Origins of Government notes

“

We must all hang together, or assuredly we shall all hang separately

.”

Benjamin Franklin

• American government, its powers the and limitations English colonists.

, were brought to these shores by

Please take out your copy of the Declaration of Independence (page 40 in your book) and answer these questions:

1. Which truths in the second paragraph are “self-evident?” 2. Name three natural rights listed in the Declaration.

3. From what source to government derive their “just powers?” 4. In the series of paragraphs beginnings, “HE has refused his Assent,” to whom does the word “He” refer to?

#2 writing assignment question: • Do the ideas expressed in the Declaration of Independence still mean something to Americans? Justify your answer with two examples.

Celebrate Freedom week question: • Remembering what you’ve learned about the Bill of Rights identify at least two amendments that reflect the influence of the Declaration of Independence.

The ideas of • ordered • limited • representative

government

have roots in

English historical

documents

1. Magna Carta

(1215 ), included a. trial by jury b. due process of

law

2.

Petition of Right

(1628) – limited the king’s power; insured citizens they would have

protection during

peacetime.

3.Bill of Rights (1689) – guaranteed free elections; also limited

military during peacetime, protection from cruel and unusual punishment

Three types of colonies:

• royal (crown) (8) – direct control of the king; NH, MA, NY, NJ, VA, NC, SC, GA • proprietary (3) – ruled by the owner; MD, PA, DE • charter – governed themselves; CT, RI

By the mid-1700s , the colonies had grown accustomed to doing as they pleased. But when

George III

(1760) came to power, things changed.

1. taxes were levied 2. colonists resisted

Early colonial attempts at unity:

1. Albany Plan of Union (1754) – 7 northern colonies focused on military matters and relations with France; failed 2. Stamp Act Congress (1765) – 9 colonies protested British policies 3. Boston Tea Party (1773) 4. 1 st Continental Congress (1774) – Philadelphia; protested colonial policies, refused all trade with England

5. 2 nd Continental Congress (1775) – Philadelphia; battles of Lexington and Concord had already been fought. J. Hancock – president, G. Washington – commander-in-chief; functioned as first national gov’t for 5 yrs.

• fought a war • raised armies and

navies

• borrowed money • bought supplies • made treaties • created a monetary

system

Declaration of Independence – 1776 • 56 signers of a

document almost wholly Jefferson’s; brought U.S. into being

Articles of Confederation (1777)

went into effect in 1781

Common features of early state constitutions:

1. popular sovereignty 2. limited government 3. civil rights and liberties 4. separation of powers 5. checks and balances

Parliament could have eliminated the colonists’ chief objection to taxes by allowing them representation in

Parliament

No taxation without representation!

Critical period – 1780s

• 1st national constitution – November , 1777; took effect on

March 1, 1781

– Articles of Confederation

1. unicameral 2. each state had 1 vote 3. no executive or judicial branch 4. Congress could make war, borrow $, build a navy, raise an army, settle disputes

Weaknesses of the Articles of Confederation

1. Congress powerless to tax 2. Congress powerless to regulate interstate commerce 3. no executive to enforce acts of Congress 4. amendment only with consent of all states

Revolutionary War ended October, 1781 economic chaos resulted • national

government proved too weak to deal with growing economic and political problems

Constitutional convention convened in May, 1787, Philadelphia .

• 55 delegates

Framers were “well read, well-bred,

well-fed, well-wed.” 1.young

2.politically experienced 3.well educated

One might expect a government structured to favor people of wealth and property…

Consider voting rights…

Work was completed –

September, 1787

• James Madison

was termed “Father of the Constitution”

Ratification of the Constitution two groups quickly emerged: • Federalists –

favored ratification (J. Madison, A.Hamilton) stressed this as a preferable document to the Articles of Confederation

• Anti-Federalists –

opposed ratification (P. Henry, S. Adams)

Objections of the Anti Federalists: • increased powers of

central gov’t

• lack of a bill of

rights

Why Virginia and New York were key states –

because they are large!

•Federalist Papers

• collection of

essays by A. Hamilton, J. Madison, and J. Jay written in support of ratification of the Constitution

September, 1788

• 11 states

ratified the Constitution and Washington chosen as 1 st President

Know in chronological order…

• Declaration of

Independence

• Articles of

Confederation

• Shays’ Rebellion • Constitutional

convention

Why we have government…

• maintain order • provide defense • establish justice

Articles of Confederation to Constitution… • legislative supremacy to separation of

powers

• confederate form of gov’t to federalism • power located in the states to located in national gov’t

Notes to remember for Origins of Gov’t test - a review of sorts… 1. The belief that gov’t should be based on the “rule of law” is limited government.

2. The early belief that the lawmaking branch (Congress) should be dominant is

legislative supremacy.

3. Government that is centrally located geographically is unitary.

4. Both the social contract theory of gov’t and the Declaration of Independence share the belief that people have the right to run their own gov’t and to change it if necessary.

5. Government where there is division of power between a strong central government and various state governments is federal.

6. Government where there is separation of powers between the executive and legislative branches of government is presidential.

7. Government that is characterized by legislative supremacy is

parliamentary.

8. The Articles of Confederation government (1781 1787) had • equal representation of the states, • no executive (president), • no judiciary and • no separation of

powers.

9. Very important to know!

• legislative branch makes the law • executive branch: enforces the law • judicial branch: interprets the law

10. Federalism is not specifically referred to in the Declaration of Independence.

11. The Declaration of Independence says that governments derive (get) their power from the

consent (permission) of the governed.

Know these for the Origins of Gov’t test:

13. a) The Federalists were led by many of those who attended the Constitutional Convention, notably Alexander Hamilton and James Madison.

b) Their main argument was the weakness of the Articles of Confederation.

# 14

Anti-Federalists didn’t want such a strong central gov’t as the one set up in the proposed constitution. They also didn’t like the absence of a bill of rights.