Transcript Slide 1

Origins of
American
Government
Those first English colonists saw the need
for an orderly regulation of their
relationships with one another - that is, for
government. They then created local
governments based on what they had
known in England.
The colonists also brought with them the idea
that government is not all-powerful. That is,
government is restricted in what it may do,
and each individual has certain rights that
government cannot take away. This concept
is called limited government.
The early English settlers also carried
another important concept to America:
representative government. This idea is
that government should serve the will of
the people.
The basic notions of ordered
government, limited government
and, representative government
can be traced to several landmark
documents in English history.
The Magna Carta
The Petition of Right
The English Bill of Rights
The Magna Carta
Developed by barons seeking
protection against heavyhanded and arbitrary acts of
the king. It includes such
fundamental rights as:
trial by jury
due process of law - protection against
the arbitrary taking of life, liberty, or
property.
King John was forced to sign the Magna
Carta which established the principle that
the power of the monarch was not absolute.
The Petition of Right
In 1628, when King Charles I asked Parliament for more money in
taxes, Parliament refused until he signed the Petition of Right
The Petition of Right limited the king's power in
many ways:
King can’t imprison or otherwise punish any
person but by the lawful judgment of his peers,
or by the law of the land
Insisted that the king not impose marital law
(rule by military) in times of peace or require
homeowners to shelter the kings troops without
their consent
The Petition of Right declared that even a
monarch must obey the laws of the land
The English Bill of Rights…created constitutional
monarchy….Glorious Revolution...no blood
To prevent William and Mary, and all future
monarchs from abusing their power, Parliament
drew up a list of provisions to which William and
Mary had to agree in order to ascend to the throne.
Prohibited a standing army in
peacetime, except with the consent
of Parliament
Required that all parliamentary
elections be free
guarantees the right to a fair trial,
and freedom from excessive bail
and from cruel and unusual
punishment
The English
Colonies
The 13 colonies were established
separately, over a span of some 125
years. Each colony was born out of a
particular set of circumstances, and so
each had its own charter.
Virginia was originally organized as a
business venture
Massachusetts was first settled by
people in search of greater personal and
religious freedom
Georgia was founded largely as a haven
for debtors, a refuge for the victims of
England's harsh poor laws.
Over time, we see the
development of three different
kinds of colonies:
Royal colonies
Proprietary colonies &
Charter colonies
Royal Colonies
New Hampshire, Massachusetts,
New York, New Jersey, Virginia,
North Carolina, South Carolina,
and Georgia.
The royal colonies were subject to direct
control of the Crown. The king named a
governor to serve as the colony's chief
executive. A council, also named by the
king, served as advisory body to the royal
government.
The laws passed by the legislature had to be approved by
the governor and the Crown. Royal governors often
ruled with a stern hand. Much of the resentment that
finally flared into revolution was fanned by their actions.
Proprietary Colonies
Maryland, Pennsylvania, and Delaware
These colonies were organized by a proprietor, a
person to whom the king had made a grant of
land. By, charter, that land could be settled and
governed much as the owner chose.
The governments of these 3 colonies were much
like those in the royal colonies. The governor,
however, was appointed by the proprietor. In
Maryland and Delaware, the legislatures were
bicameral (two houses), but in Pennsylvania, it
was unicameral (one house).
The Charter Colonies
Connecticut and Rhode Island
The charter colonies were based on charters
granted, respectively, to the colonists themselves.
They were largely self governing.
The governors were elected each year by the
white, male property owners in each colony, and
required the king's approval.
The charters were so liberal for their time that,
with independence, they were kept with only minor
changes as State constitutions. In fact, many
historians say that had Britain allowed the other
colonies the same freedoms and self-government,
the Revolution might never have occurred.
Framers political thinking influenced by
Judeo-Christian heritage. Both
religions see the law and individual
rights as being of divine origin.
Protestant Reformation brought the
ideas of individual responsibility,
freedom of worship, and self
government. Enlightenment…people
having natural rights of life, liberty and
property.
Social contract-people agree to form a
government-”Locke and Rousseau”
Adam Smith-economic freedoms
(end of section 2.1)
Early attempts at unity- 1643-New
England Confederation-defend against
Indian attacks.
During French and Indian War-Iroquois
Conf. 6 tribes aligned with Britain.
Albany Plan-rejected but concepts
used in first constitution.
In 1760, when George III came to the
throne, Britain began to deal more firmly
with the colonies. Restrictive trading acts
were expanded and enforced. New taxes
were imposed, mostly to support British
troops in North America.
TO pay for the war!
Growing Colonial Unity
The colonies knew they would need to work
together if they wanted to succeed with a
revolt. Indeed several attempts had been made
to promote cooperation among the colonies.
One of the attempts was The Stamp Act Congress
that was called to protest the Stamp Act of 1765,
which taxed all legal documents, business
agreements, playing cards, newspapers, etc. When
new laws were passed to tie the colonies more
closely to London many colonists supported a
boycott - a refusal to buy or sell certain products or
services - of English goods. Ultimately this lead to
the famous "Boston Tea Party."
The First Continental Congress
In the spring of 1774, after Parliament had passed
yet another set of laws, this time to punish the
colonist for the troubles in Boston. Widespread
calls for a meeting of all of the colonies begins.
Delegates (representatives) from every state, but
Georgia, met in Philadelphia on September 5,
1774, and for two months the members of this
First Continental Congress discussed the
worsening situation, they sent a set of demands to
King George III. All demands rejected.
Lexington and Concord- British troops and
colonial militia exchange fire.
The Second Continental Congress 12/13
During the fall and winter of 1774 - 1775, the
British government continued to refuse to
compromise, let alone reverse, its colonial
policies. It reacted as it had before with even
stricter and more repressive measures.
The Second Continental Congress met on
May 10, 1775, , and by then the Revolution
had begun. The "shot heard 'round the world"
had been fired and the battles of Lexington
and Concord had been fought three weeks
earlier.
12 of the 13 colonies sent representatives to the
Congress. Sent king-Olive Branch Petition- king
refused-said colonies in full rebellion. This
Congress although not constitutionally based,
served as the first government of the United
States for five years, from the formal adoption of
the Declaration of Independence in 1776, until
the Articles of Confederation went into effect in
1781. It raised troops, borrowed $, declared
colonies independent from Britain.
The unicameral congress exercised both
legislative and executive power. In legislative
matters, each colony - later, State - had one vote.
Executive functions were handled by committees
of delegates.
Most colonists took strong exception to these moves.
They objected to taxes imposed on them from afar.
This arrangement, they claimed, was "taxation without
representation."
ref: Schoolhouse Rocks no more
kings
The colonists, who saw themselves as
British subjects, loyal to the crown, saw
little need for the costly presence of British
troops in North American soil. Within a few
years, the colonists faced a fateful choice:
to submit or revolt.
ref: Schoolhouse Rocks no more kings
No more Kings
http://www.youtube.com/watch?v=t9pDZMRCpQ&safe=active
Congress named a committee of five - Benjamin
Franklin, John Adams, Roger Sherman, Robert
Livingston, and Thomas Jefferson - to prepare a
proclamation of independence.
Benjamin
Franklin
Robert
Livingston
John
Adams
Roger
Sherman
Thomas
Jefferson
After spirited debates, for many of the
delegates had serious doubts about the
wisdom of a complete separation from
England, the delegates agreed and adopted
The Declaration of Independence. The
Declaration announces the independence of
the United States in its first paragraph and
at its heart it proclaims:
"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 of these ends, it
is the Right of the People to alter or to abolish it,
and to institute new Government, having its
foundation on such principles and organizing its
powers in such form, as to them shall seem most
likely to effect their Safety and Happiness."
With these brave words, the United States of
America was born, and 13 colonies became 13
independent States.
7 min
http://www.youtube.com/watch?v=n
rvpZxMfKaU&safe=active
Congress adopted on July 4, 1776.
Soon after Declaring their independent from
England, each new State adopted new State
Constitutions to replace their royal charters.
The Constitutions are bodies of fundamental
laws setting out principles, structures, and
processes of their governments.
The Massachusetts constitution of 1780 is the
oldest written constitution in force anywhere
in the world today.
The most common features of these State
Constitutions were the principles of Popular
Sovereignty (government can only exist with the
consent of the governed), limited powers, civil
rights and liberties, and separation of powers and
checks and balances, republican govt.
The First attempt to establish a
lasting government for the new
nation.........
The Articles of
Confederation
Richard Henry Lee's resolution leading to
the Declaration of Independence also called
on the Second Continental Congress to
propose "a plan of confederation" to the
States.
Seventeen months later the Articles of
Confederation were approved.
The Articles of Confederation established a
"firm league of friendship" among the States.
Each State kept:
"its sovereignty, freedom, and
independence, and every Power, Jurisdiction,
and right....not expressly delegated to the
United States, in Congress assembled"
Basically, the States came together "for their
common defense, the security of their
Liberties, and their mutual and general
welfare."
Powers of Congress
• Coin and borrow $
• Admit new states and divide
western lands
• Request $ from states
• Raise an army
• Appoint military officers
• Establish postal system
• Declare war and make peace
• Conduct foreign affairs
Limits on Congress:
• No president or executive branch
• No national court system
• No power to tax or raise $
• No power to regulate trade or currency
• No power to prohibit states from
conducting foreign affairs
• Major laws required approval by 9 of 13
to pass.
States kept all powers not given to
Congress!!
States could tax and enforce National
laws. Decide if wanted to send $ to
national gov’t or NOT!
Governmental Structure under the
Articles of Confederation
Congress was the sole body created,
and it was unicameral (one house)
Each State had one vote regardless of
population or wealth.
Each year, Congress would choose one
of its members as its president (presiding
chair).
State obligations under the Articles of
Confederation
States pledge to obey the Articles and acts of
Congress
Would provide troops requested by the Congress
Treat citizens of other States fairly and equally
with their own
Give full faith and credit to the public acts,
records, and judicial proceedings of every other
State
States agree to surrender fugitives from justice to
one another
Submit their disputes to Congress for settlement
Allow open travel and trade between and among
the States.
Beyond these few obligations, the States held all
powers not explicitly given to Congress. The
States, not the Congress, was primarily
responsible for protecting life and property and
were accountable for the promoting the general
welfare of the people.
Weaknesses of the Articles of Confederation
Several important powers of Congress were missing in the
Articles of Confederations kept Congress from governing
effectively.
Congress did not have the power to tax (it could only
raise money by borrowing it and by ASKING the
States for funds)
Congress also did not have the power to regulate trade
between the States.
Congress also had no power to MAKE the States
obey the Articles
Finally the Articles could only be changed with the
consent of all 13 of the State legislatures - this proved
to be an impossible task; not one amendment was ever
added to the Articles of Confederation
ref:
http://www.glencoe.com/qe/images/b96/q2481/tak10_obj1_power.gif
How does Gov. get $ to support army?
Northwest Ordinance-plan to settle that
territory.
• Allowed for admitting new states to Union
• Banned slavery in the territory
• Included a bill of rights for people in
territory
A Need For A Stronger Government
Problems cuz Articles of Confederation week,
soon surfaced. With a weak central government
unable to act, the States began to bicker among
each other, and often refused to support the new
central government. War debts, poor economy,
no money, states negotiating w foreign gov’t.
Treaty of Paris 1783 ended war.
Shay's Rebellion in Massachusetts .
Farmers began to lose their land and possessions
for lack of payments on taxes and other debts,
Daniel Shay, who had served as an officer in the
War for Independence, led an armed uprising
that forced several State judges to close their
courts. Eventually the rebellion was quieted and
Shays fled to Vermont. In response to the
violence, Massachusetts legislature passed laws
to ease the burden of debtors.
Shay's Rebellion
The movement for a change began to take
concrete form in 1785 at Mount Vernon and
Annapolis.
Virginia and Maryland met to discuss a
trade dispute. Great success so they
decided to meet again. Soon meeting was
set to be held in Philadelphia May 1787 to
discuss solving some of the national
governments problems.
End of section 3
12 of the 13 States, all but Rhode Island, sent
delegates to Philadelphia, for what is now
referred to as the Constitutional Convention
55 Delegates from the States attended the
convention. The group of delegates who
attended the Philadelphia Convention are
known as the Framers of the Constitution.
The average age of the delegates was only, 42,
and nearly half were only in their 30's. Indeed,
most of the real leaders were in that age group James Madison was 36, Gouverneur Morris 35,
Edmund Randolph 34, and Alexander Hamilton
32. Benjamin Franklin was the oldest at 81.
The Framer's organized immediately on May
25, 1787 and unanimously electing George
Washington as president of the convention.
After adopting several rules of procedures, each
State delegation was to have one vote on all
maters, and a majority of the votes cast would
carry any proposal.
Although the deliberations were kept secret, to
protect the delegates, several of them kept their
own accounts of the proceedings. Most of what
is known of the work of the convention comes
from James Madison's voluminous Notes.
Madison contributed more to the Constitution
than did any of the others, and was given the title
"Father of the Constitution."
The Philadelphia Convention was called to
recommend revisions in the Articles of
Confederation. However, almost at once the
delegates agreed that they were, in fact, meeting
to create a new government for the United States.
On May 30 they adopted this proposal:
"Resolved,...that a national Government ought
to be established consisting of a supreme
Legislative, Executive, and Judiciary."
-Edmund Randolph, Delegate from Virginia
From this point on the Framers redefined the
purpose of the convention was to set about the
writing of a new constitution, which was
intended to replace the Articles of Confederation.
Plans for a New
Government
The Virginia Plan: Called for a strong national government with 3
separate branches:
Legislative = Bicameral
Representation in both houses based on population
or $ given to support central government.
House
To be elected popularly
Senate
To be chosen by House from lists of
persons nominated by State
legislature
Executive
Together, these two
To be chosen by
branches would form a
Congress
Council of revision
would have a
They could veto acts
general authority to
passed by Congress, but
execute the
the veto could be
national laws
overridden by the two
houses
Judicial
To be chosen by
Congress
would consist of one
or more supreme
tribunals (courts), and
of inferior tribunals
Some of the delegates,
especially those from smaller
states, found this plan too
radical.
Why wouldn't smaller states like
the Virginia Plan?
The New Jersey Plan: Called for a unicameral
Congress of the Confederation.
Legislative Branch:
Unicameral
Each state equally represented 1 vote each
adds power to tax and regulate trade
Executive Branch:
calls for a "federal executive" of more than
one person
chosen by Congress
could be removed by a majority of State's
governors
Judicial Branch:
composed of a single "supreme tribunal"
appointed by executive
But some of the larger states
didn't like this one!!!
Why would small states like
the New Jersey plan and
large wealthy states not like
it???
Compromises
The conflicts of power and representation were finally
settled by a compromise suggested by the Connecticut
delegation. Under the Connecticut Compromise, it was
agreed that:
Congress would be composed of two houses
(bicameral).
House
Representation
Senate
would be based
Representation would
upon population
be equal
By combining basic features of the rival
Virginia and New Jersey Plans, the
conventions most serious dispute was resolved.
The Connecticut Compromise was so pivotal to
the writing of the Constitution that it has often
been called …. The Great Compromise
Other Compromises:
3/5th Compromise
The Trade Compromise
Last compromise- how to select the
President. State electors ie) the electoral
college.
Ratifying the
Constitution
39 of the 55 delegates signed the
document, others refused to sign because
it lacked a bill of rights. Time for the people
to ratify. When 9 of 13 signed it became
the law of the land. Small states signed
quickly!! “equal rep”
The Constitution was printed, circulated, and debated
vigorously. Two groups emerged in each of the States:
The Federalists, who favored ratification, and the AntiFederalists who opposed it.
Antifederalist-opposed the Constitution
• Feared a too powerful national gov’t
• To much power taken away from
states and people
• Strong executive = king
• No bill of rights to protect individuals
liberties.
Wanted the basic rights of people spelled
out in the Constitution!!!
Federalists-wanted a powerful national gov’t
• To defend the nation
• Regulate trade
• Control domestic disturbances
• Also, limits placed on gov’t power
Federalist Papers-Alex Hamilton, John Jay
and James Madison wrote defending the
new Constitution. “Publius” discuss how the
new structure limits authority and preserves
liberty.
Anti-Fed wrote Brutus and Federal Farmer
Bill of Rights-James Madison suggested a
number of rights to be protected by
amendments to the Constitution.
12 proposed- 10 were ratified by the states.
B of R = First 10 Amendments