WTP Institute / 2009

Professor Anthony Corrado (Colby College)

Unit 1: Ideological Origins of American Government

I.  The Declaration of Independence

  1. Declaration was a justification for independence / not the actual act of separation from England itself (that was signed two days prior)
  2. Founders felt that once the facts were out, rational individuals would come to same conclusion as their own (Need for Rebellion)
  3. 13 specific reasons why colonies declared independence
  4. A “long train of abuses…” / Describes a pattern of absolute tyranny
  5. Declaration provides basic principles of all “legitimate” governments
  6. All “reasonable” / “rational” people would agree upon these principles
  7. Life, Liberty, Pursuit of happiness
  8. Social Contract / Right to Revolution
  9. Gov’t based upon popular consent (Popular Sovereignty)
  10. Limited Government
  11. Protection of Individual Rights
  12. Declaration was a founding document of American political thought
  13. Ideas and principles of the Declaration had been circulating in the American Colonies (Paine) and Britain for years
  14. Declaration was first time these principles were put into practice on such a grand scale
  15. Lincoln’s Emancipation Proclamation looked back to the principles in the Declaration, not Constitution (four score… = 1776)

II.  British Constitutional Background

  1. “Declarations” themselves were part of British constitutional law (Unwritten Constitution)
  2. Declaration often highlighted rights that were not honored by the king
  3. British Constitution is comprised of
  4. Legal precedents
  5. Documents / Declarations
  6. Acts that constitute the body of laws and government structure of country
  7. Magna Carta 1215
  8. Provision limited amount of money king could take from barons
  9. Established rights of inheritance
  10. Peers should be judged by peers (trial by jury)
  11. Major Aspects / Principles of British “Common Law”
  12. Rule of Law / Limited Gov’t
  13. Parliament must approve laws (taxes and revenue)
  14. Right to Petition
  15. Property Rights
  16. Judicial Rights
  17. Trial by Jury / Habeas Corpus / Equitable Payments Based on Precedents
  18. Voting eligibility is considered a privilege, not a right
  19. Representatives of each “borough” (District) did not have to live there
  20. Therefore, parliament was not really representative of each region’s interests
  21. No true right to a fair trial / Corporal Punishment is legal
  22. No freedom to buy or sell goods at your own discretion / must get approval of govt
  23. No freedom of religion
  24. Established church of England
  25. No Separation of Church and State
  26. Structure / Powers of British Government
  27. Monarch (King)
  28. Most power lied with monarch
  29. Head of state
  30. Head of military
  31. Head of church
  32. Ecclesiastical (Religious) authority
  33. Grant titles of nobility
  34. Great control over legislature
  35. Could dissolve parliament (the legislature)
  36. Could also decide to never have them meet
  37. Decides when elections are held
  38. Could suspend Laws
  39. Grant Pardons
  40. After Glorious Revolution (1688) First Minister established
  41. Develops into Prime Minister
  42. Over time, position becomes becomes Head of Gov’t, limiting monarchs power
  43. Parliament
  44. House of Lords
  45. Temporal (Secular) - Appointment or Hereditary
  46. Spiritual – Bishops and Other Religious Nobility
  47. Veto power over legislation
  48. Very loyal to the Monarch
  49. House of Commons
  50. More “Representative”
  51. Determine Tax Law
  52. Powers checked (limited) by upper house (Lords)
  53. Most power today lies in House of Commons

k.  Divine Right Theory

  1. Origins from Scripture
  2. God made Adam ruler of all things on Earth
  3. Adams descendent then had a right to rule
  4. All kings could trace lineage to Adam
  5. Origins From Natural Hierarchies (Great chain of being)
  6. Ex) lion is king of animal kingdom, sun rules universe
  7. Monarchy or Tyranny?
  8. Is monarch really serving interest of the people?
  9. Opposition group rose in Parliament (Whigs)
  10. Loyalists called Tories
  11. Opposition to Divine Right Theory Develops
  12. If divine right is illegitimate, what justifies government’s right to rule?
  13. Natural Rights Philosophers emerge to answer this question
  14. Social contract amongst people to form government
  15. Human reason and social contract is basis of government
  16. Thomas Hobbes (Leviathan)
  17. John Locke
  18. Rousseau

III.  Philosophical Foundations

  1. Classical Republicanism
  2. Role of Citizens
  3. Citizens must be willing to obey laws
  4. Legislature must address common interest / public good
  5. Majority must respect rights of minority
  6. Civic Virtue is necessary amongst all citizen for gov’t to function effectively
  7. Virtuous citizenry
  8. Aristotle (384-322)
  9. “man is a political animal”
  10. Human nature has a capacity for virtue
  11. Virtue can only be achieved in political life (Polis)
  12. Polis is the arena to develop virtue
  13. Goal of life is to learn to make right choices on the path to virtue
  14. You must restrain your passions / self-interest at times
  15. Reason must govern your will and desire
  16. Engaging in public life forces you to make decisions for the betterment of the community
  17. Idios – one who is disengaged from public life
  18. You can be a good citizen and not be a good person (Nazi Germany)
  19. Laws must lead citizens towards virtue
  20. Types of Gov’t

Just / Unjust
One / Monarchy / Tyranny
Few / Aristocracy / Oligarchy
Many / Polity (Const. Gov’t) / Democracy
  1. Democracy considered mob rule. Not virtuous, want no limits. Only pass laws in their own favor. (ex. Strip wealthy of their wealth)
  2. Democracies lead to tyrannies because after chaos ensues, a general tends to rise up, lead the people, and restore order. Thus, a monarchy is developed.
  3. Gov’t runs best when run by a large middle class
  4. Features of Polity
  5. Rule of Law
  6. Middle Class
  7. Many different offices / short terms
  8. Mixed Constitution
  9. Civic Virtue
  10. 18th Century Classical Republicanism

i.  Citizens must understand that liberty does not mean license.

  1. Citizens must value hard work, love of family, honor, justice, pursue common good.
  2. Best way to gain esteem and honor is to serve the public good. (ex. Washington / Cincinnatus)
  3. Characteristics of Gov’t
  4. Short terms in office / rotation in office
  5. Want to avoid political class
  6. Preserve rights and liberties
  7. Gov’t based upon middle class (ex. Yeoman Farmer)
  8. Works best in smaller territories / Confederacies (Montesquieu)
  9. Citizens need to be able to see the workings of government, participate…
  10. Education (Public)
  11. John Locke (1632-1704)
  12. Wrote in response to Filmer’s Patriarcha (1680) which justified divine right theory
  13. Locke’s First Treatise of Gov’t attacks divine right theory / Patriarcha
  14. Argument
  15. No mention in bible of Adam passing on right to his heirs
  16. Even so, We are all Adam’s heirs!
  17. ***Second Treatise*** – Locke explains the basis and principles of government
  18. Basic Principles
  19. Human Reason
  20. Separation of Church & State
  21. Individual Rights
  22. Social Contract Theory
  23. Locke worked backwards (State of Nature)
  24. What if there was no government at all” (state of nature)
  25. Then we can discover why government was needed
  26. State of nature – everyone is free, all are equal, no person has power over another, all persons equally endowed with reason
  27. Reason leads one to conclude that individual rights are needed
  28. Natural Laws – Dictates of Reason
  29. Preserve yourself / help other when needed
  30. Right to property, you own the fruits of your own labor
  31. Right to punish those who violate your rights
  32. However, under certain conditions reasonable people will disagree. This can lead to state of war.
  33. Human self-interest can distort one’s reason
  34. In state of nature, property is never secure
  35. Conflicts over property rights naturally ensue

c.  We must give up some individual rights to ensure preservation

  1. Purpose of Gov’t
  2. Must set up rules and laws
  3. Need for an arbitrary / impartial judge
  4. Must enforce laws
  5. Social Contract
  6. Gov’t must be based upon popular consent.
  7. Majority rule dictates what type of government you have
  8. Representative assemblies are best form of gov’t
  9. Separation of Powers, Limited Gov’t
  10. Legislative Supremacy
  11. Legislative powers are most important since the rule of law enables governments to work
  12. Legislative power must be limited
  13. Legislatures must never enforce laws
  14. Executive needed to enforce, must have some discretion
  15. No branch can rule arbitrarily / rule of law
  16. Right to Revolution
  17. Gov’t may not always work or serve its purposes
  18. However, to justify revolution, there must be a long train of abuses on the part of government
  19. Does majority rule protect minority rights?

a.  Much depends upon the character of the citizens

  1. Adam Smith
  2. Gov’t must serve the purposes of which the free market does not address.
  3. ex. Infrastructure, education