ORIGINS OF AMERICAN GOVERNMENT Unit I, Section 2
Our Political Beginnings
The Beginning North American Exploration Begins in mid16th century European explorers, traders, & settlers French, Dutch, Spanish, Swedes, & the English English settlers most numerous Native American domination begins to fade
Basic Concepts of Government English settlers brought 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
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 and 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
Legislative Bodies Bicameral Two chambers/legislative houses Adopted from English Parliamentary system House of Lords & House of Commons American standard federally and with 49 states
Landmark Documents and 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 acts by the Crown
Magna Carta 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 Established that a monarch s 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
Petition of Rights 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 now subject to the laws
The English Bill of Rights 1688 saw the end of conflicts in England William & Mary of Orange monarchs Called the Glorious Revolution Parliament drew up the Bill of Rights Officially accepted in 1689
The English Bill of Rights Inclusions Prohibition of a standing army during times of peace 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 established 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
Britain s Colonial Policies Development of a Federal system London provided defense and dealt with foreign affairs Colonies allowed self rule, hardly taxed, and ignored trade regulations
King George III Began his reign in 1760 More firm dealings with colonists 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?
Colonial Response The Stamp Act Crown s tax and trade policies angered the Colonies Stamp Act-1765 Tax on legal documents, business agreements, & newspapers No taxation without representation - rallying cry
Colonial Response Stamp Act Congress Meets in October 1765 Colonies except for 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 3 English ships in Boston Harbor Dumped cargo overboard
Tensions Committees of Correspondence Grew from the idea of Samuel Adams in Boston Spread across colonies Exchange of information among patriots
The Congresses
First Continental Congress Response to the Intolerable Acts passed in 1774 as punishment for Boston Tea Party Met September 5, 1774 in Philadelphia Georgia did not attend Prepared & sent Declaration of Rights to King Called for end of trade with England till acts repealed Adjourned in October with plans to meet in May 1775 Support grew over the months
The Second Continental Congress 1774-1775 - British stand by colonial policies Reaction to the Declaration of Rights Stricter and more repressive measures Second Continental Congress Met in Philadelphia - May 10, 1775 The Revolution had already begun Shot heard round the world Battle at Lexington and Concord on April 19
Second Continental Representatives All 13 colonies participated Ben Franklin, John Adams, & John Hancock Hancock picked as Congress s president Accomplishments Continental Army Created George Washington - Commander-in-Chief Thomas Jefferson replaces Washington on Virginia s delegation
Our First National Government Second Continental Congress 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
Our First National Government 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 Adams, Franklin, & Jefferson Work on Declaration of Independence July 2, 1776, Delegates agreed to Lee s resolution
The Declaration of Independence July 4, 1776 Declaration of Independence proclaimed 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 November 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 each 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
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 of 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
At War s End 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-Daniel Shays of Massachusetts leads an armed uprising Officer during Revolution Uprising closed state courts Lead unsuccessful assault on Springfield arsenal Fled to Vermont Massachusetts 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
A Need for a Strong Government September 1786 5 of the 13 States meet in Annapolis Called for second meeting in May 1787 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 Thomas Jefferson Attributes Well educated Revolutionary war veterans Members of Continental Congress & Articles of Confederation Congress 7 State governors 2 Future Presidents, 1 future Vice President 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 Adopted 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 Legislative, Executive, & Judicial Bicameral Legislature Representation based on population or monetary funds House members- Lower house, popularly elected Senate members- Upper house, chosen by House members off list of State appointees Articles of Confederation 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
Compromises 3/5 Compromise Debate - Should slaves be counted in a state s population? Southern states wanted slaves counted - boost representation in House Northern states highly opposed Agreement Free people counted as a whole person Slaves considered 3/5 of a person Southerners would also have to pay for their slaves
Compromises 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
The End 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 Articles of Confederation 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 economically & 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 Opposed 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 of failure without their support
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 Alexander Hamilton, James Madison, & John 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 Vice President April 30, Washington takes the Oath of Office