Unit II Notes: Origins of the National Government

1. Unit II Notes: Origins of the National Government

2. Hammurabi’s Code • The first written law code • Hammurabi was King of Sumaria (Babylon) about 1750 BCE. • Wrote his law code to legitimize his rule • A law code is a list of fundamental laws for a nation-state

3. Hammurabi’s Code • Law codes are important because they: • Set forth the rules of society • provide us with notice of the laws and punishments • Limit government’s powers

4. Hammurabi’s Code • Examples: • “if a man destroys the eye of another, his eye shall be destroyed” • “if a son shall strike is father, his hand shall be cut off” • “if a physician shall cut out a tumor and the patient dies, the doctor shall be put to the sword”

5. Law Codes • We have law codes at the national, State, and local level in order to: • Limit the powers of government • Provide notice of the law • Provide notice in changes in the law • Prevent arbitrary prosecution • Etc…

6. The Ten Commandments • A list of universal laws • Similar lists found for all cultures • Idea that some things are fundamentally wrong • Basis for US criminal law code

7. The Ten Commandments • Examples: • “Thou shall not kill” • “Thou shall not steal”

8. Origins of Democracy • Greek Democracy (Athens) • Created by Aristotle • Equality before the law • Popular sovereignty • Direct democracy

9. Origins of Democracy • Roman Republic • Separation of Powers (3 branches) • Republican Government (Representatives called Senators) • Checks and Balances

10. Justinian’s Code • First civil law code • Civil Law- laws which pertain to a citizen’s conflicts with other citizens, not the government • Examples: • Marriage Law • Divorce Law • Wills and Probate • Contract Law

11. Justinian’s Code • Justinian was the Holy Roman Emperor of the Eastern Empire about 533 AD • He had the Code written to provide his people with a “just” system to deal with one another

12. Justinian’s Code • The Justinian Code was captured by Napoleon’s troops in the Napoleonic War and taken to France (Napoleonic Code) • French colonists brought the Code to the US • Louisiana Civil Law is based upon this Code

13. Justinian’s Code • Examples from Justinian’s Code • “after a divorce, children are to be raised by their mother until adulthood “ • “a man must support his family all their lives” • “a contract for a sale of land shall be in writing” • “interest for loans may not exceed 33%” • Etc…

14. English Sources The English Constitution is made up of: The Magna Carta The Petition of Right The English Bill of Rights

15. The Magna Carta • Signed in 1215 by King John • Had to sign because he lost the war at the Battle of Runnymede

16. The Magna Carta • Prince/King John Hated by the Nobility because he: 1. increased taxes dramatically 2. did not use the tax money to ransom King Richard 3. created estate taxes 4. imprisoned political rivals without trial 5. sold widows and orphans into “ward ships” 6. outlawed those who protested against his rule

17. The Magna Carta • Major Democratic ideas we borrowed • Freedom from unjust arrest( warrants) • Trial by a jury of peers for noblemen (12) • No taxation without representation • Elected legislature; the Great Council

18. The Petition of Right (1628) • Signed by Charles I • Why did he sign? To re-gain the kingdom after the “Glorious Revolution” .

19. The Petition of Right • Major democratic ideas borrowed: • No taxation without representation (elections!) • Can’t be jailed without a jury trial (bail) • No quartering of troops in private homes during peacetime • No martial law (military rule) in peacetime

20. The English Bill of Rights (1689) • Signed by William and Mary of Orange • Why did they sign?

21. The English Bill of Rights • Major democratic ideas borrowed: • Free speech and press • No excessive bail/fines • No cruel and unusual punishment • “free” elections for Parliament • Laws must have the consent of Parliament

22. Colonial Contributions • Mayflower Compact • Virginia House of Burgesses • Fundamental Orders of Connecticut

23. The Mayflower Compact (1620) • First Social Contract in America • Agreement among Pilgrims to form a government • Created 1st democratic government in America • Gave us the idea for social contracts or constitutions and government with the consent of the people

24. The Virginia House of Burgesses • First elected legislature in American colonies • Bicameral Legislature : two houses • People of Virginia directly elected the lower house; upper house appointed by Governor • Provided Framers an example for Congress

25. The Fundamental Orders of Connecticut • First colonial charter /constitution to list the powers of government and rights of the people • Guaranteed free speech, press, and religion to all residents of Conn. • Guaranteed voting rights to all free adult males

26. Colonial Self-Rule • Why did people come to America? • Religious Freedom • Forced immigration (convictions) • Personal Freedom • Economics (#1)

27. Colonial Self Rule • Colonists were self-governing because • England is too far away • Some colonies were created as Charter Colonies • Some colonial Governors did not work • England is at war with France for almost 200 years

28. Colonial Self-Rule • The impact of self rule • Britain ignores most colonial affairs • Colonies develop independent legislatures • Colonies become economically and politically self-reliant • Colonists demand the rights of Englishmen

29. Colonial Self-Rule • Ideas that emerged from experiences with self-governing • 1. written charters/constitutions • 2. separation of powers • 3. Bicameralism • 4. Judicial Review of Laws • 5. No taxation without representation

30. Colonial Self-Rule • Long-term effects 1. Town and County governments emerge 2. Colonial leaders developed skills/reputations Washington Adams Franklin Jefferson

31. Colonial Self-Rule • Why did colonists begin to protest against British rule? • Taxes • Trade Restrictions • Quartering of Troops • Denial of the right to trial by jury • Etc…

32. Colonial Self-Rule • Colonial Anger Escalates: • Sugar Act Protests • Stamp Act Congress • Townshend Acts = Williamsburg Boycott • Boston Massacre (only 5 die) • Boston Tea Party • Intolerable Acts • Lexington and Concord 1774 : War starts!

33. Colonial Self-Rule • Who emerged as leaders in the independence movement? • Franklin • Adam, Sam • Adams, John • Jefferson • Thomas Paine • Washington

34. European Philosophers • John Locke (1632-1704) • Wrote Two Treatise on Civil Government • Scottish writer, philosopher, and doctor • Ideas: • All men have natural rights • Government is created to protect rights • If government fails to protect rights, people have the right to rebel • If government makes laws with the peoples’ consent, the people must obey

35. European Philosophers • Jean-Jacques Rousseau (1712-1778) • Wrote The Social Contract • French philosopher and politician • “The Hero of Two Revolutions” • Ideas: • Government owes people fair treatment • People must have a voice in government

36. European Philosophers • Henri, The Baron de Montesquieu (1689-1756) • French nobleman, inventor, and philosopher • Ideas: • Government officials will try to increase their powers • Those in power will abuse it if they aren’t limited by a constitution • Best way to protect liberty is to separate power • People must be given the vote • People have the right to change government if it violates their rights

37. William Blackstone • English Lawyer and Judge • Codified English Common Law • Still used in U.S. today

38. First Continental Congress • Called in 1774 to protest unfair taxes and trade restrictions. • Sent The Declaration of Rights to George III • Colonists received no response from England • Called for a Second Continental Congress to be elected and meet in Philadelphia in 1774

39. The American Revolution 1774-1781 • Causes: • High taxes • Trade restrictions • Restrictions on immigration and settlement • Attacks on self-government • Harsh punishments for protesters • Etc…

40. The American Revolution • Effects: • The US becomes an independent nation • US gains territory to the west • US inspires revolutions in other nations • Washington become a national hero

41. Second Continental Congress 1774-1781 • Purpose: organize protests against British taxes and trade restrictions • Impact: became a de facto national government for the duration of the Revolution

42. The Declaration of IndependenceJuly 4, 1776 • Written by a committee of 5: • Adams • Franklin • Sherman • Livingston • Jefferson

43. Declaration of Independence • Jefferson was the main author • 33 years old– youngest delegate • Graduate of William and Mary • Lawyer, architect, writer, planter, politician, scientists, philosopher, slave owner, etc…

44. Declaration of Independence • Signed by : 56 delegates from all 13 colonies • Who didn’t sign? • George Washington (he was off being Commander of the Army) • John Dickinson (he did not approve of our “independency”)

45. Declaration of Independence • It is a four part essay: • Introduction: identifies reasons for independence • Explanation of our political ideology • List of the injuries and usurpations of the King • Declaration of our independence

46. Declaration of Independence • Five purposes for writing the Declaration: • Gain international support ($, troops, weapons, etc…) • Gain popular support in the colonies • Set up a democratic government • Propaganda (increase enlistments and support) • Declare our Independence (hence the title!)

47. Declaration of Independence • Why was it so successful? • French King gave $, troops, ships, weapons, etc.. • British citizens protested costs of war • American enlistments increased • Colonial sentiment favored Independence

48. Declaration of Independence • Four Democratic Principles: • “all men are created equal…” • “they are endowed by their creator with certain inalienable rights…” (life, liberty, pursuit of happiness) • “governments are instituted among men deriving their just powers from the consent of the governed…” • Whenever any government becomes destructive of the ends, it is the right of the people to alter or abolish it…”

49. Articles of Confederation (1781-1787) • Our first national Constitution • Created a confederate system (divided power w/ State supremacy) • Written by Richard Henry Lee of Virginia in 1777 • Ratified in 1781. • Required unanimous consent of 13 States

50. Articles of Confederation • Create a “firm league of friendship”, not a union • Each State retained powers/rights: • Coin money • Tax and spend • Regulate trade • Army and Navy of its own