Impact of the Age of Enlightenment on America

1
Impact of the Age of Enlightenment on America
2
Essential Understandings

• New political ideas about the relationship
  between people and their government helped to
  justify the Declaration of Independence.
• The revolutionary generation formulated the
  political philosophy and laid the foundations for
  the system of government under which we live.

3
Essential Understandings

• The American Revolution was inspired by ideas
  concerning natural rights and political
  authority, and its successful completion affected
  people and governments throughout the world for
  many generations.

4
Democratic Ideas

• Three Enlightenment thinkers developed new ideas
  to identify the best possible form of government
• John Locke was an English philosopher who argued
  that government was a contract between the rulers
  and the people. Government is for the good of the
  people.
• Charles-Louis Montesquieu, a Frenchman, believed
  that government should be divided into separate
  branches in order to limit its power.
• Jean-Jacques Rousseau, who was also French,
  criticized the power of divine right. He believed
  that government should express the will of the
  people.

5
Influence of John Locke
6
Ideas in the Declaration of Independence

• John Locke author of Two Treatises on Government
• Man possessed natural rights (life, liberty, and
  property)
• Government exists because of a contract between
  the ruler and the people
• A ruler only has power as long as he has the
  consent of the governed
• A ruler cannot deny people their basic rights of
  life, liberty, and property)

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Influence of Jean Jacques Rousseau
8
Ideas of Rousseau Seen In USA

• Jean Jacques Rousseau wrote Social Contract
• People would form a community and make a contract
  with one another, not a ruler
• People would give up some of their freedoms to
  benefit the majority
• People would vote on decisions and live by those
  decisions

9
Rousseau

• Believed that people were born good, but
  corrupted by the environment, bad government, and
  laws.
• He believed the best government used POPULAR
  SOVEREIGNTY or a vote by all of the people.

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Influence of Baron de Montesquieu
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Ideas of Montesquieu Seen in USA

• Baron de Montesquieu wrote The Spirit of Law
• Promoted a system of checks and balances
• Separation of powers
• The best way to protect natural rights is to
  limit a governments power

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Montesquieu

• Montesquieu Described the perfect government.
  Power provided evenly over three branches of
  government - SEPARATION OF POWERS
• a. Legislative Made laws (Congress)
• b. Executive Administered laws (President,
  army, etc.)
• c. Judicial Interpreted and applied laws.
  
• (Supreme Court and lesser courts.)
• Montesquieu believed each branch should
  be subject to checks and balances.

13
Influence of Voltaire
14
Voltaire

• Voltaire Used public opinion to fight
  injustice. I do not agree with a word you say,
  but I will fight to the death for your right to
  say it.
• Believed the perfect government needed freedom
  of speech and of religion.

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Influence/Role of Thomas Paine
16
Thomas Paine and Common Sense

• Thomas Paine writes a pamphlet called Common
  Sense
• Argues that the colonists should free themselves
  from British Rule and establish an independent
  government based on the ideas of the
  Enlightenment
• Written in a simple style so ALL colonists could
  understand it
• 500,000 copies sold
• Colonists support independence as a result

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• We have it in our power to begin the world over
  again. A situation, similar to the present, hath
  not happened since the days of Noah until now.
  The birthday of a new world is at hand, and a
  race of manare to receive their portion of
  freedom from the event of a few months. Thomas
  Paine (English-born U.S. political philosopher,
  1737-1809), Common Sense, 1776

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Separation Of Powers
Govts power comes from the people
People have natural rights to life, liberty and
property
Enlightenment Ideas
Checks Balances
US Constitution
Checks Balances
Guaranteed Individual Rights
Govts authority comes from people
Separation of three branches of govt
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The Declaration of Independence
20

• Rebellion to tyrants is obedience to God.
  Thomas Jefferson (U.S. president 1743-1826),
  motto on his seal

21
Declaring Independence

• Summer 1776, the Continental Congress appoints a
  committee to begin drafting a declaration stating
  reasons for independence
• John Adams, Benjamin Franklin, Thomas Jefferson,
  Robert Livingston, and Roger Sherman appointed to
  write a declaration of independence
• Thomas Jefferson selected to write the document

22
Principles of the Declaration of Independence

• Natural rights life, liberty and the pursuit of
  happiness
• Governments derive their power from the people
  and could be abolished if individuals
  unalienable rights (rights everyone has from
  birth) were trampled
• All men are created equal
• Listed how England had violated the colonists
  unalienable rights

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Major Themes of the Declaration of Independence
We hold these truths to be self-evident
Self evident truths
Human equality
All men are created equal
They are endowed by their Creator with certain
unalienable rights
Among these rights Life Liberty Pursuit of
happiness
Natural rights
To secure rights
Purpose of govt
Consent of the governed
Measure of Justice
Whenever any form of govt is destructive of the
security of natural rights
Right of Revolution
Prudence Long-established govts shouldnt be
overthrown for light and transient
causes Experience Men are more disposed to
suffer while evils are sufferable than to right
themselves
Limits to the right of revolution
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The Declaration of Independence

• 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. .
• That whenever any form of government becomes
  destructive to these ends, it is the right of the
  people to alter or abolish it, and to institute
  new government. . .

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Parts of the Declaration of Independence

1. Preamble legal and philosophical justification
   for the revolution and colonial independence
2. Declaration of rights - governments cant trample
   a mans rights and if it does, it can be over
   thrown.
3. List of grievances outlines the how King George
   had violated the colonists rights
4. Statement of independence

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Causes of the American Revolution
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Essential Understandings

• The ideas of the Enlightenment and the perceived
  unfairness of British policies provoked debate
  and resistance by the American colonists.

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Causes of the American Revolution
The 13 English Colonies Growing Discontent Early Clashes
Part of British global trade Mercantilist policies Navigation Acts regulated colonial trade Colonists felt entitled to the rights of English citizens French and Indian War drained British treasury. Britain passed and enforced new tax law on the colonists No taxation without representation. Boston Massacre Boston Tea Party Punitive laws passed by British to punish colonists Continental Congress with representatives from all 13 colonies
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Reasons for Independence

• Over 100 years of the policy of salutary neglect
  by the British government (relaxed policies,
  allowed for self government in the colonies)
• French and Indian War
• Series of taxes on the colonies to pay off war
  debt (taxation without representation)
• Colonist not allowed to move into territory won
  from France

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The Beginning of the American Revolution

• Resistance to British rule in the colonies
  mounted leading to war
• The Boston Tea Party was staged
• The First Continental Congress was called to
  which all thirteen colonies sent representatives,
  the first time the colonies had all acted
  together
• The Boston Massacre took place when British
  troops fired on anti-British demonstrators

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The Creation of the Constitution
32
Essential Understandings

• During the Constitutional Era, the Americans made
  two attempts to establish a workable government
  based on republican principles.

33
The Articles of Confederation

• American political leaders, fearful of a powerful
  central government like Englands, created the
  Articles of Confederation, adopted at the end of
  the war.
• Provided for a weak national government
• Gave Congress no power to tax or regulate
  commerce among the states
• Provided for no national currency
• Gave each state one vote regardless of size
• Provided for no executive or judicial branch

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Articles of Confederation to Constitution
There were too many problems with the Articles of
Confederation so the 13 states each sent
delegates to a meeting in Philadelphia in 1787.
At the meeting, later called the Constitutional
Convention, the delegates developed the
Constitution of the United States.
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Forming a New Government

• The Articles of Confederation
• Colonists had to learn to work together, form new
  government
• First government established by Articles of
  Confederation, approved 1781
• National government made deliberately weak to
  avoid abuses of power
• Government had no power to tax, could not
  negotiate with foreign nations
• Articles produced government too weak to govern
  effectively

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The US Constitution
37
Essential Understandings

• The Constitution of the United States of America
  established a government that shared power
  between the national government and state
  governments, protected the rights of states, and
  provided a system of orderly change through
  amendments to the Constitution itself.

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Forming a New Government

• Influence of Enlightenment thought on
  Constitution very powerful
• Founding principle, government exists for the
  people
• Reflected Lockes and Rousseaus idea of
  government by consent of people
• Division of government into three branches
  reflected Montesquieus idea of separation of
  powers

39
Federalists versus Anti-Federalists

• In order for the Constitution to take effect,
  nine of the thirteen states had to ratify, or
  approve, it.
• The supporters of the Constitution with a strong
  national government were called Federalist, those
  who apposed the Constitution with a strong
  national government were called Anti-federalist.

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Impact of Anti-Federalists
The Anti-federalist did not want to approve of
the Constitution unless it contained a Bill of
Rights to protect the basic freedoms of man. In
May,1788 New Hampshire became the ninth state to
ratify the Constitution. Enough states had now
approved of the Constitution to put it into
operation. In 1791 the Bill of Rights, ten
amendments that protected individual rights, was
added to the Constitution.
41
The Principles of the United States
Constitution
42

• We, the people of the United States, in order to
  form a more perfect union, establish justice,
  insure domestic tranquility, provide for the
  common defense, 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.
  Constitution of the United States, Preamble, 1787

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Key Aspects of the Constitution

• Made federal law the supreme law of the land, but
  otherwise gave the states considerable leeway to
  govern themselves.
• Balanced power between large and small states by
  creating a Senate (where each state gets two
  senators) and a House of Representatives (with
  membership based on population).
• Placated the Southern states by counting the
  slaves as three-fifths of the population when
  determining representation in the House of
  Representatives.
• Avoided a too-powerful central government by
  establishing three co-equal brancheslegislative,
  executive, and judicialwith numerous checks and
  balances among them.
• Limited the powers of the federal government to
  those identified in the Constitution.

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Popular Sovereignty

• Power comes from the people!
• (Rousseau)

45
I. Popular Sovereignty

• The people hold the ultimate authority
• A representative democracy lets the people elect
  leaders to make decisions for them.

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Limited Government

• To prevent an absolute monarchy
• (Locke)

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II. Limited Government

• Framers wanted to guard against tyranny
• Government is limited to the power given them in
  the Constitution.
• The Constitution tells how leaders who overstep
  their power can be removed

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Division of Power

• To prevent an absolute monarchy
• (Montesquieu)

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III. Federalism

• The division of power between State and National
  Governments
• Some powers are shared
• The National Government has the supreme power

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Separation of Power and Checks and Balances

• To prevent an absolute monarchy
• (Montesquieu)

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IV. Separation of Powers

• No one holds too much power
• Divided into three branches
• legislative, executive, and judicial

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Legislative Branch

• Senate and House of Representatives
• Make our laws
• Appropriate Money
• Regulate Immigration
• Establish Post Offices and Roads
• Regulate Interstate Commerce and Transportation
• Declare War

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Executive Branch

• The President of the United States
• Chief Executive
• Chief of State
• Chief Legislator
• Commander in Chief

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Judicial Branch

• Supreme Court and other Federal Courts
• Preserve and protect the rights guaranteed by the
  Constitution
• Considers cases involving national laws
• Declares laws and acts unconstitutional

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Separation of Powers
This separation balances the branches of
government and keeps any one of them from growing
too powerful.

• Legislative Branch
• Writes laws
• Confirms presidential appointments
• Approves treaties
• Grants money
• Declares war

• Executive Branch
• Proposes and administers laws
• Commands armed forces
• Appoints officials
• Conducts foreign policy
• Makes treaties

• Judicial Branch
• Interprets Constitution and other laws
• Reviews lower-court decisions

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V. Checks and Balances

• Prevents the abuse of power in government
• Each branch can check each other branch

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Executive Checks

• Propose laws to Congress
• Veto laws made by Congress
• Negotiate foreign treaties
• Appoint federal judges
• Grant pardons to federal offenders

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Legislative Checks

• Override presidents veto
• Ratify treaties
• Confirm executive appointments
• Impeach federal officers and judges
• Create and dissolve lower federal courts

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Judicial Checks

• Declare executive acts unconstitutional
• Declare laws unconstitutional
• Declare acts of Congress unconstitutional
• The Supreme Court holds the final check

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The Bill of Rights
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Essential Understandings

• The major principles of the Bill of Rights of the
  Constitution were based on earlier Virginia
  statutes.

63
Basis for Bill of Rights
64
Virginia Declaration of Rights

• Created by George Mason
• Reiterated the nation that basic human rights
  should not be violated by governments.

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Virginia Statutefor Religious Freedom

• Written by Thomas Jefferson
• Outlawed the established Church that is the
  practice of government support for one favored
  church.

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Bill of Rights

• James Madison, a Virginian, consulted the
  Virginia Declaration of Rights and the Virginia
  Statute for Religious Freedom when drafting the
  Amendments that eventually became the United
  States Bill of Rights.

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• The accumulation of all powers, legislative,
  executive, and judiciary, in the same hands,
  whether of one, a few, or many, and whether
  hereditary, self-appointed, or elective, may
  justly be pronounced the very definition of
  tyranny. James Madison (U.S. president,
  1751-1836)

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Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning
• The Supreme Court balances the rights of the
  individual with the needs of society

Individual??
Society??
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The first amendment5 rights mentioned

• Freedom of Speech
• Freedom of Religion
• Freedom of the Press
• Freedom of Assembly
• Right to petition the government

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First Amendment
71
1st Amendment

• The 1st Amendment guarantees freedom of religion,
  speech, the press, assembly, and petition.
• This means that we all have the right to
• practice any religion we want to
• to speak freely
• to assemble (meet)
• to address the government (petition)
• to publish newspapers, TV, radio, Internet
  (press)

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The Bill of Rights
Amendment I
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 peaceably to assemble, and to petition the
Government for a redress of grievances.
Freedoms granted by this amendment?
2. Freedom of speech
1. Freedom of religion
3. Freedom of the press
4. Freedom to assemble
5. Freedom to petition government for grievances
Summary
Guarantees our freedom of speech, religion,
press, and to assemble peaceably.
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Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise there of
• Two clauses
• Establishment clause
• Free Exercise clause

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Establishment and free exercise clause often
conflict with each other

• In schools, the religion issue is most prevalent
  
• If a student raises his hand and says teacher,
  can we say an opening prayer before this test

• If the teacher says
• Yes, It looks like establishment of religion
• No, It is deigning a student free exercise.

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Establishment ClauseGovernment cannot promote
religion
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Establishment Clause-Government Cans Cannot

• Teach about religions in school
• Allow voluntary prayer in many examples
• Transport students to a religious school
• Read Bible for culture or literacy content

• Set a state religion
• Government cannot order a prayer
• Teach religious doctrine in the school
• Pay seminary teachers
• Teach creationism

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Free ExerciseThe personCan Cannot

• Choose whatever religion
• Lead a prayer in most examples
• Ask questions about religions
• Worship who ever you want

• Break the law and claim it is religious belief
• Raise children without education
• Deprave children of basic needs

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Freedom of speech

• Congress shall make no laws . . . abridging the
  freedom of speech

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Free Speech The Individual Can

• Say any political belief
• Protest (without getting out of control)
• Say things about someone that are true
• Burn the flag
• Say racist and hate slogans
• Free speech means someone might say something you
  disagree with

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Free SpeechLimits on the Person

• Threaten to blow up airplanes, schools or the
  president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes

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Freedom of the Press

• Congress shall make no law . . . abridging . . .
  the freedom of the press.

82
Freedom of the Press-The PressCan Cannot

• Print any political position
• Make fun of people, especially politicians
• Expose wrongs by the government
• Say things you might not agree with

• Libel intentionally injuring a persons
  reputation by false facts
• Disclose defense-security secrets
• Detail how to make a certain weapons

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Freedom of Assembly

• Congress shall make no law . . . Abridging . . .
  The people to peaceably assemble

84
Freedom of Assembly--Individual Can Cannot

• Protest
• Parade (with a permit)
• Parade chanting hate slogans
• Gang members can congregate in public

• Protest by throwing rocks and breaking windows
• Hang out on private land against owners
  willloitering
• Teen curfew

85
Petition the Government

• Congress shall make no law . . . Abridging . . .
  the people. . . to petition the government for a
  redress of grievances

86
Petition the Government

• You may sue the government for wrongs
• You cannot be punished for exposing wrongs by the
  government
• The courts decide the wrongs

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Second Amendment
88
2nd AmendmentRight to bear arms

• A well-regulated militia, being necessary to the
  security of a free state, the right of the people
  to bear arms shall not be infringed.

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What is the debate with the right to bear arms?

• How much can the government keep guns from
  criminals and youth?
• In order to keep guns away from criminals, does
  that limit the right of law abiding citizens?

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Gun Debate Continued

• Thousands of people die every year because of
  guns
• Thousands of crimes are potentially prevented
  because of guns

Shoes representing gun deaths.
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The Bill of Rights
Amendment II
A well regulated Militia, being necessary to the
security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.
Questions
What are arms?
What does infringe mean?
What is a militia? Why did we need one?
How is this Amendment being discussed today?
Summary
Guarantees the right to bear arms
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Third Amendment
93
3rd Amendment

• The 3rd Amendment says No soldier shall, in time
  of peace be quartered in any house, without the
  consent of the owner, nor in time of war, but in
  a manner to be prescribed by law.
• This means that we cannot be forced to house or
  quarter soldiers.

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The Bill of Rights
Amendment III
No Soldier shall, in time of peace be quartered
in any house, without the consent of the Owner,
nor in time of war, but in a manner to be
prescribed by law.
Question
Why might The Founding Fathers have thought that
this was important enough to be included in The
Bill of Rights?
Summary
Prohibits the quartering of troops in private
residences.
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Rights of the Accused Amendments 4-8Important
to preserve freedom
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Fourth Amendment
97
4th Amendment

• The 4th Amendment protects the people from
  unreasonable searches and seizures.
• This means that the police must have a warrant to
  enter our homes.
• It also means the government cannot take our
  property, papers, or us, without a valid warrant
  based on probable cause (good reason).

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The Bill of Rights
Amendment IV
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be seized.
Question
Are there exceptions where law enforcement would
not need a warrant?
Plain view clause
Summary
Protects against unreasonable search and seizure.
100
Fifth Amendment
101
Fifth Amendment

• You cannot be tried for the same crime
  twicecalled Double Jeopardy
• You do not have to testify against your self. I
  plead the fifth
• You must have due process of law before you are
  convicted
• The government cannot take your land unless it
  pays.

102
The Bill of Rights
Amendment V
No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury,
except in cases arising in the land or naval
forces, or in the Militia, when in actual service
in time of War or public danger nor shall any
person be subject for the same offence to be
twice put in jeopardy of life or limb nor shall
be compelled in any criminal case to be a witness
against himself, nor be deprived of life,
liberty, or property, without due process of law
nor shall private property be taken for public
use, without just compensation.
Indictment (n)
a formal accusation initiating a criminal case
103
The Bill of Rights
Questions for Amendment V
List the rights granted in The Fifth Amendment

• Due process of law
• Requires indictment by a grand jury
• Prohibits a person from being tried for the same
  crime twice (double jeopardy)
• Gives defendants in trial the right not to
  testify against themselves.

Summary
Protects the rights of people accused of a crime
by guaranteeing the due process of law, requiring
an indictment by a grand jury, prohibiting a
person from being tried for the same crime twice,
and giving defendants in trial the right not to
testify against themselves.
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Sixth Amendment
105
6th Amendment

• The 6th Amendment guarantees a speedy trial (you
  cant be kept in jail for over a year without a
  trial)
• an impartial jury (doesnt already think you are
  guilty)
• that the accused can confront witnesses against
  them
• the accused must be allowed to have a lawyer

106
The Bill of Rights
Amendment VI
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the State and district
wherein the crime shall have been committed
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation to be
confronted with the witnesses against him to
have compulsory process for obtaining witnesses
in his favor, and to have the Assistance of
Counsel for his defense.
Summary
Guarantees the right to a speedy and public trial
before an impartial jury, right to an attorney
and the right to cross-examine the witnesses.
107
Seventh Amendment
108
7th Amendment

• The 7th Amendment guarantees the right to a
  speedy civil trial.
• A civil trial differs from a criminal trial.
• A civil trial is when someone sues someone else.
  
• A criminal trial is when the state tries to
  convict someone of a crime.

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The Bill of Rights
Amendment VII
In Suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no
fact tried by a jury shall be otherwise
reexamined in any Court of the United States,
than according to the rules of the common law.
Question
How does a criminal trial differ from a civil one?
Summary
Guarantees the right to trial by jury in a civil
case.
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Eighth Amendment
111
8th Amendment

• The 8th Amendment guarantees that punishments
  will be fair and not cruel, and that
  extraordinarily large fines will not be set.

112
The Bill of Rights
Amendment VIII
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishment inflicted.
"No cruel and unusual punishment is to be
inflicted it is sometimes necessary to hang a
man, villains often deserve whipping, and perhaps
having their ears cut off but are we in the
future to be prevented from inflicting these
punishments because they are cruel?" Senator
Samuel Livermore (New Hampshire) 1 Annals of
Congress 754 (1789)
Question
How should we define what is "cruel and unusual"?
Summary
Prohibits excess bail and the use of cruel and
unusual punishment.
113
Ninth Amendment
114
9th Amendment

• All rights not stated in the Constitution and not
  forbidden by the Constitution belong to the
  people.
• This means that the states can do what they want
  if the Constitution does not forbid it.

115
The Bill of Rights
Amendment IX
The enumeration in the Constitution of certain
rights shall not be construed to deny or
disparage others retained by the
people. enumeration - numbered list construed
interpreted in a certain way disparage
represent of little worth
Question
What do you think the Founding Fathers were
talking about here?
Summary
Guarantees the just because a right is not listed
in the Constitution does not mean the people do
not retain that right. (i.e. natural rights)
116
Tenth Amendment
117
10th Amendment

• The 10th Amendment states that any power not
  granted to the federal government belongs to the
  states or to the people.

118
The Bill of Rights
Amendment X
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
Questions
Can States make laws in additional to the laws of
the federal government?
Can the States make laws that are in opposition
to laws created by the federal government.?
Summary
Means that all rights not given to the Federal
government in the Constitution are given to the
states and the people.
Examples
Education requirements, rules for marriage, state
taxes.
119

• The Bill of Rights
• Opponents to Constitution said it failed to
  protect citizens rights
• Wanted protection of individuals rights added to
  Constitution
• Congress added Bill of Rights, first 10
  amendments to Constitution
• Protected natural rights advocated by Voltaire,
  Locke, Rousseau

• Impact of American Government
• News of successful American revolution impacted
  other governments
• Although French King Louis XVI supported
  Americans, France experienced own revolution,
  1789
• America had shown it was possible to oppose
  tyranny
• Soldiers courage, Constitution framers wisdom,
  shining examples