, liberty, property)

  7. Baron de Montesquieu • A divided and balanced government was the best way to safeguard against tyranny and a consolidation of power into one particular interest. • Montesquieu admires the British construct of government.

  8. Thomas Paine: Common Sense • Asserts the values of an electoral process as a remedy against the problems of heredity as an avenue to hold public office. • A mixed state (as promoted by Locke and Montesqueiu) is not sufficient)

  9. Let’s SPEC! • Let’s first SPEC some of the aSPECts of the key points. • Then – we will examine excerpts of the text to see if our assertions hold true. • Finally – generate lesson ideas.

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