Download Philosophical Origins of the US Constitution Name

Philosophical Origins of the US Constitution
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I can describe how John Locke’s views on inalienable and natural rights.
I can explain the meaning and relationship between the Magna Carta and the US Constitution.
I can describe the connection between Athenian and American democracy.
I can connect ideas in the Mayflower Compact to the US Constitution.
I can compare the ideas contained in the English Bill of Rights with the ideas in the US Constitution.
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Either working alone, or in small groups, students will read each section of the reading
material.
After reading, students will summarize the section in 3-5 complete sentences in paragraph
format.
o This means no bullet points.
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Athenian Democracy
The Magna Carta
Name
The English Bill of Rights
Mayflower Compact
John Locke
Athenian Democracy
Ancient Athens is often referred to as the cradle of democracy. The
Athenians developed a unique system of government in which
citizens were allowed to take part in the decision-making process.
They called it democracy. One of their most famous leaders,
Pericles, described their government this way:
"Our government does not copy our neighbors, but is an
example to them. It is true that we are called a
democracy, for the administration is in the hands of the
many and not of the few."
The Athenian form of democracy was called Direct Democracy. All
the male citizens (rich land-owning citizens, that is) would gather,
discuss the issues, and then vote on them. This was possible
because the male population in Athens was small, about 40,000
men. This was an advanced form of government for again, as
Pericles noted, most governments at the time were ruled by
monarchs or small groups of people. The idea of giving people the
power to make important decisions is an important democratic
principle.
Athenian democracy is limited to only male citizens who owned
land, and were born in the city of Athens. Women, slaves and
foreigners were excluded.
Our Founders realized that the Athenian form of democracy was
impractical in large nations. They took the idea of democracy and
came up with "representative democracy." Under this system,
citizens elect representatives to make these decisions for them. It's
for this reasons we have elections through which we elect our
leaders.
The Mayflower Compact
The Pilgrims took one of the early steps toward democracy
in America aboard the Mayflower in 1620. Shortly before
their arrival, the colonists agreed on a set of laws that
would govern their Plymouth colony in Massachusetts.
These laws, which came to be known as the Mayflower
Compact, in essence, stated that the government would
make "just laws and equal" with the consent of the
colonists…that they could create laws that would affect
everyone.
The Mayflower Compact was the first governing document
of Plymouth Colony. It was written by the colonists, later
together known to history as the Pilgrims, who crossed the
Atlantic aboard the Mayflower. Almost half of the colonists
were part of a separatist group seeking the freedom to
practice Christianity according to their own determination
and not the will of the English Church. It was signed on
November 11, 1620 by 41 of the ship's more than one
hundred passengers.
This was the logical outcome of the Calvinist' or Puritan
theory of government that influenced even non-Puritans.
The only problem here is the fact the Mayflower Compact
itself swore an oath of loyalty to England. The idea taken
from this was a charter between God and man seems to be
the main idea carried forth to the American Constitution.
The English Bill of Rights
It's long name was An Act Declaring the Rights and Liberties of the
Subject and Settling the Succession of the Crown. In 1688, William
and Mary became the new King and Queen of England through a
peaceful revolution known as the Glorious Revolution. To prevent
further abuse by the monarchy, Parliament (the British Legislative
branch) forced the new King and Queen to sign the English Bill of
Rights. The Bill then guaranteed certain basic rights to prevent abuses
including the following:
• Freedom from royal interference with the law.
o Though the sovereign remains the fount of justice, he or she
cannot unilaterally establish new courts or act as a judge.
• Freedom from taxation by Royal Prerogative.
o The agreement of parliament became necessary for the
implementation of any new taxes. Freedom to petition the
monarch.
• Freedom from the standing army during a time of peace.
o The agreement of parliament became necessary before the
army could be moved against the populace when not at war.
• Freedom for Protestants to bear arms for their own defense, as
suitable to their class and as allowed by law.
• Freedom to elect members of parliament without interference
from the King or Queen.
• Freedom of speech and debates;
o Proceedings in Parliament ought not to be impeached or
questioned in any court or place out of Parliament.
Note that the Bill of Rights began by listing the grievances of the nobles
against the King. Similarly, the American colonists began the
Declaration of Independence by listing their grievances against King
George. It was a predecessor of the United States Bill of Rights, the
Canadian Charter of Rights and Freedoms, the United Nations
Universal Declaration of Human Rights and the European Convention
on Human Rights. For example, as with the Bill of Rights, the US
constitution requires jury trials and prohibits excessive bail and "cruel
and unusual punishments."
John Locke
No other individual influenced the author of the
Declaration of Independence more than Unitarian John
Locke (1632-1704). He was a British philosopher who
rejected the idea that Kings had a divine right to rule.
Instead, Locke argued that people are the source of power,
not kings.
Locke argued that people are born with certain "natural" or
"inalienable" rights. These include the right to "life, liberty
and property." Government did not give people these rights;
rather they are born with them and as such, no
government can take them away.
According to Locke, people formed governments to protect
their rights, which he called a "social contract." People
agreed to obey the government and in return, government
had the responsibility to protect peoples' natural rights.
Locke also argued that if the government failed to protect
our natural rights, then the people had the right to replace
the government. Locke's ideas became very influential in
developing democratic ideas. Thomas Jefferson, in writing
the Declaration of Independence, drew heavily from the
writings of John Locke.
The Magna Carta
The Founding Fathers found the Magna Carta an inspiring
source. In 1215, a group of English nobles demanded
certain rights, and forced the King to sign the Magna Carta
(Latin for the Great Charter). The Magna Carta was the
first document that specifically limited the rights of a King,
and directly challenged the idea that God gave them
ultimate power. To say that this document changed things
would be the biggest understatement, ever.
500 hundred years later the American colonists were to
use this example to demand their rights from the British
King.
The colonists had read the Magna Carta, and felt that their
new Constitution should include the right of jury trial,
protection of private property, limits on taxation, and some
religious freedoms.
However, in most of their early discussions, they intended
that these rights were to be enjoyed by the rich; it didn't
apply to the people. In time, these rights above became a
part of our Bill Of Rights and apply to all.