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384 BCE
Aristotle
Nicomachean Ethics
Virtues/Vices included all was about balance, moderation was key and a good person isn't materialistic
Man is a Political Animal
Man was given the power of speech alongside knowledge of good and evil
True Forms of Government
Monarchy, Aristocracy, Polity
Foundations for Constitution
Wisdom can be found in the multitude
Collection of many men with different virtues
Basis of constitutionalism starts with Greek and Aristotle
Rule of Law: Law is reason unaffected by desire -
May 3, 1473
Machiavelli
The Prince
Separates the pursuit of power from Morality, Ethics, and Religion
Whatever is necessary done for power ( Code of Statesman)
Dual- Layered Ethics
Best to be both feared and loved but a prince must be feared above all else
Stark look at humanity
Good Prince: Deceptive, cunning, two faced ( lamb vs. lion) ambitious
Power > Social Values
Machiavelli wanted to give a blueprint for how to be a skillful ruler -
Thomas Hobbes
Leviathan
Lays down basis of how states are formed and legitimacy
Stark View of Human Nature: Human inherently selfish (Realism)
Social Contract
We voluntarily give up our liberty to act on our own self interest and over to social contract for protection
Purpose of Gov.
Created to protect ourselves from our evil nature
State of Nature is constant warfare
All men are equal in the ability to kill
Political Realism
Laws of Human Nature: Power and Self Interest -
John Locke
State of Nature: Man is naturally civilized
Law of Nature thorough reason, defines right and wrong
Primitive Community Law: Transgressions judged by the injured party ( Reflects present international relations)
Men are subject to the laws of nature, not to an absolute authority
Social Contract: Establish organized law and order, bring stability.
Rule of Law: Settled, Standing rules apply to all
Natural Rights: Life, Liberty, Property
Heavy Influence upon Founding Generation (Declaration) -
Federalist and Anti- Federalists
Anti-Federalists: Opposed strong federal gov.
Opposed until inclusion of Bill of Right
Figures: Jefferson, Monroe, Henry, Adams
Economy: Dominated by farmers, local power
Felt states were free agents and should manage own revenue
Federalists: Supported strong national gov./ratification of Constitution
Figures:Hamilton, Washington, Locke, Jay
Dominated by big business, wanted gov. to regulate the economy
Felt individual fiscal and monetary policies led to economic struggles -
Federalism- Part 1
Federalism system of government dividing power between national and state gov..
Made as a compromise between those constitutional delegates who stressed national supremacy and those delegates who each government supreme is within its own sphere of operations, it is also sometimes called dual sovereignty.
States Rights/ Federal Government
The supremacy clause states that the national law is absolute to all other laws passed by states -
Federalism- Part 2
Principles for State-Federal Relations
Exercise Federal Forbearance
Avoid Federal Preemption of State Laws and Policies
Congress should not interfere with state revenue systems.
State standards should be preserved
Judicial branch should respect state authority.
Avoid Imposing Unfunded Federal Mandates.
Designing Federal-State Programs.
A continued federal role in protecting the basic rights of all citizens and in addressing issues beyond the capacity of individual states.
www.nga.org -
Constitution
American Revolution: Gain independence from Britain
Declaration of Independence: Colonists grievances against Britian justifying revolution
Locke's Influence: Natural Rights, Consent of gov., limited gov.
Articles of Confederation: Failed due to unpopular belief of all gov. power resting on the states.
Philadelphia Conventions: Propose Amendments to Articles: Solve economic crisis, and Nature of Gov.
Solves Issues of Equality
Madisonian Model: Separation of Power ( Checks and Balances) -
Bill Of Rights
The Bill of Rights is a list of limits on government power
Freedom of religion, speech, press, assembly, and petition.
Right to keep and bear arms
No quartering of soldiers.
Freedom from unreasonable searches and seizures.
Right to due process of law, freedom from self-incrimination, double jeopardy.
Rights of accused persons,
Right of trial by jury in civil cases.
Freedom from excessive bail, cruel and unusual punishments.
Other rights of the people.
Powers reserved to the states.
