CHAPTER 2 ORIGINS OF AMERICAN - Long Beach … 2 origins of american government section 1: our ......

CHAPTER 2 ORIGINS OF AMERICAN

GOVERNMENTSECTION 1:

OUR POLITICAL BEGINNINGS

OUR POLITICAL BEGINNINGS

❖ Basic Concepts of Government➢ Early settlers brought ideas of government or

political systems with them.■ Most ideas came from England

● Rule of Law (Africa and Asia)● Law, Religion, and Customs (Ancient Rome)

◆ Brought the 3 major ideas of government➢ Ordered Government➢ Limited Government➢ Representative Government

Ordered Government Limited Government Representative Government

Understood a need for orderly regulation of relationships between colonies.

Created local governments based on what they knew in England.

Sheriff --- Coroner

Assessor --

Justice of the Peace --

Grand Jury -- Counties

Townships

Understood the government is not all-powerful. (government must be restricted).

Individuals have rights that government cannot take away.

Deeply rooted in English beliefs.

Around for 400 years before Jamestown settled in 1607.

Government should serve the will of the people.

People should have a voice in governmental decisions.

Origination of -“of the people, for the people. and by the people.”

OUR POLITICAL BEGINNINGS (cont.)

❖ Landmark English Documents➢ Magna Carta

■ Designed to protect against heavy-handed and arbitrary acts by the king.

■ Established such rights as:● Trial by Jury● Due process of the law● Private Property (life, liberty, property)

◆ Originally only done for privileged classes


❖ The Petition of Right■ Limited the king’s power

● unable to imprison without judgement by peers● or by law of the land● unable to impose martial law (peacetime)

◆ could not order people to house king’s troops

◆ “no man should be compelled to make or yield any

gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament.”

■ Challenged the divine right of kings


❖ The Bill of Rights■ Based on the English Bill of Rights

● Developed in 1689 by Parliament◆ King William and Mary of Orange forced to sign

◆ No standing army in peacetime (Parliament consent)

◆ Parliamentary elections be free

◆ suspending laws, execution of laws without consent (illegal)

◆ levying money for crown without consent (illegal)◆ right of subjects to petition king

➢ prosecutions because of petition (illegal)


❖ The English Colonies➢ 13 schools of government

■ established separately over 125 years● areas began developing communities● based on area circumstances

■ colonies established on basis of a charter■ Charter - a written grant of authority from the king.

● 3 types of colonies◆ Royal◆ Proprietary◆ Charter


❖ Royal Colonies -➢ Subject to direct control of the crown.

■ 1775 Eve of Revolution● NH - MA - NY - NJ - VA - NC - SC - GA

■ Came from quick success● Charters were revoked

■ Patterns developed● Governors were appointed by king● Councils appointed by king

◆ Eventually became upper house of legislature◆ Lower House - Bicameral legislature

➢ elected by property owners


❖ The Charter Colonies -➢ Based on charters given directly to colonists

■ CT - RI■ mainly self-governing■ Governors were elected every year by

white, male property owners■ King’s approval was needed

● did not typically ask for permission

■ Laws from bicameral legislature was not put before governor for approval or veto



THE COMING OF INDEPENDENCE

THE COMING OF INDEPENDENCE

❖ Britain’s Colonial Policies➢ Controlled under the king

■ Parliament had little to do with colonies● Started taking interest in Trade● Left control of colonies to the crown

■ Colonies began self-government● 2 months or more to reach England● legislatures assumed lawmaking powers● forced governors to do their will or would not pay them

■ Became federal type colonies● England had power defense and trade● George III forced more restrictive trade with colonies

THE COMING OF INDEPENDENCE (cont.)

❖ Growing Colonial Unity➢ Early governments

■ Confederation - joining of several groups for a common purpose.● New England - League of Friendship

◆ defense against Native Americans

■ Albany Plan of Union - formation of an annual congress of Delegates (representatives) from each of the 13 colonies.

THE COMING OF INDEPENDENCE (cont.)● raise military and naval forces● make war and peace with Native Americans● regulate trade with Native Americans● tax● collect customs duties

◆ Agreed upon at the meeting◆ rejected by the colonies and Crown

THE COMING OF INDEPENDENCE (cont.)➢ The Stamp Act of Congress

■ Law required the use of tax stamps on all legal documents, on certain business agreements and on newspapers● were disliked● taxation without representation

◆ All but 4 colonies organized and formulated a protest➢ Declaration of Rights and Grievances

■ sent to King● Parliament repealed tax

◆ tensions remained - new laws and policies passed

◆ Boycott - refusal to buy or sell certain products or services.


❖ Continental Congress➢ First in September 5, 1774

■ Parliament passes new laws to punish colonists.● Denounced in American● Intolerable Acts

◆ All colonies sent representatives to Philadelphia except GA◆ Met and discussed actions for nearly 2 months◆ Urged each colony to refuse trade until repealed - taken back◆ Sent Declaration of Rights to King George III

➢ Ended October 26, 1774■ A second was to be held in May 1775


❖ Continental Congress (cont.)● 1774-1775 English government refused compromise

➢ Second met May 10, 1775● Revolution had already begun

■ Each colony sent representatives this time■ Hancock chosen as president of Congress■ Continental army created

● George Washington name as Commander-in-Chief

■ First national government● Last 5 years● Declaration of Independence (1776)- Articles of Confederation (1781)


❖ The Declaration of Independence➢ “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

■ Congress named 5 to create a proclamation of independence. ● Benjamin Franklin - John Adams - Roger Sherman - Robert Livingston

- Thomas Jefferson➢ Page 40


❖ The First State Constitutions➢ between 1776 and 1777 most states adopted a written

constitution➢ Massachusetts has oldest constitution in the world.➢ Popular Sovereignty - government can exist only with

the consent of the governed.



The Critical Period

THE CRITICAL PERIOD

❖ Articles of Confederation➢ Richard Henry Lee’s resolution led to Declaration of

Independence. Also asked for a plan of confederation.■ After 17 months deliberating

● November 15, 1777 - Articles were approved.

■ Each state kept its sovereignty, freedom, independence.● Went into effect March 1, 1781.

◆ What was the delay?➢ States

THE CRITICAL PERIOD (cont.)

❖ Articles of Confederation➢ Governmental Structure

■ Congress was sole body■ Unicameral

● Delegates chosen yearly

■ Congress would choose one delegate as the presiding officer


❖ Articles of Confederation➢ Powers of Congress

■ It could make war and peace■ send and receive ambassadors■ make treaties■ borrow money■ establish money system■ create post offices■ build navy and raise army■ settle disputes between the states


❖ Articles of Confederation➢ State Obligations

■ agreed to obey Articles and acts of Congress■ fund and provide troops ■ treat citizens from other state fairly and equally■ surrender fugitives from justice■ submit disputes to Congress■ allow open travel and trade■ retained all other powers not given to Congress


❖ Articles of Confederation➢ Weaknesses

■ One vote for each State, regardless of size■ Congress powerless to lay and collect taxes■ Congress powerless to regulate foreign and interstate

commerce■ No executive to enforce acts of Congress■ No national court system■ Amendment only with consent of all states■ a 9/13 required to pass laws■ Articles only a “firm league of friendship”


❖ The Critical Period, the 1780s➢ Revolutionary War ended in October 1781

■ Victory confirmed by the Treaty of Paris in 1783■ Problems of economics and politics

● Caused by the weakness of the Articles◆ Why?

➢ bickering between states➢ established trade with foreign governments➢ refused to fund Congress➢ own military forces➢ taxed goods - banned others


❖ A Need for Stronger Government➢ Wealthy paved the way

■ movement began in 1785➢ Mount Vernon

■ Maryland and Virginia● met to settle trade disputes● January 21, 1786 called for a meeting of all states

◆ because of the meeting called for a federal plan for regulating commerce

➢ Annapolis■ meeting took place 9/11/1786 - 5 states



CREATING THE CONSTITUTION


❖ The Framers - group of delegates who attended the Philadelphia Convention➢ Worked in secrecy➢ Called to recommend changes to the Articles

■ Delegates agreed to create a new government➢ Virginia Plan - new government with 3 separate

branches ➢ New Jersey Plan - maintained a unicameral

government with equal representation■ Federal executive chosen by Congress


❖ The Framers - group of delegates who attended the Philadelphia Convention➢ Worked in secrecy➢ Called to recommend changes to the Articles

■ Delegates agreed to create a new government❖ Virginia Plan - new government with 3 separate

branches ❖ New Jersey Plan - maintained a unicameral

government with equal representation➢ Federal executive chosen by Congress


❖ Disagreements over representation➢ The Connecticut Compromise - Congress

should be composed of two houses.■ Senate equal representation by state■ House representation based on population

➢ Three-Fifths Compromise - all free persons should be counted and ⅗ of all other people.

CREATING THE CONSTITUTION❖ Disagreements over representation

➢ The Commerce and Slave Trade Compromise - forbid Congress from taxing the export of goods from any state.

➢ A Bundle of Compromises - the Constitution is often referred to as this.■ Based on the many differences of opinions


❖ Sources of the Constitution➢ Ancient Greece➢ Ancient Rome➢ Contemporary Great Britain➢ Contemporary Europe➢ Commentaries on the Laws of England - William Blackstone

➢ The Spirit of the Laws - Baron de Montesquieu

➢ Social Contract - Jean Jacques Rousseau

➢ Two Treatises of Government - John Locke


❖ September 8, 1787➢ Revision and styling

❖ September 17, 1787➢ approved the work➢ 39 names added



RATIFYING THE CONSTITUTION

Federalists and Anti-Federalists

Federalists - favored ratificationBelieved that the Articles should be changed

Anti-Federalists - opposed ratificationOpposed the new document

The Constitution was highly debated

Federalists and Anti-Federalists

September 13, 1787 11 of 13 states under the new government

New Congress convened on March 4, 1789could not count votes of presidential elections

Lacked a QUORUM - a majority it could not count electoral votes.April 6, 1789 votes counted electing Washington

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