Philosophy Of Constitution Student

OBJECTIVE: 8 – U3.3.7 Using important documents (e.g., Mayflower Compact, Iroquois Confederacy, Common Sense, Declaration of Independence, Northwest Ordinance, Federalist Papers), describe the historical and philosophical origins of constitutional government in the United States using the ideas of social compact, limited government, natural rights, right of revolution, separation of powers, bicameralism, republicanism, and popular participation in government. (C2) We can use important documents to identify the historical and philosophical origins of constitutional government in the United Sates. The ideas of Social compact, limited government, natural rights, right of revolution, separation of powers, checks and balances, bicameralism, republicanism (supreme power in the representatives), and popular participation in government are embedded in the following documents: Mayflower Compact, Iroquois Confederacy, Common Sense, Declaration of Independence, Northwest Ordinance, and Federalist Papers

Let’s take a closer look into the origins (beginnings) of our constitution!

Use the word PRECEDENT in a sentence. Precedent: example, model, guide, standard , impacting_________________________________________________________________________________ _________________________________________________________________________________ __

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Magna Carta of 1215 •

Description: British nobleman forced their ruler to sign and abide by the constitution •

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A free man shall not be amerced [punished] for a trivial offense except in accordance with the degree of the offense, and for a grave offense he shall be amerced in accordance with its gravity . . . ." •

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What precedent does this set?

What precedent does this set?

The Mayflower Compact (1620) •

IMAGINE: over 100 people, cut off from any government, with a rebellion brewing. Only staunch determination would help the Pilgrims land and establish their colony. If they didn't work as a group, they could all die in the wilderness. The Pilgrim leaders realized that they needed a temporary government authority. Back home, such authority came from the king. Isolated as they were in America, it could only come from the people themselves. Aboard the Mayflower, by necessity, the Pilgrims and "Strangers" made a written agreement or compact among themselves. The colonists had no intention of declaring their independence from England when they signed the Mayflower Compact. In the opening line of the Compact, both Pilgrims and "Strangers" refer to themselves as "loyal subjects" of King James. The rest of the Mayflower Compact is very short. It simply bound the signers into a "Civil Body Politic" for the purpose of passing "just and equal Laws . . . for the general good of the Colony."

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Precedent/ impact: S______________________ C____________________ •

RULE BY THE _________________________

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CDV:

P______________________

S________________________

(________________________-RULE GOVERNMENT )

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Iroquois Constitution ~1722 •

Mohawk, Onondaga, Seneca, Oneida, Cayuga, Tuscarora

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Splits up the Mohawk Council into three parties: the Tekarihoken, Ayonhwhathah and Shadekariwadeare the first party; Sharenhowaneh, Deyoenhegwenh and Oghrenghrehgowah are the second party, and Dehennakrineh, Aghstawenserenthah and Shoskoharowaneh are the third party. The Purpose of the third party is to monitor what the first and second parties are discussing to make sure they don’t make any mistakes.

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IMPACT #1:

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IMPACT #2:

In the Iroquois system of government they have two sets of Confederate Lords: Mohawk and Seneca Lords; Oneida and Cayuga Lords. Any questions will first be passed through the Mohawk and Seneca Lords, and then it will be discussed by the Oneida and Cayuga Lords. •

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IMPACT #3:

Common Sense 1776: • A government of our own is our natural right: and when a man seriously reflects on the precariousness (instability / shakiness)of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. … • O! ye that love mankind! Ye that dare oppose not only the tyranny but the tyrant, stand forth! • IMPACT:

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IMPACT:

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The Declaration of Independence (1776) •

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 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.

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IMPACT:

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IMPACT:

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IMPACT:

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IMPACT:

The Federalist Papers (1787-88) :A series of 85 articles written anonymously by Alexander Hamilton, James Madison, and John Jay. Originally published in New York newspapers, the papers were designed to convince New Yorkers to ratify the Constitution. Today, the Federalist Papers help clarify what the Constitution’s authors intended. •

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Federalist Paper 47--James Madison The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. IMPACT:

Federalist Paper 23--Alexander Hamilton The principle purposes to be answered by Union are these -- The common defense of the members -- the preservation of the public peace as well as against internal convulsions as external attacks -- the regulation of commerce with other nations and between the States -- the superintendence of our intercourse, political and commercial, with foreign countries. 1. According to Hamilton, what are the main purposes of forming a Union under the Constitution? Make a list in your own words.

2. Do the majority of Hamilton's purposes relate to domestic or to foreign affairs?

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Federalist Paper 51--James Madison •

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. 1. Which of the following statements would Madison agree with based on his views in the above excerpt? a. Government is necessary. b. The people should elect government leaders who act like angels. c. Elected government officials should be controlled by a system of "checks and balances." 2. Why did he believe this?

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Federalist Paper 78--Alexander Hamilton "If then the courts of justice are to be considered as the bulwarks of a limited constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges, which must be essential to the faithful performance of so arduous a duty. This independence of the judges is equally requisite to guard the constitution and the rights of individuals from the effects of . . . designing men." 1. What does Hamilton mean by "the permanent tenure of judicial offices"?

Does Hamilton support or oppose this idea? 2. What does Hamilton mean when he says that an "independent spirit in the judges" is essential for them to do their duty?

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Aristotle's Politics GREEK: 323 BC

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"Where the laws are not sovereign, there is no constitution." IMPACT (on people and government):

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Different men seek after happiness in different ways and by different means, and so make for themselves different modes of life and forms of government. o IMPACT: