Origins of American Government

Origins of American Government

Early Settlers • America was settled in the mid 16th century by Europeans • England sent the most settlers & controlled the 13 colonies along the Atlantic coast

English Ideas of Government The English brought their knowledge and ideas about government: • Ordered Government- local governments with offices we still have: sheriff, coroner, assessor, justice of the peace, grand jury, counties, townships, etc. • Limited government • Representative government

Landmark Documents Magna Carta- document that the barons forced King John to sign in 1215Intended originally for only the privileged class to protect them from arbitrary acts of the king • Eventually expanded to all Englishmen • Included rights such as: trial by jury, due process of law-arbitrary taking of property or life • First time a monarch was denied absolute power in Europe • Ignored by many monarchs for the next 400 years

Landmark Documents Petition of Rights-document that Parliament forced King Charles I to sign in 1628 • Parliament controlled the money and refused to release the funds to the king until he signed • Stated that the king could not imprison or punish anyone without a trial • Could not impose martial law in peacetime • Could not require homeowner’s to shelter (quarter) the king’s troops without consent • Challenged Divine Right rule-the idea the king was above the law

Landmark Documents English Bill of Rights-document Parliament forced William and Mary to sign before they accepted the crown after the English Civil War in 1689 • Required that all parliamentary elections be free • No suspension of laws without consent of Parliament • Taxes and spending of money must be approved by Parliament • Subjects can petition the king without punishments • Right to a fair trial, freedom from excessive bail, freedom from cruel and unusual punishment

Schools of Government • The colonies were known as the “schools of government” for the future Americans • Each colony was established for different reasons and had different beginnings • They had slight differences in their governments, but all had English law and government as their basis • The colonial governments served as places for the Americans to learn how to govern • The royal governors ruled with a stern hand-it was their actions which would eventually lead to a revolution

Schools of Government • Each colony had a legislature; VA had a bi-cameral legislature: -The upper house was made up of the council selected by the King -The lower house (House of Burgesses) were representatives elected by property owners who were qualified to vote • A royal governor was appointed by the king

Colonial Self-Rule • The colonies were ruled by the king from 2,000 miles and a two-month sea journey away • Parliament paid little attention to the colonies; left them to the King • Colonies had a large amount of self-rule until King George • England provided them military defense, common currency and trade, and controlled foreign affairs; with very little taxation

“Taxation without representation” • England spent much money on the defense of the colonies during the French and Indian War. • The king instituted new trade regulations and taxes in order to have the colonists help pay for the cost of the war • They maintained large troop levels in the colonies after the war • The colonists objected to the troops, taxes, and restrictions; especially since they had no vote in Parliament • The Boston Tea Party was a protest against the trade regulations and new taxes

Early forms of colonial unity • Albany Plan-(1754) plan by Ben Franklin that called for a meeting once a year of delegates from each colony with the power to raise a military, regulate trade with the Native American tribes, raise taxes • The crown rejected the Albany Plan • Stamp Act Congress- (1765) 9 colonies sent delegates to New York to raise opposition to the Stamp Act • Boston Massacre-1770- British troops fire on a crowd of colonists • Boston Tea Party- 1773

1st Continental Congress • 1st Continental Congress-1774- Sam and John Adams, John Dickinson, John Jay, George Washington, Richard Henry Lee, Patrick Henry, John Rutledge • They sent a Declaration of Rights and urged to king to repeal the new taxes • They asked all colonies to boycott British goods until they repealed the Intolerable Acts

2nd Continental Congress • 2nd Continental Congress-1775-England had rejected the Declaration of Rights-The battles of Lexington and Concord had been fought • Ben Franklin and John Hancock joined the members of the 1st Congress • Immediately they placed George Washington in charge of a Continental Army • Thomas Jefferson took his place in the delegation • Britain condemned the congress as traitors • It became our first national government for five years

The Declaration of Independence • In June 1776 congress named 5 men-Franklin, Adams, Roger Sherman, Robert Livingston, and Jefferson to write a Declaration of Independence • The document is almost entirely of Jefferson’s creation, based on Locke’s ideas of government • Congress adopted it on July 4, 1776 • Page 40 of your text

Articles of Confederation • Ratified March 1781 • Established a “firm league of friendship” • Each state kept its sovereignty and every power • The states were to come together for their mutual defense and mutual and general welfare • The articles had one government branch-a legislature with one vote for each colony • Congress had no authority to enforce the Articles and could not regulate trade between the states

Weaknesses of the Articles of Confederation • One vote for each state, regardless of size • Congress powerless to lay and collect taxes or duties • Congress powerless to regulate foreign and interstate commerce • No executive to enforce acts of Congress • No national court system • Amendment only with consent of all 13 states • A 9/13 majority required to pass laws

Writing the Constitution • Delegates met in Philadelphia to recommend changes but instead resolved to create a new government • Elected Washington as the president of the Constitutional Convention • James Madison quickly became the leader and is known as the “Father of the Constitution” • Virginia led the way in calling for a new constitution

Virginia Plan • Called for three branches of government; Executive, Legislative, Judicial • Legislative branch was to be bi-cameral • Representation was to be based on population or the amount of $ given to the central government • Lower House- House of Representatives- elected representatives • Upper House-Senate- chosen by the House from a list provided by the State legislatures

Virginia Plan • Congress would select a “National Executive”, and a “National Judiciary” who could veto acts of Congress; but their veto could be overridden • Congress could legislate cases involving different States • Congress could veto any state law, use force if necessary to compel the states to follow any law • It created a very strong central government led by the legislature • PA and MA favored the plan • Smaller states opposed it

New Jersey Plan • Unicameral House with all states represented equally • Gave the legislature the power to tax and regulate trade • Federal executive of more than one person chosen by Congress • The major disagreement between the larger and smaller states was the issue of representation

Connecticut Compromise • Bi-Cameral Legislature • House of Representatives based on population • Senate- equal representation • Next big argument was how should they count slaves? • South wanted to count every slave • North opposed this idea • 3/5 Compromise- Free people counted as one; “All others(slaves) would be counted as 3/5 of a person • The 3/5 compromise dissappeared from the Constitution with the 13th Amendment abolishing slavery in 1865

Sources for the Constitution • Greek and Roman governments • Montesquieu’s Spirit of the Laws- separation of powers • Rousseau and Locke • Framers drew on their own governing experience • Continental Congress • Articles of Confederation • State Governments

Ratifying the Constitution • There was much disagreement and debate about the Constitution • Federalists- favored ratification; Washington, Adams, Madison and Alexander Hamilton • Anti-Federalists- opposed ratification; Patrick Henry, Sam Adams, Richard Henry Lee, John Hancock, Thomas Jefferson(originally-eventually favored it) • Anti-Federalists did not like how much power it gave to federal government and that it did not have a Bill of Rights • Got the necessary 9 to ratify but without VA or NY did not matter

Ratification • The Federalist- political essays published in favor of ratification written by Madison, Hamilton, and John Jay • VA and NY finally approved the Constitution • Ratified in 1788 • Washington sworn in as first president in New York City

Origins of American Government