Origins of American Government
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Transcript of Origins of American Government
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Origins of American Government
Our Political BeginningsThe Coming
IndependenceChapter 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 – Hammurabi’s Code
• Greece & Rome – direct democracy/representative democracy
• 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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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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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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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
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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 2Section 2
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Britain’s 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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Britain’s 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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Britain’s 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 America’s 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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Stop!• http://
www.youtube.com/watch?v=nrvpZxMfKaU
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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 PeriodChapter 2Section 3
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Vocabulary• Articles of Confederation –
first plan for America’s 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 state’s 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, 1780’s• “We are one nation today
and 13 tomorrow, Who will treat us on such terms?” G. Washington
• States taxed one another’s 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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Shay’s Rebellion• The farmers
rampaged through Massachusetts but no one was able to stop them without an army or trained military.
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Shay’s Rebellion• American’s 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 GovernmentCreating 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 30’s•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 didn’t 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 GovernmentRatifying 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 state’s 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 state’s 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.