Origins of American Government Our Political Beginnings The

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Origins of American Government

• Our Political Beginnings
• The Coming Independence
• Chapter 2

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Basic Concepts of Government

• Our first settlers brought with them the customs
  and laws from England
• The first settlers organized their towns based on
  those common laws using a sheriff, coroner,
  justice of the peace, and grand juries.

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Basic Concepts of Government

• Babylonia Hammurabis Code
• Greece direct democracy
• Rome 12 Tables which spread throughout their
  Empire in Europe
• English Law
• Native American Law

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Basic Concepts of Government

• Land was divided into counties and townships.
• They brought the idea of limited government
• Because they were far from the king, they
  began a representative government
  in Jamestown

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Basic Concepts of Government

• The new government was based on English law and
  tradition from the Magna Carta, Petition of
  Rights and the English Bill of Rights
• Wealthy men still ruled these local governments

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Limited Government

• Absolute monarchies lost some of their power in
  England beginning in 1215. (Magna Carta)
• The idea of limiting the power of government was
  brought with the early colonists.

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Magna Carta

• In 1215, English nobles forced King John to sign
  the Magna Carta, making the king share power with
  them
• It included a trial by jury and due process
  before taking life, liberty or property.

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Petition of Right

• Almost 400 years later, in 1628, Charles I signed
  the Petition of Right which gave rights to common
  people.
• This document further eroded the power of the
  absolute monarchy
• It challenged the idea of divine right saying the
  king had to obey the law.

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English Bill of Rights

• After the Glorious Revolution in 1688, William
  and Mary agreed to the English Bill of Rights
• This required the elected Parliament to share the
  power of government

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English Bill of Rights

• It gave the right to a fair trial, freedom from
  excessive bail and cruel and unusual punishment
  and prohibited a standing army unless authorized
  by Parliament.
• The absolute monarchy was dead in England

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Representative Government

• Colonists also brought with them the idea of
  electing representatives to serve for them in
  government.

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Jamestown

• The first permanent English colony was started as
  a joint-stock company, the Virginia Company.
• The first inhabitants
  were employees

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Jamestown

• Far from the King (3 months by ship), local
  decisions were made by management leading to
  self-rule.

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Massachusetts

• The Pilgrims settled in New England to escape
  religious persecution
• The Puritans believed all other faiths were
  damned to hell.

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Georgia

• To relieve overcrowding in debtors prisons,
  Britain sent victims of the Poor Laws to Georgia
• It was set up as a military colony to buffer
  Spanish Florida from the Carolinas

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Royal Colonies

• Of the 13 colonies, 8 were under direct control
  of the Crown NH, MA, NY, NJ, VA, NC, SC, GA
• The king named a governor but
  the lower house was elected by
  the people

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Proprietary Colonies

• Three were proprietary colonies PA, MD, DE
• Lord Baltimore Delaware
• William Penn PA and MD
• Major decisions were made by the king while day
  to day business was controlled by elected
  representatives

Penn
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Charter Colonies

• Connecticut and Rhode Island were charter
  colonies and largely self-governing
• They had a bi-cameral, two houses, legislature

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The Coming of Independence
Chapter 2 Section 2
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Britains Policies

• The 13 colonies were separately controlled
  through the king, by means of the Privy Council
  or Board of Trade
• Except for trade, the colonies were left to
  govern themselves under the watchful eye of the
  Crown

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Britains Policies

• The Crown hired royal governors to oversee
  policy, but colonial taxes paid his salary.
• Usually the governor went with the wishes of the
  town

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Britains Policies

• The Crown provided for a national currency and
  made foreign policy for the colonies.
• Parliament made few regulations regarding trade
  and taxes were low

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Colonial Unity

• For the first years, there was no unity among the
  colonies.
• Trade, transportation, communication, etc all
  went between Britain.
• The first attempts at unity, the New England
  Confederation and one devised by William Penn,
  were unsuccessful.

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Albany Plan of Union

• Ben Franklin wanted each colony to send delegates
  to an annual meeting
• They would have the power to raise a military,
  regulate inter-colonial trade, and dealings with
  the Indians
• It was rejected

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Albany Plan of Union
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Stamp Act 1765

• Parliament passed
  a new tax law for
  the colonists
• It required that a tax be paid on almost all
  paper goods newspapers, legal documents, etc
• A stamp proved the tax was paid

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Stamp Act 1765

• The colonists petitioned the king, boycotted
  British goods and hung effigies of tax collectors
• Parliament repealed the tax.

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More Taxes, More Protests

• Colonial boycotts continued when Britain imposed
  other taxes
• Their claim, No taxation without representation.

Tar and feathering
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More Taxes, More Protests

• On Dec. 16, 1773, patriots threw chests of tea
  into Boston Harbor
• King George III imposed the Intolerable Acts
• It was time for the
  colonies to join
  forces.

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First Continental Congress

• Delegates from 12 colonies, (not GA) met in
  Philadelphia
• They discussed the worsening situation with
  Britain and looked for a way to solve the
  conflict.
• They planned to meet the following summer.

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More Taxes, More Protests

• In April 1775, British soldiers headed for a
  colonial munitions stockpile west of Boston
• The shot heard round the world was fired and
  the American Revolution had begun

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Second Continental Congress

• By the meeting of this Congress, we were at war
  with Britain.
• All 13 colonies sent delegates, which devised
  Americas first government.

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Second Continental Congress

• John Hancock was its president
• George Washington was appointed Commander in
  Chief
• They raised an army, borrowed funds, dealt with
  foreign nations, and created a money system

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Declaration of Independence

• A committee of 5 was charged with writing a
  document explaining our grievances against King
  George III
• Thomas Jefferson wrote the document
  which was approved on July 4, 1776

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Declaration of Independence

• The Declaration of Independence lists the
  numerous acts that King George III did to America
  without any representative from the colonies in
  Parliament.

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United States of America

• After 5 years of fighting, America was
  independent
• States began writing their own state
  constitutions, each featuring popular
  sovereignty, something the patriots had fought
  for.

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United States of America

• The state constitutions had many similarities
• Governors had little power
• Most authority was given to the legislature
• Elected offices had short terms
• Landed men had the right to vote

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United States of America

• It was easy to see that America would not easily
  forget the reasons they fought for their freedom.

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Origins of Our American Government

• The Critical Period
• Chapter 2
• Section 3

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Vocabulary

• Articles of Confederation first plan for
  Americas government following the Revolutionary
  War
• Ratification approval
• Presiding officer person leading a meeting

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Articles of Confederation

• The first state and federal governments of
  America were reminders of what colonists had
  lived through under King George II
• They based these documents more on what they did
  not want

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Articles of Confederation

• The Articles of Confederation is a government
  which gave states exactly what they wanted
• Strong states rights
• Weak central government
• Unanimous decisions to change the Articles

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Articles of Confederation

• The Articles of Confederation was ratified by all
  13 states by 1781
• The presiding officer had no decision making
  power
• Congress could declare war but not raise troops
• Congress could spend money but not raise revenue

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Articles of Confederation

• The states promised to send money and troops to
  the federal government when it was needed
• Nothing could force them to do it when the time
  came, however
• The govt had power but no authority

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Articles of Confederation

• Congress borrowed heavily to pay for the war and
  those debts had not been repaid
• Not a single state came close to repaying their
  share of the debt and Congress could not mandate
  it

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Articles of Confederation

• Because 9 of the 13 states had to ratify any
  amendments, it was impossible to get them to
  agree so no amendments were done
• States bickered among themselves and many acted
  like an independent country when dealing with
  foreign countries

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Critical Period, 1780s

• We are one nation today and 13 tomorrow, Who
  will treat us on such terms? G. Washington
• States taxed one anothers goods and banned
  trade.
• Debts went unpaid
• Violence broke out

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Shays Rebellion

• Daniel Shays led farmers in western Massachusetts
  in violent protests
  against losing their farms
• There was no army to stop them

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Shays Rebellion

• The farmers rampaged through Massachusetts but no
  one was able to stop them without an army or
  trained military.

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Shays Rebellion

• Americans realized that they needed a stronger
  federal government
• States agreed to meet to discuss a plan to settle
  the problems

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Constitutional Convention

• Delegates met in Philadelphia in the summer of
  1787.

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Origins of our American Government

• Creating the Constitution

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Constitutional Convention

• The summer of 1787 was hot
• To keep out the noise and flies, and to protect
  their secrets, the windows were shut.
• Men wore wool suits

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The Framers

• The men who came to Philadelphia had a great deal
  of experiences and education among them
• Most were lawyers and current legislators for
  their state
• Some wrote their own state constitutions

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The Framers

• Some signed the Declaration of Independence
• The average age was 42, with almost half in their
  30s
• Ben Franklin was the oldest at 81

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The Framers

• Sam Adams, Thomas Jefferson, Richard Henry Lee,
  John Hancock and Thomas Paine were not present
• George Washington was elected president of the
  Convention

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The Work

• The delegates had decided to keep the proceedings
  secret until they were finished.
• Several delegates, especially James Madison, kept
  copious notes
• They met most days from May to September 1878

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The Work

• Upon arriving, most delegates expected to fine
  tune the Articles.
• Within days, they majority knew they were writing
  a totally new document.
• Some delegates were prepared for this turn of
  events

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The Virginia Plan

• Virginia was the largest, most populated and most
  influential of all the colonies.
• Their plan favored large, populated states,
  wanting a legislative body whose membership was
  decided on by total population

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The Virginia Plan

• Their plan also called for 3 branches of
  government executive, legislative and judicial
• The lower house, based on population, would
  select members of the upper house
• Federal laws supersede state laws

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The Virginia Plan

• Congress has the authority to admit new states
• Congress would choose a National Executive
• The small states thought these ideas were too
  radical

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The New Jersey Plan

• William Patterson of NJ presented the plan for
  the smaller states
• The plan called for equal state representation
  regardless of size
• Congress would be limited in their ability to tax
  and regulate trade

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The New Jersey Plan

• A panel would make up the federal executive
  office
• A supreme tribunal would oversee the judicial
  system.

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The Connecticut Compromise

• The large states expected to dominate the new
  government
• The Connecticut Compromise joined the Virginia
  Plan and the New Jersey Plan into the
  Constitution we have today.

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The Connecticut or Great Compromise

• Two House Legislature
• Upper House, the Senate, would have 2 members
  from each state
• Lower House, House of Representatives, members
  would be based on population

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Three-Fifths Compromise

• Northern states had few or no slaves and did not
  want them counted for southern population
• The 3/5 Compromise allowed states to count only
  3/5 of their slaves as noted in the 1790 US
  Census

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Three-Fifths Compromise

• Notice that slaves made up 43 of the population
  in some southern states.
• Massachusetts had outlawed slavery
• Not surprisingly, the arguments over the
  compromise were loud and long

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Commerce Compromise

• The South was fearful that the new government
  would try to pay for itself using export taxes.
• They didnt want tobacco, a major export, taxed
• The Compromise stated that no State export would
  be taxed.

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Slave Trade Compromise

• The South also feared that the new government
  would try to regulate the slave trade
• In the late 1700s, slavery was dying out
• For this reason the North agreed to allow slavery
  for 20 years, until 1808.

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Bundle of Compromises

• The Constitution is a bundle of compromises
• From 13 states with different geography,
  products, ethnic groups, religions, social
  classes, populations, climates, etc, they agreed
  to the document

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Bundle of Compromises

• They agreed that the new government had to have
  the power to deal with big social and economic
  problems
• They agreed to a separation of powers and checks
  and balances

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Bundle of Compromises

• The heated debates occurred over how the
  president would be elected, the structure of
  Congress, and the limits of power that should be
  given to the new government.

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Separation of Powers

• The 3 branches of government, executive,
  legislative and judicial, have duties and
  responsibilities given to it in the Constitution
  that is their job that no other branch can do.
• Example - Only Congress can declare war, only the
  President can move troops.

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Checks and Balances

• Because each branch has its own duties, the
  Constitution set up this system to make sure no
  branch assumes too much power.
• Example - The president nominates a Supreme Court
  judge but the Senate must agree.

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Sources of the Constitution

• The framers of the Constitution used early
  writings from Greece and Rome, and books written
  by European philosophers of the 1700s.
• They also used their experiences with colonial
  governments and the Articles of Confederation.

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Sources of the Constitution

• Locke Two Treatises of Government
• Rousseau Social Contract
• Blackstone Commentaries on the Laws of England
• Montesquieu Spirit of Laws

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The Constitution is Complete

• On Sept 17, 1787 the delegates approved and
  signed their work
• James Madison gets credit for writing the document

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Origins of our American Government

• Ratifying the Constitution
• Chapter 2 Section 5

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Ratification

• Two groups emerged
• Federalists, who supported a strong, central
  government, approved it
• Anti-federalists, who supported states rights,
  did not.

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Federalists Anti-Federalists

• George Washington
• James Madison
• John Adams
• Alexander Hamilton

• Patrick Henry
• John Hancock
• Samuel Adams
• Thomas Jefferson

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Concerns

• 1. Increased powers of the federal government
  (which means less states rights and local
  control)
• 2. Lack of a Bill of Rights

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Concerns

• Nine states ratified the Constitution, but two of
  the large states, VA and NY, did not
• Without their support, the Constitution would be
  doomed.

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Federalist Papers

• Essays, for and against ratification, were
  printed in newspapers
• Once gathered, all 85 essays comprised the
  Federalist Papers
• After including a Bill of Rights, all states
  ratified the Constitution.

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Ratification

• They decided that the States would choose
  electors to vote for a president who would assume
  power in March 1789.
• Even today, electors, not individuals, elect our
  president.

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President George Washington

• Washington was elected president
  unanimously
• John Adams was selected
  as his VP
• Inaugurations were held the first Wednesday of
  March
• The President moved to the new US capital in New
  York City

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Is Flag-Burning Free Speech?

• US v. Eichman the Supreme Court struck down a
  TX state law that forbade destruction of the US
  flag. Eichman burned flags on the Capital steps
  to protest legislation against burning a flag.