ORIGINS OF AMERICAN GOVERNMENT Chapter 2. Our Political Beginnings.
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ORIGINS OF AMERICAN GOVERNMENT
Chapter 2
Our Political Beginnings
The Beginning
North American Exploration Begins In Mid-16th Century
European explorers, traders, & settlers French, Dutch, Spanish,
Swedes, & the English English settlers most
numerous Native American
dominations begins to fade
Basic Concepts of Government
English settlers brought their own traditions and customs
English law has deep roots in Middle Eastern & Ancient Roman Traditions
Brought ideas on government Ordered Government Limited Government Representative Government
Ordered Government
Orderly regulation of relationships is key Creation of local offices; many still found
today Sheriff Coroner Assessor Justice of the Peace Grand Jury Counties & Townships
Limited Government
Government should not be all-powerful Individual rights should not be touched
by the government
These ideas have a strong hold in English government & law practice
Representative Government
Government should serve the will of the people
People should have a voice in the government
Notion of “government of, by, and for the people”, took root in colonial America
Legislative Bodies
Unicameral One chamber/legislative house Used in early colonial legislatures Nebraska only state that has a unicameral
legislature Bicameral
Two chambers/legislative houses Adopted from English Parliamentary system
House of Lords & House of Commons American standard federally and with the
States
Landmark Documents & Events
Magna Carta
Known as the “Great Charter”
Signed by King John in 1215 at Runnymede
Unhappy barons tired of heavy taxes and military campaigns Pressured King John
Protection from unfair act by the Crown
…Continued
The Magna Carta Included Trial by jury Due process Protection of taking of life,
liberty, or property Intended for the upper
classes Evolved into including all
classes Est. that monarchial
power was NOT absolute
Petition of Rights
Magna Carta fell in and out of favor
Parliament began gaining more influence
1628 Charles I asked Parliament for money Parliament demanded he
sign the “Petition of Rights”
Heavily limited King’s powers
…Continued
Power Limitations Imprisonment could not
occur without a judgment by a jury of peers
No martial law in times of peace
No quartering of troops by private citizens
Challenged “Divine Right” King subject to the laws as
well
The English Bill of Rights
1688 saw the end of conflicts in England
William & Mary of Orange crowned Called the “Glorious
Revolution” Parliament began
drawing up the Bill of Rights Officially accepted in
1689
…Continued
English Bill of Rights included Prohibition of a standing army
during peace time Parliament elections should be
free Prohibition of the Crown levying
money Petitions can be heard by the
king The Crown could no longer
tamper with English Law Right to a fair trial No excessive bail or
cruel/unusual punishment
The English Colonies
13 colonies est. over 125 years Outposts & forts became thriving communities Virginia,1607
Jamestown Commercial venture, company owned trading operation
Massachusetts, 1620 Settled for religious freedom
Georgia, 1733 Savannah Haven for English debtors and petty criminals
Penal Colony
The Coming of Independence
Britain’s Colonial Policies
Colonies controlled by the Crown Privy Council & Board of Trade in London
Parliament little interest in management (trade only)
Colonies under framework of royal control London was over 3000 miles away Self-government evolved Colonial legislatures
Broad lawmaking power Power of the purse
…Continued
Development of a “Federal” system London provided
defense and dealt with foreign affairs
Colonies allowed to self rule, hardly taxed, and they ignored trade regulations
George III
Began his reign in 1760
More firm dealings with colonist Enforced ignored
regulations New taxes imposed
to support troops in the Colonies
Colonial Response
“Taxation without representation” Felt there was no need for stationed
troops French had been defeated in 1763
The Government was across the ocean Out of touch with colonial life
Saw themselves as British The questions posed: Submit or Revolt?
…Continued
The Stamp Act Congress Crown’s tax and trade polices angered the
Colonies Stamp Act-1765
Tax on legal documents, business agreements, & newspapers
“Taxation without representation” October 1765-Stamp Act Congress meets
Colonies but GA, NH, NC, VA gathered in New York
Prepared “Declaration of Rights & Grievances” Sent petition to the king Parliament repealed the Stamp Act
Tensions
Parliament closing the gap between the Colonies and London
Colonial boycott of English goods Refusal to buy or sell certain products or
goods March 5, 1770-Boston Massacre (5
Killed) December 16, 1773-Boston Tea Party
Men dressed as Native Americans board three English ships in Boston Harbor
Dumped cargo overboard
…Continued
Committees of Correspondence formed Grew from the idea
of Samuel Adams in Boston
Spread across colonies
Exchange of information among patriots
The Congresses
First Continental Congress
Intolerable Acts passed in 1774 Punishment for Boston Tea Party
Sept. 5, 1774 Congress meets in Philadelphia GA did not attend Political minds of the day Prepared and sent Declaration of Rights to the
king Called for end of English trade until Acts repealed Adjourned in October with plans to meet in May Support grew over the months for FCC
The Second Continental Congress
1774-1775; British stand by colonial policies
Reaction to the Declaration of Rights Stricter and more repressive measures
Congress Met again in Philadelphia
May 10, 1775 The Revolution had already begun
“Shot heard ‘round the world” Battle at Lexington and Concord on April 19
…Continued
Representatives All 13 colonies participated Ben Franklin, John Adams, &
John Hancock Hancock picked as president of
the Congress Accomplishments
Continental Army Created George Washington chosen as
Commander-in-Chief Jefferson replaces Washington on
Virginia’s delegation
Our First National Government
SCC forced to become the first national government
No constitutional base Denounced by British as unlawful and
treasonous Waves of growing public support Served for 5 years (1776-1781) Each Colony had 1 vote Legislative & Executive power linked
together
…Continued
Accomplishments Fought a war Raised an army & navy Borrowed money Bought supplies Created a monetary system Negotiated treaties
The Declaration of Independence
Richard Henry Lee proposed separation from Britain Resolution of June 7, 1776 Committee picked to prepare
Declaration Adams, Franklin, & Jefferson
Work on Declaration of Independence
July 2, 1776, Delegates agreed to Lee’s resolution
…Continued
July 4, 1776 Declaration of
Independence proclaimed Independence declared in
1 paragraph 2/3 speak of injuries by
the Crown that led to revolt
Called for equality of all men
56 men signed the final document
The Critical Point
The Articles of Confederation
Lee’s resolution called for the unifying of the States
Articles of Confederation created Nov. 15, 1777 “Firm League of Friendship” Each state would remain sovereign Ratification came slowly
Delaware: February 1779 Maryland: March 1781
Government Structure
Simple government Unicameral legislature
Delegates picked by their state Each state had only 1 vote No executive or judicial branches
Committees in Congress Annual choice for President of the
Congress “Presiding Officer” of Congress not the
U.S. Civil officers appointed by Congress
Powers of Congress
Make War & Peace Send & Receive Ambassadors Make Treaties Borrow Money Set Up a Monetary System Establish Post Offices Build a Navy Raise an Army of State Troops Fix Uniform Weights & Measures Settle Disputes Between the
States
State Obligations
States would obey the Articles Promised to provide funds and troops Equality of all citizens Full faith and credit to other state’s actions Surrender fugitives Submit disputes to Congress Open travel & trade Responsible for protection of life, property,
& happiness of citizens
Weaknesses
Congress Could Not Tax Raise money through borrowing or asking the States Borrowing became a poor choice Revolutionary debt high and unpaid States never met financial requests of Congress
No regulation of interstate trade Lack of power to make states obey laws 9-13 vote to pass laws Changes made to the Articles had to be unanimous
No amendments ever made
The 1780’s
At War’s End
Revolutionary War ended on October 19, 1781
Treaty of Paris confirmed U.S. victory in 1783
…Continued
Problems began to surface at home Weak central government Suspicion and jealousy between states Refusal to support central government States made agreements with foreign
powers Forbidden by the Articles
Taxes and bans on other state’s goods Soaring prices & poor credit Skyrocketing debt
Shays’ Rebellion
Economy worsened People losing property & possessions to pay
on taxes & debts 1789-Danial Shays of MA leads an armed
uprising Officer during Revolution Uprising closed state courts Lead unsuccessful assault on Springfield arsenal Fled to Vermont MA response: Pass debt easement laws
A Need For A Strong Government
Demand grew for strengthening central government
Large property owners, merchants, traders, & creditors worried about shaky economy
March 1785 Virginia & Maryland meet at Mt.
Vernon Recommended Federal plan of
regulating trade January 21, 1786
…Continued
September 1786 5 of the 13 States meet in Annapolis Called for second meeting the following
May February 1787, 7 of 13 States plan
attendance Congress calls for states to send
delegations Met in Philadelphia Would become the Constitutional
Convention
Creating the Constitution
The Framers
55 Delegates met at the Philadelphia Convention “an assembly of demi-gods” –Jefferson Attributes
Well educated Revolutionary war vets, members of Continental
Congress & Art. of Confed. Congress 7 State governors 2 Future Presidents, 1 future VP Average age: 42
½ in their 30’s Franklin was the oldest member at 81
Organization & Procedures
Met in Independence Hall George Washington elected president of
the convention Every state had one vote, majority vote
would carry a measure Adapted a rule of secrecy Recommended changes to Articles of
Confederation Feeling of creating something new Eventually push to replace Articles of
Confederation
The Virginia Plan
Proposed by Madison 3 Separate branches of government
Leg, Ex, & Jud Bicameral Legislature
Representation based on states population or monetary funds
House members- Lower house, popularly elected Senate members- Upper house, chosen by House
members off list of State appointees A of C powers kept by Congress Congress would have more force backing them
The New Jersey Plan
Proposed by William Paterson Called for Unicameral Legislature
Equal representation of the states Limited taxing ability and interstate
trade regulations Plural Executive picked by Congress Federal Judiciary
Supreme Tribunal appointed by the Executive
Compromises
States bickered over representation Large states expected to dominate Small states worried of infringement of
rights & interests Connecticut Compromise
2 Congressional Houses Senate- equal representation House- representation based on population
Supported strong central government The “Great Compromise”
…Continued
3/5 Compromise Q. Should slaves be counted in a state’s
population? Southern states wanted slaves counted
Boost representation in the House Northern states highly apposed
Agreement Free people counted as a whole Slaves considered 3/5 of a person Southerners would also have to pay for their
slaves
...Continued
Commerce & Slave Trade Compromise Agreement Congress needed control of
trade South feared Northern Control
Congress paid through taxes on exported goods- Tobacco
Interference with Slave Trade Agreement
Congress could not tax exported goods from the States
Congress could not act against the Slave Trade for 20 years
The End
States had differing views & interests States separated by geography & economic
goals “Bundle of Compromises” Seeing Eye-to-Eye
Federal government was needed Government needed power Popular sovereignty & limited government Separation of powers & Checks and
balances
…Continued
Committee of Stile & Arrangement September 8, 1787 Gouverneur Morris head
of committee September 17 work
approved 39 men signed the
finished document Printed and sent
throughout the States
Ratification
The Fight To Ratify
Constitution was meant to replace the A of C
9 states needed to ratify the document to enact it Formal consent by the States
Copies sent out September 28, 1787 Heavily debated and discussed
throughout the Country Two distinct groups formed
Federalists Anti-Federalists
Federalists
Stressed weaknesses of the Articles of Confederation
Knew that a strong government would help the infant country Economical & socially
James Madison & Alexander Hamilton some of the most active
Anti-Federalists
Attacked the Constitution Disapproved of the
Ratification process Demoralized by the lack of
God in the document Disdained lack of the States
ability to print money Disliked the increase in
central governmental power Disheartened by lack of a
“Bill of Rights”
Nine States Ratify
Delaware the first: December 7, 1787
New Hampshire the ninth: June 21, 1788
New York & Virginia had yet to ratify Fear that without
their support the Government would fail
Virginian Ratification
Followed NH four days later
Heated battles, Strong debates
George Washington supported the Constitution
Madison persuaded Jefferson’s support
New York Ratification
Eleventh state: July 26, 1788 Saw rise of “The Federalist” papers
85 essays Written by A. Hamilton, J. Madison, & J. Jay Supported Constitution Printed in newspapers and eventually
collected into books End of long battle for ratification
The New Government
September 13, 1788 11 of 13 States under “…federal roof”
New York picked as temporary capital New government inaugurated the
following March March 4, 1789 at Federal Hall April 6, George Washington elected
President Unanimously John Adams elected VP
April 30, Washington takes the Oath of Office
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