Origins and Purposes of Law and Government

John Locke

  • Big inspiration for the founding fathers.

  • Ideas about natural law and the social contract are key.

Natural Law (Natural Rights)

  • John Locke's ideas influenced Thomas Jefferson in the Declaration of Independence.

  • Locke: Government's purpose is to protect life, liberty, and property.

  • Jefferson: Changed it to life, liberty, and the pursuit of happiness.

Social Contract

  • People agree with the government to give up some power and rights.

  • In return, the government provides protection.

  • Related to obeying the law, the Constitution, and consent of the governed.

Montesquieu

  • Advocated for separating governmental power into three branches:

    • Legislative: Makes laws.

    • Executive: Enforces laws.

    • Judicial: Interprets laws.

  • Framers of the Constitution expanded this with checks and balances.

Magna Carta (1215)

  • British noblemen forced the King of England to sign it.

  • Limited the absolute power of monarchs.

  • Key principles:

    • Limited government: Power is not absolute.

    • Rule of law: No one is above the law, not even the king.

Additional Points

  • Barons gained trial by jury.

  • King needed permission to pass new taxes.

  • Barons became advisors, evolving into a legislative body (Parliament/Congress).

English Bill of Rights

  • Significantly influenced the U.S. Bill of Rights.

  • Contains similar rights:

    • Freedom of speech (First Amendment).

    • No cruel and unusual punishment (Eighth Amendment).

  • Executive (king) cannot pass taxes without legislative consent (Parliament/Congress).

Mayflower Compact

  • Signed by Pilgrims to establish a government and rules.

  • Key concepts:

    • Self-government: People rule themselves.

    • Rule of law: System of laws for everyone.

    • Social contract: Agreement to live under a government.

Thomas Paine's Common Sense (1776)

  • Pamphlet arguing for the United States to become independent from Great Britain.

  • Influential in pushing the country towards declaring independence.

Events Leading to the Declaration of Independence

  • English policies and responses to colonial complaints.

    • Taxes: Stamp Act, Sugar Act, Tea Act.

    • No taxation without representation.

    • Quartering Act: Colonists forced to house British soldiers.

    • British ignored colonial complaints.

    • Events: Boston Massacre, Lexington and Concord.

Declaration of Independence

Natural Rights/Role of Government Section

  • Inspired by John Locke.

    • Locke: Protect life, liberty, and property.

    • Jefferson: Life, liberty, and the pursuit of happiness.

  • Consent of the governed: People hold the power.

    • Popular sovereignty.

    • Social contract.

  • Right to alter or abolish government if it takes away rights.

Grievances Section

  • Official complaints against the king.

  • Key grievances:

    • Taxed colonies without consent.

    • Suspended trial by jury.

    • Limited judicial powers.

    • Restricted trade.

    • Dissolved legislatures.

  • King took away colonists' political and individual rights.

Articles of Confederation

  • First government rule book/constitution.

Weaknesses

  • One branch: Legislative (Congress).

  • No executive (president) to enforce laws.

  • No judicial branch (national court system).

  • Rigid and hard to change.

    • Difficult to pass laws (9/13 states).

    • Almost impossible to amend (all 13 states needed).

  • Couldn't regulate trade.

  • Couldn't pass taxes.

Shays' Rebellion

  • Farmers' rebellion showed the Articles were too weak.

  • Demonstrated the need for a stronger national government (e.g., military).

Constitution: Preamble

  • Lays out the goals of the government.

  • "We the people": Popular sovereignty.

  • Goals:

    • Form a more perfect union: Make a better country.

    • Establish justice: Make a fair country.

    • Ensure domestic tranquility: Keep the country peaceful.

    • Promote the general welfare: Ensure people are healthy and happy.

    • Secure the blessings of liberty: Provide freedom to ourselves and future generations (posterity).

Separation of Powers and Checks and Balances

  • Separation of powers (Montesquieu): Prevent any one part of the government from having too much power.

  • Checks and balances: Branches can stop each other to prevent abuse of power or tyranny.

Examples

  • Judicial review: Supreme Court can declare laws unconstitutional.

  • President's veto power.

  • Congress's ability to impeach the president or Supreme Court justices.

Rule of Law

  • Country guided by laws, not leaders.

  • Protects against tyranny and abuse of power.

  • Leaders must follow the law.

  • Maintains safety, security, and protects rights.

Sources of Law

  • Where ideas for laws come from.

  • Examples:

    • Code of Hammurabi.

    • English common law.

    • Code of Justinian.

Types of Laws

  • Civil: Disputes between individuals/corporations (contracts, property).

  • Criminal: Actions impacting public safety.

  • Constitutional: Rights and government power.

  • Military: Rules for armed forces members.