chapter 2 - marlboro county high...

Chapter 2Origins of American Government

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“It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people.”

--Daniel Webster (1830)

The Constitution grew out of a long heritage of law and politics. Before Americans could create their new government, they endured years of turmoil and revolution. In writing the Constitution, the Framers had to consider the rights and interests of many factions. Two hundred years later, Americans still seek and debate their rights.

Our Political Beginnings

This is what did not happen…American did not snap its fingers and a government just appeared, it did not start with the Declaration of Independence, and it did not suddenly jump into being as the Framers met in 1787.

It all began in the mid-1600s with the people who first made their way to North America. These explorers, traders, and settlers were French, Dutch, Spanish, Swedes, and others.

It did not take long for the English to soon establish and control 13 colonies that stretched 1300 miles along the Atlantic coast.

The English had influences from early river civilizations of Africa and Asia, Romans, and the Magna Carta of 1215. Over thousands of years of government influenced the English.


The English colonists arrived in North America with three ideas that were to shape the government of the United States.

What were the ideas that came with the first immigrants which helped to shape the US government?

1. Ordered Government2. Limited Government3. Representative Government

Ordered Government—The first English colonists felt a strong need to establish an orderly government…one based on those concepts they had known back at home in England.

Many of the local government positions they began are still with us today…sheriff, coroner, assessor, justice of the peace, grand jury, counties, townships, and others…


The early colonists also believed that the government should not be all-powerful. For example, they believed that the government could not take away certain rights that individuals have.

Limited Government – government is restricted in what it may do, and each individual has certain rights that government cannot take away.


Representative Government – System of government in which public policies are made by officials selected by the voters and held accountable in periodic elections.

The early English settlers believed the government should serve the will of the people.

People should have a voice in deciding what government should and should not do.


What three landmark documents in English history influenced early American colonists?

1. The Magna Carta2. The Petition of Right3. The Bill of Rights


The Magna Carta

On June 15, 2015, King John of Robin Hood fame was forced to sign the Great Charter…Magna Carta…at Runnymede.

The barons of King John were sick and tired of the king’s military campaigns and heavy taxes.

What the barons wanted was some sort of protection against a king being to heavy-handed in his policies.

The Magna Carta included such rights as

The right to trial by jury, due process of law, and the right to life, liberty, and property. This began the idea that the power of the monarch, or king, was not absolute.


The Petition of Right

For about 400 years, the Magna Carta was either respected by monarchs or rejected. Parliament slowly grew in power.

In 1628, when Charles I asked Parliament to give him ore money in taxes, Parliament refused until he signed The Petition of Right.

The Petition of Right limited the king’s power.

The kings could not longer imprison someone unless that person was found guilty by a jury of his peers.

Parliament further said the king could not impose martial law in time of peace or require homeowners to shelter the king’s troops without the homeowner’s consent.

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The Petition of Right is important because it challenged the idea that kings could rule by divine right. This was the beginning of the idea that rulers must obey the law of the land.

The Bill of Rights

In 1688, England was suffering from years of revolt and turmoil. Parliament decided to seek peace. They offered the British crown to William and Mary of Orange. However, the couple would have to made some

concessions. Before they accepted the crown of leadership, the duo had to sign the Bill of Rights.

Some of the concepts included in the Bill of Rights were the right to a fair trial, and freedom from excessive bail, and from cruel and unusual punishment.


The English Colonies

These colonies turned out to be 13 schools of government.

The colonies developed over a period of about 125 years.

The first colony was Virginia in 1607.

The last colony was Georgia in 1733.


Each of the colonies was started because of different reasons and circumstances.

This caused each colony to be slightly different and unique.

The colonists of Virginia were part of a commercial venture.

The colonists of Massachusetts were people who were searching for personal and religious freedom.

The colonists of Georgia were basically given a get-out-of-jail-free card.

Each colony had its legal basis and start with a written charter.

Charter – A written grant of authority from the king.

There were three kinds of colonies: royal, proprietary, and charter.


Royal Colonies

None of the colonies began as royal colonies. For various reasons, the colonies soon fell under the control of the English Crown.

When the American Revolution began in 1775, there were a total of eight royal colonies: New Hampshire, Massachusetts, New York, New Jersey, Virginia, North Carolina, South Carolina, and Georgia.

There was a pattern of government in royal colonies.

1. The king named a governor.2. The king appointed a council, which became the

upper house of the colonial legislature

Bicameral – two-house legislature

Governors ruled harshly in general, which fanned resentment in the colonies.


The Proprietary Colonies

In 1775, there were three proprietary colonies: Maryland, Pennsylvania, and Delaware.

These colonies were given by charter to individuals by a grant of a king. Maryland was given to Lord Baltimore, Pennsylvania to William Penn. Penn also received Delaware.

These governments were similar to the royal colonies. In Pennsylvania, however, the legislature was unicameral (one-house) body.

The decisions of a proprietary colony could be carried to the king in London.


The Charter Colonies

There were only two charter colonies: Connecticut and Rhode Island.

They were based on charters given to the colonists. The colonists elected their governors. These colonies had bicameral legislatures.

Historians believe that if Britain had given the other 11 colonies the same rights as Connecticut and Rhode Island, there never would have been an American Revolutionary War.

The Coming of Independence

The scene is a meeting of the Second Continental Congress. The date is July 4, 1776. The members of the Congress are about to sign the Declaration of Independence.

“We must all hang together, or assuredly we shall all hang separately.”

These words by Benjamin Franklin indicated the great personal danger each man present assumed.


Britain’s Colonial Policies

The British Colonies in America were controlled by the king via a Privy Council and the Board of Trade in London.

Parliament really did not pay much attention to the colonies until late in U.S. colonial history.

Since Great Britain was over 3,000 miles away and it took almost 2 months to make the round trip, the colonists were used to being pretty much left alone.

Colonists often kept the king’s royal governor under their powers. They often would not vote for a governor’s salary until he came to agree with them on issues. “Let us keep the doggespoore, and we’ll make them do as we please.”


Mid-1970s – There was a distinct federal relationship between England and the colonies. London was responsible for colonial defense and foreign affairs. The colonists were given a great deal of latitude in how they ran their own affairs.

This changed with George III in 1760. Britain started getting in colonial business more and being more firm with the colonies. New taxes were imposed.

The colonists disliked this new direction under George III. The colonists did not see the reason for so many British troops since the French had been defeated in the French and Indian War. The king’s ministers were clowns who pushed their hurtful agenda. The colonists faced a decision to submit or to revolt.


One thing was certain, if the colonies were to succeed in gaining independence, they would have to be unified. There had been several early attempts to generate cooperation among the colonies.

The New England ConfederationIn 1643, several colonies joined together in the New England Confederation. They were Massachusetts Bay, Plymouth, New Haven, and Connecticut settlements.

Confederation – a joining of several groups for a common purpose.

The purpose of the New England Confederation was to form a “league of friendship” for defense against Native American tribes.

The New England Confederation drifted away as the Native American threat died.

In 1696 William Penn tried to plan for intercolonial cooperation in matters of trade, defense, etc. Nothing came of it.


The Albany Plan of Union – was a plan offered by Benjamin Franklin in 1754 to united the 13 colonies for trade, military, and other purposes; the plan was turned down by the colonies and the Crown.

In 1754, the British Board of Trade called for a meeting of the seven northern colonies at Albany. Those colonies were Connecticut, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, and Rhode Island.

The purpose of the meeting was to discuss the problems of colonial trade and the threat of the French.

Although Franklin’s plan was rejected, it would be remembered later.


The Stamp Act Congress

Resentment began forming against Great Britain in the 1760s because of their tax policies in the colonies. By the Stamp act of 1765, the colonists were ready to do something.

In October of 1765, all the colonies except for Georgia, New Hampshire, North Carolina, and Virginia sent delegates to the Stamp Act Congress in New York. The Stamp Act Congress wrote the Declaration of Rights

and Grievances. Parliament repealed the Stamp Act.


Things did not get any better between the colonies and Britain. Several colonists wanted an organized boycott of British goods.

Boycott – a refusal to buy or sell certain products or services.

March 5, 1770 – The Boston Massacre occurred. Five people were killed.

December 16, 1773 – The Boston Tea Party took place.


The First Continental Congress-1774

Parliament passed a set of laws which the colonists called the Intolerable Acts. The purpose of these laws was to punish the colonies for the troubles in Boston.

Delegates from every colony except for Georgia met in Philadelphia. The First Continental Congress met for two months.

They sent a Declaration of Rights to King George III to protest what had been done to them.


The members of the First Continental Congress urged all of the colonies to refuse all trade with England until all the despised trade and tax laws were repealed.

Repealed – withdrawn, cancelled

In October 26, the First Continental Congress adjourned with a call for a second congress to meet the following May. All of the colonial legislatures voted to support the actions of the First Continental Congress.


By the time it was May and the Second Continental Congress met, Britain had refused to compromise with the colonies and the battles of Lexington and Concord had already been fought three weeks earlier.

Most of the delegates were the same ones who had attended the First Continental Congress.

There were two men who were newcomers. They were Benjamin Franklin of Pennsylvania and John Hancock of Massachusetts.Hancock was elected President of the Congress and George Washington was appointed commander in chief. Thomas Jefferson replaced Washington as a delegate.


There was no getting around it…The Second Continental Congress became, by default and circumstance, the first official government of the United States.

There was, however, no constitutional base. Britain condemned the Congress as an unlawful assembly and as a den of traitors. It was supported by the force of public opinion at home.

For five years, the Congress served as the U.S. government…from the Declaration of Independence in 1776 to the Articles of Confederation in 1781.

What did the Congress do during those five years…? Fought a war, raised armies and a navy, borrowed funds, bought supplies, created a money system, made treaties, etc.


Slightly over a year after the Revolution had begun, Richard Henry Lee of Virginia proposed to the Second Continental Congress:

“Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.”

Resolution of June 7, 1776

Congress named a committee of five…Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Jefferson to craft a declaration of independence.


In January of 1776, New Hampshire adopted a constitution to replace its royal charter. South Carolina followed with a constitution of its own less than three months later.

Congress urged the other colonies to adopt “such governments as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents.”

Many states go on the state constitution band wagon.

Massachusetts set the best example of a constitution-making process. They held a convention.

Massachusetts’ constitution went into effect in 1780. It is the oldest constitution in force anywhere in the world today.


Even though the state constitutions differed wildly, they did share common features, such as the principles of popular sovereignty.

Popular Sovereignty – the principle that government exists only with the consent of the governed.

Other common features of the state constitutions were limited government, civil rights and liberties, and separation of powers and checks and balances.

These early constitutions would have a profound effect on the drafting of the Constitution of the United States.

The Critical Period

Richard Henry Lee proposed the Declaration of Independence. He also proposed “a plan of confederation.”

On November 15, 1777, The Articles of Confederation were approved.

The Critical Period

Articles of Confederation – a plan of government adopted by the Continental Congress after the American Revolution; established “a firm league of friendship” among the States, but allowed few important powers to the central government.

Ratification – Formal approval

The Articles were finally ratified by all states when Maryland finally became the last state to ratify on March 1, 1781.

The Critical Period

Government under the Articles was simple.

A Congress was the sole body created, and it was unicameral, made up of delegates chosen yearly by the States in whatever way their legislatures might direct.

Each state had only one vote, no matter what that state’s size, wealth, or population.

Committees of the Congress would handle duties normally associated with the executive or judicial branches.

Most of the political power would be held by the states.

With the Articles of Confederation in place, the United States entered what is known as the Critical Period of the 1780s.

The Critical Period

The Critical Period

The Revolutionary War ended on October 19, 1781. The win was confirmed by the signing of the Treaty of Paris in 1783.

Soon problems erupted. States began acting like little children. They were jealous of one another, stabbed each other in the back, and played all sorts of mean-spirited games in order to win the upper hand. Shay’s Rebellion – property owners were losing their

property due to foreclosures. Shay, a farmer who had served in the army, led a rebellion which forced several courts to close.

The Critical Period

Daniel Shay mounted an attack on the federal arsenal in Springfield. Losing badly, Shay had to flee to New Hampshire.

Shay’s Rebellion clearly showed that a stronger government was needed.

The Critical Period

Maryland and Virginia experienced bitter trade disputes. In an effort to solve the problem, the states set up a trade conference, totally ignoring the Congress.

George Washington invited them to meet at his home in Mount Vernon.

The negotiations were successful and the Virginia Assembly called for “a joint meeting of the States to recommend a federal plan for regulating commerce.

The Critical Period

Turnout at the Annapolis meeting was horrible. Only five of the thirteen states sent representatives. The attending delegates in Annapolis urged another meeting of the states.

By February of 1787, seven states had named delegates to go to Philadelphia. These states were Delaware, Georgia, New Hampshire, New Jersey, North Carolina, Pennsylvania, and Virginia.

Congress got in on the act and asked the other states to send delegates as well. The stage was now set for something to happen in Philadelphia, PA.

Creating the Constitution

It’s hot and humid…all the windows are closed to keep the meeting secret…inside it’s so tense you could cut the air with a knife…men exchange their views…sometimes they get so angry that they threaten to leave the hall…some do.

Every state but Rhode Island sent delegates to Philadelphia.

Thomas Jefferson, who was not one of the delegates, would call the men who gathered in Pennsylvania “an assembly of demi-gods.”

Framers – Group of delegates who drafted the United States Constitution at the Philadelphia Convention in 1787.


Two of the important Framers were from South Carolina. They were John Rutledge and Charles Pinckney.

By and large, most of the men represented younger blood…the next generation of Americans. James Madison was 36, Alexander Hamilton was 32…and poor old Ben Franklin was 81 with failing health.

The heroes of the American Revolution, the First and Second Continental Congresses were beginning to age out. Patrick Henry refused to attend…and former greats like John Hancock and Richard Henry Lee were not picked by their state to attend.


Key Events at the Constitutional Convention.

George Washington was unanimously elected president of the convention.

Rules were established.

The delegates decided to keep their meetings secret.

James Madison kept great notes on what happened. He became the convention’s floor leader, and was later given the honor of being the “Father of the Constitution.”

The Convention was called originally to rewrite the Articles of Confederation. The delegates decided to throw out the Articles and write a brand spanking new constitution.


On May 30, 1787, the Convention turned from its focus on fixing the Articles of Confederation to starting from scratch on a new constitution.

“Resolved…that a national Government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.

--Edmund Randolph, Delegate from Virginia

There were plenty of debates to follow…always spirited and sometimes bitter as the delegates began carving out a brand new direction for the United States of America.


Virginia’s delegates offered the first plan for a new constitution. The Virginia Plan was presented by Edmund Randolph and largely was the work of James Madison.

The plan called for a new government with three separate branches: legislative, executive, and judicial.

The legislature would be bicameral.

Representation in each house would be based upon either each state’s population or upon the amount of money it gave for the support of the central government.


There were some delegates from mostly smaller states who did not like the Virginia Plan and found it too radical. These states were Delaware, Maryland, New Jersey…and some of the New York delegates.

On June 15, William Patterson of New Jersey presented the position of the smaller states. This became known as the New Jersey Plan.

Congress would remain unicameral with each state equally represented. Congress would have closely limited powers to tax and regulate trade.


The biggest disagreement between the plans was over representation in Congress. This was a crucial point. The large states expected to dominate the new government. The small states feared that they would not be able to protect their interests.The debate got rather hot.

Ben Franklin suggested that “henceforth prayers imploring the assistance of Heaven…be held in this Assembly every morning before we proceed to business.”


Compromises were the successful ingredients toward forming a working constitution. Here are the most important compromises made by the delegates:

1. The Connecticut Compromise or the Great Compromise,

2. The Three-Fifths Compromise,3. The Commerce and Slave Trade

Compromise

The Constitution has often been called a bundle of compromises.

Compare this 1790 US Census Records chart to the one in the textbook on the top of page 52.


The Commerce and Slave Trade Compromise

The South feared that the Congress would act against the interests of the agricultural South…that they would abolish slavery and that they would tax southern tobacco, which was the major American export of the time.

The compromise was this…Congress was forbidden to tax the export of goods from any state, and they could not act on the slave trade for a period of at least 20 years.


On Franklin’s motion, the Constitution was signed. Madison tells us that…

“…Doctor Franklin, looking toward the President’s chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun. I have, said he, often and often in the course of the Session…looked at that behind the President without being able to tell whether it was rising or setting. But now at length I have the happiness to know that it is a rising and not a setting sun.”

--Notes of Debates in the Federal Convention of 1787, James Madison

Ratifying the Constitution

Ratifying the Constitution

The Constitution today is respected and revered, but in 1787 and 1788, the document was widely criticized. Each state had a number of people who opposed the ratification of the Constitution.

“The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.”

- Article VII

chapter 2 - marlboro county high...

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