Objectives #1 - #3

• Students will be able to identify the origins of US Government.

• Students will be able to identify the structure and powers of government provided by the US Constitution.

• Students will be able to identify the Rights given to American citizens in the Bill of Rights.

Warm Up

1. What movement spreading rapidly throughout the world (especially Europe) in the 1700s influenced the Declaration of Independence?

2. Why was Great Britain considered to be a tyrant by the colonists?

3. What is the Social Contract? What thinkers championed the term?

Americans win independenceI. Americans win independence

a.1776 Declaration of Independence• Jefferson main author used Enlightened Ideas

(Preamble: Gov’t. power is derived from people)

Preamble to Declaration of Independence• We hold these truths to be self-evident, that all men are

created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Influence of Enlightened Ideas

Thomas Paine – Common Sense• Britain was a tyrant who had broken social contract

• The Social Contract• Written by Rousseau, popularized by Hobbes and Locke• Colonists had committed treason in eyes of king

b.Despite being outnumbered and outgunned colonists win revolutionary war.

Social Contract• Jean Jacques Rousseau• Describes the relationship of man with society.• The state of nature is a brutish condition without

law or morality, and that there are good men only as a result of society's presence.

• Because he can be more successful facing threats by joining with other men, he joins together with his fellow men to form a "society."

• "The Social Contract" is the agreement among men that sets the conditions for membership in society.

Jean Jacques Rousseau

Social Contract• John Locke• Government’s main purpose is to carry out the

will of its people and protect their natural rights• Any government which does not do this is

therefore not legitimate • And the people have the right to revolt and

change it• Greatly influenced Thomas Jefferson and

Declaration of Independence

John Locke

John Locke Quotes

• “The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom. “

• “The reason why men enter into society is the preservation of their property. “

America’s new government

I. Articles of confederationa. First constitution of US = weak, no executive or

judicial branches created. (John Hanson first Pres.)

b. Only Congress is created, each state had 1 vote in congress• could declare war, enter into treaties, and coin money• no power to tax or regulate trade – handled by

individual states• 9 out of 13 votes needed to pass anything – difficult

John Hanson – First President of the United States?

Shay’s Rebellion

• Shay’s Rebellion prompts need for stronger national government• Farmer’s rebelled against Mass. State Gov’t.

Over huge debt, heavy taxes, & foreclosures • Federal Gov.t could not act, MA Gov.t needed

help• Shay’s forces attack the Springfield federal

armory (rifles)• Eventually rebellion was put down by Boston &

Springfield Militia• 1,000 arrested

Shay’s Rebellion

The Constitutional Convention

I. The Constitutional Convention Creates a new Constitutiona.Great Compromise – two house legislature

created• Upper house all state equal representation• Lower house based on population of state

b.Three Fifths Compromise• In response to southern slave population

Federalism

c. Separation of Powers• Distrust for powerful central government• Legislative, executive, and judicial• Checks and balances• Division of federal and state governments

– Powers Granted – Example of Federalism

• Bill of rights – To protect rights of citizens; majority rule vs. minority rights– 10 Amendments

d.Government based on law not royal power or divine right. Religion never even mentioned.

US Constitution

• 7 Articles, 27 Amendments• Worlds Oldest and shortest Constitution• Article I – Powers of Congress• Article II – Powers of President• Article III – Judicial Powers• Article IV – Relationships among states• Article V – Adding an Amendment• Article VI – Public debts, supremacy of national

government over state and local, oaths of office• Article VII – Provisions for ratification of

Constitution

America “The Story of US”

• Episode 1 – “Rebels”• Beginning of Episode 2 – “Revolution”

Interesting Factoids about Amendments

• Over 4,000 proposed, only 30 some went to states to be voted on.

• Most proposed Amendments:– Flag Burning ban 7 times– Abortion ban 5 times (most common surgical

procedure – 1 mill./year)– Often used as political tool (right wing Christian

vote)

Interesting Factoids about Amendments

• Most writers of Constitution were deists, agnostics, and Unitarians

• Feared Christian takeover of government• Bottom line…liberals and conservatives both

wanted separation of church and state!

Great Quote

• “When a nation has only one religion they have tyranny. When they have two, they have civil war. When they have many they have peace and tolerance, as in the United States!”

Alexis De Tocqueville

Bill of Rights• Written to protect the minority against the

tyranny of the majority.• Majority Rule vs. Minority Rights• Civil Liberties – Protects you from the

government– Example: 4th Amen. Protection for illegal searches

• Civil Rights – Protection provided for you by the government– Example: discrimination

The Bill of Rights

I. First AmendmentA. Fundamental rights of life, liberty, pursuit of

happiness1. Freedom of religion2. Speech3. Press4. Peaceful assembly5. Right to petition

1st Amendment

• Has any of your First Amendment rights ever been violated?

• If so, how and which one?• How did you respond? What was the

outcome?• If not, which amendment first amendment

right do you think is most important? Explain.

Bill of Rights

II. Second Amendment1. Right to bear arms

2nd Amendment

• Is this Amendment outdated? Explain. (Keep in mind that the US leads all modern industrialized nations in homicides by guns per year.) Canada and England have very strict gun laws, and have significantly less gun violence.

Bill of Rights

III. Third Amendment1. No solider can take quarter in ones home

without consent of the owner in times of peace or war

2. Privacy Laws

Bill of Rights

IV. Fourth AmendmentA. The privacy amendment

1. Protection against unreasonable searches and seizures.

2. Requires probable cause (reasonable suspicion) and a warrant.

3. Evidence discovered illegally cannot be used in court.

4th Amendment

• Is the State of Arizona breaking this Amendment by giving its police officers more “leeway” in questioning and potentially apprehending or harassing potential illegal's? Explain.

Bill of RightsV. Fifth Amendment

A. Innocent until proven guilty 1. Rules about trials for serious crimes. 2. Rules against taking life, liberty, and property without

due process of law.3. No double jeopardy4. Private property cannot be taken without just

compensation (Eminent Domain)5. Due process – everyone has the same rights under

law.6. Self Incrimination – Cannot be forced to testify

against self.

Bill of Rights

VI. Sixth Amendment (Criminal Proceedings) A. Rights of the accusedB. Innocent until proven guilty

1. Speedy trial (90 days from arrest, unless waived) 2. Public trial3. Defense lawyer4. Right to hear charges5. Call witnesses6. Be present when witnesses speak in a court7. Jury of Peers (beyond reasonable doubt)

5th & 6th Amendment

• Have you ever been accused of doing something you were innocent of?

• How did it feel?• What was the outcome? Did “Due process of

law” clear your name?

Bill of Rights

VII.Seventh AmendmentA. Civil Trials (no jail time)

1. When suing for money, or an apology or retraction of some sort only ¾ of jury has to agree and you only have to prove it could have happened.

Bill of Rights

VIII.Eighth AmendmentA. Punishment must fit the crime

1. Protection against excessive bail and cruel and unusual punishments

Bill of Rights

IX. Ninth Amendment1. Just because a right is not mentioned in the first 8 amendments does not mean that you do not have more rights protected by law2. Rights are not limited to the Bill of Rights

Bill of Rights

X. Tenth Amendment1. Powers not delegated to the U.S. Government

and are not prohibited to states are reserved to states and to the people.

New Amendment• You are to write your own Amendment. This

can be a completely new Amendment or a change or improvement on an existing one.

• You need to be prepared to explain it for a class discussion

• You must also justify how your Amendment protects, makes society better and/or keeps the government off our backs!

• For help look at pages 80-88 in textbook.