Origins of the American Government

Origins of the American Government

Basic Concepts of Government

Early settlers from England came over with some concepts of what it means to have freedoms and rights.

They had an ordered government: broken down into offices to maintain order (sheriff, coroner, assessor, justice, counties, townships, grand jury, etc.)

They had a limited government: the government is restricted it what it can and cannot do.

They also had a representative government: government should serve the will of the people and consist of members of the community.

“The Great Charter”. On June 15, 1215, English

nobles force King John to sign this to protest unfair taxing.

It guarantees basic political rights, applied to every citizen, no taxation without representation, trial by jury, and habeas corpus.

Will help create parliament.King is not above the law.These laws are the foundation

for British and American laws.

The Magna Carta

Why the Magna Carta Matters

No taxation without representation

Trial by jury

Habeus corpus (no unlawful imprisonment…need a warrant)

Limits the power of the king

Gave rights to all English citizens

Petition of the Right

After the Magna Carta, the power of Parliament grew.

King Charles I wanted to raise more taxes. Parliament refused until he passed this law.

This law made it illegal for the king to imprison anyone without a fair trial of someone’s peers.

King is forbidden to declare martial law in a time of peace or shelter troops in someone’s home without consent.

Challenged idea of the Divine Right of Kings.

English Bill of Rights

• Britain becomes a Constitutional Monarchy.

• English Bill of Rights becomes law in 1689

• Grants Freedom of speech in Parliament, no penalty to petition king, no taxes without Parliament’s consent, and no suspension of Parliament’s laws.

• Guaranteed rights to fair trial, no cruel and unusual punishment, no excessive bail, and free elections for parliament.

The Enlightenment

A philosophical movement during the 1700s.

They wanted to apply the scientific method to reason and thought and try to understand all aspects of life.

They were interested in reason, natural law, hope, progress, and individual rights.

The Enlightenment would sow the seeds of the American and French Revolutions.

It is a Renaissance of the mind.

Enlightenment All-Stars

John Locke Voltaire Montesquieu Rousseau Adam Smith

Laissez-faire.

Capitalism

Natural Rights of life, liberty, and property

Government’s job is to protect rights of people.

Freedom of speech, and freedom of press.

Freedom of religion.

Advocate of tolerance

Separation of powers within the government.

No one part of government should have too much power.

“Man is born free, and everywhere he is in chains.”

The only good government one that was guided by the “general will” of the people.

Question Time

1. How was the Magna Carta such a revolutionary document?

2. What made England different than most other countries when it came to governing the people?

3. How do the English Bill of Rights relate to what happened later during the Enlightenment?

England’s Motives

Based on John Cabot’s claims to North American coast.

With the defeat of the Spanish Armada, England has world’s largest navy.

They need ports to raid Spanish treasure ships.

Desire many of the Caribbean sugar islands.Are the last major power to enter America.Want markets in which to sell goods and

receive raw materials from.

Colonial America

Different colonies were set up in different ways.Some colonies were royal colonies. They were ran

under the direct control of the king. These included MA, NH, NY, NJ, VA, NC, SC, and

GA.Royal colonies had bicameral (two-house)

legislatures. The House of Burgesses in Williamsburg, VA was the first such body.

Governors were appointed by the king. Laws had to be approved by both the governor

and king.

Colonial America

Another type of colony was a proprietary colony.

A king gave a land grant to a proprietor (owner).

The proprietor could operate the colony as he saw fit.

These colonies included PA, MD, and DE.These also had legislatures that would pass

laws.All laws had to be approved by the governor

and king.

Colonial America

The final colony type was a charter colony. Charters were granted to the colonists by

either a business or the crown. Virginia’s charter was taken away early on.CT and RI were charter colonies.Laws did not have to have the approval of the

king in order to be passed.These two colonies had more freedoms than

any other colony.

House of Burgesses

It is the first representative body in American history.

Two Citizens from Virginia’s 11 districts met to discuss issues.

It opened in 1619 in Williamsburg.The body would pass taxes and make laws

that the governor of Virginia would pass or veto.

Only white landowning men could serve in the House.

First bit of democracy in American history.

Mayflower Compact Made because the Pilgrims knew they were not in

Virginia. It frees the indentured servants from servitude and

provided a basis for democracy.

In the name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, etc.

Having undertaken, for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together into a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.

Early Colonial Unity

Massachusetts Bay, Plymouth, New Haven, and Connecticut settlements join the New England Confederation in 1643 as a defense against Indians during the Pequot War. Dissolved in 1684 after all Indian threats vanish.

Britain created the Dominion of New England in 1686 lumping Massachusetts Bay, Plymouth, Rhode Island, Connecticut, New York, New Hampshire, and East and West New Jersey. Created to enforce the Navigation Acts and defend against France. Ended in 1689.

In 1754, Ben Franklin pushes the Albany Plan of Union. Each colony would be represented by a delegate. This body would raise taxes and defend the colonies from attack by Indians or others. Rejected by colonies and the crown.

Question Time

4. How do things like House of Burgesses and Mayflower Compact reflect the rights of English people?

5. Why did the colonies have to create their own ways of governing themselves?

Colonial Economies

Joint-Stock Company: A company in which people would pool money together to help run a business. It’s kind of like modern-day corporations. Most of the joint-stock companies helped to run and create England’s colonies.

Mercantilism: A trading practice popular with the European colonial powers. It forbade colonies from trading with other nations. The parent nation would be the only one that could trade with the colonies. It gave the colonies a market for their goods and the parent country a lot of resources in which to get rich off of.

Navigation Acts

A great example of English mercantilism.Passed in 1651 by Parliament.No foreign nation could trade with the colonies

unless an English or colonial ship carried the goods.

All vessels trading with America had to have ¾ of all crew be American or English.

Colonies could export rice, tobacco, sugar, molasses, and furs to England only.

Almost all of the traded items shipped from America to Europe had to stop in England first and taxes had to be collected on them.

England’s Governance

After the Glorious Revolution, England takes a remarkable light role in the colonies.

Salutary Neglect: England relaxed rules and governance on the colonies in return for total economic loyalty from the colonies.

As a result, Parliament did not supervise the colonies as much.

Royal governors “babysat” the colonies while the colonial legislatures and assemblies passed laws.

Life in New England

The colonies of MA, NH, RI, and CT.Very Anglo-Saxon Protestant.Much of the economy is based on farming or sea

industries (fishing, sailing, merchants, ship building etc.)

Lots of ports like Boston, Providence, Portsmouth RI and NH.

Cold winters and rock soil made it hard to farm, but the settlers did their best with what they had.

The Catholic king James II tried to turn Puritan New England into a Dominion (to be ruled by an appointee of the king).

However, the Glorious Revolution in England put an end to this.

Life in the Middle Colonies

The colonies of NY, NJ, PA, and DE.Many Dutch, Scottish, and German

settlements.New York and Philadelphia were the

largest cities in America and were the most prosperous.

The economy was based on farming as well as trans-Atlantic trade and various light industrial jobs.

Wide range of religious beliefs in the Middle Colonies.

Life in the South

Included the colonies of MD, VA, NC, SC, and GA.

Mostly English and Scotch-Irish.Most people are Episcopalian.Only four major ports: Savannah, Baltimore,

Norfolk, and (the largest) Charleston.The economy is based on agricultural. Much

of this economy is based on the work of the slaves.

The Great Awakening

A time period of religious expression and revivals in America in the 1740’s and 1750s.

“Fire and brimstone” sermons.Preachers like Jonathan Edwards and George

Whitefield traveled the colonies spreading the word of God.

The Baptist and Methodist Churches first started during this time.

Many colleges, like Brown, Dartmouth, Princeton, and Columbia were established to train ministers.

First major, unified movement that you see in all of the colonies.

Question Time

6. Which area of the colonies would you have preferred to live in and why?

7. Do you agree with England’s policy of salutary neglect? Why or why not?

8. Do you think the Navigation Acts were fair? Why or why not?

French and Indian War

From 1754-1763, Britain and France fight over the Ohio Frontier and Canada.

Britain won and took control of Canada.Caused a lot of debt in England. Wars cost a lot of

money.What to do with the Indians? They are nervous with

the French out of the way.—Pontiac’s Rebellion.What to do with Canada? Many of the French

settlers do not like the new English leaders.Colonies seem to have too many freedoms.

Parliament wanted to take some of these freedoms back.

Causes of the Revolution

Stubbornness of the Colonies to bend to English demands.

Stubbornness of the English to listen to American protests.

Higher taxes.England taking a stronger hand in

governing the colonies.An American identity over an English one.A series of unfortunate events.

British Laws and Taxes After the War

Proclamation of 1763.Stamp Act of 1765.Declaratory Act of 1766.Townsend Acts of 1767.Rise of the Sons of Liberty.Boston Massacre and Tea

Party.Intolerable Acts of 1774.Quebec Act of 1774.

The Continental Congresses

First called in Philadelphia in 1774 to discuss the Intolerable Acts and incidents in Boston.

First Continental Congress called for boycotts, protested actions to the king, and agreed to meet the following year.

The Second Continental Congress met after shots fired at Lexington and Concord and would run the nation throughout the Revolution.

Each colony sent representatives to meet in Philadelphia.

In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. –John Adams

The Second Continental Congress

Managed the Revolution from Philadelphia and passed the Declaration of Independence.

In effect, it was our first national government, even though there was no constitution that give it any powers.

Ceased to exist in 1781 after the Articles of Confederation were passed.

The Congress signed treaties, raised an army and navy, bought supplies, borrowed money, and minted coins.

Had a unicameral legislature that had both legislative and executive powers.

Question Time

9. Which cause of the Revolution do you think was most important? Why?

10. Do you think that there was anyway that the colonies and Britain could have solved their differences? Why or why not?

11. Why couldn’t Britain and the colonies agree on a solution?

American Revolution Begins

Fighting breaks out in Lexington and Concord on April 18, 1775 as the British look for American weapon stashes.

Colonists quickly surround Boston.George Washington is named to command the

Continental Army and ends up driving the British out of Boston in spring 1776 without a shot fired.

Thomas Paine and Common Sense.In the summer of 1776, the British capture

New York City.

Declaration of Independence

After a year of fighting and waiting, the Congress decided to debate independence when Richard Henry Lee of Virginia made the motion.

A committee of John Adams, Ben Franklin, Roger Sherman, Robert Livingston, and Thomas Jefferson were asked to come up with a written document.

On July 2, 1776, Congress approved the motion.Resolved, That these United Colonies are, and of right ought to be, free

and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved. –Richard Henry Lee

Declaration of IndependenceWhen in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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, laying 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. …

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The State Constitutions

As the colonies declared themselves independent, they realized that the old colonial charters no longer applied. They needed to have a set of laws for themselves to govern by.

Each “state” called conventions to create a constitution for itself.

Massachusetts wrote the first state constitution in 1780.

The state constitutions feature popular sovereignty, limited governments, civil liberties, and separation of powers.

End of the War

After years of fighting, George Washington’s army cornered the British at Yorktown in 1781.

With the surrender of the British at Yorktown, Washington marched his army and surrounded New York, the last British stronghold in America.

After two years of negotiating, the British agreed to let the former colonies go free.

With the war over, the states could look to start over as a newly independent country.

Question Time

12. In what ways does the Declaration of Independence show its roots in the Enlightenment?

13. What is the importance of each state creating its own constitution?

Articles of Confederation

Signed in 1781 by the Continental Congress.

It was an early attempt at cooperation amongst the states.

The capital for the country was in Philadelphia.

The Articles loosely bound the states together under Congress’s direction.

Articles of Confederation

Under the Articles, the states are semi-independent.

Congress had the power to declare war and sign treaties.

There was no national standing army and no states could have one.

It would provide the framework for the American government from 1781-1788.

Northwest Ordinance

Passed in 1787 and was one of the final acts passed by the Congress of the Confederation.

It allowed for the creation of territories in the Ohio Valley and provided a way to give these lands future admission as states.

It also outlawed slavery north of the Ohio River.

Problems with Confederation

The Articles lacked the necessary provisions for a sufficiently effective government.

The Congress could not tax the states for funds.

Congress had to request funds from the states.

Another criticism of the Articles was that they did not strike the right balance between large and small states to its one-state, one-vote process.

The larger states were expected to contribute more but had only one vote.

States could veto Congressional acts, therefore the states had more power than Congress did.

Economic Issues

Congress had no money and could not tax the states.

Each state could print its own money.Some states had traveling fines for

exiting/entering a state.Lots of people and Congress had debts

stemming from the Revolution.Creditors could take the land of citizens and

sell it at auction.Shay’s Rebellion.

Foreign Policy Issues

Despite turning over the Ohio Valley to the US, Britain still held forts out West and refused to evacuate.

Indians were a threat on the frontier lands.Britain wanted us to compensate loyalists

for their land that was taken.Spain closed the Mississippi River to trade

and travel to America.Several European nations wanted their

money back.

Question Time

14. Name two factors that made the Articles of Confederation a mess.

15. Why did they have to get rid of the Articles of Confederation.

A Shift for a Republic?

A republic is a representative democracy where citizens elect people to make decisions for them.

As the years after the Revolution went on, many agreed that the Articles of Confederation weren’t working.

Some wanted to give more power to a central authority.

Because of this, state representatives once again heard the call of their nation and travelled to Philadelphia in May 1787.

All but RI attended.

The Constitutional Convention Starts

George Washington was named the president of the convention.

Originally, it was designed to make changes the Articles.

However, the delegates realized that they needed to come up with something completely different.

What America needed was a stronger central government.

However, many people feared that a stronger central government would take away rights.

Only 39 of the 55 delegates would sign it.Adams, Jefferson, and Henry not present.Most of it written by James Madison.Met in secrecy.Edmund Randolph of VA proposed to

build a government with separate branches.

I smell a rat in Philadelphia, tending toward the monarchy –Patrick Henry

The Virginia Plan

Also referred to the Large State PlanIn the Virginia Plan, the National Congress

would be organized by population.Every state would be represented by one

person for every “x-amount” of people.The larger states of NY, MA, PA, and VA (the

largest) strongly supported this plan.

The New Jersey Plan

Also referred to the Small State PlanIn the New Jersey Plan, the National

Congress would keep the one state, one vote policy.

Every state would be represented by an equal amount of people and have one vote.

Very similar to the Articles of Confederation plan.

The smaller states of NJ, DE, and RI strongly supported this plan.

The Great CompromiseAlso called the Connecticut Compromise

because its author, Roger Sherman, was from CT.

Under this plan, the National Congress would have two bodies: A Senate that would be based on equality with two votes per state and a House of Representatives that would be based on population.

It allowed both state’s rights and national rights people to be happy.

This would create the Congress we have today.

Question Time

16. What was the biggest argument at the Constitutional Convention about?

17. Do you think that the Great Compromise was the best they could do? Why or why not?

The 3/5 Compromise

A compromise between the Southern states and the Northern states.

Southerners wanted to count slaves as part of the population for more representation.

Northerners didn’t like this because slaves were property and not citizens.

A compromise was reached where only 3 of every 5 slaves would be counted for the census.

Also banned international slave trade in 20 years (1807).

Ratifying the Constitution

It was hard to get everyone to like the Constitution.

Many feared a strong central government would take away state and personal rights. (Antifederalists)

Others saw that the Constitution would bring America together and make it strong (Federalists).

For support, John Jay, James Madison, and Alexander Hamilton wrote The Federalist Papers.

The leading Antifederalists were Samuel Adams, Richard Henry Lee, and Patrick Henry.

Some demand a Bill of Rights

Federalists Antifederalists

Need a strong government.

Help to keep “street cred” with European nations.

Need to build strong economy.

More effective.

States should have more freedoms.

Strong government could take away freedoms.

Articles are working fine.

Standing army is scary.Central government can

tax us into oblivion.

Ratifying the Constitution

Ratifying the Constitution

To become part of the new republic, each state had to ratify the Constitution.

Delaware was the first state.PA, NJ, GA, CT, MA, MD, SC, and NH all

made it official. (needed 9 to pass)VA, NY and NC all ratified it. RI didn’t ratify

it until 1790 and VT became a state in 1791.VA only ratified it when Jefferson agreed to

it and NY was influenced by the Federalist Papers.

The new government officially took over in 1789.

Washington is named the first president in 1789,

North Carolina and Ratification

Divided between Federalists and Antifederalists.

Did not ratify it in 1788. Northeastern NC, a wealthy part of the

state threatened to secede.Ratified in 1789 in Fayetteville, thanks in

part to William Davie and James Iredell. Ratified it with the promise of a Bill of

Rights.

Question Time

18. What fears did people have about having a strong, central government?

19. What did most states require in order to ratify the Constitution?

20. What was at the heart of the 3/5 Compromise?