Thursday, December 11, 2008

Lesson Fifteen: What Conflicting Opinions Did the Framers Have about the Completed Constitution?

Terms to Know:
None.
Question and Answer:
1. Why is the Constitution sometimes described as “a bundle of compromises”?
· Compromise means that everyone gets less than they wanted. There were enough compromises that everyone had something they did not like.
2. What was Benjamin Franklin’s opinion of the Constitution crafted by the Framers?
· He thought it was imperfect, but he thought it was a good idea because he doubted there would ever by such a convention as the one that proceeded to create a better Constitution.
3. Why did George Mason refuse to sign the document?
· Please just read 81-82 for full description. Thanks.

15

still doing it but it shouldnt take me too much longer...

Lesson Fourteen: What Powers Were Granted to the Executive and Judicial Branches?

Terms to Know:
Appellate Jurisdiction-the legal authority of a court to hear appeals from a lower court
Balance of Power-the division of governmental powers in such a way that no one individual or group can dominate or control the exercise of power by others
Electoral College-the group of presidential electors that casts the official votes for president after a presidential election; each state has a number equal to the total of its members in the Senate and House
Electors-a group of persons selected by each state party to vote for that party’s candidate for President and Vice President if the party’s candidates win the popular vote in the general election
Executive Power-the powers of the executive branch of the federal government
Executive Departments-cabinet-level agencies in the federal government
Impeach-look at lesson 13 for definition
Judicial Review-the power of he courts to declare laws and actions of the local, state, or national government invalid if the courts decide they are unconstitutional
Legislative power-the power to right and enact laws
Original jurisdiction-the legal authority of a court to be the first to hear a case
Veto-the constitutional power of President to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law; the president’s veto may be overridden by a two-thirds vote of both the Senate and House of Representatives
Question and Answer:
1. What issues did the Framers have to decide regarding the organization of the executive branch of government and how did they resolve these issues?
· The issues that they faced included how much power to give the President, and what would be the proper balance of power? To resolve these issues, they created a single executive, who would be easier to watch. They decided the term would be four years, so that no person would get to comfortable in office. Also, the President had to be re-elected to remain in office.
2. How did the Framers make sure the executive branch would have enough power to fulfill its responsibilities, but not so much power that it could dominate the other branches of government?
· The Framers limited executive power by making this branch share much of its power with the legislative branch. Shared powers include: veto, appointments, treaties, and war. Please see pages 75-76 for a more complete description of shared powers.
3. What is the Electoral College and why did the Framers decide to create it?
· Please refer to “Terms to Know” section for definition. The Framers created it because it was the best solution as far as who would select the President. The Congress selecting the President would be a disaster because of the concept of “balance of power”, but in such a large country who else would know these people well enough to actually make an informed decision. They decided the electoral college as good for reasons listed on page 77.
4. What is the difference between “original jurisdiction” and “appellate jurisdiction”?
· Two types of jurisdiction given to the Supreme Court. “original Jurisdiction” basically says that these are the types of cases that can only be heard by the Supreme Court such as those involving state government, disputes among states, and cases involving ambassadors. “Appellate jurisdiction” means cases that have been heard in lower courts but are being appealed in the Supreme court.
5. Why did the Framers provide that the judges would be appointed by the President, rather than elected by the people? Why did the Framers provide that judges would keep their positions “during good behavior”?
· Appointing them meant removing judges from the pressures of political influences. And, they could keep their positions and could not be removed unless they were impeached and convicted of “treason, bribery, or other high crimes and misdemeanors”.
6. What is meant by the term “judicial review”?
· Please refer to “Terms to Know” section.

Lesson Thirteen: What Powers Were Granted to the Legislative Branch?

Terms to Know:
Apportioned-the allocation of legislative seats
Bills of Attainder-an act of legislature that inflicts punishment on an individual or group without a judicial trial
Enumerated Powers- those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution
Equal Representation-
Ex Post Facto Laws-a criminal law that makes an act a crime that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier; prohibited by Article I of the Constitution
Fugitive slave clause-
The Great Compromise-adopted at the Philadelphia Convention, this plan provided for equal representation of the states in the Senate and House of Representatives according to population
Impeach-charging a public official with a crime in office for which they can be removed from power
Necessary and proper clause-the clause in Article I of the U.S. Constitution that gives Congress the power to make all laws that are “necessary and proper” to carry out the powers expressly delegated to it by the Constitution
Proportional representation-the electoral system in which the number of representatives of a state in the House of Representatives is based on the number of people who live in that state
Separated powers-the division of powers among different branches of government
Supremacy clause-Article VI, Section 2, of the U.S. Constitution, which states that the Constitution, laws passed by Congress, and Treaties of the United States “shall be the supreme law of the land” binding on the states
Treason-“giving aid and comfort” to the enemy during war time
Question and Answer:
1. Why did the Framers appoint a special committee to deal with the issue of representation? How was the committee organized?
· Afraid that the convention would dissolve with nothing accomplished, the delegates appointed a special committee with one member of each state to come up with a compromise.
2. What was the Connecticut Compromise or the Great Compromise? How did it resolve the conflict of representation?
· It was a plan that provided for equal representation in the Senate and proportional representation in the House. This basically meant that each side (small v large) got something and gave something up at the same time. The small states had equal representation in the Senate and could control the acceptance and rejection of taxation bills. Large states would have majority control over tax bills (which is what they really wanted), but they always had a check on them from the Senate.
3. What is meant by “enumerated powers”? Why did the Framers decide to specifically enumerate the powers granted to Congress?
· Enumerated powers are those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution. The Framers felt that by listing the powers, there would be no confusion as to what powers the Congress did or did not have.
4. What is the “necessary and proper clause”?
· Oh please, just look at the definition.
5. What is the “supremacy clause”?
· Please refer to “Terms to Know.”

13,14,15

Sorry everyone, I got home late from school. I need another hour or so to post the entries. Please check back around 7:30. Thanks.

Sunday, December 7, 2008

We The People Lesson Twelve

This one you might as well look at to study because there is nothing that answers to the questions would highlight. Sorr for the late posts!! See you tomorrow.

We The People Lesson Eleven

Terms to Know:
Constitutional Convention-The meeting held in Philadelphia from May 25 through September 18, 1787, at which the Constitution of the United States was drafted
Delegate-a person chosen to represent others, as at a convention
The Federalist- A series of essays written in 1787-1788 and collected in a book by Alexander Hamilton, James Madison, and John Jay, urging the adoption of the U.S. Constitution and supporting the need for a strong national government
Ratification-formal approval of U.S. Constitution by the states
Virginia Plan-
Question and Answer-
1. Why did Congress call for a Constitutional Convention? What did Congress authorize the delegates to the Philadelphia Convention to do?
· They called for the convention because the first meeting only found five delegates, and James Madison asked that Congress call a meeting in Philadelphia to strengthen the national government. The Convention was solely authorized to propose amendments to the Articles.
2. How would you describe the delegates to the Philadelphia Convention? What prominent political leaders attended?
· The delegates were fairly young, and many of them were prominent figures in the communities. Prominent political leaders were George Washington, James Madison, George Mason, Alexander Hamilton, John Jay, Benjamin Franklin, James Wilson, Elbridge Gerry, Roger Sherman, and Edmund Randolph.
3. Why did the delegates to the Philadelphia Convention decide to conduct their deliberation in secret?
· There were tow reasons. One, the Framers wanted to develop the best constitution they could and this required a free exchange of ideas, which if their debates had been made public, many of the delegates could not have freely said what they thought. Two, the Framers thought that the Constitution had a better chance of being accepted if people did not know about the arguments that went on during its creation.

We The People Lesson Ten

Terms to Know:
Articles of Confederation- the compact made between the thirteen original American states to form the basis of their government; adopted by Congress in 1781 and replaced by the US Constitution in 1788
Second Continental Congress-
Factions- a group that seeks to promote its own special interest at the expense of the common good
Loyalists- colonists who remained loyal to Great Britain during the American Revolution
Majority rule- a principle of democracy which asserts the greater number of citizens in any political unit should select officials and determine policies
National government-
Northwest Ordinance-
Shays’ Rebellion-an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal
Question and Answer:
1. Why did the Articles of Confederation fail to provide for an executive and a judicial branch of government? How did the Articles of Confederation deal with fears that some states would dominate over others in the national government?
· There was a general fear amongst the colonists that the national government would be too powerful. Thus, the solution was to create a weak national government, without an executive or judicial branch. We had a legislature, which was extremely limited in authority because it had no authority over people, taxes, or trade. Also, the Articles established that each state would have one vote on all matters, so that no one state could dominate due to greater population.
2. What were some of the weaknesses of the Articles of Confederation? What were some of the achievements of the national government under the Articles Confederation?
Ø No Money and now power to get it- Congress had no power to tax, and therefore they could not pay off debts and pay those who had served on the army
Ø No power over the state governments and their citizens- Congress had no power to make laws regulating the behavior of citizens or the states or to force these two to do anything. This meant that the national government had no power to mandate, and this created turmoil as far as honoring treaties, etc.
Ø Unenforceable trade agreements- Congress had power to make agreements, but not to make states live up to those agreements. Thus, other nations lost faith and closed their trade with Americans, so that Americans were not allowed to buy or sell goods abroad
Ø Unfair competition among states- no standard tax for goods traveling across states, so there was no means of efficient and productive trade across state lines
Ø Threats to citizens rights and properties- property rights were not protected by states due to factions and that these factions even when the majority, could be like tyranny if they do not protect the common good
· Achievements under the Articles of Confederation include securing recognition of American independence by European Nations, and writing the Northwest Ordinance.
3. What was Shays’ Rebellion? Why did it occur? What was its historical importance?
· In 1786, an armed revolt by Massachusetts farmers in 1786-87, seeking relief from debts and possible foreclosures of mortgages; led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal. This event was important historically because it sounded the alarm for a stronger national government.
4. What is a “faction”? Why did some founders consider factions to be a threat to natural rights?
· A faction is a group that seeks to promote its own special interest at the expense of the common good. This is exactly why they were dangerous because they could gain power in a government and take a way the individual rights of life, liberty, and property from smaller groups.

Tuesday, November 25, 2008

Lesson nine: What basic ideas about government did the state constitutions include? How did the new states protect rights?

Terms to know:

Absolute veto –the inviolable power to cancel or nullify a legislative act

Legislative supremacy –a system of governments in which the legislative branch has the most power

Massachusetts state constitution –voters in the states ratified the constitution in 1780, it is the oldest written constitution still in effect today

Over riding veto –the legislative branch can override an executive veto by proposing the law again

Popular sovereignty –the natural rights concept that ultimate political authority rests with the people

State declarations of rights –

Virginia declaration of rights –first state declaration of rights, which served as a model for other declarations of rights and bill of rights; was adopted June 12, 1776

Question and answer:

1. What basic ideas about governments were contained in the new state constitution?

· The state constitutions provided valuable experience for the framers before coming to Philadelphia. A few of the ideas included in the state constitutions are: higher law and natural rights, social contract, popular sovereignty, representation and the right to vote, legislative supremacy, and checks and balances.

2. How would you explain the following terms:

· Higher law- Every state constitution was considered a higher law and was based on the idea that the purpose government was to preserve and protect citizens’ natural rights to life, liberty, and property.

· Popular sovereignty-In all the new state constitutions sovereign authority existed in the people. The authority to govern was delegated to the government by the sovereign people.

· Legislative supremacy-A government in which most of the power is given to the legislature. Legislative supremacy was based on the idea that because representatives are elected by voters, this branch is the most democratic and will most likely protect the rights of citizens and promote their welfare.

· Checks and balances-Checks and balances in the new state constitutions was different. The checks were that because most important decisions had to be made by both houses of a legislature, the two could check each other. Also, the voters could check the legislatures by electing new representatives into both houses if they did not like the government worked.

3. What were the important differences between the Massachusetts state constitution and the other state constitutions?

· For one, under the Massachusetts state constitution, the governor was elected y the people, and thus, he could be trusted with more power. Other provisions provided for the governor were: that his salary was fixed and could not be changed by the legislature, the governor had the power to veto law made by legislature (but could be overturned by 2/3 vote of the legislatures), and governor could appoint officials to the executive branch and judges to the judicial branch.

· The Massachusetts state constitution also provided for a mixed classical republican style of government in which only people with a large amount of money could vote for governor, people with slightly les property could vote for officials in the upper house of state legislature, and people with the least amount of money could vote for members of the lower house. They felt this separation of power amongst classes would limit the abuse of power in government.

4. What important ideas did the Virginia Declaration of Rights contain? How was this document influential throughout the colonies?

· The Virginia Declaration of Rights was important in influencing other colonies to vote for independence. This document also provided that all power is derived for and kept by the people, that all men are by nature equally free and independent, and have certain inherent rights, which cannot be deprived (namely life, liberty, property, and pursuing and obtaining happiness and safety), and that the government is, or ought to be, instituted for the common benefit. Other rights protected by the VDOR are trial by jury, protection against forced self-incrimination and cruel and unusual punishment, freedom of the press, and free exercise of religious beliefs.

Monday, November 24, 2008

Lesson Eight:Why Did the American Colonists Want to Free Themselves from Britain? What Basic Ideas about Government Did the Founders put in the Declar

Terms to Know:

Boston Tea Party-1773- in an act of rebellion against British authority, and in particular to protest British taxes in tea imported to the colonies, a band of colonists boarded a ship in Boston Harbor and destroyed thousands of dollars worth of tea by throwing it overboard

Boston Massacre-On March 5, 1770, a mob of colonists harassed British soldiers guarding the tax collector’s office in Boston; the soldiers opened fire, killing five Bostonians, including Crispus Attucks, the first man killed in the American Revolution

Declaration of Independence-document giving reasons as to why the colonies wish to gain independence from Great Britain

First Continental Congress-the body of delegates representing the colonists that first met to protest British rule and eventually became the government of the United States; they met in 1774 and drafted the Declaration of Rights

Intolerable Acts-

Minutemen-civilian armies of the American Revolution, so called for their readiness for battle

Quartering Act-1765- passed by Parliament authorizing governors to requisition certain buildings for the quartering of British troops

Seven Years War-a series of dynastic and colonial wars between Britain and France; the American phase fought between 1754 and 1763, is known as the French and Indian War

Sons of Liberty-an organization of radicals created in 1765 in the American colonies to express colonial opposition to the Stamp Act

Sovereignty-the ultimate, supreme power in a state; in the US, sovereignty rests with the people

Stamp Act Congress-a meeting in New York in 1765 of 27 delegates from nine colonies, the congress was the first example of colonial unity in the development of the struggle against Britain; congress was successful in repealing the Stamp Act

Stamp Act-passed by Parliament in 1765, the law required payment of a tax through the purchase of stamps for all documents such as newspapers, magazines, and legal and commercial papers of all kinds

Tea Act-The act by Parliament that conferred upon the East India Company a monopoly importation of tea into the mainland colonies, thus eliminating the profits of the colonial importer and shopkeeper; brought about the Boston Tea Party

Writs of assistance-the document giving a governmental authority the rpower to search and sieze property without restriction

Question and Answer

1. How would you describe British policies towards the colonies before 1750? How did these policies change in the 1760s and 1770s?

· British policy towards the colonies before the 1750’s was to pretty much leave them alone. The Americans were allowed to come up with their own constitutions and participate in free trade. Afterwards, however, the British government incurred large debts from the Seven Years War (French & Indian), and to raise money, the Parliament decided to make Americans pay a large share of the debt. The British increased control of the colonies, forbid colonists from settling in the west, and introduced new taxes to raise revenue. They failed to remember one of their principles of constitutionalism-consent of the governed.

2. What were the colonists’ objections to the new British policies? What rights did the colonists claim the policies violated?

The colonists believed that each man had natural rights to life, liberty, and property, and thus, taxes should be passed by their own colonial legislatures. They called for no taxation without representation. This goes with the Stamp Act and being charged a tax without consent. And then there was the Quartering Act, which forced colonists to house British soldiers, which was in direct violation of the Petition of Right. Also, Parliament passed writs of assistance, which permitted illegal search and seizure. You could say that this was in violation of habeus corpus or due process because the arrested were not told whether they were guilty or not, but rather transported to England for trials which were frequently delayed.

3. How would you explain the term “sovereignty”? What was the conflict between Great Britain and the Colonies over sovereignty? How was this conflict resolved?

· Sovereignty is the supreme authority over a state. The colonies and Great Britain fought over who had supreme authority over the colonies. In Great Britain, sovereignty rests with the Parliament, and only they can dictate what does and does not happen. The colonists, on the other hand, believed that supreme authority rests with the people. This conflict was resolved with the end of the American Revolution, and the birth of a new United States.
What are the basic ideas and arguments set forth in the Declaration of Independence? Why was it written?

4. What are the basic ideas and arguments set forth in the Declaration of Independence? Why was it written?

· The Declaration of Independence does not make an appeal to the king, but rather it renounces the monarchy and appeals to the natural rights common to all men. I suggest actually looking at the book for the arguments. You cannot summarize this, and it is quite a short read. Begin on page 45.

Thursday, November 20, 2008

Lesson Seven: WHat Basic Ideas about Rights and Constitutional Government did Colonial Americans Have?

We The People

Lesson Seven: What Basic Ideas about Rights and Constitutional Government did Colonial Americans Have?

Terms To Know:

Constituents-he people represented by an elected official

Covenant-a binding agreement made by two or more persons

Established Religion-an official, state-sponsored religion

Fundamental Orders of Connecticut-adopted in 1639, this series of laws is the first written Constitution in America

Indentured Servants-voluntary servants who sold their labor for a period of four to seven years in exchange for passage to America; this was the most important form of servitude in the seventeenth and eighteenth centuries

Laws and Liberties of Massachusetts-code abolished laws of primogeniture; provided for more humane treatment of criminals and debtors and simplified judicial process

Magistrate-a lower-level judicial officer, usually elected in an urban area, who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money

Massachusetts Body of Liberties-1641-a document that described the rights of citizens and the authority of public officials

Mayflower Compact-an agreement signed in 1620 by all adult males aboard the ship Mayflower, before landing in Plymouth, to form a body politic governed by majority rule

Primogeniture-the condition of being the first-born child; in law, it refers to the right of the eldest son to inherit all of his parent’s estate

Suffrage-the right to vote

Question & Answer:

1. What was the Mayflower Compact? Why was it drafted? How does it reflect to idea that government should be based on consent?

- It was basically agreement signed in 1620 by all adult males aboard the ship Mayflower, before landing in Plymouth, to form a body politic governed by majority rule. This reflect the idea that government should be based on consent because all the men on ship consented to this body of law.

2. How would you describe the economic, social, and political conditions of life in colonial America? How were these ideas important in the development of American ideas of government?

· Land was cheap and readily available, but labor was in shortage. This meant that Americans who had ambition could gain wealth more easily than their English counterparts. A majority of people realized moderate wealth and could gain 50 acres of land which guaranteed a right to vote. Also, there was no nobility or concept of primogeniture in America. This meant that there was greater equality among Americans and this concept became fundamental in the development of a US government.

3. What basic features of English constitutionalism were found in the governments of the colonies?

· I am just going to list and provide a little detail for this question because there are a LOT of borrowed ideas. Ready, set, go:

Ø Fundamental Rights- the colonist were concerned with the protection of their fundamental rights which can be traced back to the “rights of Englishmen” and then later by the natural rights philosophers as natural rights for all men to life, liberty, and property

Ø Rule of Law- colonists created a government to protect their fundamental rights; also included that those in power could not exercise arbitrary power and that English law was higher than any law created by the colonists

Ø Separation of Powers- to a greater extent than in British government, colonial governments provided for a separation of government in which the branches were more independent of each other:

§ Executive- responsible for carrying out and enforcing the law

§ Legislative-were responsible for making laws and would become the strongest branch

§ Judicial- had judges called magistrates who were responsible for handling trials and making sure that colonists were governed in a way that was consistent with the British tradition

Ø Checks and Balances-power was separated and in some cases shared among the branches (please refer to page 38 for a detailed list f the checks n each branch ( I don’t think you guys need these typed out for you)

Ø Representative government and the right to vote-the idea of representative government and voting were seen as important because they could reduce the possibility that members of government could violate their rights, respond to the people, and not be taxed without consent of representative

4. Why was the right to vote in the colonies limited to those who owned a certain amount of property? Why were colonial governments nevertheless more representative than the British government?

· The American colonists felt that they must protect property, and so they established a property requirement to vote even if it did limit suffrage. American government, however, was more representative because land was easily available, thus a larger proportion of colonial society enjoyed political rights, there were more elections in the colonies, there were choices of candidates, colonial legislators were elected more frequently, and colonial legislators came from districts that represented their constituents’ interest.

5. What examples can you identify of written guarantees of basic rights in colonial America? How were these written guarantees important in the development of Americans’ ideas about government?

· On example is the Massachusetts Body of Liberties, adopted in 1641, which secured the rule of law, protected basic rights, guarantees trial by jury, free elections, gave the right of free men to own property, made it illegal for government to take property away without fair compensation, prohibited forced self-incrimination, ad prohibited cruel and unusual punishment. In addition, Pennsylvania’s first constitution provided for freedom of conscience. Then came The Laws and Liberties which abolished the practice of primogeniture and provided for more humane treatment of convicted criminals and debtors. These written guarantees were important to the development of Americans’ ideas about government because they could take what they had learned form British constitutionalism and adopt it to fit their own needs. These specific pieces of legislation were important in creating ideas about government, protection of rights, separation of powers, limiting the power of government through checks and balances, becoming representative, and planting the seeds for and American Revolution.

Wednesday, November 19, 2008

Lesson Six:How did representative government begin in ENgland?

We The People

Lesson Six: How did Representative Government begin in England?

Terms to Know:

Balance of Power-the division of governmental powers in such a way that no one individual or group can dominate or control the exercise of power by others

Burgess-formerly a member of the British House of Commons (a merchant o craftsman) who represented a city or town

English Bill of Rights-an act passed by Parliament in 1689 which limited the power of the monarch. This document established Parliament as the most powerful branch of the English government

Glorious Revolution-English Parliament’s successful, bloodless overthrow of James II, establishing Parliamentary supremacy and independence from monarchy

House of Lords-represents the nobility in British Parliament

House of Commons-represents the people in British Parliament

Jurist-a peer who determines guilt of one who has or has not committed a crime

Parliament-The British legislature, which consists of two houses: House of Lords and House of Commons

Parliamentary Supremacy-the principle that the parliament, or legislative body, has ultimate sovereignty, or control of the state

Petition of Right-(1628)-a formal acknowledgement that limited the English monarch’s power to tax people without the consent of the parliament and which also guaranteed English subjects certain fundamental rights

Realm-the land in a kingdom

Revolution Settlement-followed the Glorious Revolution, and ended up having King William and Queen Mary take over England after signing the Declaration of Rights

Writ of Habeus Corpus- orders the government to deliver a person it has arrested to a court of law and explain why that person has been arrested and held

Question & Answer

1. How would you describe the evolution of parliamentary government in England?

· In the feudal system, English kings relied on councils to advise them on the tasks of governing. This turned into the parliament. In the fourteenth century, this body of former leading nobles and clergy took on more defined shape with a two-part legislature, a House of Lords and a House of Commons. Parliament came to be a representative institution because the kings of England felt that this body was an effective way to raise money from subjects. This eventually led to the Parliament becoming powerful enough to challenge the king in the seventeenth century and produced the Petition of Right. This document guaranteed the rights of Englishmen. Later, in 1688, the English Bill of Rights proclaimed that the parliament was the dominant power of government. Basically, the power of Parliament has increased in direct correlation with the rights of Englishmen over time as the power of the monarchy has decreased.
2. Among the key events in the struggle for power between the Crown and the Parliament were the Petition of Right (1628), The Habeus Corpus Act (1678), and the Glorious Revolution (1688). Describe how each of these contributed to the development of constitutional government in England.

· The Petition of Right strengthened the notion that English subjects enjoyed certain fundamental rights that could not be violated. The Habeus Corpus Act guaranteed that if the government could not show proof that the arrested person had broken the law, then that person must be set free. The Glorious Revolution produced the English Bill of Rights, which limited the power of the monarch by placing dominant power in the hands of the Parliament, establishing trial by jury, prohibiting cruel and unusual punishment, giving the right to petition government, and giving the right to bear arms. As stated in earlier lessons, a constitutional government is one on which there are limitations placed on those that are governing as well as a way to follow through if the governing body infringes on their limitations. All of the above mentioned documents, place limitations on government, while giving more rights to the governed.

3. How does the English Bill of Rights differ from the U.S. Bill of Rights?

· The English Bill of Rights does not provide for freedom of speech or press. The English Bill of Rights was made by Parliament and could be changed by Parliament where as the U.S. Bill of Rights was ratified by the people and could only be changed with their consent through the mending process laid out by the Constitution. Also, the English Bill of Rights was intended to limit the power of the monarch and increase the power of the Parliament whereas the U.S. Bill of Rights intended to prohibit the federal government from violating individual rights of all people and protect the rights of minorities.

Monday, November 17, 2008

We The People Lesson Five

We The People

Lesson Five: What Were the British Origins of American Constitutionalism?
Terms to Know:


Charter- a written document from a government or a ruler which grants certain rights to an individual, group, organization, or the people in general

Contract- a binding agreement between two or more people

Custom- an accepted practice or way of behaving that is followed by tradition

Common law- the body of unwritten law developed in England from judicial decisions, based on custom and earlier judicial decision, which constitutes the basis of the English legal system and became part of American law

Due process of law- protection against arbitrary deprivation of life, liberty, or property

Feudalism- a political system in which land is given by a noble to his vassals in exchange for personal allegiance

Magna Carta- the Great Charter of freedom granted in 1215 by King John of England by demand of his barons

Monarch-king or queen

Manorialism- the form of economic life of the Middle Ages, when most people were involved I agriculture and land was divided up into self-contained farms or manors

Parliament- the British Legislature, which consists of two houses: The House of Lords- for the nobility and The House of Commons- for the people

Rights of Englishmen- basic rights, established over time, that all subjects of the English monarch were understood to have

Royal Charter-documents which confirmed the validity of the “rights of Englishmen”

Subject-those who were “subject” to the king’s rule

Tenet-principles or doctrines

Vassal- a person granted land by a feudal lord in return for military or other service

Question & Answer:

1. What is meant by the “rights of Englishmen”? How were these rights established?

· They were certain basic rights guaranteed to all subjects of the English monarch. They could not be changed or violated. These rights included trial by jury, security on one’s own home from unlawful entry, and no taxation without consent. The rights were established by custom and aw as well as royal charters.

2. What is the common law? How does it develop?

· The common law consists of the accumulated legal opinions of judges explaining their decisions in specific court cases. These decisions provide precedents for later judgments.

3. What was feudalism and how did it contribute to the development of constitutional government?

· Feudalism was a form of political organization in which land is given by a noble to his vassals in exchange for personal allegiance. This is important because of the idea of contracts. Feudal government depended on a series of agreements or contracts between lords and vassals. Thus feudalism introduced the idea of government based on a contract- those in power pledged to respect the rights of people who gave them allegiance.

4. What is the Magna Carta? How was it created? How did it contribute to the development of constitutional government?

· The Magna Carta, the Great Charter of freedom granted in 1215 by King John of England, which confirmed certain traditional rights that could no be violated. It was created as a result of King John trying to take away liberties from the barons, a title of nobility given to the principle vassals, who fought back and won. As a result, the Magna Carta was drafted. It contributed to the development of constitutional government because it set up certain precedents like:

Ø Government should be based on the rule of law, in which the rule of a monarch was limited, and which set up due process of law.

Ø Certain basic rights may not be denied by government, which meant that established rights of the governed could not be violated

Ø Government should be based on an agreement or contract between the ruler and the people to be ruled, which meant there was a principle of agreement as the basis of a legitimate government.

Later Generations would discover that the Magna Carta had seeds of other constitutional principles such as “no taxation without representation”.

Sunday, November 16, 2008

We The People: Lesson Four

We The People

Lesson Four: How did Modern Ideas of Individual Rights Develop?

Terms To Know:

Age of Enlightenment- an intellectual movement of the late seventeenth and eighteenth centuries that celebrated human reason and sought to realize its potential in all areas of human endeavor

Capitalism-An economic system in which the means of producing and distributing goods are privately owned and operated for profit in a competitive market

Christendom- the Christian world, or Christians in general, considered a single society

Hierarchical-organized or classified according to rank, capacity, or authority

Judeo-Christian- beliefs and practices which have their roots in Judaism and Christianity

Middle Ages- A period lasing from the fifth century to the fourteenth century, during which the political, economic, and military structure was characterized by feudalism; the term “medieval” describes that which occurred during the Middle Ages

Nation-State- the modern nation as the representative of political organization

Papacy- The office or authority of the Pope, the spiritual leader of the Roman Catholic Church

Private Morality- The principles of civic virtue as expressed in Judeo-Christian teachings, as well as fundamental ideas about right and wrong that come from religion, ethics, and individual conscience

Providence- Founders spoke of this as to suggest their belief in God’s interest and involvement in the affairs of the world

Public morality- principles of civic virtue embodies in Greek and Roman ideals

Reformation- sixteenth-century religious movement aimed at reforming the Roman Catholic church and resulting in the establishment of Protestant churches

Renaissance- the great revival of art, literature and learning in Europe during the fourteenth, fifteenth, and sixteenth century, based on classical sources

Secular government- a system of political power not exercised by ecclesiastical bodies or the clergy; contrasted with theocracy

Question & Answer:

1. How would you describe the difference between the classical republican idea of civic virtue and Judeo-Christian ideas of morality?

· Classical republicans stressed the idea of public morality, but Judeo-Christianity added the component of private morality-love and benevolence towards others. The Founders believed that society had to have both. Judeo-Christianity also helped to strengthen the ideas of justice, liberty, and individual rights.

2. How did the Judeo-Christian Heritage contribute to the followers understanding of human rights?

· Whereas classical republicanism looked toward the common good of society, Judeo-Christian beliefs viewed the individual with personal dignity, worth, and an individual soul. The Founders believed that each individual had rights as an individual.

3. What features of society in the Middle Ages contributed to the view that rights belonged to the group, rather than to individuals?

· The European people saw themselves as united under one society- Christendom. Most people thought of themselves as loyal to only two allegiances- their own community and to the Church. Medieval ideas of society also reflected the idea of harmony between each individual and the whole of society. Society was compared to a body, in which some parts were more important than others, but all were necessary. And thus, society was divided into different classes or groups such as nobility, royalty, clergy, tradesmen, craftsmen, and peasants. Each individuals’ role, therefore, was determined by one of these groups, and rights were spoken in terms of a group rather than a concept of “natural” or “universal” rights for all people.

4. How did the Renaissance contribute to modern ideas about rights? How did the Protestant Reformation contribute to modern ideas about rights? How did the rise of nation-states contribute? How did the economic system of capitalism contribute?

· The Renaissance and Reformation produced a greater emphasis on the importance of the individual than had existed in the Middle Ages or in classical Greece or Rome. The ideas and opinions of individuals were valued. As the Renaissance emphasized individual activity and creativity, the followers of the Protestant Reformation emphasized the relationship between the individual believer and God. The rise of nation-states stimulated new thought about government and rights. Capitalism translated this new spirit into economic opportunity. More individuals could compete on an equal footing and hope to improve their place in society.

5. Why was the invention of the printing press important in promoting the spirit of individualism?

· The printing press allowed for books to e more available to the people. The presses began to print the Bible in vernacular, and the Reformation encouraged people to interpret the Bible for themselves, instead of taking the interpretation given to them by the Roman Catholic Church. This encouraged greater freedom of conscience.

6. What was the Age of Enlightenment and why is it sometimes called the “Age of Reason”?

· The Enlightenment was an intellectual movement of the late seventeenth and eighteenth centuries that celebrated human reason and sought to realize its potential in all areas of human endeavor. It is sometimes called the “Age of Reason” because the Enlightenment is characterized by scientific discovery and the application of this to human nature and society. Through science, Enlightenment thinkers attempted to make Reason out of the workings of government and societal institutions.

Thursday, November 13, 2008

A Supplement To Our Book

Hey everyone I found a website that goes along with our book. It does a great job of defining terms, giving a brief biography of important figures, and talking about primary sources referred to in the text.
Check it out!

Here is the link:http://www.civiced.org/wtpcompanion/hs/

Let me know if you guys want improvements!

We The People Lesson Two

We The People

Lesson Two: How Does Government Secure Natural Rights?

Terms to Know:

Autocracy- a government in which the rulers, whether one or many, exercise unlimited power

Canton- form of government studied by Founders that is found in Switzerland

Checks-and-balances- the distribution and balancing of power among different branches of government so that no one branch is able to dominate another

City-state-a politically independent community consisting of a city and its surrounding territory

Common good- the good of the community as a whole also known as common welfare

Constitution- a set of customs, traditions, rules, and laws that set forth the way a government is organized and operated

Constitutional government- a government in which the powers of government are limited in practice by a written or unwritten constitution which they must obey

Delegate- a person chosen to act for or represent others, as at a convention

Delegated powers- according to the natural rights philosophy, people give or assign certain powers to the government; the powers of government are therefore “delegated powers” in that they come from the people

Democracy- a form of government in which political control is exercised by all the people, either directly or through their elected representative

Dictatorship- A government controlled by one person or a single group

Equal protection-

Higher law- as used in describing a legal system, refers to the superiority of one set of laws over another. For example, the U.S. constitution is a higher law than any other federal or state law. In natural rights philosophy, it means that natural law and divine law are superior to laws made by human beings.

Limited government- in natural rights philosophy, a system restricted to protecting natural rights and that does not interfere with other aspects of life

Private domain- areas of human affairs placed off limits to unreasonable government interference

Republic- a form of government in which the supreme political power resides in the electorate, and administration is exercise by representatives who are responsible to the people

Separation of powers- the division of power among different branches of government. In the United States, among executive, legislative, and judicial branch.

Totalitarianism- a form of government in which one person or party exercises absolute control over all aspects of life and in which no opposition is allowed

Tyranny- a government in which a single ruler is vested with absolute power

Unwritten constitution- the body of political practices developed through custom and tradition

Written constitution-the body of political practices developed through rules and laws

Question and Answer

1. How would you explain the differences between a limited and an unlimited government? Do you think the difference is important? Why or why not?

· As the book states, a limited government has restraints on power such as laws and free periodic elections. An unlimited government, on the other hand, gives unlimited power to the ruling body whether it be a dictatorship, oligarchy, any form of totalitarianism or autocracy. Limited power also means having all people following the same rules under a constitution or higher law. This means that a constitutional government must be a limited government because the constitution is a document of limitations and contracts set forth by custom and tradition. (you all must decide if this is important or not and determine why)

2. In theory, the government of the United States gets its authority from the consent of the people. What evidence can you identify to show that people actually do consent to be governed by the United States government?

· According to the book, there are two types of consent, explicit and implicit. (Please refer to definition above) Explicit consent is when we vote in an election or gain citizenship in a society that already exists. Implicit, or tacit, consent comes from enjoying the freedoms and services provided to you at the very moment of your birth. For example, by walking on a public road, you have given tacit consent to the government s you are enjoying the liberty of walking on the road.

3. What is meant by the claim that the people have “the right of revolution”? What argument can you make to support the claim that such a right does or does not exist?

· Basically, the founders guaranteed that the people can revolt against a government that fails to serve the purpose it was created for. Arguments to support such a claim are found throughout history such as the Russian Revolution, the French Revolution, Independence from Britain for many different countries. An argument to not support this claim is that the people could change their minds quickly and then the government would be in turmoil.

4. What is a constitution? What is the difference between a constitution that establishes a constitutional government, and a constitution that does not?

· Please refer to definition above for what a constitution is. A constitutional government must have a constitution that limits the power of government, enforces those limitations, and establishes a fundamental law that is obeyed by everyone, including those in power. A constitution that provides for unlimited power, or puts limits on power without a means to enforce said power is NOT a constitutional government.

5. Why did the Framers organize the government into separate branches with shared and divided powers? What are some examples of the ways in which governmental power is divided and shared? Why is this sometimes called a system of “checks and balances”?

· They created a separation of powers so that no one branch could become too powerful, and so that none of the branches could ignore the limitations set forth by the constitution. Some examples of shared and divided powers are that a Congress may pass laws, but the President can veto; the President nominates certain governmental officials, but the Senate must approve the appointments; the congress may pass laws, but the Supreme Court may declare them unconstitutional.

Tuesday, November 11, 2008

We The People: Lesson One

What Would Life Be Like in a State of Nature?

Terms to know:

Civil rights-fundamental rights belonging to every member of society

Consent- agreement or acquiescence

Human nature- traits of personality and character that all human beings share

Law of nature- would prevail in the absence of man-made law, and contains universally obligatory standards of justice

Legitimate- government in which people have given consent to be ruled

Natural rights- assumes that human beings had rights in a “state of nature” and create government to protect those rights

Political rights- all the implicit (constitutionally guaranteed) and implied (by natural law) rights of a citizen of society

Social contract- agreement among all the people in a society to give up part of their freedom to a government in return for the protection of their natural rights by that government

State of nature- basis of natural rights philosophy, state of nature is the hypothetical condition of people living together in a society

Unalienable (inalienable) rights- fundamental rights of the people that may not be taken away

Question & Answer

1. Explain what is meant by each of the following ideas from the Declaration of Independence
§ “all men are created equal”- in a state of nature all men are equal because they have no power over one another and thus are guaranteed the same natural rights

§ “people have certain rights that are unalienable”- in Locke’s opinion these are rights to life, liberty and property, which he considers to be the essence of humanity and can neither be taken away or given up because they make us human beings and define our purpose
o Life- people want to survive and hey want their lives to be as free as possible from threats to their security
o Liberty- People want to be as free as possible from the domination of others, to be able to make their own decisions, and to live as they please
o Property- people want the freedom to work and gain economic gods such as land, houses, tools, and money

§ “governments are created to secure these rights”- the governed consent to government so as to have their natural rights protected. They are guaranteed civil and political rights, (please see definitions above) which give us control over government

§ “governments derive their just powers from the consent of the governed”- a legitimate government cannot exist until the people have given their consent to be ruled by it.

§ “people have the right to alter or abolish their government if it becomes destructive of the purposes for which it was created”- the government is created by the people to protect the rights of the people. If a legitimate government fails to protect the rights of people, then it has become illegitimate as it no longer fulfills its purpose and the people can disband said government.

2. What is meant by “the law of nature” or “natural law”? How did Locke try to establish or figure out what limitations it imposed on human conduct?

§ Basically the law of nature is when people simply oblige to social standards or norms rather than having a set government to enforce laws. To establish the law of nature, Locke assumed that people were in a state of nature, where there was no government. Therefore, there was no legitimate authority to declare rights, and the rights would have to be determined by social norms. A limitation he saw was that not all people were good and there may even be disagreement about what the laws of nature were. Therefore, people needed a legitimate government to interpret and enforce laws.

3. How did Lock use the idea of a state of nature to try to establish or figure out what the purpose of government should be?

· Lock uses the state of nature to legitimize the purpose of government by asking the question “What are the things that all people always need and seek, no matter what they believe, no matter when or where they live?”He came to the conclusion of life, liberty, and property, and made government an institution to protect these rights.

4. What was Locke’s view of human nature? How did it influence his ideas about what type government is best?

· Locke thought that most people understood natural laws and therefore abided by them. This influenced his ideas about government because he felt people could make reasoned decisions and pick a government to which they would willingly give consent.

5. What is meant by the term “social contract”? How is it connected to the idea that government derives its authority from the consent of the governed?

· Please refer to “Important Terms” for proper definition of social contract. Thus, this term relates to consent of the governed because the people have given up something to gain a government that can protect and enforce those natural rights, which may or may not be enforce in a state of nature. The governed have entered into a contract with the government, and thus people are giving power to the government for it to have its authority.

Instructions for Using the Blog

Hey everyone,

Ok, so this is an easy to use site for our We The People Book. basically, I have taken the terms and defined them for you as well as answered all the questions in the blue box at the end of the lesson. I am open to suggestions, so reply to this message, and let me know what you think!!

Thanks,

Critical Thinker 1991