Foundations of American Politics

1. Foundations of American Politics

2. I. Natural Rights Philosophy A. Rights are inalienable (John Locke & Thomas Jefferson) 1. Life 2. Liberty 3. Pursuit of Happiness (Property)

3. I. Natural Rights Philosophy B. Social contract to form governments to protect these rights (Locke) • In a state of nature, people have no government. • Violence threatens the rights of everyone but the strongest. • To protect these rights, people form governments (social contract).

4. I. Natural Rights Philosophy C. Right of revolution when gov’t. fails to protect rights (Jefferson) 1. Declaration of Independence 2. “To alter or abolish it” 3. “… and to institute new government …” 4. “ …deriving its just powers from the consent of the governed.”

5. II. Classical Republicanism A. Protecting the common good more important than individuals’ rights B. Aristotle noticed that the best government was formed by those who possess “Civic Virtues,” including Courage Wisdom 3. Self-control 4. Generosity C. Civic Virtue is taught through moral education based on community values D. Works best in small, uniform communities with shared values

6. III.Judeo-Christian Traditions A. Belief in One God 1. Source of our rights 2. “One Nation under God” 3. “In God We Trust” B. Dignity of each individual 1. We are created “in the image of God”. 2. “All men are created equal ...”

7. III.Judeo-Christian Traditions C. “Love One Another.” 1. Everyone should behave appropriately. 2. Respect other people’s rights and property.

8. III.Judeo-Christian Traditions D. Pursue Justice & Liberty 1. Historic Jewish struggle against oppression (i.e. Moses, Babylonian captivity) 2. Bible commands believers to seek justice

9. III.Judeo-Christian Traditions E. Respect for authority 1. Honor your parents 2. Obey the rules of society. 3. “Give unto Caesar what is Caesar’s”

10. IV. Divided Government A. Society has three competing groups (Aristotle) 1. Royalty (warrior leader) 2. Aristocracy (land-owners) 3. Commoners (merchants, artisans, etc.) B. Best gov’t. divided between each group (Montesquieu) C. Large republics must divide power between groups and locations (Madison)

11. V. English Legal Traditions A. Rights of Englishmen since 1215 1. Right to trial by jury 2. Security in one’s home from unlawful entry 3. No taxation without representation

12. V. English Legal Traditions B. Magna Carta (1215) 1. Feudal contracts were typical between kings and their vassals (warrior/aristocrats) 2. English barons reversed process & forced King John to sign charter to limit his actions 3. Established “Rule of Law” - that kings must follow the rules, too. 4. Outlined rules for prosecuting nobility who refused king’s requests for money & soldiers

13. V. English Legal Traditions C. Parliament created -- to be consulted by the King on war & taxes 1. House of Lords (nobles & bishops) 2. House of Commons (knights, merchants & craftsmen)

14. V. English Legal Traditions D. Habeas Corpus Act of 1678 1. Latin: “Release the Body” 2. Protects Liberty: Gov’t. can’t throw someone in jail without evidence of a crime 3. Prisoner’s lawyer can request a “writ of habeas corpus” from a judge to force gov’t. to share any evidence of a crime

15. V. English Legal Traditions E. English Bill of Rights (1688) 1. Right to trial by jury 2. No cruel & unusual punishments 3. Right to petition government 4. Right to bear arms for personal defense

16. V. English Legal Traditions F. Act of Toleration - allowed Protestant dissenters from Church of England to worship as they wished G. Freedom of the Press - Censorship of printed material repealed

17. VI. Basic Constitutional Principles A. Natural rights are unalienable 1. All are created equal with god-given rights 2. We have a social contract with gov’t to protect these rights. 3. We have the right to alter government when necessary

18. VI. Basic Constitutional Principles B. Stability necessary for a civil society 1. Defense against foreign enemies 2. Domestic tranquility 3. Establish justice

19. VI. Basic Constitutional Principles C. Popular sovereignty - political power comes from the people 1. Consent of the governed for taxation 2. Periodic elections to choose governing leaders 3. Majority rule; within constitutional limits

20. VI. Basic Constitutional Principles D. Republicanism (for the common good) 1. Ideal: government with civic virtue (But …Madison said: “If men were angels, we would need no government” - Federalist No. 51)

21. VI. Basic Constitutional Principles D. Republicanism (for the common good) 2. Practical: divided government with competing self-interests 3. Representative government

22. VI. Basic Constitutional Principles E. Constitutionalism - Rule of law 1. Gov’t. must follow the rules 2. Limited government - its actions must be consistent with the rules 3. System of checks and balances keeps any one interest from becoming too powerful or corrupt

23. VI. Basic Constitutional Principles F. Federalism 1. Separation of powers between national and local government 2. Federal supremacy clause 3. Powers not listed reserved to the states or the people

24. VI. Basic Constitutional Principles F. Federalism 4. Local “police” powers a. Public health b. Public safety c. Education d. Welfare e. Morals f. Transportation

25. VI. Basic Constitutional Principles G. Independent Judicial Branch 1. Designed to Referee between Competing Interests 2. Judges are treated differently from everyone else in government a. “Your Honor” not by name b. Dressed in black robes, not business attire

26. VI. Basic Constitutional Principles G. Independent Judicial Branch 3. Any judge can issue an order stopping any government activity he or she considers unfair, unreasonable, or in violation of the rules