Origins and Purposes of Law and Government Notes

John Locke

• Inspiration for the founding fathers.
• Ideas about natural law and social contract.
• Natural Law (Natural Rights):
  • Purpose of government: protect life, liberty, and property.
  • Influence on Thomas Jefferson: life, liberty, and the pursuit of happiness (Declaration of Independence).
• Social Contract:
  • People give up some power/rights to the government for protection.
  • Relevant to obeying the law, the constitution, and consent of the governed.

Montesquieu

• Enlightenment philosopher.
• Advocated for the separation of powers into three branches:
  • Legislative: make laws.
  • Executive: enforce laws.
  • Judicial: interpret laws.
• Checks and balances: each branch can limit the power of the other branches.

Magna Carta (1215)

• British noblemen forced the King of England to sign it.
• Limited the absolute power of the monarch.
• Principles:
  • Limited government.
  • Rule of law: not even the king was above the law.
  • Trial by jury.
  • King needed permission to pass new taxes (led to the evolution of legislative bodies).

English Bill of Rights

• Influence on the US Bill of Rights.
• Similar rights:
  • Freedom of speech (First Amendment).
  • No cruel and unusual punishment (Eighth Amendment).
  • Executive cannot pass taxes without legislative consent.

Mayflower Compact

• Signed by the Pilgrims.
• Established a government and rules/laws.
• Related 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 why the United States should be its own country.
• Influenced the founding fathers.
• Pushed the country towards declaring independence from Great Britain.

Events Leading to the Declaration of Independence

• English policies and responses to complaints.
• Complaints:
  • Taxes: Stamp Act, Sugar Act, Tea Act.
  • No taxation without representation.
  • Quartering Act: colonists forced to house British soldiers.
  • British ignored colonists' complaints.
  • Boston Massacre.
  • Lexington and Concord: fighting had started.

Declaration of Independence

• Sections:
  • Natural Rights/Role of Government:
    • Inspired by John Locke (life, liberty, and property).
    • Jefferson: life, liberty, and the pursuit of happiness.
    • Consent of the governed: people have power.
    • Popular sovereignty/social contract.
    • Right to alter or abolish the government if it takes away rights.
  • Grievances:
    • Official complaints against the king.
    • Examples:
      • Taxed colonies without consent.
      • Suspended trial by jury.
      • Limited judicial powers.
      • Didn't let them trade with other countries.
      • Dissolved legislatures.

Articles of Confederation

• First constitution/rule book that didn't work of the United States.
• Weaknesses:
  • Only one branch: legislative (Congress).
  • No executive (president) to enforce laws.
  • No judicial branch/national court system.
  • Rigid/hard to change.
  • Hard to pass laws (9/13 states).
  • Almost impossible to create changes/amendments (all 13 states).
  • Couldn't regulate trade.
  • Couldn't pass taxes.
• Shays' Rebellion:
  • Farmers rose up in Western Massachusetts.
  • Showed that the Articles were too weak and a stronger national government was needed.

Preamble to the Constitution

• Laid out the goals of the government.
• "We the people": people are in charge (popular sovereignty, people power).
• 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 our posterity (future generations).

Separation of Powers and Checks and Balances

• Separation of Powers: Three branches of government with distinct powers.
• Checks and Balances: Way for the three branches to stop each other to prevent too much power in one branch.
• Judicial Review: Supreme Court can declare a law unconstitutional.
• President's power to veto a law.
• Congress's ability to impeach the president or a supreme court justice.

Rule of Law

• Country guided by laws, not leaders.
• Protects against tyranny/abuse of power.
• Leaders must follow the law.

Sources of Law

• Where ideas for laws came from.
• Examples:
  • Code of Hammurabi.
  • English common law (precedents/rulings of previous court cases).

Types of Laws

• Civil: disputes between individuals/corporations (contracts, property, usually money).
• Criminal: people who do bad things that impact safety. $(\text{Impact} \rightarrow \text{Safety})$
• Constitutional: rights or government power.
• Military: special rules/laws for those serving in the armed forces.