unit TWO

What experiences shaped the Founders’ thinking about government? unit

TWOkEY iDEAS

Articles of Confederation In the last unit, you learned some important ideas and questions concerning inalienable rights government. You studied natural rights philosophy, republicanism, and popular sovereignty constitutionalism. These were the ideas that influenced the Founders of our nation rule of law and helped shape their views about government.

In this unit, you will learn more about the Founders. You will read about the experiences that shaped their thinking about government. You will study their values and the things they believed were important. You will also learn why they thought a new constitution was necessary. How did constitutional government develop in Great Britain? Constitutional government developed in Great Britain over LESSON a period of many centuries. In this lesson you learn how the PURPOSE6monarchy came to share power with the nobles.You will study some documents that limited the power of the British government. This study will help you to better understand our ideas about limited government. When you finish this lesson, you should be able to describe the struggles for power between the English monarch and Parliament. You should be able to explain how these struggles led to a system of separated powers and representative government. You should also be able to describe some of the important constitutional documents in British history that influenced the writing of our constitution.

TERMS TO UNDERSTAND common law rule of law English Bill of Rights of 1689 rights of Englishmen feudalism Magna Carta Parliament Petition of Right of 1628

Why did the American • security from unlawful entry colonists have the rights into one’s home of Englishmen? • no taxation without consent Before the American colonies became The rights of Englishmen were estab- independent, the colonists were subjects lished during centuries of British history. of the British monarchy. As subjects of These were certain basic rights that all the king or queen, the colonists enjoyed subjects of the English king or queen the rights of Englishmen. All subjects of were believed to have. They included the king or queen had these rights. The • the right to a trial by jury colonists knew and understood their rights as Englishmen. The colonists’ experiences with British William the Conqueror brought a government greatly influenced what system for governing called feudalism. they thought about limited government. Feudalism was a system of social, For our study, it is important to under- economic, and political organization. The stand these rights and how they developed system was based on the control of land. over time. It is also important to remember Under feudalism, the people in England that the constitution of Great Britain is belonged to one of three social groups. not a single written document. Instead, 1. Royalty. This was the king and queen it is made up of long-established prac- and their families. Government by tices known as common law and laws a king or queen is a monarchy. passed by Parliament. Common law is based on custom and the decisions of law 2. Nobility. This group included the courts. Parliament is the legislative body “lords” and “ladies” who held titles of British government. such as earl, duke, duchess, and baron. The noblemen worked for the What were some important rights monarchy and made it possible for of Englishmen? the king or queen to control England.

3. Common people. These were What was the feudal system? the rest of the people. This group included the knights, or soldiers of Until 1066, each region of England had the king, merchants, and peasants. its own ruler. William the Conqueror The peasants were also known as from France invaded England in that serfs. They farmed the land and year and became king of all the regions.

What problems, if any, might arise from dividing society into social groups? 54 were not free to leave the area in Why is the Magna Carta an which they worked. important document? All public land in England belonged to Under the feudal system, it became the monarch, but it was too much land a custom or tradition for the royalty to for one person to rule. So, the monarch share some of its power with the nobility. gave some responsibility for governing As a result, the nobles became used to the kingdom to the nobility. Under the having certain rights and powers. When feudal system, the nobles controlled parts King John tried to take back some of of the land as well as the people who lived these rights, the nobles rebelled. there. In exchange, the nobles pledged The nobles were powerful enough to to be loyal to the king and to go to force King John to sign an agreement war for him. with them in the year 1215. This The nobles further divided the land agreement is the Magna Carta, or Great into smaller areas. A nobleman assigned Charter. The Magna Carta was a major control of the land and people living on it step in the growth of English constitu- to men called vassals. The vassals in tional government. The Magna Carta turn owed the nobleman loyalty and was perhaps the most important early military service. example of a written statement of law For the system to work, it depended on limiting the power of a ruler. The Magna a series of agreements or contracts. There Carta contains two important ideas that had to be contracts between the monarch influenced the Founders. and the nobles. There also had to be contracts between the nobles and 1. Government is based on a contract vassals. Each contract included rights and between the ruler and people to be responsibilities that the parties owed to ruled. Government by contract also one another. Thus, feudalism introduced includes the idea that if either side the idea of government based on a con- breaks the contract, that contract tract. Those in power pledged to respect is no longer valid. the rights of the people who gave them loy- 2. Both government and the governed alty. must obey the law.This is called The feudal system was important to the rule of law. The law limits the the development of constitutional powers of government. The king government. It was during this period could not take away the property that the monarchs started to share of a noble without following agreed- power with the nobles. upon procedures and rules. The Who ruled the serfs? Who owned the Magna Carta expresses the idea of land they worked? Could they move to a limited government by requiring the better situation if they were not happy king to govern according to farming for a particular noble? established rules of law. 55 IDEAS FOR DISCUSSION

How do these rights limit • No constable [officer] or other bailiff [sheriff] of ours shall take the power of government? the corn [grain] or other chattels Each of the rights listed below was a [personal property] of any one right of Englishmen listed in the Magna except…he gives money for them. Carta. Work with a partner or in a group • To none will we sell, to none deny of three students. Read the statements or delay, right of justice. below and respond to the four questions that follow them. 1. What is the meaning of each statement? • For a trivial [minor] offence, a free man shall be fined only in 2. What right does the statement proportion to the degree of his guarantee? offence, and for a serious offence 3. Why is this right important? correspondingly. 4. Explain how this right limits • No free man shall be taken, or the power of government. imprisoned…exiled, or in any way harmed…save by the lawful judgment of his peers [equals] or by the law of the land.

56 What is the relationship between the Magna Carta and constitutional government?

The Magna Carta was a contract Why was the creation of between the king and the nobility. Most of the people in England were not a part Parliament important? of this agreement. But, the Magna Carta Important changes in the English is an early step leading to the idea that government caused the establishment government should be based on a of other basic principles of government. contract that includes all the people. These principles are the separation of Government by contract means that powers and representative government. both sides of the agreement are responsi- In 1258, the nobles forced the king ble for fulfilling its terms. The Magna to create an advisory council. This council Carta states that the king cannot deprive was called Parliament. Parliament is the nobility of their rights. The nobility, the legislative branch of the English in return, must support and obey the government. It was made up of two king and the laws. houses that represented the most power- ful groups in the kingdom: the House of Lords and the House of Commons. The 57 House of Lords represented the nobles. What was the The House of Commons represented people who owned large amounts of English Bill of Rights? land but were not nobles. In 1689 Parliament passed the English Gradually during the next centuries Bill of Rights. This law gave certain rights the role of Parliament grew. Its members to Parliament that further limited the were no longer simply advising the powers of the monarch. It said among monarch, they were representing the other things that elections to Parliament interests of their regions. For hundreds must be free and that the people have of years after the creation of Parliament, the right to petition the king. It also the royalty, nobility, and commons had said that the monarchy was no longer struggled for power. No one group was allowed to able to be completely in control for long. • collect taxes without the consent Then in 1628, the king tried to pres- of Parliament sure the people for money, without the consent of Parliament. He also required • interfere with the right to free the people to house soldiers in their speech and debate in Parliament homes. As a result, Parliament forced • maintain an army in peacetime him to agree to the Petition of Right of 1628. The Petition stated that the king • prevent Protestants from having could only raise taxes with the consent of arms for their defense Parliament. It also no longer allowed the • require excessive bail or administer king to house soldiers in the homes of cruel punishment for those the people. The Petition of Right accused or convicted of crimes strengthened the idea that English subjects had certain rights that • declare that laws made by government could not violate. Parliament should not be obeyed The struggle between the monarch and Parliament became so intense By the end of the 1600s, the during the seventeenth century that a British government was much more series of civil wars broke out. The nobles limited in what it could do. This was finally won and in 1649 Parliament the same time that the British were ordered the execution of the king. By establishing colonies in North America. 1688 the balance of power had shifted So, the colonists brought these ideas in favor of Parliament. about good government with them to the new world. What is the relationship of free speech in a legislative body to constitutional government?

58 LESSON REVIEW

1. Explain how the feudal system 3. Explain how the struggles between promoted the idea that government the monarchy and the nobility led to is a contract between government limited government in Great Britain. and the governed.

2. Explain the importance of each of these documents:

• Magna Carta • Petition of Right of 1628 • English Bill of Rights of 1689

ACTIVITIES

1. Learn more about the social, 4. Search through the newspaper for a economic, and political aspects of story about a bill that is being feudalism. Find information in proposed in a local, state, or national your library or on the Internet. legislature. Write a short summary Create a diagram that illustrates of the rights that are being protected how the system worked. or eroded by the bill.

2. Create a script for a talk show for an 5. Read the editorial page of the imaginary television station. The newspaper. As a class, create a list of host of the program can interview the characteristics of a good editorial. some of the historical figures who Then write an editorial in support or lived during the time mentioned in in opposition to the legislation you this lesson such as William the summarized in Activity 4 based on Conqueror, King John, noblemen, your knowledge of rights. Are the vassals, and commoners. rights in question also Rights of Englishmen? 3. Imagine that you are a member of the nobility living in England 6. Read stories on the front cover and in the 1200s. Write a letter to the main news section of the newspaper editor or draw an editorial cartoon to identify all the rights and/or rules illustrating the importance of the of law that are being exercised or that rights listed in the Magna Carta. have been violated. Write an editorial on what you think should be done to stop rights violations. 59

What experiences led to the American Revolution?

LESSON This lesson explains how British ideas about government PURPOSE7 were put to use in the colonies. The lesson also describes why the colonists came to feel that the British government threatened their rights. When you finish the lesson, you should be able to explain how constitutional government developed in the colonies. You should also be able to explain why the colonists decided to fight for their independence.

TERMS TO UNDERSTAND charter committees of correspondence Daughters of Liberty First Continental Congress Second Continental Congress Sons of Liberty writs of assistance

Which ideas did the colonists their own form of government. Each of the thirteen colonies had a government of its in America use to create their own. governments? In creating their own governments, the colonists tried to do two things. They tried To establish a British colony, one gener- to protect themselves from abuse of power ally needed to have a charter from the king. by the British government. They also A charter is a legal document. In colonial tried to protect themselves from abuse of times, a charter granted land to a person or power by their colonial governments. To a company along with the right to start a achieve these goals, the colonists used the colony on that land. basic ideas of constitutional government. Most colonial charters said little about All colonial governments were based on what kind of government a colony should the following ideas: have. As a result, the settlers had to develop 1. Natural rights. Colonial governments presided at the trials of people were based on the idea that the accused of a crime. The judges purpose of government is to protect also made sure that colonial the people’s natural rights to life, laws did not violate the British liberty, and property. constitution.

2. Representative government. The 5. Checks and balances. In many colonists elected representatives to colonies the branches of government their colonial legislatures. The first shared power, but one branch could elected legislature was in Virginia check the use of power by another in 1619. branch. For example, the governors could not collect taxes without the 3. Rule of law. The colonists created consent of the legislature. a government of laws. The people who made and enforced the laws did not have unlimited power and Why did the British they, too, had to obey the laws. The government tighten control colonial governments recognized the idea of higher law.This meant over the colonies? that colonial governments could For much of the colonial period, not pass laws that violated the Great Britain paid little attention to the British constitution. colonies. Britain had become a world power 4. Separation of powers. The powers and was often busy fighting wars in Europe. of the colonial governments were The government in Britain did not have divided among three branches: much time to devote to the colonies. In addition, the colonies were a long distance • A governor headed the executive away. Communication between the colonies branch. The governor carried and Britain was slow because news had to out and enforced the law. In travel by ship. News of events in the colonies most colonies, the king or the reached Britain months later. Orders from owner of the colony appointed the government to the colonies took months the governor. to arrive. • The legislative branch made During the years of British neglect, the laws. Most colonies had the colonists became used to ruling legislatures with two houses. themselves. Further, the colonists had been able to ignore many of the laws • The judicial branch was made made by Parliament. up of judges or magistrates. By the mid-1700s, however, the British The governor usually appointed began to show a new interest in the colon- the judges. The judges were ies. In 1763, Britain won a long and costly responsible for handling conflicts war against France. The cost of the conflict about the laws. The judges 62 left the British with a large national debt. the frontier and, thus, save the Parliament saw the colonies as a source of government money. much needed money.They felt that the • Sugar Act of 1764. The purpose of colonies should pay their portion of the cost the law was to stop the smuggling of the war. To reduce the national debt, of goods into and out of the colonies. Parliament raised taxes in both Britain and It gave the British navy greater the colonies. The British government also power to search colonial ships. Naval began to tighten trade regulations between officers used writs of assistance, the colonies and other nations. or search warrants, that allowed These are some examples of British laws them to board colonial ships. The that affected the colonies. law also required products such as • Proclamation of 1763. The law tobacco, sugar, and timber to be banned settlement in certain western shipped directly from the colonies lands. Its purpose was to reduce to Britain. The law set taxes on tensions between the colonists and cloth, sugar, coffee, and wine Native Americans. The British coming into the colonies. army could then withdraw from

What does this picture illustrate about British control over the American colonies for most of the colonial period? 63 • Stamp Act, 1765. The law imposed • Tea Act, 1773. The law gave the a tax on every legal document, East India Company the sole right newspaper, pamphlet, and deck of to sell tea to the colonies. The East cards coming into the colonies. India Company was a large and important corporation in Britain. • Quartering Act, 1765. The British The purpose of the law was to keep government moved the army from the company from going broke. the western lands into the cities. The law required colonists who were The colonists viewed the new laws innkeepers or public officials to house differently than did the government in Great and feed the British soldiers. Britain. Many colonists came to believe that Parliament was threatening their rights. • Declaratory Act, 1766. The law They believed that Britain was becoming stated that Parliament had the oppressive. right to pass laws for the colonies The tax and trade laws meant that some in “all cases whatsoever.” Its purpose colonists would lose money. More important, was to remind the colonists that the laws went against the colonists’ belief in the authority of the king and representative government. The colonies Parliament was superior to had no right to elect representatives to colonial governments. Parliament. Therefore, the colonists claimed, Parliament had no right to tax the colonies.

What events led the British government to tighten its control over the colonies? Were the British justified? Why or why not? 64 The colonists felt that tax laws should be How did the colonists resist passed only by their colonial legislatures. “No taxation without representation” British control? became a rallying cry of the colonists. Between 1763 and 1775, tension was To the British, the laws seemed growing between the colonies and the reasonable. King George felt that the British government. To protest against colonists were acting like ungrateful British actions the colonists organized children. The well-being and safety of the town meetings and wrote angry letters to colonies were due to the help they got from the newspapers. They also put together the British government. It was only fair that independent voluntary groups that the colonists pay their share of the cost of organized other ways to resist the British. government. The issue of representation The most significant of these groups were made little sense to most British people. the committees of correspondence. Their Parliament did not represent individuals. mission was to make sure that each colony Nor did it represent areas of the country. knew about events and opinions in the other Instead, Parliament represented the colonies. Although the committees began as interests of the whole nation, no matter voluntary associations, their success led to where British subjects lived. their establishment by most of the colonial governments. The committees raised the spirits of the people and united them against the British. Eventually all the colonies were linked by committees of correspondence.

What was the result of colonial resistance? 65 IDEAS FOR DISCUSSION

Why are these 3. Your name is James Otis. You represent people who are in prison. rights important? The judge has denied the prisoners Each of the following illustrates an a trial by a jury in their own event resulting from the enforcement community. You argue that this is of British laws in the colonies. Examine illegal because it violates the each situation. If you had been the colonist British constitution. The judge named in each case, what right or rights denies your request and sends the would you claim the British government prisoners to England for trial. had violated? Explain why you think 4. Your name is William Bradford. having each right is important. Share You printed an article in your your ideas with the class. newspaper criticizing the deputy 1. Your name is Elsbeth Merrill. governor of the colony. The king While you were baking bread appointed the deputy governor. and awaiting the return of your You wrote that the deputy governor husband, an agent of the king was like a “large cocker spaniel arrived at your inn. The agent about five foot five.” You are under informed you that you must house arrest. Your printing press in and feed four British soldiers. Philadelphia has been destroyed.

2. Your name is Lemuel Adams and you have a warehouse full of goods near Boston Harbor. The king’s magistrate issues a writ of assistance allowing British officials to search all homes, stores, and warehouses in Boston. The officials used the writ to search your business for evidence of smuggling.

66 Two other important groups were the Sons meet in a general congress once a year. They of Liberty and the Daughters of Liberty. The were to deliberate on the general interests of Sons began in 1765 and quickly spread all the colonies. throughout the country.The Sons of Liberty This call laid the foundation for the organized resistance to the Stamp Act. Mobs of Continental Congress. The First Continental people attacked the homes of tax collectors. Congress met in Philadelphia. Twelve of the The Sons of Liberty burned effigies, or straw thirteen colonies sent representatives. It was dummies, made to look like royal officials. the start of a unified American government. They marched in the streets and sometimes The purpose of the Congress was to decide on committed violent acts. the best response to the actions of the British Women soon got together and formed the government. The members of Congress agreed Daughters of Liberty.They helped to make the to impose their own ban on trade with Great boycott of British trade effective. Instead of Britain. Congress hoped that this move would buying British goods, they began spinning their force the British government to change its own yarn and making their own linen. After the policies toward the colonies. British Parliament passed the Tea Act of 1773, On April 19, 1775, fighting broke out between many women gave up drinking tea. Great Britain and the American colonies. On Both the Sons and Daughters of Liberty that day, British troops marched to the towns of continued with acts of resistance until the start Lexington and Concord in Massachusetts. The of the Revolutionary War. There were two army was supposed to capture hidden guns and well-known events that resulted in violence. supplies by surprise, but a system of signals warned the Americans. The Americans fired on • The Boston Massacre, l770. British the British and forced them back to Boston. That troops opened fire on a crowd of was the beginning of the Revolutionary War. protestors outside the customs house in A few weeks later, representatives of the Boston. Five people died as a result. The colonies met in Philadelphia for the Second tragedy convinced many colonists that the Continental Congress. The delegates to the British government would use military Congress decided to resist the British. force to make them obey the laws. Congress organized the Continental Army and • The Boston Tea Party, 1773. The called upon the colonies to send troops. The colonists attempted to prevent the delegates selected George Washington to lead unloading of a cargo of tea that had the army.A year later, Congress asked a arrived in Boston Harbor. The protestors committee to draft a document explaining why ripped open 342 chests and dumped the the colonists felt it was necessary to free tea into the harbor. The British responded themselves from British rule. This document is by closing the harbor to all trade. known as the Declaration of Independence.

By the fall of 1774, these events had led How did the Boston Massacre many colonists to decide that it was time to take change the way some colonists united action. The committees of correspondence thought about British rule? called for representatives from all the colonies to 67 LESSON REVIEW

1. Why was it necessary for the 4. What tax and trade laws did colonists to create their own Parliament pass? What was the colonial governments? purpose of these laws? What effects did the laws have on the colonists? 2. What ideas of constitutional government did the colonists use 5. Why did the colonists feel that the in creating their governments? laws passed by Parliament violated their rights? 3. Why did the British begin to tighten control over the colonies after 1763? 6. Why did the British believe that the tax and trade laws were fair?

ACTIVITIES

1. Many people and groups played 5. Draw two editorial cartoons, one important roles in the Revolutionary showing how the colonists felt about War. Choose one of the organizations the Boston Tea Party and the other listed below to research. Share what showing the same event from a you learn with your class. British point of view.

• Committees of Correspondence 6. Look for newspaper stories where • Daughters of Liberty international conflict is occurring. Are • Sons of Liberty the reasons for the conflicts similar to the reasons the colonists had for 2. Research the life of Thomas Paine resisting British control? Is one party using the school library or the in the conflict trying to protect or Internet. Write a review of his increase their rights? Write a report pamphlet, Common Sense. Explain identifying the rights and issues the importance of Thomas Paine’s involved, comparing them to colonial writing to the Revolutionary War. American issues.

3. Imagine that you were living in the 7. In the newspaper, find an article or colonies in the 1770s. Write a speech picture showing a group that has arguing why the laws passed by decided to advocate for change in Parliament violated your rights. Then, public policy. Collect articles related imagine that you were a Member of to the issues addressed by this group. Parliament. Write a speech arguing Write a report on the group, the policy why these laws were necessary. issue, and the outcome. Present your speeches to the class. 8. Review several letters to the editor in 4. Create a timeline of the important today’s newspaper and create a list of events discussed in this lesson. characteristics of a good letter to the Illustrate your timeline with editor. Pretend you are a member of drawings. the group you have been following for activity 7 and draft a letter to the editor stating your position on the issue involved. 68 What basic ideas about government are in the Declaration of Independence?

LESSON One of the most important documents in American PURPOSE8 history is the Declaration of Independence. It summarizes the colonists’ basic ideas about government. The Declaration lists the colonies’ complaints against the British government. The Declaration also explains the reasons why the colonies decided to declare their independence from Great Britain. When you finish this lesson, you should be able to explain the main ideas that are in the Declaration of Independence.

TERMS TO UNDERSTAND abolish Loyalists natural law self-evident Tories unalienable rights

Why was the Declaration Robert Livingston, and a young Virginian named Thomas Jefferson. Jefferson of Independence written? was a man of many talents. He was a On June 7, 1776, the Continental statesman, diplomat, author, architect, Congress called for the colonies to declare and scientist. He was a member of independence from Great Britain. The the Continental Congress during the Congress had to inform the British and Revolutionary War. Jefferson was a the world that the colonies were now free quiet, shy man, not known as a great and independent states. The Congress speaker. He worked well in small groups wanted to be sure that the reasons for its and was an excellent writer. The com- actions were clear. mittee chose Jefferson to write the first A committee to draft the Declaration draft of the Declaration of Independence. of Independence was quickly appointed. Why do you think Congress Members of the committee were Benjamin appointed a committee to draft the Franklin, John Adams, Roger Sherman, Declaration of Independence? Jefferson spent many days writing. He discussed the draft with other members of the committee. They suggested changes and Jefferson made the revisions. When the committee finished its work, they sent the document to Congress. On July 4, 1776, the members of Congress passed the Declaration of Independence. How is the Declaration of Independence organized? The Declaration is not a very long document. It is easy to understand when you see how it is organized. The Declaration has four important parts.

• Ideals. The Declaration sets forth the Founders’ beliefs about the Why do you think the Founders wanted a purposes of government. It explains written Declaration of Independence? how government is created. It is one of the best statements of • Arguments. The Declaration gives the ideals of our nation. the reasons why the colonies thought they were justified in breaking away from Great Britain.

• Complaints. The Declaration includes a list of complaints against the British king. The items on the list are there to show how the British government violated the rights of the colonists.

• Conclusion. In the end, the Declaration states that the bond between Great Britain and the colonies is dissolved. It states “that these United Colonies are, and of Right ought to be, According to natural rights philosophy, what do the Free and Independent States.” people have a right to do when the government breaks its contract with them? 70 What principles of What reasons does government does the the Declaration give Declaration include? for independence? The Declaration of Independence The Declaration was a justification sets forth some of the most important for the American Revolution. Jefferson ideals of our nation. The Declaration used the ideas of the natural rights states that “all men are created equal” philosophy in this argument. The main and that they all have certain basic points of the argument are listed below. rights. These are the rights to life, See if you can identify its relationship liberty, and the pursuit of happiness. to the natural rights philosophy.

1. The rights of the people are based Part of the Declaration is printed below. on natural law. This means that We hold these Truths to be self- there is an unchanging set of laws evident [easy for anyone to see], that that govern human relations. all Men are created equal, that they are Natural law is a higher law than endowed [given] by their Creator [God] law made by man. The Founders with certain unalienable Rights believed that natural law came from [rights that cannot be taken away], God. No constitution or government that among these are Life, Liberty, and may violate the natural law. The the Pursuit of Happiness—That to only purpose of government is to secure these Rights, Governments are protect the people’s natural rights. instituted [established] among Men, 2. If a government violates the natural deriving [receiving] their just Powers law, the people have the right to from the Consent [agreement] of the change or abolish—put an end to— Governed, that whenever any Form of that government and form a new one. Government becomes destructive of these Ends [purposes], it is the Right of the 3. An agreement existed between the People to alter or to abolish [overthrow colonists and the king. The colonists or put an end to] it, and to institute new consented to be governed by the Government. king so long as he protected their rights to life, liberty, and property.

What ideas from John Locke did 4. No agreement existed between the Jefferson include in the colonists and Parliament. Therefore, Declaration of Independence? Parliament had no right to govern the colonies or to tax them. This was especially true, argued the colonists, since they did not have the right to send representatives to Parliament. 71 5. The king violated his agreement with Why did some colonists the colonists. The king acted, along want to remain British with Parliament, to deprive the colonists of their rights. Therefore, subjects? the colonists had the right to with- To rebel against the British government draw their consent to be governed by was a serious matter. After all, generations the king. The colonists were free to of colonists had been loyal to Great Britain. establish their own government. It is understandable, then, that some people did not support the Revolution. What complaints The colonists were almost evenly divided against the king does into those who supported the Revolution, those who did not, and the undecided. The the Declaration include? people who remained loyal to the king were The Declaration contains a long list of called Loyalists or Tories. They held deep complaints against the British king. For feelings of loyalty to the home country. example, the Declaration accuses the king of Many Loyalists were large landowners, wealthy merchants, or officials of the king. • refusing to approve laws The Loyalists did not like British taxes or necessary for the public good other limits on their freedom any more than • seeking to destroy the Patriots did. But, they did not think that the colonial legislatures breaking away from Britain was the answer to these problems. • obstructing justice by refusing Some colonial families split apart when to give certain powers to the the Revolution began. Family members colonial courts chose sides. Some became Patriots, those • keeping standing armies in who supported the Revolution. Some time of peace remained loyal to Britain. For example, Benjamin Franklin was a Patriot. His son • requiring the quartering or was a Loyalist. housing of British soldiers Many Loyalists joined the British army • imposing taxes without the and fought for the king. Some Loyalists consent of the people to be taxed moved back to Great Britain while others went to Canada or the West Indies. Those • cutting off trade between the Loyalists who remained in the colonies had colonies and all parts of the world a hard time. Sometimes their property was • in some cases, denying the taken from them. Sometimes they were colonists the right to trial by jury humiliated or put in jail. Even so, the Loyal- ists as a group suffered less than dissenters in other revolutions.

72 IDEAS FOR DISCUSSION

What ideas about government are in the Declaration of Independence?

Work with a partner or in groups of three. Each group should examine the text of the Declaration of Independence and select three complaints against the king. Groups should then complete the following steps and report their findings to the class.

• Rewrite the complaint in your own words.

• Explain the basis of the colonists’ complaint.

• Explain what ideas about government are implied by each complaint.

73 SOLVE THE PROBLEM

Would you favor or oppose independence? Both the Patriots and the Loyalists held strong opinions about the Revolution. Patriots and Loyalists Why do you think such bitter feelings came from all sections of American life. arose during the Native Americans were forced to choose debate between sides in the struggle. African Americans the Patriots were Loyalists as well as Patriots. and the Loyalists? Your class can debate both sides of the issue. Work in four groups. Two groups support the revolutionary cause and two groups oppose it.

SUPPORTERS OF THE REVOLUTION SUPPORTERS OF THE BRITISH PATRIOTS LOYALISTS

Group one.You are members of the Group three.You are landowners, state legislature, writers, scientists, shipbuilders, shopkeepers, and their and their friends and families. Write friends and families. Write letters to letters to your family or the editor of the editor of a colonial newspaper a colonial newspaper defending the explaining why the British actions actions of the Second Continental were justified. Read your letters Congress. Read your letters when it aloud when it is your turn to speak is your turn to speak in the debate. in the debate.

Group two.You are backcountry Group four.Your group is composed farmers, trappers, and schoolteachers. of colonial officials such as Draw editorial cartoons defending magistrates, sheriffs, soldiers, and the American position in the conflict their friends and families. Draw with Great Britain. Display your editorial cartoons supporting your posters on your side of the debate area. ideas about loyalty to England. Display your posters in your side of the debate area.

74 LESSON REVIEW 1. What were the reasons for writing 6. What does the Declaration say people the Declaration of Independence? have the right to do if a government does not protect their rights? 2. What are the four parts of the Declaration of Independence? 7. What do the following phrases from the Declaration mean? 3. What arguments does the Declaration make in support of the colonies’ independence? • “all men are created equal” • “consent of the governed” 4. What complaints did the colonists have against the king of Great Britain? • “self-evident”

5. What is the purpose of government as • “unalienable rights” described in the Declaration of Independence?

ACTIVITIES

1. Rewrite the first two paragraphs of how people try to exercise their “unalienable the Declaration of Independence in rights” to “Life, Liberty, and the Pursuit of contemporary language. Share your Happiness.” How do the articles show revision with the class. people trying to make their lives secure, utilizing their liberty or freedom, and 2. Read a novel about the Revolutionary pursuing happiness? Do most people War, such as April Morning, Johnny achieve success in making a meaningful life Tremain, Cast Two Shadows, or filled with liberty and happiness? What My Brother Sam Is Dead. obstacles stand in the way? Write a mission Select a character from the story. Explain his statement with goals for your own life or her opinions about the Revolutionary War. defining how you plan to use these rights to 3. Play the online game “Liberty Or Loyalty” make a meaningful life for yourself. http://www.history.org/history/ 6. Divide the class into three groups. Assign teaching/revolution/a1.html each group a section of a bulletin board 4. The Declaration of Independence declares with the following titles: Freedom of that “all men are created equal.” Collect Assembly, Trial by Jury, Freedom of newspaper articles that either confirm or Speech. Each group is to search the challenge the idea that people have equal newspaper for current examples of opportunity in our society. Write an essay these freedoms. based on the articles on whether people As each article or photo is placed on the actually have equal opportunity in this bulletin board, the group must create, on a country. 3 X 5 card, a short explanation of the freedom being shown and its importance. 5. Find news stories that provide examples of 75

What happened during the American Revolution? How did the government function?

LESSON PURPOSE In this lesson, you will learn what happened during the 9 American Revolutionary War with Britain. You will also learn about the significance of the war for the rest of the world. You will learn about the difficulties of the colonists during the war and the role played by diplomacy. When you have finished the lesson, you should be able to explain the course of the war and how the colonial armies overcame extreme difficulties. You should also be able to explain some problems of government that Congress had to deal with during the war.

TERMS TO UNDERSTAND Battle of Saratoga Treaty of Paris diplomacy Yorktown Surrender Quebec Campaign Second Amendment “The Shot Heard ’Round the World” treason

How did the Revolutionary reminds us that citizens are sometimes called upon to perform service to their War begin, and what was its nation. Calling upon the citizen militia significance? as Revere did also gives us insight into why the Founders added the Second The night before fighting broke out, Amendment to the Constitution. The Paul Revere made his famous midnight Amendment says that “a well-regulated ride. He warned members of the citizen militia being necessary to the security of a militia, called Minutemen, to get ready free State, the right of the people to keep to fight. They gathered in Lexington and and bear Arms shall not be infringed.” Concord. The role of the citizen militia The Revolutionary War, which lasted soldiers often went unpaid, unfed, for six long years, ended in victory for the and without uniforms. former American colonists. You learned in To finance military expenses, Lesson 7 that the first shots were fired on Congress decided to issue paper money. April 19, 1775. That morning, skirmishes But the paper was not backed by any between American colonists and British precious metal. Therefore, it could not soldiers broke out. The gunfire that hold a steady, reliable value. Paper money opened the fighting later became known did not solve the problem of lack of funds, as “the shot heard ’round the world.” which remained for the whole war. People said this because news of the Congress tried to remedy the lack of a American rebellion and its demand for legal basis for its existence. In November independence spread all over the world. 1777, Congress passed the Articles of Many nations eventually made the same Confederation. It was the country’s first demand of their own colonial rulers. The constitution. But the states took their American Revolution changed world time in agreeing to the new frame of history. Achieving independence, howev- government. It was not until March 1, er, was far more difficult than declaring 1781, when the fighting was nearly over, it. Success often seemed impossible, but that the Articles took effect. Even then, the Americans did not give up. the Articles did not solve the problems of the new national government. You How did Paul Revere’s ride affect will learn more about the Articles of the American Revolution? Confederation in Lesson 11.

What did the Second How successful were the Continental Congress Americans at the beginning do to direct the Revolution? of the Revolutionary War? On July 4, 1776, Congress issued its At the beginning of the war, the formal Declaration of Independence, making Americans were not successful. They a complete break from Britain. There was invaded Canada in the Quebec Campaign no turning back. The Continental of 1775–76, but failed. Then in August Congress endured great difficulties in 1776, in the Battle of Long Island, near New trying to govern during the Revolution. York City, the British defeated George There were many arguments among the Washington. But, he managed to save most delegates to the congress. Because it did of his troops from capture. This occurred not have a legal charter for its existence, only two months after independence was the congress could not force the former declared. colonies, now independent states, to pay The military situation was bleak. the costs of fighting the British. So, Washington understood how grave matters were. He tried to rally the former colonists, 78 about a third of whom were against Germantown and Brandywine Creek. In the independence and another third were same year, the British tried to strangle the neutral, to the cause of fighting for Revolution by cutting the colonies in two. independence by making daring raids on They took control of the Hudson River, British positions. Near the end of which ran through New York. But the December, he crossed the ice-choked British failed. Instead, the Americans scored Delaware River and won small battles at a victory in the Battle of Saratoga. Arms Trenton and Princeton, New Jersey. But and supplies secretly sent by the French prospects for the American cause were poor. government through a private arms The troops needed food, their pay, and merchant arrived in time to help the equipment. Americans. This may have been the In 1777, Washington lost more encoun- Revolution's most important campaign. ters with the British in Pennsylvania at The British plan had been defeated.

What problems were faced by the Continental Congress? 79 IDEAS FOR DISCUSSION

The Second Amendment to the U.S. Using library and Internet resources, Constitution states: “A well regulated work in small groups to answer the Militia, being necessary to the following questions. Share your answers security of a free State, the right of with the class. the people to keep and bear Arms, shall not be infringed.” 1. In 1791, when the Second Amendment was passed, why did Senator Orrin Hatch (R-UT) has the nation seek to protect liberty written: “When our ancestors forged a by protecting the right to keep land ‘conceived in liberty,’ they did so with and bear arms? What historical musket and rifle…as a nation of armed background and circumstances led freemen…[and] they devoted one full them to this conclusion? Do you amendment out of ten to nothing but the think the Second Amendment is as protection of their right to keep and bear important today as it was in the arms against governmental interference.” eighteenth century? Explain your answer.

80 IDEAS FOR DISCUSSION

2. In a 1998 U.S. Supreme Court 3. At present, no one can legally case, Justice Ruth Bader Ginsburg possess certain kinds of firearms pointed out that the text of the such as fully automatic assault Second Amendment refers to the weapons. What limitations, if any, right to keep and bear Arms. Since do you think should be placed to bear arms means to carry upon the right to keep and bear them—not just to possess them arms? How would you justify should citizens in every state be your position? allowed to carry firearms on their person? Should they be able to keep them in vehicles? Why or why not?

81 What happened at Valley What part did diplomacy play Forge, Pennsylvania, during in the outcome of the war? the winter of 1777–78? Events happening elsewhere, however, eventually turned the tide in No one could see the importance of the Americans’ favor. Perhaps the most Saratoga until much later. In the important event of 1778 occurred across meantime, conditions for the American the Atlantic in France. Congress had army became desperate. Soldiers sent Silas Deane to France in 1776. suffered terribly from lack of food and He was successful in gaining arms and shelter during the winter of 1777–78 supplies as well as the services of at their quarters in Valley Forge, competent military officers. Pennsylvania. But American spirits did Later, however, Congress sent not give out. Martha Washington joined Benjamin Franklin to Paris, the capital her husband, sharing the hardships of a of France, to seek aid. Franklin’s fame cold and bleak winter. She did what she as a writer and scientist preceded him. could to assist the troops. She organized a The French, who were sworn enemies of campaign for supplies that the soldiers the British, admired him. For his part, desperately needed. She was aided in her Franklin showed great skill in diplomacy. efforts by Benjamin Franklin’s daughter, Diplomacy is the practice of carrying Sarah Franklin Boche. Together, they on formal relationships with governments collected 2,200 shirts and 400 pairs of of other countries. The official represen- stockings for the freezing men. tatives of countries meet and discuss During this winter in Valley Forge, issues important to their governments. Baron von Steuben, a German volunteer, They work together in a peaceful manner gave important assistance by training to find solutions to common problems. the cold, ragged, half-starved soldiers. In 1778, aided by the American victory He raised their morale and helped make at Saratoga, Franklin secured formal them into an effective fighting force. Some treaties between France and the United troops deserted, but others endured the States. The new alliance ensured the terrible cold and hunger. The young French assistance of the French army and navy. aristocrat and military commander the Making the most of his enormous Marquis de Lafayette, who was devoted popularity among the French, Franklin to the American cause for independence, asked for loan after loan and was never also spent the winter at Valley Forge. refused. Franklin was not above hinting When spring arrived, the American that the colonists might make peace with forces, though in tatters, had endured. Britain, France’s enemy, if the Americans did not receive what they needed. In How did Martha Washington contribute the end, French loans, soldiers, and, to the success of the Revolutionary War? especially, its navy were critical for the final victory in 1781. 82 What happened in the South animals. By the end of the war, she was during the war? economically ruined.

Little fighting took place in the Middle How did the Revolutionary Atlantic region after Saratoga. In 1778–79, War turn in the Americans’ fighting shifted to the western frontier favor and come to an end? area, now Indiana, and to the South. Military campaigns took place in North By the early 1780s, military matters and South Carolina and in Georgia, where in the South turned for the better. In 1780, Savannah fell to the British. In South American forces had defeated the British Carolina, Charleston had resisted two at King’s Mountain, South Carolina. In British attacks. But in 1780 it, too, fell to the following year, American commanders the British. forced the British army under Lord Things were not going well with the Cornwallis to leave the Carolinas and American army in other parts of the former retreat to Virginia. Cornwallis soon found colonies. In 1780, the Americans had to his armies trapped on the Yorktown endure the treason, the betrayal of one’s Peninsula. With the French navy blocking country, of General Benedict Arnold the way, the British were unable to when he defected to the British. Com- retreat by water. plaints about the inefficient government Lafayette led American troops in of Congress were voiced. Congress did containing the British on land. To the not have the authority to raise money for north, combined American–French forces the war from taxes. The government marched south from New York to Virginia. could only beg for funds from the states, On October 17–19, 1781, seeing that but received little. Conditions regarding their position was hopeless, the British food, clothing, and pay were so poor that forces under Lord Cornwallis finally in January 1781, the soldiers could stand surrendered at Yorktown. The fighting it no longer and they rebelled. was over. Two years later, in 1783, a In the South, where most of the fighting formal peace treaty, known as the was now taking place, there were great Treaty of Paris was signed. A treaty hardships. One example is that of Eliza is an official agreement between Lucas Pinckney. She was a plantation two or more countries. American owner famous for growing new crops to independence was formally recognized. avoid dependence on cotton. When war broke out, Pinckney refused to follow her economic interests. Believing in the ideas of political liberty, she supported the Revolution. But she paid dearly for her views. The British took over her mansion, burned her crops, and killed her farm 83 LESSON REVIEW

1. What was the significance of the 4. How did the Congress attempt to Revolutionary War for the world? provide a legal basis for its authority?

2. How well did the American army 5. What role did diplomacy play in the War? do during the early part of the What was Benjamin Franklin’s role? Revolutionary War? How did the army stay together during the worst 6. How important was the assistance times? Who helped the soldiers? of France in the American victory?

3. What problems did the Second 7. What military campaigns led up to Continental Congress have during the the end of Revolutionary War? War? What did it do to attempt to deal with them? ACTIVITIES Listed below are examples of those who 1. Find newspaper articles about played significant roles in the American revolutions or wars that are going on Revolution during the years leading to throughout the world. Were these the outbreak of fighting and during the conflicts started by people or groups that Revolutionary War. They did so through believe their rights have been violated? either political, diplomatic, military lead- What are the goals of those that started ership, or other means. Look up at least the conflict? Which conflicts do you one person in each group and find out think are legitimate based on violations who they were and why they are famous. of rights and which are efforts to increase power or territory? Write a Abigail Adams George Mason John Adams Robert Morris report on the reasons for these conflicts, Samuel Adams Thomas Paine answering the questions above and Crispus Attucks Eliza Lucas Pinckney comparing them to the reasons why the Benjamin Franklin Molly Pitcher colonists started the Revolutionary War. Horatio Gates Paul Revere 2. You have learned that Benjamin Nathaniel Greene Deborah Simpson Franklin’s diplomacy in France helped John Hancock Haym Solomon Patrick Henry Mercy Otis Warren the colonists secure funding and Agrippa Hull George Washington support that was vital to winning the Thomas Jefferson Martha Washington Revolutionary War. Find newspaper Henry Knox “Mad” Anthony Wayne articles that show the diplomacy that the United States employs with Foreign supporters who participated in various countries today. What are the significant ways in the Revolutionary goals of the diplomatic efforts of the War include: United States? Do these efforts appear Marquis de Lafayette (French) to be succeeding? Based on the Thaddeus Kosciuszko (Polish) articles, write an editorial or essay on Baron Friedrich Von Steuben (German) how you think the United States John Paul Jones (English) should conduct diplomatic efforts. 84 How did the states govern themselves after the Revolution?

LESSON Shortly after the start of the Revolutionary War in 1775, 10PURPOSE many of the new states began to write their constitutions. In this lesson you will learn about these new state constitutions. You will explore the basic ideas on which the new governments were founded. When you finish the lesson, you should be able to describe those basic ideas. You should also be able to explain the major differences between the Massachusetts constitution and the constitutions of the other states.

TERMS TO UNDERSTAND legislative supremacy popular sovereignty veto

What were the basic ideas political philosophy. They also used what they had learned from their own experience about government in the with colonial and British government. state constitutions? The ideas they included in the state constitutions were not new. Most of the After the Declaration of Independence, ideas had been used in the governments British government in the colonies came of the colonies. The Founders tried to to an end. The colonies were free and design their new governments with the independent states. Each state would best ideas from the past. Their experi- have to create a new government. ences with these state governments The people wanted state governments would help them design the Constitu- that would protect their basic rights and tion in 1787. promote the common good. When they These are the basic ideas that began to write their state constitutions the Founders included in their state they used the ideas they had learned from constitutions. 1. Natural rights and higher law. adopted the idea that the people The purpose of government is to are the source of the authority of protect the rights of citizens to life, government. The people delegate liberty, and property. Each state their authority to government. constitution was a higher law Government gets its right to that everyone had to obey. govern from the people.

2. Social contract. Each state made 4. Representation.Each state con- it clear that it believed that sidered it very important that the government is formed as a social legislature be made up of elected contract. The people agreed to form representatives of the people. In a government to protect their most states, the right to vote was natural rights. limited to white men who owned property. About seventy percent of 3. Popular sovereignty. The term the white men in America owned sovereign means to have the highest enough property to be able to vote. authority or power. Popular sover- In contrast, only about ten percent eignty means that the people are were eligible to vote in Great Britain. the highest authority. All the states

Why do you think most states required people to own property in order to be eligible to vote? 86 5. Separation of powers. All the Despite checks on the power of the states used some form of separation legislative branch the legislature had of powers. They divided government far greater power than the other two into legislative, executive, and branches of government. Legislative judicial branches. supremacy led to some serious problems in most states. 6. Checks and balances. Although the states favored a strong legislature, • State governments did not protect the constitutions did provide for the property rights of some citizens. some checks. Most of the checks In these states, factions—groups of were within the legislatures them- people who seek to promote their selves. Most legislatures had two own interests—gained control houses. Each house could check of the legislature. The factions the power of the other. The people were accused of making laws that also could check the power of the benefited themselves rather than legislatures. The voters could elect the common good. They passed new representatives to both houses laws that canceled debts and they if they did not like the way the created paper money. These laws government was working. benefited the people who owed money and hurt those who had 7. Legislative supremacy. The major- loaned it to them. ity of the states set up governments in which most of the power was given • The state legislatures passed to the legislature. This system of laws that taxed and controlled their government is known as legislative citizens far more than the British supremacy. The Founders believed had done. The level of taxes during that because the people elected the the 1780s was ten to twenty times legislature, it was the most demo- what it had been before the cratic branch of government. Revolution. They were afraid of giving too much • Many new state laws were passed power to the executive branch. which interfered with the private They remembered how the royal lives of the citizens. Laws were governors and the king had abused passed telling people what they their power. So most of the state should eat, drink, wear, and believe. governors were given very limited power.

In what ways did state constitutions What problems might arise if each state limit the power of the governor? could print its own paper money?

87 IDEAS FOR DISCUSSION

How was power distributed by the state constitutions?

Look at the two illustrations on this Legislative page and answer the questions that follow. Share the answers with the class.

1. How was power distributed in most states?

2. Compare the distribution of power in Massachusetts with the distribution of power in the other states. How is the distribution of power different in Massachusetts? Judicial Executive 3. What might be the advantages and disadvantages of giving most of the power of a government to the legislature? Most States

4. What might be the advantages and disadvantages of the system of government in Massachusetts?

Executive Legislative Judicial Massachusetts 88 What was important of legislative supremacy to protect people’s rights. The Massachusetts constitution, about the Massachusetts however, distributed power more evenly constitution? among the branches of government. The governor had more power and was more Massachusetts was the last state to independent of the legislature. This was write its constitution. The citizens adopted possible because the people elected the the state constitution in 1780. The people governor directly. The people expected there had learned some important lessons the governor to protect their interests. from the experiences of the other states. Here is how some of the powers of They used this knowledge in creating the governor of Massachusetts were their state government. balanced in relation to the legislature. Most of the other states used the idea

Did the Massachusetts constitution contradict the idea of popular sovereignty? Why or why not? 89 constitution and those that were What were the strengths and written earlier were a result of these weaknesses of the experiences. Massachusetts constitution? What were the state • The governor received a fixed salary. declarations of rights? His salary could not be changed by the legislature. The states did not depend solely on a system of separation of powers to protect • The governor could veto–refuse people’s rights. The first part of most state to sign–proposed laws put forth constitutions was a declaration of rights, or by the legislature. A two-thirds bill of rights. This section of the constitu- vote of the legislature was needed tion listed the basic rights of citizens. to override his veto. Listing the rights of the people first • The governor could appoint showed that citizens had certain basic officials in the executive branch. rights that existed before the creation of He could also appoint judges in the government. No constitution or the judicial branch. government could take away these rights. Although the declarations of rights were The Massachusetts constitution also different from state to state, they were all divided the people into voting groups based on the idea that people have cer- based on their wealth. They expected tain basic rights that must be protected. that government would then more accurately represent the interests of What important ideas the groups that elected them. are in the Virginia • Only people with a large amount of property could vote for both the Declaration of Rights? governor and the legislature. Virginia was the first state to adopt a • People with slightly less property bill of rights. George Mason wrote most of could vote for both the upper and the Virginia Declaration of Rights. Mason lower houses of the legislature. later was opposed to the U.S. Constitution because it did not include a bill of rights. • People with the minimum amount In writing Virginia’s bill of rights, Mason of property could only vote for the relied on the writing of John Locke and lower house of the legislature. the ideas of republican government. The experience of writing state The Virginia Declaration of Rights constitutions was a useful one to the stated that Founders. Americans were learning what • all power comes from and is kept type of government worked best. The by the people differences between the Massachusetts 90 • all men are by nature equally free • the right to vote by men who met and independent; they have certain certain property qualifications basic rights that no social contract • free and frequent elections can take away • freedom of speech and the press • government is created for the common good, protection, and safety • the right to petition government of the people; if a government does • no taxation without representation not serve these purposes, the people have an unalienable right to alter All the states’ bills of rights included or abolish it rights for people accused of a crime. These included the right to have The Virginia Declaration of Rights also listed many of the rights that we • an attorney enjoy today. These include the right to • a jury trial • trial by jury • protection from illegal searches • protection against forced and seizure self-incrimination • protection against forced • protection against cruel self-incrimination and unusual punishments • protection from excessive bail • freedom of the press and fines

• free exercise of religious beliefs • protection against cruel and unusual punishment

Why do you think most states included Most of the states’ bills of rights protections against cruel and unusual expressed a fear of standing armies. The punishments in their constitutions? bills of rights condemned standing armies in time of peace and the What rights quartering of soldiers in civilian homes. were protected in Many bills of rights included the right of citizens to bear arms. The Vermont bill of the other states? rights was the first to outlaw the practice Most states adopted bills of rights of slavery. like Virginia’s. Some states’ declarations also included the idea that civic virtue What is the importance of freedom was essential to preserving freedom. of speech and press? The states’ bills of rights were different in the rights they chose to include or leave out. Most included such political guarantees as 91 LESSON REVIEW 1. What basic ideas about good 4. How did the Massachusetts consti- government were included in the tution differ from the constitutions state constitutions? of other states? Why was this important? 2. Why did Americans believe that the legislature was the most 5. What was the Virginia Declaration democratic branch of government? of Rights? What rights of citizens did it include? 3. Why did some Americans distrust the executive and judicial branches 6. What rights did the state constitu- of government? tions protect?

ACTIVITIES

1. These are a few examples of 3. Find a copy of your state’s constitution. the rights listed in the Maryland What are some of the rights that constitution of 1776. Examine each your state constitution protects? and write a brief explanation of How does your state constitution what the right means and why compare with the Virginia it is important. Declaration of Rights?

• That every man hath a right 4. Each day for a week review the to petition the Legislature, for current day’s newspaper and cut out the redress of grievances, in a at least one article about issues peaceable and orderly manner. dealing with your state government. Paste each on a separate page in a • That no…tax…ought to be notebook. Below each article write a set…without consent of the short summary of how the article Legislature. relates to how your state constitution • That no freeman ought to be addresses each of the following basic taken, or imprisoned…or deprived ideas: of his life, liberty, or property, but • Higher law and natural rights by the judgment of his peers, or • Social contract by the law of the land. • Popular sovereignty • Representation and the right to vote • That the liberty of the press • Legislative supremacy ought to be inviolably preserved. • Checks and balances 2. Create a news interview set in 1780. Interview your classmates acting as At the end of the week create a chart representatives of the states of showing how many examples of each Massachusetts and Virginia. During of the concepts listed above were the interview, the representatives found. Below the chart write a short should discuss the differences between summary of how your state their state constitutions and why constitution reflects the basic values they are important. expressed in the U.S. Constitution.

92 How did the Articles of Confederation organize the first national government?

LESSON Our first government, the Continental Congress, drew up a 11PURPOSE constitution stating its powers. This constitution was called the Articles of Confederation. In this lesson you learn about some of the problems the Founders faced in creating our first national government. You will learn about the successes of the first national government. You also will learn about the weaknesses of government under the Articles and why some people believed that a new constitution was necessary. When you finish this lesson, you should be able to explain how the Articles organized the national government. You should also be able to explain how the problems with the Articles caused the Founders to write a new constitution.

TERMS TO UNDERSTAND Articles of Confederation national government Northwest Ordinance of 1787 Shays’ Rebellion

What are the Articles manage conflicts among the states. The states also needed to be united in how of Confederation? they related with the rest of the world. Once the war against Great Britain On June 7, 1776, Richard Henry Lee had started, each state was like a separate introduced two proposals to the Second nation. Each state had its own constitu- Continental Congress. In one, Lee pro- tion and government. To the people, posed independence from Great Britain. their state was their country. In the other, Lee proposed a national The Founders believed that a national government to unify the states. Both res- government was needed to unify the states olutions were adopted. and to conduct the war. A national gov- Our nation’s first constitution was the ernment could also control trade and Articles of Confederation. The Articles created our first national government. most important issue was how states Congress adopted the Articles in 1777. would vote in Congress. Would each Final approval by the states occurred state have one vote? Would states with in 1781, and then the Articles came greater population or wealth have more into effect. votes than the other states? Decisions in the Congress would be made by majority Why did the Founders believe that a vote. Some leaders were afraid that the national government was necessary? majority would use its power for its own interest at the expense of those who were What problems did in the minority. the Founders face in Why did some Founders fear that some states would have more power in a writing the Articles national government than others? of Confederation? How did the Articles of It was not easy to write and agree upon a constitution for the United Confederation organize States. The Founders had to deal with a the national government? number of difficult questions. What type of national government should they create? The Founders did agree that the states How much power should they give it? needed a central government. Their The first problem the Founders faced solution to fears of a strong national was the people’s fear of a strong national government was to create a weak one. government. Americans believed that the The national government under the British government had deprived people Articles of Confederation was simply of their rights. They thought this was a legislature, Congress; there were likely to happen with any national govern- no executive or judicial branches. ment that was both powerful and far away The states were afraid that Congress from the people. Citizens were convinced might be able to control them. So they that government should be close to the made sure that Congress was weak and people. That way the people could control its powers limited. The Articles left most their government and make certain of the powers of government with the that it did not violate their rights. states. The national government had The second problem the Founders faced little power over the states and their was the fear that some states would citizens. Every action taken by Congress have more power in a national govern- had to be with the consent, approval, and ment than other states. The leaders in cooperation of the states. each state wanted to make sure that a To solve the problem of representa- national government would not threaten tion, the Articles gave each state one their state’s interests. As a result, the vote in Congress. The more populous 94 Why did the Founders keep the power of the national government weak? states did not have more than one vote. • It negotiated the peace treaty, known The Articles also provided that on as the Treaty of Paris, to end the important matters, such as declaring American Revolution. war, nine states would have to agree. • It provided that each state recognize This way, the seven less populated the laws of the other states. For states could not outvote the six example, a marriage in one state larger states. would be valid in all other states. A citizen could travel freely from one What did the national state to another. Criminals who had government achieve under crossed state borders could be sent back to the state in which they the Articles of Confederation? committed their crime. Despite a weak central government • It passed the Northwest Ordinance under the Articles of Confederation, the of 1787. This was the most important national government was responsible for a law passed by Congress under the number of important achievements. Articles. It gave people in the north- western lands the right to organize • It successfully waged the war for their own governments. Once they independence against Great Britain. had done this, they could ask to be admitted as new states with the 95 What problems did the country experience under the Articles of Confederation? Governing the nation under the Articles of Confederation was difficult. Here is a list of some problems the nation experienced. • Congress did not have any money and it did not have the power to raise money. Congress had no power to tax. All Congress could do was to ask the states to pay certain amounts to support the costs of the national government. The states argued about paying their fair shares of govern- ment expenses. Some states refused to pay. Congress could do nothing to force a state to pay its fair share. • Congress had no power over the state governments or their citizens. State governments and individual What problems did Congress face citizens often ignored the laws without the financial support of the states? passed by Congress. Congress had no way to make people obey its laws.For example, at the end of the same rights as the original thirteen Revolutionary War Congress states. The law also provided for signed a treaty with Great Britain. public education and forbade slavery. In the treaty, Congress promised to The western settlers were respect the rights of the Loyalists guaranteed freedom of worship, and ensure that they were treated the right to trial by jury, and due fairly. Some state governments process of law. refused to respect the treaty. Those states refused to return property These were major accomplishments. they had taken away from the There were serious problems with the Loyalists. These states also refused national government, however, that led to to force payment of money owed to the decision to develop a new constitution. the Loyalists before the start of the war. Thus, the national govern- Why was it important that the early settlers ment was unable to live up to its had the right to public education? promise to the British. 96 • Congress could not make the states Why was Shays’ Rebellion live up to trade agreements with other nations. Sometimes citizens important? imported goods from other countries By 1786, many Americans were in and then refused to pay for them. financial trouble. Businesses failed, trade This made people in foreign countries suffered, and many people were in debt. unwilling to trade with the United Soldiers who had fought in the Revolu- States. Many Americans lost money tion still had not been paid. Congress because they could not sell their could not control the country and people goods to people in other nations. worried about what would happen. • Congress had no power to regulate Farmers in Massachusetts had serious trade among the states. Congress economic problems. Farm prices were had no power to make laws regulating low, and when farmers could not pay trade among the states. States taxed their debts, many lost their farms and goods going from one state to another. homes. Some were even put in prison. Trading often became impossible. Many people claimed that the new state Business slowed down and people taxes had put them in debt. As a result, lost their jobs. they felt that the state was not protecting • Citizens thought that their property their interests. rights were threatened. Many people Then a dramatic series of events that believed that the states were not became known as Shays’ Rebellion, protecting the property rights of their finally convinced many Americans that it citizens. Some people in the states was time for a change. In an attempt to had formed factions to promote their keep the state from taking their farms, own interests at the expense of the the local farmers under the leadership common good. These factions with of Daniel Shays began to close down the special interests became the majority courts where their cases were heard. The in some state legislatures. People action against the courts spread to other accused the factions of making laws towns and into neighboring states. to benefit themselves while ignoring In January 1787, Shays led 2000 the property rights of the minority. rebels to Springfield, Massachusetts, to For example, they passed laws that raid the federal arsenal for weapons. canceled debts for those who were Shays’ Rebellion frightened many members of the faction and other laws property owners. People feared that the that confiscated the property of people actions of the farmers might become who had been Loyalists. People who widespread. The national government were hurt by such laws argued that the had been unable to put down the states were not protecting the property rebellion. People were asking how the of all citizens. Many people thought country could continue to exist if it that a strong national government could not maintain law and order. was needed to protect property rights. 97 How did Shays’ Rebellion Everyone who was there, however, agreed that the regulation of trade could force people to examine not be discussed separately from the larger the weaknesses of the political issues. The general discontent national government? was leading to outbreaks of violence such as those led by Daniel Shays. The delegates In January of 1786, Virginia had invited decided to write a report for Congress. In all the states to send delegates to a meeting the report, they asked for a convention of to be held in Annapolis the following all the states. September. The purpose of the meeting After much debate, Congress agreed and was to consider trade problems. Only five invited the states to send delegates to a states sent representatives to the Annapolis convention in Philadelphia. This meeting meeting. Without the other states present, would be “for the sole and express purpose the delegates who did attend the meeting of revising the Articles of Confederation.” were not able to accomplish much.

What did Daniel Shays and his followers hope to gain by their rebellion? 98 SOLVE THE PROBLEM

Is a new constitution needed? • Group two. Argue to throw away the Articles and write a new constitution. Imagine that your state is preparing to Examine the arguments against a select delegates to send to the convention weak national government and the in Philadelphia. Your state has to decide problems with the Articles listed in what position its delegates will take this lesson. Examine the events of regarding the Articles of Confederation. Shays’ Rebellion as one example of A heated debate is taking place. Some problems that might arise when there people argue that the Articles are fine is no strong national government. as they are. Some people want to make Explain why you believe that the changes to the Articles. Others want to nation needs a new constitution. throw away the Articles and write a new constitution. • Group three. Organize the class Your class will work in three groups to debate. While the other students are debate this issue. preparing their arguments, you should research debate procedures. During • Group one. Defend the Articles of the debate, listen to the arguments Confederation as the best way to presented by the other two groups. organize the national government. Then decide the position of your You should rely on the arguments state’s delegates based on the strong- in favor of a weak national govern- est evidence presented. You may ment and strong state governments. want to review other lessons to help Examine the successes of the you make your choice. national government under the Articles. Argue that the Articles should be kept, but revised to make up for their weaknesses. Propose possible revisions.

99 LESSON REVIEW

1. Why did the people in the newly 4. What did the national government independent states fear a strong achieve under the Articles of national government? Confederation?

2. What are the Articles of Confederation? 5. What were the weaknesses of How did the Articles organize the the national government under national government to address the the Articles? fears of the people and of the states? 6. Why was Shays’ Rebellion 3. What parts of government were not an important event? included in the Articles of Confederation? ACTIVITIES

1. Learn more about Shays’ Rebellion. 5. Over a period of a week or more Make posters illustrating the farmers’ identify at least three news articles in point of view. which the work of the various cabinet departments (listed below) of the 2. Create a short play that shows one executive branch are discussed. of the problems of government under Develop a chart of the agencies with the Articles of Confederation. Perform the name of key officials placed in the play for your class. their proper place on the chart. 3. Learn more about the Northwest Department of Agriculture Ordinance of 1787. Explain how Department of Commerce the ordinance provided for public Department of Defense education or the importance of Department of Education forbidding slavery in the territories. Department of Energy Department of Health and Human Services 4. The new Constitution that replaced Department of Homeland Security the Articles of Confederation created a Department of Housing and Urban Development strong national government. Find Department of the Interior newspaper articles about actions Department of Justice being taken by the legislative, Department of Labor executive, or judicial branches of Department of State government created by the Department of Transportation Constitution. What powers provided Department of the Treasury by the Constitution are they exercising? Department of Veterans Affairs How will the actions taken affect your state, community, or individuals? Write Examine the articles about each a report explaining what took place and department and infer what that whether or not you agree with the department does. Write a short actions taken. description of the functions, duties, and powers of the department as they were described in the news articles. 100