Introduction to American Legal System Introduction to Legal History of the USA IALS

Introduction to Legal History of the United States The birth of a Nation

The American government is an institution born of reason and reflection. At its foundation lie three historic documents: • The Declaration of Independence, • the Constitution, • the Bill of Rights. While leaders, movements, ideas have changed the principles of American government have remained the same. Settling the New World

• The story of American government dates back to the earliest settlement of North America

• The first settlers were religious separatists who came to America to escape the Church of England Settling the New World

• The earliest En. settlement took place at Roanoke Island, NC • Established by Sir Walter Raleigh in the mid to late 1580s, is best known for its mysterious and sudden disappearance • Is also known as the "Lost Colony" • Later attempts of British Government: setting up a trading outpost at Jamestown, Virginia in 1607. • The colony survived more than 90 years but struggled with harsh conditions and hostile Indians • Left important legacy: the colonists adopted a representative assembly to govern their affairs (important precedent)

Settling the New World

• For the 150 years of settlement, the British showed little interest in the colonial govt. • The Crown viewed the colonies as nothing more than vast market for En. Goods and provider of and endless supply of natural sources Settling the New World

• 1620 the Puritans, in order to search of greater religious freedom and tolarance, landed at Plymouth, MA and established a colony in New England • Forty-one men on board the Mayflower signed the Mayflower Compact: a social contact that bound them to obey the authority of whatever govt was established on land • The document was not a constitution but had a great impact: established the precedent that any governing authority in the New World requires the consent of people. Developement of the Colonies

• By 1732, all of the original states were established • They had already developed a strong tradition of limited govt and local rule: technically governed by London, the colonies enjoyed autonomy • All had elected legislatures that passed laws, levied taxes, set policy, had a formal governing document that resembled a constitiution (e.g. PA passed the Frame of Government, MA the Body of Liberties) Prelude to a Revolution

• Relations between the colonies and Britain remained smooth through the mid 1750s, until the French and Indian War Prelude to a Revolution

• Who fought the French and Indian War? • Not the French against the Indians!

• At the end of 17th century, North America was an extremely valuable piece of real esate: all major European powers claimed the right to the land and wanted to extend their teritory at the continent • The conflict started unexpected for the Anglo-Americans when a young Virginian was dispatched by Virginia’s Governor to the Pennsylvania’s woods in 1753 to tell French they were trespassing on Virginia’s teritory. • However he learned that the French had no intentions of leaving. With this intelligence, the young Virginians spent a few difficult weeks returning to Virginia where he delivered the report. Describing his adventure, he wrote a small book: „The Journal of Major George Washington”

The French and Indian War

• Soon after this, that inexperienced 22-year-old son of a planter was made an officer and sent back with militia to build a fort (near Pittsburg) where engaged in small battles against the French, ordered the shoots that began the French and Indian War – the War that most shaped America’s destiny. • It was during those fights that Washington had his first taste of battle and wrote to his brother: • „I can assure you. I heard Bullets whistling and believe me there was sth charming in the sound”.

• The story goes that when King George II heard this tale, replied: „He would not say so had he been used to hear many”! The French and Indian War

• By that time, there were 90,000 French in America while 1.5 million English colonials. • Things were bad for the English until the change of command in 1758 when troops were poured in from England. • One of the English tacticts, when negotiating with some attacking Indians, was to give them blankets from smallpox hospital. • A string of victories between 1758 and 1760 gave the English control over the American colonies. • In 1763, the Treaty of Paris brought peace and complete British triumph. The Britain now owned all of Canada, America east of Mississippi Valley, Florida and a no. Of Carribean islands. France lost its Am.clolonies, except for a few islands.

Prelude to Revolution

• How did the colonies go from being loyal subjects of King George III to becoming rebels capable of overthrowing the most powerful country? • No single factor: • England had an enormous wartime debt • The King thought that the colonies should chip in for some costs of defensing America and the early costs of administering the colonies. • Begining in 1763, the British Parliament began imposing a series of taxes and demands on the colonies (the Sugar Act, the Townshend Act, and the Stamp Act). Prelude to Revolution

• The Stamp Act of 1765 established a direct tax on all printed materials-everything from newspapers and legal documents to consumer products like playing cards. The clonies raised the idea of „no taxation without represenation” and began to boycott British goods • Things came to a boiling point in 1773 when a group of patriots called the Sons of Liberty (dresses as Mohawk Indiands) boarded three British ships and dumped 342 chests of tea in Boston Harbor. • In response, The Parliament passed a series of bills called the Coercieve Acts, aimed at closing down Boston until the dumped tea was paid for. • In response to those „Intolerable Acts” the colonial assemblies agreed to an intercolonial meeting: from Sept. 5 to Oct. 26, 1774, the First Continental Congress was gathered.

Prelude to Revolution

• During the First Continental Congress, John Adams worried: • „We have not men fit for the times. We are deficient in genius, in education, in travel, in fortune-in everything”. • But they did adopt a resolution to oppose the Coercive Acts, create an association to boycott British goods, to pass resolutions enumarating the rights of the colonists and their assemblies. • Also decided that a second session to meet if their grievances had not been corrected by the British.

Prelude to Revolution

• The British wanted to cut off the rebellion before it got started – wanted to capture hidden stores of patriot guns and powder. • The Son of Liberty had been expecting that and across MA farmers and townspeople had begun to drill with muskets, ready to pick up their guns on a minute’s notice, giving them their name „Minutemen” • For the purpose of an early warning system off British troops, a set of lanterns signals was prepared by Paul Revere, silversmith and maker of false teeth. • Late on night of April 18, 1775 a signal of two lanterns was set. Paul Revere alerting the Minutemen became American first work class hero. • On May 10, 1775 the Second Continental Congress was gathered. Prelude to Revolution

• For the purpose of an early warning system off British troops, a set of lanterns signals was prepared by Paul Revere, silversmith and maker of false teeth. • Late on night of April 18, 1775 a signal of two lights was set. Paul Revere alerting the Minutemen became the first American work class hero. • On May 10, 1775 the Second Continental Congress was gathered. 1775: the Second Continental Congress

• While skirmishes had taken placed, the Congress appointed George Washington commander in chief of the colonial militia. • With colonists divided between British loyalists and revolutionaries, heated debate erupted. Virginian Thomas Paine brilliantly articulated the revolutionary cause in his pamphlet • „Common Sense” which was a bestseller in the early 1776 (120,000 copies sold): • It is infinitely wiser and safer, to form a constitution of our own in a cool and delibarate manner, while we have it in our power, than to trust such an interestng event to time and chance • The colonists could not have missed that chance.

The Declaration of Independence

• In June 1776, Virginian Richard Henry Lee brought in the plan for a three-part resolution: 1. To declare the colonies are independent, 2. To form foreign alliances, 3. To prepare a plan for confederation.

A commitee for 1. tasks consisted of John Adams, Benjamin Franklin, Robert Livingston, Roger Sherman. For a political balance, a southerner was added to The panel: Thomas Jefferson. The Declaration of Independence

• Distracted by his wife’s health and a work on the new constitution of Virginia that was being written during the Congress, Jefferson was a reluctant author. • However, working quickly, he had designed a draft of the document and presented to the committee. • Not without changes, on July 2, a resolution of declaration of independence was passed by Congress. • On the evening of July 4, Declaration of Independence was adopted. • There was no turning back at this point.

DID YOU KNOW?

• Did you know that many people think the following line is part of the Constitution: „We hold these truths to be self-evident, that all men are created egual, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and pursuit of Happiness”

• Acctually, it appears in The Declaration of Independence! The Declaration of Independence

• Was formally adopted on July 4 but the delegates had not signed it until August 2. • The American Independence Day is celebrated on July 4.

The Declaration of Independence

The document accomplished 3 things:

• Laid out a new governing principle: that all men are created equal with certain unalienable rights, and that governments have their power from the consent of the governed.

• Set forth a specific list of grievances against King George III

• Formally declared war against Britain.

The Declaration of Independence

• Question:

How could a man who wrote „all Men are created equal” and are endowed by the Creator with the right of liberty, keep black slaves of which Jefferson (like Washington and many others) had many? Winning the War

• The Declaration of Independence made it clear to Britain that the colonies were fighting for sovereignty.

• For much of the war, the colonists suffered defeats.

• But with French help and the revolutionary spirit, the colonists made several victories.

• On October 19, 1781 Washington defeated British General Charles Cornwallis at Yorktown, VA, forcing England to sue for peace.

• After 6 years, the war was over. Articles of Confederation

• Declaring independence was one thing, creating a new govt was quite another. • The colonists had to come up with a document shaping a structure of a new state – The Articles of Confederation drafted from July to Nov. of 1776. • Ratification process was long: SC was first to ratify (1778), MD the last one (1781). Articles of Confederation

• As a governing document, the Articles were doomed from the start.

• With the memory of British oppression still fresh, the colonists preferred a loose confederation of states and the govt subject to them. Articles of Confederation

• What did the Articles establish? 1. the priniciple of uni-cameral (single-body) legislature with limited authority: the Congress 2. Each state had one vote in the Congress 3. No independent executive or judicial branch 4. The Congress appointed temporary officers 5. Parts of legislation required a unanimous vote (any state had veto power over the national govt) 6. When not in session, a conference of delegates from each states, acted. Articles of Confederation: Weak points

• The Articles lacked the power to perform the most basic tasks like: • regulation of interstate commerce, • establishing a national currency, • taxing people directly, enforcing treaties, etc.

• The articles bearly maintained peace among the states

• Towards the end of war, things went so bad that the Congress was forced to sell off western lands just to pay for the militia. Articles of Confederation: Weak points

• George Washington described the Articles of Confederation as „a half-starved limping government, that appears to be always moving upon crutches and tottering at every step” Articles of Confederation: Positive Sides

• The Articles of Confederation served as a „transition” govt between Revolutionary War and the new Republic • Did have a few successes (the Land Ordinance of 1785 and the Northwest Ordinance of 1787: two major acts that helped settled the West) • The Articles represent also a milestone in the history of Western democracies: for the first time citizen used reason and logic to creat a new form of govt • It aslo gave the name of the country: „The United States of America” Drafting a Constitution

• Even with the victory over Britain, the survival of a young country was tough. • It was evident that a dramatical change or amendment of the Articles was needed. • On May 25, 1787 fifty-five delegates from twelve states (RI refused to attend) arrived in Philadelphia in order to create a better govt. Drafting a Constitution

• The Constitutional Convention lasted the entire summer and was conducted in a secret, as participants wanted to have an honest exchange of ideas and compromise. • As first point of business, the delegates unanimously made a decision to make George Washington the chair of the Convention – the only UNANIMOUS decision that summer. Drafting a Constitution Did you know? \

• Did you know that the summer of 1787 was one of the hottest on record and delegates forced to deliberate with closed windows at the Pennsylvania State House, suffered through brutal working conditions. • The only relief was an occasional after-hours at the Indian Queen, a popular local tavern. Drafting a Constitution: Virginia Plan

• Shortly after the covention started, Virginians delegates: James Madison and Edmund Randolph submitted a constitutional proposal called the Virginia Plan which was a radical step from The Articles of Confederation. • The Virginia Plan: • a bicameral (two-chamber) legislature • with the lower house chosen by the people • and the upper house chosen by the lower house • called for a national executive and judiciary Drafting a Constitution: states conflict

• While the large states supported the Virginia Plan, representatives from the smaller states were affraid of the larger states domination in the national legislature. • There were also fears that a strong central govt might attempt to limit states’ rights and restrict individual liberty. Drafting a Constitution: the New Jersey Plan

• After weeks of the debate, William Patterson of New Jersey submitted an alternative plan, based on modification of the Articles of Confederation • The New Jersey Plan: • called for a unicameral legislature with equal representation for each state regardless of population • included a weak two-person executive branch with a single judiciary body. Drafting a Constitution: the Great Compromise

• The convention was stuck: small states lobbied for the New Jersey Plan, large states supported the Virginia Plan. • In late July, Roger Sherman of Connecticut broke the impasse with a compromise known as a Connecticut Plan: a smart mix of both proposals. Drafting a Constitution: the Great Compromise l

The Connecticut Plan

Bicameral Executive: Legislature

The President:

The House: The Senate: •Not elected by the people the lower chamber the upper chamber •Population-based •Elected by the Electoral College •Supported by the small states •Equal representation •„electors” •Supported by the large states selected by states legislatures

Drafting a Constitution: the Great Compromise

• On Sept. 1787 thirty-nine of the remaining forty-two delegates signed the Constitution Opinions regarding the Constitution were divided in two camps:

• The Federalists: • The Antifederalists:

• Led by James Madison, • Led by Patrick Henry, Alexander Hamilton and • John Hancock, George John Jay Mason, James Monroe, • Wrote „The Federalists Sam Adams Papers” • Suspisous of this new • Believed in a strong strong govt central govt • Preferred directed • Govt shares powers with democracy and local rule states • Concerned that the • Supported the Constitution does not Constitution include a Bill of Rights which they considered essential in protecting freedoms and liberty The Process of Ratification

• Ratification of the newly created Constitution was not a sure thing. There was a concern that the document granted too much power to the federal govt and would lead to tyranny. Sensing the struggle, the Framers wisely states that the Constitution need only by approved by NINE of thirteen states and that states would not vote on ratification through states legislatures but special elective conventions. The Process of Ratification

• Beginning in the winter 1787, state conventions began the ratification process. • First to ratify was the state of Delaware: Dec. 7, 1787 • The last one to approve the document was the state of Rhode Island: May 29, 1790. The United States Constitution

• The US Constitution is the oldest written constitution still in use and one of the shortest (7,000 words), • The structure is straightforward and simple: it establishes the three branches of govt: • Legislature • Executive • Judicial