classical v natural rights
Transcription
classical v natural rights
Is it more important to provide for the common good or protect individual rights? Standard CA 12.1.1: Explain how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and discuss how the basic premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as "self-evident truths." Students will be able to explain the ideologies of classical Liberals and Republicans by writing paragraphs. The Declaration of Independence describes what good governments must do and what rights individuals have under a government. Governments are expected to provide for the public good, which means acting on behalf of everyone in society, together. They must also respect the rights of individuals. Sometimes these two principles conflict. Collectivism Individualism Public Individual Good Republicanism Rights Liberalism Protection of “public good” the theory and practice that the group rather, than the individual, is the fundamental unit of political, social, and economic concern. collectivists insist that the claims of the state must normally supersede the claims of individuals What is best for the most people. PUBLIC GOOD The Founders studied the history of the classical periods of ancient Greece and Rome. ◦ The Roman Republic promoted the common good: What was best for society was known as classical republicanism The classical republicanism of the ancient world only flourished in small, uniform communities. ◦ The young United States was large and represented people of different cultural backgrounds, economic conditions, and religious beliefs. The classical republican idea of civic virtue conflicted with the Founders’ belief in natural rights. What would be examples in today’s society that promotes public good? In other words, what can you specifically do to promote public good in the United States? Jury Duty◦ You are serving the community as a whole, promoting justice and a fair trial. Taxes ◦ The government uses your money to provide necessary services to the society as a whole, promoting social welfare. Right of the majority ◦ Rights of the individual may be given up for the rights of the majority ◦ Voting: The majority is always making the decision ◦ Your representative is making a decision on what he believes is the best for all of his constituents (the people he represents) Which do you think is more important protecting individual rights or promoting the public good? Why? James Madison “Father of the Constitution” ◦ He translated the ideas of classical republicanism in such a way as to make them practical in the new American republic ◦Madison defined the difference between ◦democracies and republics Democracy Republic Works best in small communities like the ancient city-states of Greece works best in large, diverse communities the people administer the government themselves. the people elect representatives govern the government ◦ Believed America could and should have a republican form of government Laws would be made and administered by representatives elected by the people Members of government should be elected by a large number of people, rather than by a small group. His government was defined as a representative democracy ◦ Those who believed in republicanism were called Federalists Madison believed that people were motivated primarily by self-interest ◦ The pursuit of self-interest could in its own way further the common good ◦ Madison also believed that people may act against the interests of others and against the common good Any sound government had to make allowances for this “If all people were angels, there would be no need for government.” ◦ He favored a constitution that limited government by Separation of powers A system of checks and balances How does Separation of Powers limit the power of the government? Complete the paragraph on the back of the lecture notes. Protection of “Individual Rights” Constitutions govern government and those that govern are restricted in their use of power by higher law. Individual freedoms should be placed beyond the reach of government and majorities. Constitutions must truly limit the exercise of authority by government. A government of laws not people operate on the principle that power and the officials of government should be restrained in their exercise of power over individuals. Standard 12.1.1: Explain how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and discuss how the basic premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as "self-evident truths." The Founders studied the religions of Christianity and Judaism. ◦ These religions promoted individual rights: What promoted individual rights the most was known as classical liberalism Belief that the individual should be free to do whatever they choose, so long as they are not causing physical harm to others or to their property Individual Rights ◦ Who was the philosopher that promoted individual rights? John Locke Rights of the Individual: ◦ Property rights ◦ Natural rights ◦ Protection of civil liberties ◦ equality under the law Freedom of Speech◦ You should have the right to say what you want, even if I disagree with it. Thomas Jefferson promoted individual rights and expressed these “self-evident truths” in the Declaration of Independence. Those who were considered “liberal” were called anti-federalists. They argued for the addition of the “Bill of Rights” What were the “selfevident” truths found in the Declaration of Independence? Q1: What are unalienable rights? LIBERTY Pursuit of Happiness LIFE Self-evident truths Q2: Where does the government get the power to govern from? Gov’t is instituted Among men. Right to Abolish Gov’t. Describe the differences between Classical Republicanism and Classical Liberalism Give an example of when the government promotes individual rights and when the government promotes the common good. Complete the paragraph on the back of the lecture notes. Directions: Read the following quotes and figure out who would have said it – a Federalist (Classical Republican) or Anti-Federalist (Classical Liberal) “All communities divide themselves into the few and the many. The first are the rich and well born; the other, the mass of people…. The people are turbulent and changing; they seldom judge or determine right. Give therefore the first class a ….permanent share in the government….they therefore will ever maintain good government.” Federalist “Our country is too large to have all affairs directed by a single government.” Anti-Federalist “The small landowners are the most precious part of the state.” Anti-Federalist “It must be by this time evident to all men…that (the Articles of Confederation) is a system so radically vicious and unsound as to admit….an entire change.” Federalist “I consider the foundation of the Constitution as laid on this ground – that all powers not delegate (given) to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states, or to the people….” Anti-Federalist “The powers contained in the constitution….ought to be construed liberally in advancement of the public good.” Federalist “I am not among those who fear the people. They, not the rich, are our dependence for continued freedom.” Anti-Federalist Give an example of when government provides for the public good. Give an example of when it protects individual rights Get into your teams and complete worksheet: ◦Public Good v Individual Rights Where do you lie on the spectrum? If the government has to lean to one side of the spectrum, which side should it be on? How would the Founding Fathers answer this question?