Concepts and Documents

Common Sense Declaration of Independence US Constitution Bill of Rights Federalist Papers Other Amendments

Concepts and Documents

Democracy Federalism Constitutionalism Separation of Powers

Common Sense

byThomas Paine

Common Sense

“[A] long habit of not thinking a thing WRONG, gives it a superficial appearance of being RIGHT, and raises at first a formidable outcry in defense of custom.”

What is he talking about?

Can you think of a similar situation?

Common Sense

“The cause of America is in a great measure the cause of all mankind.”

Exactly how is it the cause of all mankind?

Common Sense

Different nature of society and government: “the former promotes our happiness POSITIVELY by uniting our affections, the latter NEGATIVELY by restraining our vices. ... Society in every state is a blessing, but Government, even in its best state is but a necessary evil; in its worst state an intolerable one”

Explain. Do you agree?

Common Sense

Why society is necessary:

“For were the impulses of conscience clear, uniform and irresistibly obeyed, man would need no other lawgiver”

Common Sense

3 stages in the development of government:

(a) society: a fairly small group of people; one depends on another – people complement each other

Common Sense

(b) general assembly: larger population; some begin to “relax in their duty”, some regulations passed but not enforced by punishment, rather by “public disesteem”; “every man by natural right will have a seat” in the general assembly

Common Sense

(c) government: large population spread out across great distances; “it will be found best to divide the whole into convenient parts, each part sending its proper number”. Another general rule is that elections take place often, which means those in the government now might be common citizens in a short while (“their fidelity to the public will be secured by the prudent reflection of not making a rod for themselves”).

Common Sense

The goal (end) of government is freedom and security.

Best government simple: “I draw my idea of the form of government from a principle in nature which no art can overturn, viz. that the more simple any thing is, the less liable it is to be disordered, and the easier repaired when disordered.”

Common Sense

The Founding Fathers were influenced to a great extent by the ideas of the Enlightenment. Notice any examples?

Common Sense

Rousseau: Social contract theory (Natural man is best)

Ideals of liberté, fraternité, egalité (Government ought to enforce these)

Observing laws of nature (Simple is best) Rationality (common sense)

Common Sense

Additional Quotes

“[T]he constitution of England is so exceedingly complex, that the nation may suffer for years without being able to discover in which part the fault lies; ... and every political physician will advise a different medicine.”

Common Sense

Against the King:

“The state of a king shuts him from the World, yet the business of a king requires him to know it thoroughly.”

mankind should all be equal Israelites angered God in their request for a

King

Common Sense

Having said all this:

“In the following pages I offer nothing more than simple facts, plain arguments, and common sense”.

Paine also asks the reader to put aside all prejudice, consider the matter and then judge for himself.

Common Sense

America can prosper without Britain America does not need Britain's protection Europe, not Britain is the parent country difference of interests

And, additionally, “Even the distance at which the Almighty hath placed England and America is a strong and natural proof that the authority of one over the other, was never the design of Heaven.”

Common Sense

A call for a “Continental Congress” with a President (i.e. the one presiding) over it. Each session led by a different colony until all 13 have had their turn.

A call for a charter.Finally, a call to embrace freedom by means of

doing the above.

Common Sense

More arguments concerned with statistical facts (figures) rather than ideological questions.

Common Sense

Concludes with statements such as:

“nothing can settle our affairs so expeditiously as an open and determined declaration for independence”

“Until an independence is declared, the Continent will feel itself like a man who continues putting off some unpleasant business from day to day, yet knows it must be done...”

Declaration of Independence

byThomas Jefferson

Declaration

WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

Declaration

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,

Declaration

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.

Declaration

The History of the present King of Great- Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid World.

(a list of examples follows)

Declaration

WE, therefore, the Representatives of the UNITED STATES OF AMERICA ... do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES...

Common Sense vs Declaration

Now, there were quite a few points that both of the documents made. Can you think of what they were?

New Ideas

So what did they really want?

democracy constitutionalism federalism separation of powers

Can you say why (for each of these)?Think of the history.

US Constitution

US Constitution

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

US Constitution

Article I

“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

census necessary to determine the number of Representatives

US Constitution

Number of Representatives to be determined “by adding the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.”

What do they mean?

US Constitution

Article II

“The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term...”

US Constitution

“The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected...”

Guess how long it took the Congress to pass the same law about their salaries?

US Constitution

Article III

“The judicial power of the United States, shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The judges ... shall hold their offices during good behaviour...”

US Constitution

Article IV

relation of the states to each other federal-state relations

US Constitution

Article V

amending the constitution: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments...”

US Constitution

amendments go into effect when:

ratified by the legislatures of three fourths of the several states, or

by conventions in three fourths thereof

So far only 1 amendment was ratified by state conventions.

US Constitution

Article VI

supremacy of Constitution and national government

Notice: “no religious test shall ever be required as a qualification to any office or public trust under the United States.”

US Constitution

Article VII

ratifying the constitution

“The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitutions between the states so ratifying the same.”

Bill of Rights

Bill of Rights

(1) “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peacably to assemble, and to petition the Government for a redress of grievances.”

Bill of Rights

(2) Right to bear arms(3) Housing of soldiers(4) Search and arrest warrants(5) Rights in criminal cases(6) Rights to a fair trial(7) Rights in civil cases(8) Bails, fines and punishments(9) Rights retained by the people(10) Powers retained by the states and the

people

Bill of Rights

What was the point of the “right to bear arms” or the right to deny “housing of a soldier”? How are these still important today?

(literal wording vs. “spirit of Constitution”)

Other Amendments

(13) Abolition of slavery - 1865(15) Black suffrage – 1870(17) Direct election of Senators – 1913(19) Women’s suffrage – 1920(22) Limitation of Presidents to two terms –

1951(23) Suffrage in D.C. - 1961(26) Suffrage age limit lowered to 18 – 1971(27) Congressional salaries - 1992