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Creating a Lasting Government Unit Two Chapter 4: America’s Political Heritage THE COLONIAL EXPERIENCE Section 1: The Colonial Experience The Early Days American colonies had a lot of control Elected burgesses to represent them in a legislature Appointed colonial governors represented England Having representation in government was rare at the time—only common in England and the American colonies Religious Freedom: included the chance to worship in any Christian church—not really freedom, but better than nothing Freedom of the Press: an early newspaper publisher, John Peter Zenger, was jailed for publishing complaints against the British Roots of Freedom government; he was found not guilty ROOTS OF AMERICAN GOVERNMENT Section 2: Roots of American Government The Magna Carta Signed by King John in 1215 Limited the monarchy’s power for the first time Guaranteed rights for British nobles British Parliament was created by the late 1200s The British Bill of Rights was passed in 1689 MOVING TOWARD NATIONHOOD Section 3: Moving Toward Nationhood Major Problems The colonists had no representation in Parliament They could only trade with England Colonists were overtaxed to pay for the French and Indian war (Taxation Without Representation) First Continental Congress (1774): listed their gripes about the king Second Continental Congress (1775): people were already fighting So, they wrote the Declaration of Independence •From Thomas Paine Thomas Paine Common Sense, 1776 •“To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which when obtained requires five or six more to explain it in, will in a few years be looked upon as folly and childishness—There was a time when it was proper, and there is a proper time for it to cease…England to Europe, America to itself.” The Declaration of Independence The Introduction: gives the reasons why the colonies wanted to be independent The Preamble: explains their views about freedom and self rule The First Section of the Body: states the abuses of King George The Second Section of the Body: explains how the Colonists appealed in vain to the king The Conclusion: said the Colonies had the right to be free from the tyrant Read the Declaration of Independence (pages 106 – 109) Why did the Colonists feel the need to separate from Great Britain? List the unalienable rights that cannot be taken away. Just how bad was the king of England? What had he done? List at least five issues. What right did the Colonists feel was priceless? Who else have the Colonists turned to for help? Organizing the New Government Step One: write State Constitutions Step Two: create their bond—The Articles of Confederation Limited the governors’ terms Made the Legislative Branches the most powerful Created a National Legislature—Congress Each state would have one vote Step Three: kick some British butt Articles of Confederation: a step toward the Constitution Written by the Continental Congress A national code to provide the Colonies with a united government as they fought for their independence It took 3½ years for all states to ratify Created a “League of Friendship” among the states rather than a centralized national government Problems Post-War Tons of war debt No one to trade with People started revolting Daniel Shays led a number of farmers to revolt over high land taxes led to lots of lost farms in Massachusetts (Shays Rebellion) Chapter 5: Creating the Constitution Section 1: The Constitutional Convention What they agreed on… Create three separate branches of government: judicial, legislative, and executive Separate power between the federal and state governments The rest was left to much disagreement and discussion The Constitutional Convention When? Summer 1787 Where? Philadelphia, Pennsylvania Now known as Independence Hall The Two Sides Troubled Groups: Federalists: favored the Constitution and a strong central government Anti-Federalists: wanted the states to have more power Getting Started Washington was selected the presiding officer What happened in the state house, stayed in the state house Every state had one vote Met from 10AM to 4PM, six days a week; no break for meals The Virginia Plan Proposed by James Madison of Virginia Called for a strong national government Called for three branches of government Legislative—with two houses whose membership would be based on each state’s population Judicial Executive The New Jersey Plan Proposed by William Paterson of New Jersey Called for a one-house legislature All states would have an equal number of votes Appealed to the smaller states The Compromise Under the Articles of Confederation Under the Constitution A league of friendship A national government A one-house legislature A two-house legislature No executive or judicial branches Established executive and judicial branches States can tax Congress can also tax States can coin money Only the federal government can coin money No trade regulations The federal government regulates trade States had most power Shared power First Elections Most felt the average Americans wouldn’t be able to make good decisions White, land-owning males would elect members of the House State legislatures would elect Senators The Electoral College would elect the President Each state could decide how their electoral college representatives would be selected Signing September 17, 1787 By 39 delegates Section 2: The Struggle for Ratification Only those states that ratified (approved) the Constitution would be part of the new nation Controversy The Federalists Supported the Constitution Felt a strong, central government was necessary The Anti-Federalists Opposed the Constitution Didn’t like Congress’ ability to make “necessary and proper” laws Wanted a Bill of Rights The Argument Goes to Paper Federalists Included James Madison, Alexander Hamilton, and John Jay Wrote The Federalist essays for publication in newspapers Anti-Federalists Included Patrick Henry He addressed the entire Virginia ratifying convention Section 3: The Supreme Law of the Land Goals of the New Government To form a more perfect union—unite the separate states To establish justice—have a fair legal system To insure domestic tranquility—let’s all get along To provide for the common defense— safety first To promote the general welfare—conditions that benefit all Americans To secure the blessings of liberty to ourselves and our posterity—freedom for what we want to do and how we want to live (without hurting others!) The Separation of Powers To prevent one body in the government from having all the power Article I: established the legislative branch Article II: established the executive branch The lawmaking part of the government The U.S. Congress (House and Senate) The law enforcing part of the government The president and vice president Article III: established the judicial branch The law interpreting part of the government The Supreme Court and the lower federal courts Citizens and the New Government Article IV: the Full Faith and Credit Clause Article V: establishes procedures for amending the Constitution Article VI: the supremacy article Each state will respect the laws of other states Guarantees a representative form of government for all states The Constitution is the supreme law of the land Article VII: says ratification by nine states was enough to adopt the Constitution A Limited Government Federalism: state and nation have power Concurrent: some powers are shared Reserved: some powers aren’t given to either Taxing, courts Schools, police Separation of Power Checks and Balances Chapter 6: The Bill of Rights Section 1: Adding the Bill of Rights The Amendment Process Must be approved at the national and state level Proposed to the states by Congress: Approved by 2/3 vote in both the Senate and the House Called for by 2/3 of state legislatures (never been done) State Ratification: 3/4 of the nation’s state legislatures At special conventions at 3/4 of the states Adding the Bill of Rights James Madison encouraged fellow Congressmen to amend the Constitution Twelve were proposed—only ten were passed The House was NOT enlarged There would be NO limits to when Congress could raise its salaries Bill of Rights Activity Read through the Bill of Rights. Choose three of the Amendments and rewrite them in more modern language. (That will have to be on a separate piece of paper.) Complete the Bill of Rights application worksheet—read the scenario and decide which Amendment should be applied. (You can do that in the packet.) Section 2: Protections in the Bill of Rights Individual Freedoms: The First Amendment Freedom of Religion—and a separation of church and state Freedom of Speech—no slander (telling lies that damage another’s reputation) Freedom of the Press—again, no lies though, and no endangering the lives of others Freedom of Assembly—including demonstrations Freedom of Petition—ask that laws be changed Protections Against Government Abuse of Power (Amendments 2-5) 2nd: We have the right to own guns 3rd: Soldiers cannot stay in civilian homes without the homeowner’s permission 4th: Police need a valid reason to search personal property 5th: People must be paid a fair price if the government takes their property due to eminent domain Rights of Citizens Accused of Crimes (5th-8th Amendments) 5th Amendment Confessions cannot be forced Grand juries must indict in serious crimes No double jeopardy 6th Amendment Trial by jury A speedy, public, and fair trial Right to a lawyer 7th Amendment Jury trials for cases about money or property 8th Amendment Release on bail (which cannot be excessive) No cruel or unusual punishment 9th Amendment Rights aren’t limited to those in the Constitution 10th Amendment Powers not listed belong to the state or to the people Chapter 7: Our Enduring Constitution Section 1: Changing the Law of the Land We the People? Remember, only white, land-owning, males were really considered important in the beginning Slavery wasn’t even mentioned because the framers didn’t want to upset anyone Tensions continued The Missouri Compromise adding slave and free states The Dred Scott case declared slaves property Slavery wasn’t abolished until the 13th Amendment in 1865 Who Gets to Vote? The 14th Amendment Made African Americans citizens Forced states to respect citizens’ rights The 15th Amendment forbade voting discrimination based on race or past condition of servitude (slavery) The 19th Amendment gave women voting rights The 24th Amendment said voting should be The 26th Amendment lowered the voting age to 18 Section 2: A Flexible Framework Who is Watching? The Supreme Court! Equal Protection People don’t have to be treated in exactly the same way, but everyone must be treated fairly Plessy v. Ferguson (1896) had permitted segregation by allowing separate but equal Overturned with Brown v. Board of Education of Topeka (1954) Affirmative Action has been around since the 1960s to help combat discrimination