Chapter 2—Origins of American Government I. The Colonial Period A. An English Political Heritage 2 Key Principles to English political Thought 1. Limited Government 2. Representative Government
Limited Government
1. Magna Carta (1215)—Beginning that the monarch’s power was limited, not Absolute a. believed it protected people from unjust punishment & the loss of life or the levying of taxes w/out popular consent.
2. Petition of Right (1628)—Charles I a. Limited the King’s power stating that a Monarch could no longer collect taxes w/out Parliament’s approval, imprison people w/out just cause, house troops in private houses w/out permission of the owner, or declare martial law unless the country was at war.
3. English Bill of Rights (1688)---William & Mary a. Monarch’s do not have absolute authority. They rule w/ the consent of the people’s representatives in Parliament. b. Monarch must have Parliament’s consent to suspend laws, levy taxes, or maintain an army. c. The Monarch cannot interfere w/ Parliamentary elections & debates. d. The people have a right to petition the government & to have a fair 7 speedy trial by a jury of their peers. e. The people should not be subject to cruel & unusual punishment or to excessive fines & bails
***Major Cause of American revolution was the Colonists felt that they were being deprived of rights guaranteed in the English Bill of Rights. Monarchs viewed them as subjects of the British Empire***
Representative Government—People elect delegates to make laws & conduct government.
Colonists modeled their colonial legislature after the English Parliament:-2 Chambers 1. House of Lords (Upper Chamber)—1st Sons of Noble Families 2. House of Commons (Lower Chamber)—elected by a few people who could vote New Political Ideas
Enlightenment—Based on Reason 1. John Locke & Rousseau---“Social Contract” a. People are born w/ natural rights (Life, Liberty, & property) b. Social contract to protect their natural rights c. If Government failed to protect these rights, people were justified in changing or altering their government.
Colonial Governments—Governor, Legislature, & Court System 1. Key Practices of Colonial Governments: a. Written Constitutions: 1620—Mayflower Compact 1636—General Fundamentals—Puritans 1639---Fundamental Orders of Connecticut
b. Colonial Legislatures:--an example of government by the consent of the governed. 1619—House of Burgesses—1st Legislature in America
c. Separation of Powers---Montesquieu Governor—Executive Power (King’s Agent) Legislatures---Power to pass laws Courts—heard colonial cases II. Uniting for Independence The Colonies on Their Own
A. 2 events changed the relationship between the colonists & their rulers: 1. French & Indian War (1756-1763)—British defeated French so colonists no longer needed British protection. 2. 1760—George III became King and felt that the Colonies should help pay the debt from the French 7 Indian War. a. Stamp Tax of 1765—1st direct tax b. Tea Act led to Boston Tea Party (1773) c. Coercive Acts (Intolerable Act) 1. closed Boston Harbor 2. Withdrew the right of the Massachusetts colony to govern themselves
**** Led to a showdown between the colonists & Britain****
Colonial Unity 1. Stamp Act Congress (1765)—Stated that only colonial legislatures could impose direct taxes 2. Committees of Correspondence (1773)—urged the colonists to resist the British & to keep in touch with all the colonies. 3. 1st Continental Congress (September 5, 1774)—Established an Embargo— agreement that prohibited trade to Britain & agreed not to use British goods. 4. Lexington & Concord (April 19, 1775)—1st Battle of the Revolutionary War 5. 2nd Continental Congress—Acting Government of the Colonies a. Appointed George Washington as Commander of the Army b. Purchased supplies, negotiated treaties, & rallied support for the colonist cause.
Independence 1. Thomas Paine—Common Sense a. Argued that monarchy was a corrupt form of government
2. Thomas Jefferson----Declaration of Independence—July 4, 1776—3 Parts a. Statement of purpose & Human Rights 1. All Men are created equal 2. Unalienable Rights—Life, Liberty , & the Pursuit of Happiness 3. Governments are instituted among men—deriving their powers from the consent of the governed (people)
b. Complaints against King George III 1. Describes violation of the colonists’ political, civil, & economic liberties c. Conclusion 1. Declared their independence from Great Britain III. The Articles of Confederation A. Government Under the Articles of Confederation 1. Unicameral legislature 2. Legislature chose executive 3. Congress settled disputes among states 4. Each state had one vote in Congress 5. Powers of Congress: a. Make war & peace b. Send & receive ambassadors c. Enter into treaties d. Raise 7 Equip a navy e. Maintain an army by requesting troops from the states f. Fix standards of weight & measures g. Regulate Indian affairs h. Establish post offices
B. Weaknesses of the Articles 1. Congress could not collect taxes or regulate trade 2. Congress could not force anyone to follow laws 3. No executive Branch & Judicial Branch 4. Laws needed the approval of nine out of 13 states 5. Amending the Articles required All 13 states
C. Achievements 1. Established policy for development west of Appalachian Mountains-# 1 a. Land Ordinance of 1785 & Northwest Ordinance of 1787 2. 1783 Treaty with Great Britain 3. Established departments of Foreign affairs, war, marine, & treasury 4. “Full Faith & Credit”—Each state had to respect the legal acts of the other states & the rights of their citizens
D. The Need for Stronger National Government 1. Shays’s Rebellion (economic troubles) proved that a stronger government was needed 2. Philadelphia (1787)—Constitutional Convention a. Purpose: Revise the Articles of Confederation IV. The Constitutional Convention A. The Convention Begins 1. George Washington—President at the Convention 2. James Madison—Father of the Constitution because he was the author of the basic plan of government that was adopted by the convention 3. Secret Meetings—Public & Press kept out
Key Agreements at the Convention 1. Favored limited government & Separation of Powers 2. Strengthen the national government & to limit the power of states
B. Decisions & Compromises 1. Virginia Plan—Large States –James Madison & Edmund Randolph a. strong national legislature w/ 2 chambers 1. Lower chamber—chosen by the people 2. Upper Chamber—chosen by the lower chamber b. a strong national executive to be chosen by the national legislature c. a national judiciary to be appointed by the legislature
2. New Jersey Plan—Small States—William Paterson a. Unicameral legislature—one vote/ state 1. Congress could impose taxes & regulate trade b. Congress would elect a weak executive c. A national judiciary with limited power would be appointed by the executive
3. Connecticut Compromise (Great Compromise)—Roger Sherman a. Legislative Branch (2 Parts) 1. House of Representatives---Representation based on population & all revenue laws concerning spending and taxes must begin in the House. 2. Senate---Equal Representation (2/ state) & state legislators would elect senators
4. Three-Fifths Compromise—60% or 3/5ths of the slave population would count for both tax purposes & for representation.
5. Compromise on Commerce & the Slave Trade a. Congress could not ban slave trade until 1808 b. Congress could regulate Interstate Commerce & Foreign Commerce c. Congress could not tax exports.
6. Slavery Question—Refused to deal with it & left it for later generations 7. Electoral College System c. Each state selects electors to choose the president d. 4 year term
Ratifying the Constitution
***Needed 9 states for the Constitution to be ratified and to become law***
Anti-Federalists: 1. Constitution lacked a Bill of Rights—Strongest argument 2. Document was extralegal (not sanctioned by law because the Congress authorized the convention to revise the Articles
Federalists 1. Supported a strong national government because without it Anarchy would win 2. Federalist Papers—Hamilton, Madison, & Jay—80 essays to support the Constitution 3. Federalist promised to add a Bill of Rights