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Home , Limited government, Petition of Right

American : Foundations Unit Notes

SSCG2

— SSCG2 Demonstrate knowledge of the political philosophies that shaped the development of United States constitutional government. What is government?

— An organized system to provide order and protection for a nation’s people Limited Government

— Political system in which powers of the government are restricted, usually by a written

— Government is based on clear and fairly enforced laws and no one is above the laws — 2a. Analyze key ideas of limited government and the rule of law as seen in the , the Petition of Right, and the English Bill of . 3 Docs

— Magna Carta — Petition of Rights — English Magna Carta

— Signed by King John of England in 1215 — This charter defined the rights and duties of English nobles and set limits on the ’s power— limited government — The Magna Carta established rule of law, which meant that all people, even the king, have to obey the laws — Included concepts of of law, trial by jury, protection of , & civil Petition of Right

— Law passed by English parliament in 1628 to try to limit the power of King Charles I. — It prohibited arbitrary arrests () and quartering of troops in private homes without the owner’s consent or declare martial law in peace time. — No Cruel Punishment, No excessive /fines, right to bear arms, right to petition — This underscored the principle of limited government, by affirming that the king’s power was not absolute—a challenge to divine right theory English Bill of Rights

— Passed by Parliament in 1689 after years of conflict and civil war. — Parliament offered the throne to William and Mary of Orange, but insisted they accept the Bill of Rights as a condition of their rule. — No standing armies in peacetime or taxes without Parliament’s consent — Right of Petition, Right to bear arms, No Cruel/unusual punishment, free parliamentary elections, No excessive fines/bail, free speech/debate in Parliament, fair trial

— 2b. Analyze the impact of the writings of Hobbes (Leviathan), Locke (Second Treatise on Government), Rousseau (The Social ), and (The Spirit of the Laws) on our concept of government. 4 Dudes

— Hobbes — Locke — Montesquieu — Rousseau Thomas Hobbes

— Writings: Leviathan (1651) — People had no right to — Principle or Theory: social revolt against the king contract — only among — Defended Absolute people (one sided) Monarchy — In state of nature: complete with no laws or enforcement — What does it mean? People give up freedom in exchange for protection from government Locke

— Writings: Second Treatise — Locke’s idea of social on Government contract was between — Principle or Theory: people & government Natural Rights (Life, — Purpose of government/ , Property) ruler was to protect natural — Agreed with Hobbes on rights need for social contract for — People had right to revolt/ peace replace government that — Differed from Hobbes in didn’t protect natural rights that God given natural rights existed in state of nature & were unalienable (can’t be taken away)

Montesquieu

— Writings: The Spirit of — Branches operate Laws independently but — Principle or Theory: within a system of checks & balances — Government’s purpose to maintain law/order, political liberty, & individual property — Power should be divided into 3 branches (, legislative, & judicial) and each has a job that only it can do Rousseau

— Writings: The Social — Proposed that Contract magistrates would — Principle or Theory: enforce laws & protect general welfare of people — What does it mean? The government should reflect the will of the people — People should abandon natural rights in favor of social contract — Believed direct to be best form of government