Thomas Paine and Common Sense

Thomas Paine and Common Sense

Thomas Paine was an American colonist
He wrote a pamphlet titled Common Sense
In the pamphlet, he encouraged Americans to fight for independence against Britain
He argued that Britain harmed the colonies with its policies of mercantilism – that colonies could only trade with the mother country and that colonies could only export raw materials or natural resources
He stated, “Our corn will fetch its price in any market…”
Yes, in the pamphlet Common Sense, Thomas Paine urged the American colonists todeclare their independence from Great Britain – with a mother country like Britain and its control of trade and the economy, it was better to be free

Facts about the United States House of Representatives

The American Congress is bicameral – it consists of the House of Representatives and the Senate
The number of representatives for each state in the House of Representatives is based on the population of each state – the more people in the state, the more representatives for the state in the House of Representatives
In the Senate, there are two senators for every state – unlike the House
The census or a recording of the population of each state occurs every ten years to determine the number of representatives each state receives
Representatives in the House are elected every two years
There are currently 435 representatives in the House of Representatives
The main job of the House of Representatives is to vote on new laws along with the Senate
All tax bills and spending bills must start in the House of Representatives
Only the House of Representatives can impeach or charge a federal official with a crime
The House of Representatives decides who will be president if no one wins a majority of votes from the Electoral College
But remember that the number of representatives from each state is based on its population

The U.S. Census

The U.S. Census counts every resident in the United States
It is mandated by the Constitution and it takes place every 10 years
The information collected by the census determines the number of representatives each state has in the U.S. House of Representatives
The United States Constitution requires that a national census be taken every ten years todetermine the number of members each state has in the House of Representatives
When it is time for the census, it is important to remember to be counted – every person living in the state counts
The more people living in the state – the more representatives for the state in the House of Representatives

Northwest Ordinance of 1787

The Northwest Ordinance, adopted July 13, 1787, by the Second Continental Congress, chartered a government for the Northwest Territory, provided a method for admitting new states to the Union from the territory, and listed a bill of rights guaranteed in the territory
So, let’s examine each piece of the definition – the Northwest Ordinance was an accomplishment of the Articles of Confederation government [the Articles of Confederation was our document of government before it was replaced by the Constitution]
The Northwest Ordinance focused on new territory that had been gained as a result of the American Revolution but territory that was not yet organized into states
The Northwest Ordinance provided a method for making a territory a state – it was the “how to become a state” rule
So, yes, the Northwest Ordinance of 1787 set aprecedent for other western territories byproviding a method for the creation of new states

Federalism

Federalism is a term used to define the division of power between thenational and state levels of government
Federalism is the American system of government
In a federal system, power is shared by the national and state governments – the Constitution designates certain powers to be the domain of a central government, and others are specifically reserved to the state governments
In a sense, federalism limits the power of the federal government because the state governments have some powers
For example, only the federal government can declare war or coin money but the state governments determine the requirements for a High School diploma, issue Driver’s Licenses, and issue Marriage Licenses
Some powers are reserved for the states and called reserved powers
And some powers are shared and known as concurrent powers

Judicial Review

In the Supreme Court case of Marbury v. Madison, the Supreme Court claimed the power of judicial review
Judicial review is the ability of the Court to determine the constitutionality of a law
Thus, the Supreme Court can rule that a law is unconstitutional
Judicial review greatly increased the power of the federal government because the Supreme Court is part of the federal government and it can now determine whether a law can continue to exist or not
John Marshall was the Chief Justice of the Supreme Court during the Marbury v. Madison case – he, therefore, strengthened the power of the Supreme Court
The following headline illustrates the use of judicial review: “New York State’s Reapportionment Plan Ruled Unconstitutional”
This headline is clearly an example of judicial review because it states that the Court has ruled New York’s plan unconstitutional – it has determined constitutionality

Montesquieu

Montesquieu was a philosopher of the European Enlightenment – the Enlightenment is known as the Age of Reason – it occurred in the 1700s in Western Europe and philosophers of the Enlightenment wanted to use reason or intelligent thinking to improve government and law
Montesquieu wrote about separation of powers in government – he believed that the powers of government should be divided into an executive branch, a legislative branch, and a judicial branch
By dividing the power of government, a powerful king could not rule because each branch of government would check or limit the power of the other branches
Montesquieu greatly influenced the framers or writers of the American Constitution because separation of powers is part of American government
It is interesting to note that French Enlightenment philosopher Baron De Montesquieu praised the British political system because it divided the power of government between the monarch and the two houses of Parliament
The principle included in the United States Constitution that shows that the framers agreed with Montesquieu is the principle of separation of powers

Examples of the Unwritten Constitution

The Unwritten Constitution refers to ideas and practices of American government that are not included in the Constitution
Political parties, judicial review, the President’s Cabinet, and Congressional Committees are all examples of the Unwritten Constitution
These ideas are not included in the Constitution but are part of American government
Yes, the formation of the first two political parties is an action that is considered part of the unwritten constitution
Many of these ideas and practices occurred during the Presidency of George Washington – they are long-established practices of American government

Elastic Clause of Constitution

Elastic means it can change – for example, sweat pants have an elastic waistband and if a person gains weight, the band expands and if the person loses weight, the band contracts – elastic changes
In the Constitution, there is a clause referred to as the elastic clause because it allows Congress to expand its powers
The clause is also called the “necessary and proper” clause and it states that in order for Congress to do its job, it can do what is “necessary or proper” to carry out its duties
This means that Congress can do more than is written in the Constitution to carry out its duties
Of course, there is great debate about what is “necessary and proper” – some Americans believe that “necessary and proper” refers only to an emergency situation and other Americans believe that “necessary and proper” refers to any situation
But nonetheless, to provide for change, the authors of the United States Constitution included the amendment process and theelastic clause
Oh, and of course, the amendment process allows the Constitution to be changed through the addition of an amendment

Protection Against Unreasonable Searches and Seizures

In colonial days, the British used writs of assistance to enter a colonist’s house or business – a writ of assistance was a general search warrant and it meant that the British could enter a colonist’s house whenever they wanted and could search for whatever they wanted
The colonists hated writs of assistance
So, when the Constitution was written, it included protections against unreasonable searches and seizures – in other words, the police could not just enter whenever they wanted or search for whatever they wanted – the police needed a search warrant that had to be issued by a judge and based on some evidence that there was a need for a search and had to state what the police could search for
So, when James Otis wrote Against the Writs of Assistance in 1761, it was about the importance of protection against an unreasonable search and seizure
James Otis said, “. . . Now, one of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. . . .”
The provision in the Bill of Rights that includes this same belief is the Fourth Amendment which provides protection against unreasonable search and seizure

Role of the Supreme Court

The Supreme Court is the judicial branch of the federal government
The Supreme Court has the power of judicial review
Judicial review is the Court’s ability to determine the constitutionality of a law
Therefore, the Supreme Court has the power to interpret the Constitution
The power of judicial review was established during the Marbury v. Madison case – in that case, the Supreme Court under Chief Justice John Marshall claimed the power of judicial review or the power to determine the constitutionality of a law

Unwritten Constitution – Definition

The unwritten constitution is best defined as thepractices of the government that are based on custom and tradition
Political parties and judicial review are examples of the unwritten constitution – in that these practices of American government are not listed in the Constitution
The President’s cabinet and Congressional Committees are more examples of the unwritten constitution – in that these practices of American government are also not listed in the Constitution
Many of these practices are based on customs and traditions that were established during the Presidency of George Washington
The unwritten Constitution may not be written but still influences American government today

George Washington’s Farewell Address

Before President George Washington left office, he wrote a letter to say farewell to the nation as president but also to warn about the future
In his letter, George Washington wrote, “Steer clear of alliances” or avoid alliances with the nations of Europe for these nations are frequently at war
In other words, he encouraged neutrality or the policy of being neutral and not forming alliances
The nation was a new nation and it needed time to get strong – it needed to stay out of conflicts in other lands
Washington also warned about political parties – he felt that political parties could divide the new nation
He also established a precedent or an example in that he only served as President for two terms – even though the Constitution at that time had no limit on the number of terms a president could serve [today, there is an amendment which limits the president to two terms – the Twenty-Second Amendment]
George Washington also had a cabinet – the President’s Cabinet – to help him make informed decisions
Thus, two key precedents established by George Washington during his presidency were a foreign policy of neutrality and the use of presidential advisors

Antifederalists

Antifederalists formed a political party
They feared a strong federal or national government
Having just recently fought the American Revolution, they wanted to greatly limit the power of government because they understood that government could threaten the freedoms of its people
A powerful government could become a dictatorship and then tyranny would rule
So, Antifederalists wanted to limit the power of the new government
They generally opposed the new Constitution but they were promised that a Bill of Rights [the first ten amendments to the U.S. Constitution] would be added to protect individual rights and freedoms
Yes, the primary objection of the Antifederalists to ratification of the Constitution was that theybelieved the rights of the people were not protected
It was only with the addition of the Bill of Rights that people’s rights were protected

Federalists

The Federalists wanted a strong federal government
They wanted to replace the Articles of Confederation with the Constitution
They believed that the Articles of Confederation had created a weak federal government, a government that could not collect taxes or protect the people
So, they wrote a series of essays known as The Federalist Papers to convince Americans to vote “yes” for the ratification or approval of the new Constitution
Unlike the Antifederalists, they believed that the power of the federal government was limited because of separation of powers and checks and balances

Great Compromise

One of the issues at the Constitutional Convention was about representation in Congress for each state
Big states with many people wanted more representatives in Congress
Small states with few people did not want to always be outvoted and ignored in Congress because of their small populations
So, a compromise was reached

The Great Compromise or Connecticut Compromise enabled delegates at the Constitutional Convention (1787) toprotect the interests of states with smallpopulations and states with large populations
A bicameral Congress of two houses was created – a House of Representatives based on a state’s population [the number of representatives is a reflection of the number of people in the state] and a Senate with an equal number of representatives for each state [Two senators per state]
There were a number of compromises at the Constitutional Convention – but in a democracy, people must compromise at times

Checks and Balances

Checks and balances is the constitutional principle that best protects the public from abuse by one branch of government
Thanks to separation of powers, the U.S. government has three branches: an executive branch or president, a legislative branch or Congress, and a judicial branch or court
Each branch has some powers but not all powers
And each branch can check or limit the power of the other branches
For example, Congress can make a law but the Supreme Court can declare the law unconstitutional – it can check or limit the power of Congress

John Locke’s Influence on the Declaration of Independence

The Declaration of Independence is the document that is most closely associated with John Locke’s social contract theory of government
John Locke was a philosopher of the European Enlightenment
This British philosopher believed in natural rights or that people were born with certain God-given rights like the right to life, the right to liberty and the right to property
He also believed that government receives its power from the people and therefore must have the consent or permission of the people to act as it does – this permission is revealed through voting
John Locke influenced Thomas Jefferson and Jefferson wrote the Declaration of Independence – he wrote about the right to life, the right to liberty and the right to the pursuit of happiness

Consent of the Governed

Consent of the governed is the idea that the authority of a government should depend on thepermissionof the people as expressed by votes in election
Voting is very important in a democracy
It is through voting that the people reveal their consent or permission
By voting for government officials, the people are saying that they agree with the ideas and goals of these officials
Thus, if the majority of people voted for Thomas Jefferson, their votes revealed that they agreed with Jefferson’s plan for America
Of course, in another election, they might change their minds but voting is how consent of the governed is revealed

Preamble to the United States Constitution

The Preamble to the Constitution states: “We the Peopleof the United States, in Order to form a more perfect Union, establish Justice, insure domesticTranquility, provide for the commondefence, promote the generalWelfare, and secure the Blessings of Liberty to ourselves and ourPosterity, doordainand establish this Constitution for the United States of America.”
A principle of government that is stated in the Preamble to the United States Constitution is that the power of government comes from the people
The first words of the Preamble or introductory statement to the Constitution is “We the People” – this means that the people have formed the government and that the power of government comes from the people
Yes, the founding fathers believed that the power of government came from the people
In a democracy, the people give government officials the power to rule through voting

Bill of Rights

The United States Constitution has 27 Amendments
The first 10 Amendments to the Constitution are called the Bill of Rights
The Bill of Rights was ratified, or approved, in 1791
The Bill of Rights outlines the basic rights and freedoms of American citizens
Freedom of press is the protection in the Bill of Rights that is most directly related to the 1735 trial of John Peter Zenger
The First Amendment protects the rights of every American and defines the freedoms of religion, speech, and press

Trial of John Peter Zenger

John Peter Zenger was a printer, the publisher of the New York Weekly Journal and he was accused of printing comments that were critical of the British governor of the colony New York
John Peter Zenger was arrested and thrown in jail
The laws prohibiting libel at that time meant that a person could not print anything bad about the government
But Zenger’s lawyer argued that a man could not be arrested for printing the truth
Zenger was found not guilty
His case was a victory for freedom of the press

Mercantilism