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Roots of American Democracy, View the Democracy in Action Electronic Field Trip 1: Independence Hall When our nation’s Founders met, they drew inspiration from ancient Greece and Rome and Great Britain. Contact a local historical society to learn more about your community’s founders and history. To learn more about the roots of American democracy, view the Democracy in Action electronic field trip 1: Independence Hall. Sequencing Events Study Foldable Make this foldable to help you sequence the events that led to the creation of our American democratic system. Step 1 Fold two sheets of paper Step 2 Turn the papers and cut each Reading and in half from top to bottom. in half. Writing As you read the chapter, Cut along sequence the fold lines. events that led to the writing of the Declaration of Step 3 Fold the four pieces in half Step 4 Tape the ends of the pieces Independence and from top to bottom. together (overlapping the edges very the formation of slightly) to make an accordion time line. America’s first government by writing a date and Pieces event on each part of tape of the time line. 26 Mount Rushmore in South Dakota ▲ Paul A. Souders/CORBIS Chapter Overview Visit the Civics Today Web site at civ.glencoe.com and click on Chapter Overviews— Chapter 2 to preview chapter information. SECTION Our English Heritage GUIDE TO READING Main Idea While framing the Articles of English settlers in the American colonies estab- Confederation, the delegates used all that they knew lished traditions of repre- to create a document that could and would be sentative government approved by the states. Despite his desire to be that they had learned in free from the laws of Great Britain, John Dickinson England. recognized the value of those laws. In praise of Britain’s laws, he wrote that “no nation has existed Key Terms that ever so perfectly united those distant extremes, monarch, legislature, private security of life, liberty, and property, with Parliament, precedent, exertion of public force ...or so happily blended common law, colony, together arms, arts, science, commerce, and charter, compact agriculture.” Dickinson later urged his fellow Reading Strategy delegates, in the spirit of moderation, to ratify John Dickinson the Constitution even if it wasn’t perfect. Organizing Information As you read, complete a web diagram like the one below by listing the fea- tures of English law that Influences From England’s the colonists brought with Early Government them to America. Many of the rights that American citizens enjoy today can be traced back to the political and legal traditions of England.When English English people began settling here in the 1600s, they brought Government with them a history of limited and representative government. Heritage For centuries before the first English people arrived in America, England was ruled by a monarch—a king or queen. Read to Learn However, noble families also had considerable power. The • What were the English monarch gave them ownership and control of vast lands in traditions of limited exchange for their loyalty, tax payments, and promises of mili- and representative tary support. government? • How did colonists transplant English The Magna Carta ideas of government King John, who inherited the throne in 1199, treated the to America? nobles harshly. They rebelled in 1215 and forced the king to sign an agreement called the Magna Carta (Latin for “Great Charter”). This document protected the nobles’ privileges and upheld their authority. It also granted certain rights to all land- holders—rights that eventually came to apply to all English people. These rights included equal treatment under the law and trial by one’s peers. 28 Chapter 2 Roots of American Democracy North Wind Picture Archives The Magna Carta was a contract that limited the power of the monarch by guar- anteeing that no one would be above the law, not even the king or queen. ; See the Appendix to read this document. Parliament Henry III, the king who followed John, met fairly regularly with a group of nobles and church officials, who advised the king and helped govern the realm. Over the years, the group grew in size and power, expanding to include representatives of the common people. By the late 1300s, the group had developed into a legislature—a lawmaking body—known as Parliament. For the next few centuries, the English monarch cooperated with Parliament. In Magna Carta The English nobles forced King John to sign the Magna Carta. Why did the the mid-1600s, however, serious power nobles draw up the Magna Carta? struggles began. Eventually, in 1688, Par- liament removed King James II from the throne and invited his daughter Mary and courts, impose taxes, or raise an army with- her husband William to rule instead. In out Parliament’s consent. The Bill of Rights doing so, Parliament demonstrated that it also declared that members of Parliament was now stronger than the monarch. would be freely elected and be guaranteed This peaceful transfer of power, known free speech during meetings, that every citi- as the Glorious Revolution, changed the zen would have the right to a fair trial by idea of government in England. From that jury in court cases, and that cruel and time on, no ruler would have more power unusual punishments would be banned. than the legislature. To clarify the new relationship, Parlia- Common Law ment drew up the English Bill of Rights In its earliest days, England had no in 1689. This document stated that the written laws. People developed rules to live monarch could not sus- by, however, and these customs came to pend Parliament’s have the force of law. In addition, as a sys- laws; the monarch tem of courts arose, the courts’ decisions also could not became the basis of a body of law. When create special judges were asked to decide a case, they would look for a precedent, or a ruling in an earlier case that was similar. If someone were accused of trespassing, for example, the judge would see if anyone had ever faced a similar charge and what the out- Seal of William come had been. The judge would then and Mary make a consistent ruling. Chapter 2 Roots of American Democracy 29 (t)North Wind Picture Archives, (b)Bettmann Archive This system of law, based on precedent Bringing the English and customs, is known as common law. It Heritage to America rests on court decisions rather than regula- tions written by lawmakers. In the 1600s and 1700s, England was England’s system of common law busy establishing colonies in America. A came about without being planned. colony is a group of people in one place who Because it worked well, this system of law are ruled by a parent country elsewhere. has remained in place to this day. Our Although the early colonists made their own laws about property, contracts, and lives far from home, they remained loyal personal injury are based on English subjects of England, with a strong sense of common law. English political traditions. They accepted common law and believed that the ruler Evaluating Why was the was not above the law. They also expected English Bill of Rights important to English to have a voice in government and other citizens? basic rights. Sources of American Law The Virginia House of Burgesses The first permanent English settlement COMMON LAW in North America was Jamestown, in what is now the state of Virginia. Jamestown was Made by judges in the process of founded in 1607 by the Virginia Company, resolving cases, this law is sometimes called case law. It was brought to a group of merchants from London, with a America from English courts. charter from King James I. A charter is a written document granting land and the EQUITY LAW authority to set up colonial governments. This law is a system of rules that The Virginia Company’s charter also prom- resolves disputes on the basis ised the colonists “all liberties . as if they of fairness. It was developed in the had been abiding and born within this our king’s courts in England and merged Realm of England.” with common law in America. At first the Jamestown colony was man- CONSTITUTIONAL LAW aged by a governor and council appointed by the Virginia Company. In 1619, however, America’s fundamental and most important source of law was written the colonists chose two representatives from in 1787 and has been changed by each county to meet with the governor and 27 amendments. his council. These 22 men were called STATUTORY LAW burgesses, and they formed the House of Burgesses, the first representative assembly, This law is made by legislatures at the or legislature, in the English colonies. The national, state, and local levels. It is House of Burgesses had little power, but it based on the Roman practice of writing down the laws of their senate. marked the beginning of self-government in colonial America. In 1624 King Charles I canceled the There are many kinds of law. This chart Virginia Company’s charter and made describes four sources of American Virginia a “royal colony,” a colony that law. Of these four bodies of law, which would be controlled by the crown.The king do you think is growing fastest today? House of Burgesses Representatives of the people of Jamestown met as the House of Burgesses to deal with problems like hunger, disease, and attacks by Native Americans. Why was the House of Burgesses important in American history? appointed a new governor, but he allowed which all men would vote, and the majority the House of Burgesses to continue as an would rule.
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