Chapter 2: Roots of American Democracy
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Why It Matters The American colonies were settled by individuals from many nations. Nonetheless, the majority of American settlers came from England. Many of the rights that American citizens enjoy can be traced to the political and legal traditions of England. When English people began settling in the Americas, they brought with them a tradition of limited and representative government. 30 Panoramic Images / Getty Images To preview Chapter 2, visit glencoe.com. Section 1: Our English Heritage Political and economic institutions evolve to help individuals and groups accomplish their goals. The English colonists brought with them ideas about government that had been developing in England for centuries. Section 2: The English Colonies Political, social, religious, and economic changes influence the way Americans think and act. The English established thirteen colonies along the East Coast of North America. Section 3: Colonial Society Political, social, religious, and economic changes influence the way Americans think and act. The English colonists created a prosperous economy and learned to govern themselves. Section 4: Birth of a Democratic Nation The Lincoln Memorial is Political principles and major events shape how an important symbol of people form governments. The Declaration of American democracy. Independence explained why the colonies were founding a new nation. Sequencing Information Study Foldable Make the following Foldable to help you sequence information about the roots of American democracy. Step 1 Fold the Step 3 Reading and Writing paper in half from Cut the top As you read the chapter side to side. layer of the write details of the sequence paper only of events that unfolded as along the Our English democracy developed in Heritage fold lines. America under the tabs. The English Colonies Step 4 Label Colonial Step 2 Turn the Society each tab as shown. paper and fold it in half Birth of a Democratic and in half again. Nation Chapter 2 31 Guide to Reading Our English Big Idea Political and economic Heritage institutions evolve to help individuals and groups accomplish their goals. Real World Civics For many of us, town Content Vocabulary meetings seem like something from another century—and • Enlightenment (p. 33) for the most part they are. The first settlers in this country, • monarch (p. 33) • legislature (p. 33) most of whom were English, brought with them their • precedent (p. 34) traditional forms of government, which relied on local • common law (p. 34) involvement. Town meetings are a form of direct democracy, • natural rights (p. 34) giving citizens a clear voice in decision making. The purpose • social contract (p. 35) • colony (p. 36) of the town meeting has not changed in over 200 years. • joint-stock company (p. 36) Town meeting in Bridgeport, Vermont • charter (p. 36) • compact (p. 36) Academic Vocabulary • document (p. 33) • authority (p. 33) • grant (p. 33) Reading Strategy Organizing As you read, complete a web dia- gram like the one below by listing six sources of American law. American Law 32 Alden Pellett/AP Images The Granger Collection, New York What Influenced Parliament Kings who followed John met regularly Colonial Government? with nobles and church officials to get their advice. Gradually, this group grew in size Main Idea Science and the influence of reason and power, expanding to include represen- led to new innovations in political thought. tatives of the common people. By the late legislature Civics & You What helps people get along with 1300s, it had developed into a —a each other? Do they need rules, a strong leader, or to lawmaking body—known as Parliament. share the same goals? Read to learn how thinkers in For the next few centuries, English mon- Europe answered these questions. archs cooperated with Parliament. In the mid-1600s, however, serious power struggles began. In 1688, Parliament removed King James II from the throne and invited his Many of the rights that American citizens daughter Mary and her husband William to enjoy today can be traced to the political rule instead. In doing so, Parliament dem- and legal traditions of England and to the onstrated that it was now stronger than the ideas of a cultural movement called the monarch. Enlightenment. When English people began This peaceful transfer of power, known as settling here in the 1600s, they brought with the Glorious Revolution, changed govern- them a history of limited and representative ment in England. From that time on, no ruler government. They also brought with them would have more power than Parliament. new ideas about law, society, and the rights people possessed. For centuries, England had been ruled by a Authority From the end of the seventeenth century on, English monarchs, such as George III, shared the monarch—a king or queen. However, noble powers of government with Parliament. Describing families also had considerable power. The How did the authority of English monarchs change? monarch gave them ownership and control of vast lands in exchange for their loyalty, tax payments, and promises of military support. The Magna Carta In 1215, nobles rebelled against King John, who had treated them harshly. They forced the king to sign an agreement called the Magna Carta (Latin for “Great Charter”). This document, or deed, protected the nobles’ privileges and authority, or control. It also granted, or allowed, certain rights to all landholders—rights that eventually came to apply to all English people. These rights included equal treatment under the law and trial by one’s peers. The Magna Carta limited the power of the monarch by guaranteeing that no one would be above the law, not even the king or queen. (See the Appendix to read this document.) 33 English Bill of Rights To clarify this rela- Sources of American Law tionship, Parliament drew up the English Bill of Rights in 1689. This document further restricted the monarch’s power. It also guar- anteed free elections to Parliament, the right to a fair trial, and the elimination of cruel and unusual punishments. Common Law Greek Law In its earliest days, England had no writ- ten laws. People developed rules to live by, Each city-state had its own government and laws. Citizens were expected to take however, and these customs came to have part in government. the force of law. In addition, as a court sys- tem developed, the courts’ decisions became Roman Law the basis of a body of law. When judges were Roman law was standardized. Legal asked to decide a case, they would look for a procedures were the same in all parts of precedent, or a ruling in an earlier case that the Roman Empire. was similar. The judge would then make a Common Law consistent ruling. This system of law is known as common Made by judges in the process of resolving cases, this law is sometimes called case law. It rests on court decisions rather than law. It was brought to America from regulations written by lawmakers. Although English courts. England’s system of common law came about without being planned, it worked well and Equity Law has remained in place to this day. Our own This law is a system of rules that resolves disputes on the basis of fairness. It was laws about property, contracts, and personal developed in the kings courts in England injury are based on English common law. and merged with common law in America. Constitutional Law Philosophical Influences Americas fundamental and most important source of law was written in 1787 and has John Locke (1632–1704) was an English been changed by 27 amendments. writer who supported the Glorious Revolution. Locke argued that people were Statutory Law born free, equal, and independent. They This law is made by legislatures at the also possessed rights, called natural rights, national, state, and local levels. It is based to life, liberty, and property that no govern- on the Roman practice of writing down the laws of their senate. ment could take away. In The Second Treatise of Government, Locke wrote: Analyzing Charts “ All mankind . being all equal and independent, no 1. Explaining Why is statutory law sometimes one ought to harm another called Roman law? in his life, health, liberty, or 2. Identifying What is our nation’s most possessions. important source of law? ” —John Locke, The Second Treatise of Government 34 Chapter 2 Bettmann/CORBIS What Is a Social Contract? Locke also each other so that no one part can become believed that if a government tried to take too strong or threaten individual rights. His away people’s natural rights, it was break- ideas on the separation of powers, along ing the social contract. A social contract is with Locke’s ideas on the social contract and an agreement among the people in a society. natural rights, became cornerstones of the They agree to give up part of their freedom Declaration of Independence and the U.S. to a government in exchange for protection Constitution. of natural rights. The people agree to obey the government as long as it protects their Ideas of Enlightenment Locke and rights. Montesquieu are considered Enlightenment French philosopher Jean-Jacques Rousseau thinkers. Building on the scientific discov- (1712–1778) wrote in The Social Contract, pub- eries of the 1600s, these thinkers believed lished in 1762, that “man is born free, yet that God had created an orderly universe. everywhere he is found in chains.” Rousseau The laws of this universe could be discov- was referring to the large number of people ered through the use of human reason. in Europe living under oppressive govern- Enlightenment thinkers argued that the laws ments. He argued that the people alone had that governed nature also applied to human the right to determine how they should be life and society.