Forming a More Perfect Union Origins of American Government

1. Forming a More Perfect UnionOrigins of American Government Chapter 2 Mr. LeHew US Government

2. Concepts of Government Brought By Settlers • Ordered government • Wanted an orderly regulation of relationships with each other • Created governments based on what they had at home • Limited government • Government is not all powerful - even the power of the king was limited • Each person has rights the government cannot take away

3. Concepts of Government Brought By Settlers • Representative government • The idea that the government should serve the people

4. English Documents • Magna Carta • Signed by King John in 1215 at Runnymeade • Protects against arbitrary government acts • Included trial by jury, due process of law • Limited the power of the monarch

5. English Documents • Petition of Right • Signed by Charles I in 1628 • No martial law in time of peace, habeas corpus, trial by jury • Challenged the idea of divine right

6. English Documents • Bill of Rights • Signed by William and Mary in 1689 • Prohibited standing army in peacetime, free parliamentary elections, no suspension of laws, couldn’t tax without approval of Parliament, right to petition, fair trial, forbade cruel and unusual punishment • Further limits the power of the king

7. Colonial Governments • Each colony had a charter - written grant of authority from the king- that granted land and some governing rights • Types of Colonies in English America • Royal colonies • Proprietary colonies • Charter colonies

8. Royal Colonies • Subject to the direct control of the crown (king) • 8 of them - NH, Mass., NY, NJ, VA, NC, SC, GA • King named the governor and the council (advisory body) • Council became the upper house of the legislature and the highest court • Lower house elected by the landowners • Power to tax/spend shared by governor/council/legislature • Laws had to be approved by the governor and the crown

9. Proprietary Colonies • 3 of them - Maryland, Delaware, Pennsylvania • King makes a grant to a person • Land could be settled or governed as the proprietor chose • Governor appointed by the proprietor • Pennsylvania had a unicameral legislature • Others had bicameral legislature • Lower house elected • Upper house acted as governor’s council

10. Charter Colonies • 2 of them - Connecticut, Rhode Island • Charter was given to colonists • Self-governing • Governor was elected • Bicameral legislatures • Crown’s approval was not needed

11. Britain's Colonial Practices • In theory, ruled by crown (king) • In practice, colonists ruled themselves • Legislatures learned to use the power of the purse to make the governor bend - would not vote money for the governor's salary • By mid 1700s relationship between the crown and colonies was federal - crown responsible for defense, foreign affairs, uniform currency, market for trade • Upon assuming the throne, George III began to deal with colonies more firmly • Trading acts were expanded/enforced • New taxes were imposed

12. The Colonies Unite • 1643 New England Confederation • Mass Bay, Plymouth, New Haven • League of friendship for defense against natives • Dissolved in 1684

13. The Colonies Unite • Albany Plan • Franklin’s plan for an annual congress with power to • Raise military • Make war/peace with natives • Regulate trade with natives • Levy taxes • Collect customs duties • Crown and most colonies refuse this plan

14. The Colonies Unite • Stamp Act Congress, 1765 • Required use of tax stamps on legal documents and newspapers • Colonists opposed because of taxation without representation • Prepared a protest - Declaration of Rights and Grievances • Colonists used boycotts to express displeasure with the act • Parliament repealed the Stamp Act • Significant because first time a significant number of colonies had joined to oppose the British government

15. The Colonies Unite • 1st Continental Congress, 1774 • Result of Intolerable Acts • Drafted a Declaration of Rights protesting British policies • Delegates urged another boycott of all British trade goods until all taxes/trade regulations were repealed

16. The Colonies Unite • Second Continental Congress, 1775 • Lexington and Concord have already been fought • Each colony was represented • Our first national government - served 5 years • Prosecuted war, raised the military, borrowed money, bought supplies, created a monetary system, made treaties • Hancock chosen President of Congress • Continental Army created with George Washington as commander-in-chief • Exercised both legislative and executive power

17. The Colonies Unite • Declaration of Independence • Richard Henry Lee makes proposal to declare independence • Committee formed to do that but writing mostly done by Thomas Jefferson (other committee members - Benjamin Franklin, Roger Sherman, John Adams, Robert Livingston) • Based on Locke’s Social Contract theory • First State Constitutions • Most states adopted written constitutions • Mass. has the oldest present day constitution (1780)

18. Common Features of State Constitutions • Popular Sovereignty • Governments exist/function only with the consent of the people • Limited govt. • Government not all powerful - power is restricted • Can only exercise the power given to it by a constitution • Civil Liberties • Seven contained a bill of rights specifying the rights of the people • Separation of Powers • Powers divided among branches • Checks and Balances • Each branch given the power to restrain the other two

19. The Articles of Confederation • A firm league of friendship that allowed states to retain their sovereignty while agreeing to cooperate in certain areas • Adopted 1777 • Needed ratification of all 13 states • Government Structure • Single house congress of delegates chosen annually by states • Each state had one vote • Each year, a president was chosen as presiding officer

20. The Articles of Confederation • Powers of Congress under the Articles • Make war/peace • Send/receive ambassadors • Make treaties • Borrow money • Set up a monetary system

21. The Articles of Confederation • Powers of Congress under the Articles • Build a navy • Raise an army by asking for troops • Fix uniform weights/measures • Settle disputes among the states • Establish post offices

22. The Articles of Confederation • State obligations • Obey Articles and acts of congress • Provide troops/funds as requested • Treat citizens of other states fairly • Give full faith and credit to other states (acts, records, judicial proceedings) • Surrender fugitives • Submit disputes to Congress • Allow open travel/trade between states

23. The Articles of Confederation • Weaknesses • Could not tax • Could not regulate trade • Could not force states to obey Articles • Could only be changed with unanimous consent • No executive branch • No judicial branch

24. The Articles of Confederation • Achievements under Articles • Establish fair development policy for the west • Northwest Ordinance for organizing territories into states • Peace with Britain (Treaty of Paris 1783)

25. The Critical Period • Problems: • States argued among themselves • States refused to support new central government • States made agreements with foreign governments without the consent of Congress • States organized their own military forces

26. The Critical Period • Problems: • States taxed each others goods and banned some trade • States printed their own currency with little or no backing • Prices skyrocketed • Credit disappeared • Debts went unpaid

27. The Critical Period Central government could not address the problems and states often unwilling to compromise - many states refused to support the government

28. A Need for a Stronger Government • Mount Vernon, March 1785 • Maryland and Virginia agree to meet to solve trade disagreements and issues on navigating the Potomac River/Chesapeake Bay • Meeting went so well they called for a joint meeting of all states to address issues related to commerce

29. A Need for a Stronger Government • Annapolis Convention, September 1786 • Only 5 states showed up • Called for another meeting in Philadelphia • This will eventually become the Philadelphia Convention • The Philadelphia Convention will eventually become the Constitutional Convention

30. Creating the Constitution • Delegates • All states but Rhode Island sent delegates • 74 delegates chosen - only about 55 actually attended • Average age – 42 • Benjamin Franklin (PA) oldest (81) • Jonathan Dayton (NJ) youngest (26) • Jefferson called the delegates "an assembly of demi-gods“

31. Creating the Constitution George Washington elected President of the convention Each state delegation had one vote - majority vote necessary Adopted rule of secrecy to protect delegates from outside pressure Several members kept an account of proceedings – most of what we know comes from Madison’s Notes. His contributions to the Constitution have earned him the nickname “Father of the Constitution”

32. Creating the Constitution • Called to recommend revisions to the Articles • Almost immediately recognized the need for a new government • Edmund Randolph (VA) proposed a new government - at this point, Philadelphia Convention becomes the Constitutional Convention

33. The Virginia Plan • Drawn up by Madison and presented by Randolph • Called for a three branch government • Bicameral legislature • Representation based on population or financial contribution • Lower house elected by people

34. The Virginia Plan Senate to be chosen by lower house from submitted list National executive and judiciary to be chosen by Congress They could veto acts of Congress but the veto could be overridden by Congress Congress to have all the power under the Articles

35. The Virginia Plan Congress could veto any state law in conflict with national law Could use force to make states obey the law Each state was guaranteed a republican form of government Congress would have the power to admit new states

36. The New Jersey Plan • Presented by William Paterson • Keep unicameral Congress - each state equally represented • Expand Congressional power to include limited taxing powers and power to regulate trade between states • Executive of more than one person chosen by Congress • Judiciary appointed by executive

37. The Connecticut Compromise • Aka: The Great Compromise • Written by Roger Sherman, Oliver Ellsworth, William Samuel Johnson all of Connecticut • Congress composed of two houses • Lower house - representation based on population • Upper house - each state equally represented

38. Other Compromises • 3/5 Compromise • All free persons and 3/5 of all other persons would be counted as population • Same formula would be used to determine the amount of money to be raised in each state by any direct tax levied by Congress

39. Other Compromises Commerce Compromise Southerners feared Congressional power to regulate trade - tobacco a major export Congress couldn’t tax exports Congress couldn’t touch slave trade for 20 years (1808)

40. Ratification Adopted officially by the Convention September 17, 1787 Needed 9 states approval and to take effect as government of the Nation Ratification of the Constitution led to the development of the first two political parties: Federalists and Anti-Federalists

41. Federalists Led by James Madison and Alexander Hamilton Stressed weaknesses in Articles Wanted a strong central government Wanted to promote industry/commerce Supported by manufacturers, merchants, bankers Believed in implied powers Believed in loose/liberal interpretation of Constitution Pro-British

42. Anti-Federalists Led by Thomas Jefferson, Patrick Henry, John Hancock Did not want strong central government, but strong state governments Did not want businessmen favored over farmers Supported by farmers Believed in strict interpretation Did not believe in implied powers Pro-French

43. The Federalist Papers • Collection of 85 essays supporting ratification of the Constitution • Written by Alexander Hamilton, James Madison, John Jay • First attempt to sway public opinion • Constitution finally ratified in 1788 and implemented in 1789 • Virginia the 10th state to ratify • New York City set up as temporary capital • Washington elected the first president by unanimous vote