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Origins of American Government

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Origins of American

Government

An English Heritage • The colonist brought ideals of freedom• Great Britain does not have a constitution- they have historical

documents, judicial decisions, and laws dating back hundreds of years• Two ideals

• 1. Limited Government• Before about 1200 monarchs could do what they wanted• 1215- the nobles force King John to sign the Magna Carta- Great

Charter• It established the rule of law- leaders must act according to set

laws (especially for taxes and trial by peers)• Magna Carta laid the foundation for a government that serves the

public good• 2. Representative government

• The idea of representative government is older • Started when the nobles formed a council to advise the monarch• Council evolved into a bicameral legislature- Two Houses• Council became Parliament- House of Lords and the House of

Commons• Parliament worked to limit the power of the monarchy

• Two ways • 1. English Bill of Rights

• No Divine Rule• Parliament had to pass taxes• Parliament could not be interfered with by the monarch• Speedy trial• No cruel or unusual punishment

• 2. Petition of Right- 1628- Charles I• No imprisoning illegally• Do not have to house soldiers• No military rule in the time of peace• Needed Parliament to levy taxes

• Caused a Civil War- after the fighting, England offered the monarchy to William of Orange and Mary • They had to agree to sign the English Bill of Rights-

Glorious Revolution• Monarch could not rule without the consent of

Parliament• Set up a Representative Government

Colonial Development• First settlement was Jamestown• Charter- the monarch gave the settlers the right to start a colony• Each colony had a limited and representative governments• Some of the governors were appointed others were elected• Males served on assemblies who advised the governor- the first was

the Virginia House of Burgesses• Three types of colonies

• Royal- belonged to monarch- VA• Proprietary- monarch gave to someone- PA MD• Corporate- founded without permission- CT RI

• Three practices• Written Constitution• Elected Representatives• Separation of Powers

• Three documents• Mayflower Compact- 1620- First plan of government• Great Fundamentals-1629- First basic laws• Fundamental Orders of Connecticut-1639- People could elect the

governor

An English Political Heritage

Independence

Searching for Unity • Tough task• People came to the colonies for three main reasons

• Make money (Virginia)• Religious freedom (Massachusetts)• Debtors prisoners (Georgia)

• Different economies• Same dangers- Indians and Non English speaking

colonist• Two attempts to unify

• New English Confederation- protection- had few powers- One colony could prevent them from taking action

• Albany Plan of Union- worried about the French- defense was needed- met with the Iroquois at Albany NY- Ben Franklin- Colonial Representatives could levy taxes, raise an army, regulate Indian trade

• Rejected by Great Britain

An Ocean Apart• Political distance from GB• Increased their power over colonies- Governors

were feeling more pressure from the colonist• The gap widened with King George III- Parliament

said the colonies were becoming too independent• Real spark came with the Seven Years War

• Our part was called the French and Indian War• Put England into debt: they needed revenue

and they wanted the colonies to pay for their own defense

• Passed the Stamp Act- tax on all paper goods, dice and playing cards

• England also passed a Tariff- made GB goods cheaper to buy

Colonial Reaction• No taxation without representation• Claimed Great Britain was a Tyranny• Colonists protested

• Stamp Act Congress- agreed to boycott English goods• Parliament repelled the Stamp Act but passed other taxes• Tensions erupted again with the Boston Massacre• Samuel Adams formed a resistance group called Committee of

Correspondence• 1773- violence again with the Boston Tea Party• Britain responded with the Intolerable Acts- embargo on

Boston and Charleston Harbor• First Continental Congress met in Protest- every colony but

Georgia came• Congress sent George III a Declaration of Resolves and a

boycott• Britain passed more laws for tighter control• Battle at Lexington and Concord

Declaration of Independence

• Second Continental Congress favored independence- Thomas Jefferson

• Adopted Declaration of Independence July 4, 1776

• Unalienable Rights- Life, Liberty, and pursuit of happiness

State Governments

• All adopted new constitution with limited government

• All but Pennsylvania were bicameral- it was unicameral

• Protected individual rights• Expanded voting rights to white

males

First National Government

Articles of Confederation

• The Second Continental Congress held the states together

• Really had no power to do this• To remedy this problem they created the

Articles of Confederation• Did not want a strong government, so it was weak• Power was unicameral- delegates were chosen by

the state houses• Most decision were majority rule but for major

decisions, it was nine in agreement• No other branches of government

• Ten major powers of Articles• War/Peace• Ambassadors• Treaties• Army• Navy• Military Officers• Weights and Standards• Indian affairs• Post Office• Disputes b/w states

• Could not tax- no courts to settle disputes

• Amendments had to be approved by all the states

2) Weak, they gave little power to government

3) They could wage war and make treaties and alliances with other nations

1) They could borrow or request money from states.

Obstacles to Unity • Differences resurface again• Cultural and economic differences• Slavery was an issue in both cases• Size of the US was too big for weak

central government

Achievements• States ceded lands west of Appalachian• Two ordinances:

• Ordinance of 1785- surveyed the land• Northwest Ordinance- state hood

equal basis with older states and how the land was divided

• Peace with Great Britain

Pressure for a Strong Government

• Some states ignored Congress• Held Annapolis Convention to solve

problems- only 5 colonies showed up• Decide to have future meeting• Shay’s Rebellion in Massachusetts made

people realize the need for a stronger government • (Farm foreclosure leading to mob violence)

The Constitutional

Convention

The Delegates• Met in Philadelphia May 25,1787- 55

men• George Washington was elected

Chairman- Alexander Hamilton and Ben Franklin

• Some, like Patrick Henry, did not show up because they feared a strong government

• James Madison- “Father of the Constitution”

Rival Plans• Went beyond strengthening to created

something new• Two plans

• Virginia plan- strong government, bicameral, Strong executive and judiciary, legislature would be based on population, Presidents would be chosen by Congress, could force states to obey national laws

• New Jersey plan- three branches, states would have a stronger role, unicameral, equal votes- chosen by the states

• 7 for VA, 3 for NJ, other delegations were split

The Great Compromise

• Agreed on things from both plans• Great Compromise- Connecticut

plan- July 16, 1787, bicameral, one based on population the other based on equal votes

Settling Other Issues• Great Compromise solved the bigger issues• Congress could regulate interstate trade• Slavery was an issue- how to count slaves

• The North needed the South, so they came up with the 3/5 Compromise

• Ban on slavery in 1808 and no tax on goods to another country

• President elected by the people or Congress• Chose to use the Electoral College• If no majority, the House would chose

• Finalized and signed in September 1787• Not everyone signed

Ratification

Federalists and Anti-federalists• Supporters were the Federalist – non

supporter were the Anti-federalist• Patrick Henry most famous Anti-

government would be too strong and force would have to be used to keep the country together

• Had no Bill of Rights• Federalist- checks and balances would

control the government• I f they did not list a restriction,

then you do not need it

Ratification• Opponents- Constitution favored larger

states• December 7, 1787 Delaware is the first

to ratify• John Jay, Alexander Hamilton, James

Madison wrote the Federalist Papers in support of Constitution

• After the promise of a Bill of Rights, every state ratified the Constitution

1) the New Jersey Plan

2) the Electoral College compromise

3) large states because they had more people to vote for the lower house