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Concepts and Documents
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Common Sense
Declaration of Independence
US Constitution
Bill of Rights
Federalist Papers
Other Amendments
Concepts and Documents
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Democracy
Federalism
Constitutionalism
Separation of Powers
Common Sense
by
Thomas Paine
Common Sense
“[A] long habit of not thinking a thing
WRONG, gives it a superficial appearance
of being RIGHT, and raises at first a
formidable outcry in defense of custom.”
What is he talking about?
Can you think of a similar situation?
Common Sense
“The cause of America is in a great measure
the cause of all mankind.”
Exactly how is it the cause of all mankind?
Common Sense
Different nature of society and government:
“the former promotes our happiness
POSITIVELY by uniting our affections, the
latter NEGATIVELY by restraining our vices.
... Society in every state is a blessing, but
Government, even in its best state is but a
necessary evil; in its worst state an
intolerable one”
Explain. Do you agree?
Common Sense
Why society is necessary:
“For were the impulses of conscience clear,
uniform and irresistibly obeyed, man
would need no other lawgiver”
Common Sense
3 stages in the development of government:
(a) society: a fairly small group of people; one
depends on another – people complement
each other
Common Sense
(b) general assembly: larger population; some
begin to “relax in their duty”, some
regulations passed but not enforced by
punishment, rather by “public disesteem”;
“every man by natural right will have a seat”
in the general assembly
Common Sense
(c) government: large population spread out
across great distances; “it will be found best
to divide the whole into convenient parts,
each part sending its proper number”.
Another general rule is that elections take
place often, which means those in the
government now might be common citizens
in a short while (“their fidelity to the public will
be secured by the prudent reflection of not
making a rod for themselves”).
Common Sense
The goal (end) of government is freedom and
security.
Best government simple: “I draw my idea of the
form of government from a principle in nature
which no art can overturn, viz. that the more
simple any thing is, the less liable it is to be
disordered, and the easier repaired when
disordered.”
Common Sense
The Founding Fathers were influenced to a
great extent by the ideas of the
Enlightenment. Notice any examples?
Common Sense
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Rousseau: Social contract theory (Natural
man is best)
Ideals of liberté, fraternité, egalité
(Government ought to enforce these)
Observing laws of nature (Simple is best)
Rationality (common sense)
Common Sense
Additional Quotes
“[T]he constitution of England is so
exceedingly complex, that the nation may
suffer for years without being able to
discover in which part the fault lies; ... and
every political physician will advise a different
medicine.”
Common Sense
Against the King:
“The state of a king shuts him from the
World, yet the business of a king requires
him to know it thoroughly.”
 mankind should all be equal
 Israelites angered God in their request for a
King
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Common Sense
Having said all this:
“In the following pages I offer nothing more
than simple facts, plain arguments, and
common sense”.
Paine also asks the reader to put aside all
prejudice, consider the matter and then
judge for himself.
Common Sense
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America can prosper without Britain
America does not need Britain's protection
Europe, not Britain is the parent country
difference of interests
And, additionally, “Even the distance at which
the Almighty hath placed England and
America is a strong and natural proof that the
authority of one over the other, was never the
design of Heaven.”
Common Sense
A call for a “Continental Congress” with a
President (i.e. the one presiding) over it.
Each session led by a different colony until
all 13 have had their turn.
A call for a charter.
Finally, a call to embrace freedom by means of
doing the above.
Common Sense
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More arguments concerned with statistical
facts (figures) rather than ideological
questions.
Common Sense
Concludes with statements such as:
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“nothing can settle our affairs so
expeditiously as an open and determined
declaration for independence”
“Until an independence is declared, the
Continent will feel itself like a man who
continues putting off some unpleasant
business from day to day, yet knows it must
be done...”
Declaration of Independence
by
Thomas Jefferson
Declaration
WHEN in the Course of human Events, it
becomes necessary for one People to
dissolve the Political Bands which have
connected them with another, and to assume
among the Powers of the Earth, the separate
and equal Station to which the Laws of
Nature and of Nature's God entitle them, a
decent Respect to the Opinions of Mankind
requires that they should declare the causes
which impel them to the Separation.
Declaration
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,
Declaration
that whenever any Form of Government
becomes destructive of these Ends, it is the
Right of the People to alter or to 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.
Declaration
The History of the present King of GreatBritain is a History of repeated Injuries and
Usurpations, all having in direct Object the
Establishment of an absolute Tyranny over
these States. To prove this, let Facts be
submitted to a candid World.
(a list of examples follows)
Declaration
WE, therefore, the Representatives of the
UNITED STATES OF AMERICA ... do, in the
Name, and by Authority of the good People
of these Colonies, solemnly Publish and
Declare, That these United Colonies are, and
of Right ought to be, FREE AND
INDEPENDENT STATES...
Common Sense vs Declaration
Now, there were quite a few points that both
of the documents made. Can you think of
what they were?
New Ideas
So what did they really want?
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democracy
constitutionalism
federalism
separation of powers
Can you say why (for each of these)?
Think of the history.
US Constitution
US Constitution
“We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide
for the common defence, promote the
general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the
United States of America.”
US Constitution
Article I
“All legislative powers herein granted shall
be vested in a Congress of the United
States, which shall consist of a Senate
and House of Representatives.”
census necessary to determine the number
of Representatives
US Constitution
Number of Representatives to be determined
“by adding the whole number of free persons,
including those bound to service for a term of
years, and excluding Indians not taxed, three
fifths of all other persons.”
What do they mean?
US Constitution
Article II
“The executive power shall be vested in a
President of the United States of America.
He shall hold his office during the term of
four years, and, together with the Vice
President, chosen for the same term...”
US Constitution
“The President shall, at stated times, receive
for his services, a compensation, which shall
neither be increased nor diminished during
the period for which he shall have been
elected...”
Guess how long it took the Congress to
pass the same law about their salaries?
US Constitution
Article III
“The judicial power of the United States,
shall be vested in one supreme Court and
in such inferior Courts as the Congress
may from time to time ordain and
establish. The judges ... shall hold their
offices during good behaviour...”
US Constitution
Article IV
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relation of the states to each other
federal-state relations
US Constitution
Article V
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amending the constitution: “The
Congress, whenever two thirds of both
Houses shall deem it necessary, shall
propose Amendments to this
Constitution, or, on the application of the
legislatures of two thirds of the several
states, shall call a convention for
proposing amendments...”
US Constitution
amendments go into effect when:
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ratified by the legislatures of three fourths of
the several states, or
by conventions in three fourths thereof
So far only 1 amendment was ratified by state
conventions.
US Constitution
Article VI
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supremacy of Constitution and national
government
Notice: “no religious test shall ever be
required as a qualification to any office or
public trust under the United States.”
US Constitution
Article VII
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ratifying the constitution
“The ratification of the conventions of nine
states, shall be sufficient for the
establishment of this Constitutions
between the states so ratifying the same.”
Bill of Rights
Bill of Rights
(1) “Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press, or the
right of the people peacably to assemble,
and to petition the Government for a redress
of grievances.”
Bill of Rights
(2) Right to bear arms
(3) Housing of soldiers
(4) Search and arrest warrants
(5) Rights in criminal cases
(6) Rights to a fair trial
(7) Rights in civil cases
(8) Bails, fines and punishments
(9) Rights retained by the people
(10) Powers retained by the states and the
people
Bill of Rights
What was the point of the “right to bear arms”
or the right to deny “housing of a soldier”?
How are these still important today?
(literal wording vs. “spirit of Constitution”)
Other Amendments
(13) Abolition of slavery - 1865
(15) Black suffrage – 1870
(17) Direct election of Senators – 1913
(19) Women’s suffrage – 1920
(22) Limitation of Presidents to two terms –
1951
(23) Suffrage in D.C. - 1961
(26) Suffrage age limit lowered to 18 – 1971
(27) Congressional salaries - 1992