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.