For Governments Differ in KindThe Basics About the State, the Economy, Political Power and the Evolution of American Government

What are the characteristics of a state? What is a state? A state is a body of people, living in a defined territory, organized under one government, and with the power to enforce the law without the consent of some greater authority. That is, they have sovereignty. The characteristics of a state, then, are population, territory, government, and sovereignty.

Determining what a state is within political science…

Although we often refer to “states” or “commonwealths” within the structure of our government, they are not states within the definition of a state politically. Which characteristic are they missing?

Characteristics of a State

Territory – Virginia has well defined borders, from the Eastern Shore to the coal mining regions of Southwest VA.Populations – Virginia has over eight million people in population. Government – The Governor, Lieutenant Governor, the Attorney General, the General Assembly…Sovereignty?

Sovereignty is what we’re missing…

Because the laws of the federal government are “the supreme law of the land,” Virginia does not have sovereignty. There is a higher authority which much consent to the laws here: the US Federal Government.

What is a government?

Government is the institution through which a society makes and enforces public policies. The government is made up of the people who exercise its powers and all of those who hold authority or power over the population.

The Priorities of Government:

Thomas Jefferson stated that governments are instituted among men to protect our inalienable rights: “Life, Liberty, and the Pursuit of Happiness.”We may define this by identifying four basic goals of the government: 1. To Provide for National Security2. To Provide for Public Order3. To Provide an Organization to Address Public Needs and Problems that Erupt.4. To Provide Public Goods and Services

Styles of Government Vary DramaticallyThere are three (3) major questions to consider in creating a government: 1. Who will have power? Obviously, none of us like being told what to do by governments – Americans are strong believers in the notion of limited government. 2. How much power will the government have? 3. How will the power of the government be distributed?

Who will have Power?Autocracies are governments were only one individual holds all the power. Examples might include those who rule by divine right, military dictators, or totalitarian regimes like those in communist nations.

Who will have Power?

Oligarchies are governments where power is held only buy a few of the wealthiest and elite members of society.

Who will have Power?

Democratic governments allow citizens to choose their own leaders – or to vote on matters directly.

Although direct democracy is relatively rare in the United State today, representative democracy, republican rule, is very common.

Officials elected to city council, the General Assembly, or Congress are examples of republicanism.

The Democratic TraditionAmerican government and law emerged largely – not completely – from the traditions in English government and law.

The Romans, who conquered England in the 400s AD brought the rule of law with them to England.

Democratic traditions – electing officials – were born originally in Athens, Greece.

The Romans brought this system to England (somewhat ironically…)

The Magna Carta - 1215

King John of England was forced to sign the Magna Carta in 1215. The Magna Carta limited the power of the King – guaranteeing such fundamental rights as a trial by jury and due process of law. The document also forbid the King from taking arbitrarily the property of his subjects or sending people off to war without consent. Originally, the Magna Carta defined the relationship between the King and the wealthiest of his subjects; however, later, it came to be a symbol of the notion that the King’s power over all of his subjects was limited.

The English Petition of RightIn 1628, the Parliament further asserted its rights by insisting that the King sign the Petition of Right. This document denied the notion of divine right of Kings, it insisted that jury trials should be allowed, and it declared that the King could not start wars arbitrarily.

The English Petition of Right of 1628:

1. Jury Trials for Accused.2. No Quartering Soldiers in homes. 3. No Martial Law except in times of actual war.4. No Taxes or Property Seizures without the permission of Parliament5. The King was subject to the laws!

The English Bill of Rights, 1689When William and Mary assumed the Crown in 1689, they signed the English Bill or Rights, guaranteeing certain liberties for all Englishmen as a condition of their rule. This was a landmark event in government.If you carefully review the list of enumerated rights to the right, you will note that most of these rights are mirrored in our Constitution and the Bill of Rights.

No Standing ArmiesFree Parliamentary

ElectionsParliament Must

Consent to LawsThe Right to Petition

the GovernmentParliament would

impose Taxes, not the Crown

Fair Trials, No Excessive Bail, No Cruel and Unusual Punishment

The American Democratic Tradition

The first written Constitution in American History was signed by the Pilgrims in 1620: The Mayflower Compact. The basic idea of the document was for everyone onboard to pledge themselves to serving the common good – so they might survive the winter!

The Fundamental Orders of Connecticut- Religious Toleration

Although many of the American colonies were established by people seeking religious freedom for themselves, they rarely extended the idea of religious toleration towards others. (Quakers were actually put to death in Puritan New England!) Some places did, though! Three of the most important places which offered some form of religious toleration were Maryland, Rhode Island, and Connecticut, which embraced the idea of religious toleration in its constitution, The Fundamental Orders of Connecticut, written by Thomas Hooker.

The Charter of Virginia - 1606The Original Charter of Virginia, of course, was to the Virginia Company of London. The purpose of the settlement was to make money! By the 1620s, however, the prospects of striking it rich were waning, and the Crown took over the settlement by royal charter. This subjected Virginia to some of the arbitrary rulings of the King of England; however, three thousand miles of ocean allowed a good deal of freedom and liberty to persist here.

The House of Burgesses - 1619

The first representative government in the American Colonies was established in 1619 in Jamestown, Virginia. (Ironically, this was also the year slaves were first brought to the colony.) Although it did not approach the direct democracy of the New England colonies, this was an important step towards the republican style of government practiced in the United States of America today.

The Political Philosophers

Montesquieu: Separation of Powers

Baron Montesquieu was a French philosopher who was influential among political philosophers during the Colonial period in American History. Montesquieu’s most important contribution was to emphasize the importance of separation of powers. The power of government should be limited, he postulated, by dividing it against itself. By dividing the government into executive, legislative, and judicial branches, and then assigning each group specific tasks which required cooperation with the others, the power of government would never be applied tyrannically. Ironically, Montesquieu had serious doubts about whether or not a republic could work over a large geographic area. (Improvements in transportation and communication over the years might have changed his opinion in this regard – or not…)

Thomas Hobbes: Individual Rights

Thomas Hobbes believed that mankind, by nature, was corrupt. If left to his own devices, mankind would exploit his neighbor and a state of war would persist. Life would be nasty, brutish, and short. Hobbes believed it was the role of government to protect mankind from his own selfish impulses. A strong government was necessary to protect individual rights and secure life, liberty and property.

Jean Jacques Rousseau: Separation of Powers and Natural Rights of Man

Jean Jacques Rousseau was the first to strongly assert that all men were entitled to certain natural rights – and that these rights were not granted by governments, rather, they were God given rights which must be protected by good governments. Rousseau believed in democratic methods and the principle of majority rule, but acknowledged that the majority’s right to rule must be limited also: it could not violate the natural rights of man.

John Locke: Natural Rights and the Social Contract Theory

John Locke was by far the most influential political philosopher during the American colonial period. He believed in natural rights: God given rights which could never be taken away. He believed in limited government, and specifically the notion that government should be divided against itself and forced to acknowledge limits via a bill of rights. Finally, and most importantly, he believed that no government was legitimate without the consent of the governed.

Thomas Paine: Common Sense

Thomas Paine, in his 46 page pamphlet, Common Sense, argued that the time had come for the American Colonies to declare their independence from England. Paine used evidence in natural law to support his thesis: do children always live under the governance of their mothers? Does it make sense that a small island three thousand miles away should govern a continent of people? Published in January of 1776, the pamphlet was widely read and encouraged the Continental Congress to deliver a Declaration of Independence in the summer of that year: July 4th, 1776 to be specific.

Jefferson and the Declaration of Independence, 1776

Thomas Jefferson was the leader of a five man committee which produced the Declaration of Independence in 1776. He borrowed many of the major ideas for the document from John Locke, and articulated them in such a way as to define our nation’s values regarding the government we would fight against and the types of government we would hope to sustain in the future. We will read over the Declaration of Independence to see these influences.