Chapter Two: Origins of American Government

Mr. Cargile Mr. Cargile Mission Hills High School, San Mission Hills High School, San

Marcos CAMarcos CA

Mr. Cargile Mr. Cargile Mission Hills High School, San Mission Hills High School, San

Marcos CAMarcos CA

SECTION 1Our Political Beginnings

SECTION 2The Coming of Independence

SECTION 3The Critical Period

SECTION 4Creating the Constitution

SECTION 5Ratifying the Constitution

Chapter 2Chapter 222 33 4411 55

Chapter 2, Section 1Chapter 2, Section 1

• What basic concepts of government were held by

American colonists?

• Which important English documents have had the most influence on our government?

• How were the governments of the thirteen colonies organized?

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The English colonists in America brought with them three main concepts:

• The need for an ordered social system, or government.

• The idea of limited government, that is, that government should not be all-powerful.

• The concept of representative government— a government that serves the will of the people.

Chapter 2, Section 1Chapter 2, Section 122 33 44 55

The way our government works today can be traced to important documents in history:


The rights established in these landmark documents were revolutionary in their day. They did not, however, extend to all people when first granted . Over the years, these rights have influenced systems of government in many countries. How might the right to petition, first granted in the English Bill of Rights, prevent abuse of power by a monarch? Discuss your responses with your proximity partners and be prepared to share your findings with the class.

Possible answer: Through petitioning,

the people would always have the ability to

question the monarch’s actions.

Summary

• Because of their traditions as English citizens, American colonists expected to have the rights granted in England by the Magna CartaMagna Carta and the English Bill of RightsEnglish Bill of Rights.

• However, they were often denied these rights, and tensions grew in the colonies, leading toward revolution.

• Many principles of the earlier British documents continued in the American Declaration of Declaration of IndependenceIndependence and the Bill of RightsBill of Rights in the U.S. Constitution.

• In Europe, some of the same principles and traditions carried into the French Declaration of Rights of Man Declaration of Rights of Man and the Citizen.and the Citizen.


Magna Carta (1215, England)

• Limited the powers of the king.

• Laid the basis for due process of lawdue process of law – law should be known and orderly.

• Prohibited the king from taking property or taxes without consent of a council

• Habeas CorpusHabeas Corpus

Habeas CorpusHabeas Corpus – meaning rights against unlawful imprisonment

Due processDue process – administration of the law by proceeding according to established legal principles that protect individual rights.

English Bill of Rights (1689)

• Guaranteed free elections & frequent meetings of Parliament

• Forbade excessive fines & cruel punishment

• Gave people the right to complain to the king or queen in Parliament

• Est. representative representative governmentgovernment – laws made by a group that acts for the people



• It settled all of the major issues between King & Parliament.

• It served as a model for the U. S. Bill of Rights.

• It also formed a base for the steady expansion of civil liberties in the 18c and early 19c in England.


Trial by Jury Due Process

Private Property No Cruel Punishment

No excessive bail or fines Right to bear arms

Right to petition

Rights Colonists possessed as English citizens from the English Bill of Rights

in 1689. They believed King George and Parliament had violated these.


There were three types of colonies in North America: royal, proprietary, and charter.

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• The royal colonies were ruled directly by the English monarchy.

• The King granted land to people in North America, who then formed proprietary colonies.

• The charter colonies were mostly self-governed, and their charters were granted to the colonists.

1. All of the following are basic concepts of government brought to the colonies by English settlers EXCEPT

– (a) the need for limited government.

– (b) the need for a representative government.

– (c) the need for an autocratic government.

– (d) the need for an ordered social system.

2. Which of the following was not one of the rights granted in the Magna Carta?

– (a) The right to private property.

– (b) The right to a trial by jury.

– (c) The right to freedom of religion.

– (d) The right to undergo due process of the law. Chapter 2, Section 1Chapter 2, Section 122 33 44 55

• What were Britain’s colonial policies and how did the

colonists react to them?

• What were the outcomes of the First and Second

Continental Congresses?

• How did American independence come about, and what

were its effects?

Chapter 2, Section 2Chapter 2, Section 233 4411 55


• Until the mid-1700s, the colonies were allowed a great deal of freedom in their governments by the English monarchy.

• In 1760, King George III imposed new taxes and laws on the colonists.

• The colonists started a confederation, proposed an annual congress, and began to rebel.

Early Attempts• In 1643, several New England

settlements formed the New England Confederation.

• A confederation is a joining of several groups for a common purpose.

The Albany Plan• In 1754, Benjamin Franklin

proposed the Albany Plan of Union, in which an annual congress of delegates (representatives) from each of the 13 colonies would be formed.


The Stamp Act Congress• In 1765, a group of colonies sent delegates to the Stamp Act Congress in New York. • These delegates prepared the Declaration of Rights and Grievances against British policies and

sent it to the king.


First Continental Congress

• The colonists sent a Declaration of Rights to King George III.

• The delegates urged each of the colonies to refuse all trade with England until British tax and trade regulations were repealed, or recalled.

Second Continental Congress

• In 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia.

• The Second Continental Congress served as the first government of the United States from 1776 to 1781.


John LockeJohn Locke (1632-1704) England

► People have People have natural natural rightsrights to life, liberty, to life, liberty, and the ownership of and the ownership of property. property.

► People form People form governments to governments to protect these rightsprotect these rights. . Therefore, a Therefore, a government gets its government gets its authority from the authority from the peoplepeople and should and should reflect their will.reflect their will.

► The doctrine of the Divine The doctrine of the Divine Right of Kings was Right of Kings was nonsense.nonsense.

► He favored a republic as the He favored a republic as the best form of government.best form of government.

Natural RightsNatural Rights n. the rights that all people are born with – according to John Locke, the rights of…? ? & ?

(p.171)

John Locke’s Philosophy (I)

► The individual must become a The individual must become a “rational“rationalcreature.”creature.”

► Virtue can be learned and practiced.Virtue can be learned and practiced.► Human beings possess free will.Human beings possess free will.

they should be prepared for they should be prepared for freedom.freedom.

obedience should be out of obedience should be out of conviction, not out of fear.conviction, not out of fear.

► Legislators owe their power to a Legislators owe their power to a contractcontract with the peoplewith the people..

► Neither kings nor wealth are Neither kings nor wealth are divinely ordained.divinely ordained.

Locke’s Influence

► Locke’s ideas influenced Locke’s ideas influenced Thomas Thomas JeffersonJefferson, the main author of the , the main author of the Declaration of IndependenceDeclaration of Independence, the , the basis of the American Revolution. basis of the American Revolution.

► It stated that people have It stated that people have natural “unalienable rights” natural “unalienable rights” and that government derives and that government derives its power from the people.its power from the people.

Purpose of Purpose of GovernmeGovernme

ntnt

Limited Limited GovernmeGovernme

ntnt

EqualityEquality

To preserve himself, his liberty and property

Government of laws not manMen being by nature all free, equal and independent

To secure these rights

History of the present King of England is repeated injuries

All men are created equal

Authority Authority of of

GovernmeGovernmentnt

Natural Natural RightsRights

John Locke

A government’s power comes from the consent of the people.

All people are born free and equal with natural rights to life, liberty and property

Declaration of Independence

The people have the right to abolish an oppressive government and establish a new one.

All men are endowed with certain unalienable rights among which are life, liberty and the pursuit of happiness.

•Explain to the world why Explain to the world why separation from England was separation from England was

necessarynecessary•New theory of government New theory of government

((democracy---people rule)democracy---people rule) •27 27 grievancesgrievances listed against King listed against King

GeorgeGeorge•Declaration of WarDeclaration of War

•We became the United States of We became the United States of AmericaAmerica

New New Theory?Theory?

The Baron de Montesquieu (1689-1755) France

► Government should Government should be kept under be kept under control through control through separation of powers separation of powers – a division into – a division into independent parts so independent parts so that no part has too that no part has too much power.much power.

► A way to guarantee A way to guarantee balance is to have balance is to have three branches of three branches of government:government:1.1. Legislative Legislative

branchbranch2.2. Executive branchExecutive branch3.3. Judicial branchJudicial branch

Sound Familiar?

Montesquieu’s Influences► Montesquieu’s ideas influenced Montesquieu’s ideas influenced , sometimes called , sometimes called

the father of the the father of the U.S. ConstitutionU.S. Constitution because of his many contributions at because of his many contributions at the 1787 Constitutional Convention.the 1787 Constitutional Convention.

► The Constitution separates The Constitution separates government powers into three government powers into three branches.branches.

Jean Jacques Rousseau (1712-1778) France

► A A social contractsocial contract exists between citizens exists between citizens and their government.and their government.

► In this contrast, In this contrast, citizens accept certain citizens accept certain rights and rights and responsibilities, and responsibilities, and grant the government grant the government the power to uphold the power to uphold those rights and those rights and responsibilities.responsibilities.

► The Social Contract, The Social Contract, 17621762..

Rousseau’s Philosophy (I)

Virtue exists in the ”state of Virtue exists in the ”state of nature,” but lost in “society.”nature,” but lost in “society.”

Government must preserve Government must preserve “virtue” and ”liberty.”“virtue” and ”liberty.”

Man is born free, yet Man is born free, yet everywhere he is in chains.everywhere he is in chains.

The concept of the The concept of the ”Noble ”Noble Savage.”Savage.”

Liberty, Equality, Fraternity.Liberty, Equality, Fraternity. Civil liberty Civil liberty invest ALL invest ALL

rights and liberties into a rights and liberties into a society.society.

Rousseau’s Philosophy (II)

► QuestionQuestion Does progress in Does progress in the arts and sciences the arts and sciences correspond with progress in correspond with progress in morality? morality?

As civilizations progress, they As civilizations progress, they move away from morality.move away from morality.

Civilization itself leads away Civilization itself leads away from true fundamentals.from true fundamentals.

Technology and art create false Technology and art create false desires.desires.

NO!NO!

Rousseau’s Philosophy (III)

► Concept of the Concept of the “General “General Will.”Will.”

Only those who make their Only those who make their own laws are free.own laws are free.

Virtuous citizens will agree, Virtuous citizens will agree, become one.become one.

V Not merely a consensus or Not merely a consensus or the majority.the majority.

A discussion among the A discussion among the virtuous will yield unity.virtuous will yield unity.

V Dissenters are “forced to be Dissenters are “forced to be free.”free.”

V General WillGeneral Will = = law law ++ freedom!freedom!

• Said that all men are created equal & have the right to life, liberty, and the pursuit of happiness;

• These are unalienable unalienable rightsrights – rights that government cannot take away.

• Said that governments get their power from the consent of the governed – the idea of popular popular sovereigntysovereignty.

NOTE: Sovereignty refers to a country’s right to rule itself.

Not only did we fight for our independence, but we fought for rights we believed we had as Englishmen. These

rights would be included in our Constitution in 1791 as the first 10 Amendments10 Amendments or Bill of Rights.Bill of Rights.

Trial by juryDue processPrivate propertyNo unreasonable search and seizureNo cruel punishment

Right to bear armsRight to petitionFreedom of speechFreedom of the pressFreedom of religion

Guaranteed freedom of speech, freedom of religion, and freedom of the press

Guaranteed due process of law, including protection from unfair imprisonment

Guaranteed trial by jury; protected people from “cruel & unusual punishment”

Did you know?Did you know?They are theThey are the

11stst Ten Amendments Ten Amendments of the Constitutionof the Constitution


• On July 4, 1776, the Second Continental Congress

adopted the Declaration of Independence.

• Between 1776 and 1777, most of the States adopted constitutions instead of charters.



Common Features of State Constitutions

Civil Rights and Liberties

Popular Sovereignty

Limited Government

Separation of Powers and Checks and

Balances

The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign.

The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions.

In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people.

The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government.

1. The Declaration of Independence was signed in– (a) 1765.

– (b) 1776.

– (c) 1781.

– (d) 1787.

2. The Stamp Act of 1765 was a law enacted by the British that– (a) increased the colonists’ taxes.

– (b) was repealed by the Magna Carta.

– (c) the colonists ratified one year later.

– (d) raised the price of postage stamps by two cents.



Which of the following rights in the U.S. Bill of Rights comes from a provision I the Magna

Carta?

a. freedom of speech

b. Freedom of religion

c. The right to life, liberty, and the pursuit

of happiness

d. the right to due process of law


Which statement bestbest summarizes the idea of representative government as it was established in the

English Bill of Rights?

a. Powers not granted to the king are kept by the people.

b. Laws are made and carried out by a group t hat acts for the people.

c. All people are born free and equal in rights.d. A strong central government protects

individual freedoms.


English colonists in America expected to have representative government in the colonies because

a. there was a tradition of representative government in England.

b. the fled England specifically to establish representative government.

c. the king had promised the colonists representative government.

d. most countries at that time had representative government.


The idea that governments get their power from the people they govern is called

a. checks and balances .

b. popular sovereignty.

c. natural rights.

d. states’ rights.


The American Declaration of Independence and the French Declaration of the Rights of Man

and Citizen both

a. limit the power of the king.

b. emphasize the rights of the individual.

c. guarantee frequent meetings of Parliament.

d. guarantee freedom of religion.

The term “unalienable rights” in the American Declaration of Independence

refers to rights that

a immigrants do not possess.

b. are guaranteed by written law.

c. a government cannot take away.

d. a government grants its people.



• What were the Articles of Confederation?

• Why were the 1780s a critical period in United

States history?

• What did America do to create a stronger

government in the 1780s?

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The Articles of Confederation established “a firm league of friendship” among the States.


Powers

Congress was given the

power to declare war, deal

with national finance issues,

and settle disputes among

the States.

Obligations

The States promised to obey

Congress, and to respect the

laws of the other States.

Most other powers were

retained by each State.

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Weaknesses of the Articles of Confederation



• Representatives from Maryland and Virginia met at Mount Vernon, Virginia, in 1785 to discuss trade issues.

• The meeting was so successful that the Virginia General Assembly requested a meeting of all thirteen States, which eventually became the Constitutional Convention in Philadelphia.

1. The government set up by the Articles of Confederation had – (a) the power to make treaties and build a navy.– (b) a bicameral congress.– (c) separation of powers.– (d) a President to carry out its laws.

2. Which of the following was a weakness of the Articles of Confederation?

– (a) Congress could not make treaties.– (b) Congress could not borrow money.– (c) The States did not agree to obey the Articles.– (d) Congress could not lay or collect taxes or duties.


• Who were the Framers of the Constitution?

• What were the differences between the Virginia Plan and the New Jersey Plan?

• What were some of the compromises on which the Constitutional Convention agreed?

• What sources did the delegates draw on and how did they react when they completed the Constitution?


The AOC was unable to act decisively in a time of crisis (could not protect life, liberty and propertycould not protect life, liberty and property).

Could not provide or protect our ordered, limited and representative government. States had too much

power.Provided all the evidence needed to finally convene and revise the constitution that had the power to tax

and enforce it’s laws. Why was Shay’s RebellionShay’s Rebellion such a concern to our

founding fathers?

Why A New Why A New Constitution?Constitution?

“The writing of the Constitution formed a task more difficult than can be well conceived by

those who were not concerned in the execution of it. Adding to the difficulty the natural

diversity of human opinions on all new and complicated subjects, it is impossible to consider the degree of concord which

ultimately prevailed as less than a miracle.”

“The writing of the Constitution formed a task more difficult than can be well conceived by

those who were not concerned in the execution of it. Adding to the difficulty the natural

diversity of human opinions on all new and complicated subjects, it is impossible to consider the degree of concord which

ultimately prevailed as less than a miracle.”

•Father of the Constitution and the Bill of Rights

•Believed in a strong central government

•Wrote part of The Federalist Papers

•Would become our 4th president

•Father of the Constitution and the Bill of Rights

•Believed in a strong central government

•Wrote part of The Federalist Papers

•Would become our 4th president

“Snapshot of a“Framer”

• White White • Male Male • AdultsAdults• LandownersLandowners• Some educationSome education• Some were slave ownersSome were slave owners• LawyersLawyers• MerchantsMerchants

• White White • Male Male • AdultsAdults• LandownersLandowners• Some educationSome education• Some were slave ownersSome were slave owners• LawyersLawyers• MerchantsMerchants

PoorPoorSlavesSlavesWomenWomen

and Native Americansand Native Americans

o Who was missing? The term “Founding Fathers,” which is used to refer to the convention delegates, immediately suggest on e significant group that was missing from the famous gathering in Philadelphia.

o No women, blacks, or Native Americans participated in the Constitutional Convention.

o White men of modest means, who constituted 85% of the population, were represented by just two delegates of the same social standing.

o While the absence of these groups might seem strange to us today, the delegates would have been equally surprised by the suggestion that they be allowed to participate. Despite the example of such remarkable and accomplished women as Abigail Adams (wife of John Adams) and Mercy Otis Warren (playwright and historian), women were viewed as dependents of their fathers or husbands. When they married, all that they owned became their husbands’ property. Remember, women could neither vote nor hold office.

o Free blacks and Native Americans also lacked political and legal rights. Even white men without property could not hold political office. Many poor and middle-class whites could not vote for the same reason.

Who wasn’t invitedto the Convention?Who wasn’t invitedto the Convention?

Do governments get their power from the consent of the governed – the idea of popular popular sovereigntysovereignty?

Are all men created equal & have the right to life, liberty, and the pursuit of happiness?

Remember…Who were the

Framers?

Leaders of the Philadelphia Convention James Madison was the co-author of the Articles of Confederation. Gouverneur Morris was a lawyer who helped develop the U.S. system of money. Alexander Hamilton was a lawyer who favored a strong central government. George Washington was the successful leader of the Continental Army.

Some famous leaders who were NOT at the Philadelphia Convention

Patrick Henry said he “smelt a rat” and refused to attend. Samuel Adams and John Hancock were not selected as delegates by their

states. Thomas Jefferson and Thomas Paine were in Paris. John Adams was on diplomatic missions to England and Holland.


•First major argument between the delegates was over how many representativesrepresentatives each state would have in

Congress.•What type of CongressCongress

should we have?

•Large statesLarge states (Massachusetts and Virginia) believed the more population, the more representatives in Congress.

•Small statesSmall states (New Jersey and Connecticut) believed each state should have equal representation.


The Virginia Plan

• Three branches of

government

• Bicameral legislature

• “National Executive” and

“National Judiciary”

The New Jersey Plan

• Unicameral Congress

• Equal representation for States

of different sizes

• More than one federal executive

Constitutional Compromises

• The Connecticut Compromise – Delegates agreed on a bicameral Congress, one segment with

equal representation for States, and the other with representation proportionate to the States’ populations.

• The Three-Fifths Compromise– The Framers decided to count a slave as three-fifths of a person

when determining the population of a State.

• The Commerce and Slave Trade Compromise– Congress was forbidden from taxing exported goods, and was not

allowed to act on the slave trade for 20 years.


The Connecticut Compromise was so pivotal to the writing of the Constitution that it has often been called the “Great Compromise”.

“The Great Compromise” meant equal representation for the states in the upper house, and representation based on population in the lower house

Influences on and Reactions tothe New Constitution

Influences• The Framers were familiar with

the political writings of their time, such as works by Jean Jacques Rousseau and John Locke.

• They also were seasoned, variously, by the Second Continental Congress, the Articles of Confederation and experiences with their own State governments.


Reactions• When the Constitution was complete,

the Framers’ opinions of their work

varied. Some were disappointed, like

George Mason of Virginia, who

opposed the Constitution until his death

in 1792.

• Most agreed with Ben Franklin’s

thoughts when he said,

“From such an assembly [of fallible

men] can a perfect production be

expected? It…astonishes me, Sir, to

find this system approaching so near to

perfection as it does…”

1. The first national government for the United States was– (a) the First Continental Congress.

– (b) the Second Continental Congress.

– (c) the Articles of Confederation.

– (d) the Constitution of the United States.

2. The Constitutional Convention in Philadelphia involved delegates from each of the following states except– (a) Maryland.

– (b) Rhode Island.

– (c) New York.

– (d) Virginia.



• Who were the Federalists and the Anti-Federalists?

• How long did the ratification of the Constitution take?

• What happened after its ratification?

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The Constitution was very controversial at first, with some groups supporting it, and others attacking it.


• Federalists thought that the

Articles of Confederation

were weak, and argued for

the ratification of the

Constitution.

• Anti-Federalists objected

to the Constitution for

many reasons, including

the strong central

government and the lack

of a bill of rights.

• Nine States ratified the Constitution by June 21, 1788, but the new government needed the ratification of the large States of New York and Virginia.

• Great debates were held in both States, with Virginia ratifying the Constitution June 25, 1788.

• New York’s ratification was hard fought. Supporters of the Constitution published a series of essays known as The Federalist (also known as the Federalist Papers). NOTE: the authors did not use their given names instead using the pen name Publius.

The Constitution is Ratified


After the Constitution was written and signed, it waspresented to the states for adoption. Some stateswithheld approval until they were promiseda Bill of Rights would be added, after adoption.

Virginia’s ratification came only after a long struggle. In what other States was ratification won by only a narrow margin?

Answers: New Hampshire,New York, and RhodeIsland.


• The new Congress met for the first time on March 4, 1789.

• Congress finally attained a quorum (majority) on April 6 and counted the electoral votes. Congress found that George Washington had been unanimously elected President. He was inaugurated on April 30.

New New National National SymbolsSymbols

1. The debate over the ratification of the Constitution was won by the– (a) Anti-Federalists.– (b) Whigs.– (c) Federalists.– (d) Tories.

2. The temporary capital of the United States where Congress met in 1789 was– (a) Washington, D.C.– (b) Philadelphia.– (c) New York.– (d) Mount Vernon.


Chapter Two: Origins of American Government

Documents

english bill of rights

rights colonists

individual rights

english colonists

english citizens

french declaration of

systems of government

important english documents