CHAPTER 2 Origins of American Government Notes Basic

CHAPTER 2 Origins of American Government

Notes: Basic Concepts of Government • The English colonists in America brought with them three main concepts: • The need for an ordered social system , or government. (local governments) • The idea of limited government , that is, that government should not be all-powerful. Individuals should have certain rights • The concept of representative government —a government that serves the will of the people. • People should have a say in what government should do.

Important English Documents The way our government works today can be traced to important documents in history:

Notes: Landmark English Documents The Magna Carta › King John forced to sign document in 1215 Trial by Jury Due process of the law Protection against the arbitrary (random) taking of life, liberty, or property. Private property Originally only intended for the privileged classes King no longer had absolute power. Video

Notes: More Landmark English Documents The Petition of Right › › Signed by Charles I in 1628 Limited the Kings power Could no longer imprison without trial by peers or by law of land. No martial law (rule by the military) in time of peace Could not require homeowners to house troops Even the King must obey the law

Notes: More Landmark English Documents The English Bill of Rights › › › Signed by William and Mary of Orange in 1689 No standing army during peace time without the consent of Parliament Free elections Fair Trial No excessive bail No cruel and unusual punishment Much of the American government was (and still is) based on early English ideas.

Notes: The English Colonies Original 13 colonies “ 13 schools of government, ” where colonists learned the difficulty of forming a government. Colonies were established over 125 year period › › › The first colony- 1607 -Virginia (Jamestown) Last colony- 1733 -Georgia (Savannah) Each was formed by Charter- a written grant from the King of England

Notes: The Thirteen Colonies • There were three types of colonies in North America: royal, proprietary, and charter. • Royal Colonies- the majority • Direct control of the Crown • As charters were canceled or withdrawn, colonies became royal colonies • King named governors- ruled with a stern hand • Bicameral Legislature- Two houses- Upper house was the governor's council, Lower house elected by property owners • Propriety Colonies • Proprietor- King has granted land to one person • Proprietor appointed Governor • Pennsylvania had a unicameral legislature.

Notes Charter Colonies- only 2 Rhode Island, Connecticut Largely self-governing Governors elected each year by property owners (still need to be approved by the king) Bicameral Legislature had more power

Notes: British Colonial Policies Until the mid-1700 s, the colonies were allowed a great deal of freedom in their governments by the English monarchy. In 1760, King George III imposed new taxes and laws on the colonists. The colonists started a confederation, proposed an annual congress, and began to rebel.

Notes Growing Colonial Unity Early Attempts In 1643, several New England settlements formed the New England Confederation. A confederation is a joining of several groups for a common purpose.

Notes Growing Colonial Unity The Albany Plan In 1754, Benjamin Franklin proposed the Albany Plan of Union, in which an annual congress of delegates (representatives) from each of the 13 colonies would be formed. Rejected

Notes Growing Colonial Unity The Stamp Act Congress › In 1765, a group of colonies sent delegates to the Stamp Act Congress in New York. › These delegates prepared the Declaration of Rights and Grievances against British policies and sent it to the king. › What is the Stamp Act you ask? ? ? › More? ? ? › And again

Notes: The Continental Congresses First Continental Congress The colonists sent a Declaration of Rights to King George III. The delegates urged each of the colonies to refuse all trade with England (boycott )until British tax and trade regulations were repealed , or recalled. Second Continental Congress • In 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia. • The Second Continental Congress served as the first government of the United States from 1776 to 1781. (five years)

Notes: American Independence On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence. Between 1776 and 1777, most of the States adopted constitutions instead of charters.

Why we look at primary documents › A primary source is an original object or document -- the raw material or first-hand information. › Interpret for yourselves! › Search for your own answers!

• The Articles of Confederation • The first constitution of the United States of America

Primary Document… › The Declaration of Independence › GW Reads › Ha!

• Major Themes of the Declaration of Independence • LINK • Self evident truths • Human equality • Natural rights • We hold these truths to be self-evident • All men are created equal • They are endowed by their Creator with certain unalienable rights • Among these rights: Life, Liberty Pursuit of happiness • Purpose of Government • To secure rights • Measure of Justice • Consent of the governed • Right of revolution • Whenever any form of government is destructive to the security of natural rights • Limits to the right of revolution • Prudence: • Long-established government should not be overthrown for “light and transient causes” • Experience: • Men are more disposed to suffer while evils are sufferable than to right themselves

Common Features of State Constitutions Popular Sovereignty Limited Government Civil Rights and Liberties Separation of Powers and Checks and Balances The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign. The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions. In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people. The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government.

Notes: as always… YOUR choice! Articles of Confederation › Created one unicameral congress where each state had one vote › No judicial or executive branch; instead there would be committees of congress › One legislator selected as the chair each year. History Video

The Articles of Confederation established “a firm league of friendship” among the States. Powers Obligations Congress was given the power to declare war and make peace, make treaties, set up a money system, borrow money, raise an army by asking the States for troops, and settle disputes The States promised to obey acts passed by Congress, to respect the laws of the other States, provide funds and troops, let Congress settle state disputes, and allow open travel between the States. Most powers were retained by each State. among the States.

Notes: Weaknesses of the Articles of Confederation Under the Articles of Confederation, the new central government had few powers.

Notes : The Critical Period Problems arose from weakness of Articles States refused support for Articles and made own agreements with other countries States created own militaries They taxed other state goods and created own money, economic chaos ensued, debt was rampant. Shays' Rebellion -armed uprising in Massachusetts (1786 -1787) (LINK) poor farmers angered by crushing debt and taxes. debts often resulted in imprisonment or loss of property attack on the federal Springfield Armory Lack of government response => Constitutional Convention

A Call for a Stronger Government Representatives from Maryland Virginia met at Mount Vernon, Virginia, in 1785 to discuss trade issues. The meeting was so successful that the Virginia General Assembly requested a meeting of all thirteen States, which eventually led to the Constitutional Convention in Philadelphia.

The Philadelphia meeting (The Constitutional Convention) › Began on a Friday May 25 th 1787 › All but Rhode Island sent a delegate › 55 delegates attended

Notes: Framers of the Constitution Leaders of The Constitutional Convention › James Madison - co-author of the Articles of Confederation. › Gouverneur Morris - lawyer - helped develop the U. S. system of money. › Alexander Hamilton -lawyer -favored a strong central government. › George Washington - successful leader of the Continental Army. Some famous leaders who were NOT there Patrick Henry said he “smelt a rat” and refused to attend. › Samuel Adams and John Hancock were not selected as delegates by their states. › Thomas Jefferson and Thomas Paine were in Paris. › John Adams was on diplomatic missions to England Holland.

Notes: Creating the Constitution The Framers: Those who actively were involved in the drafting of the Constitution. (link) › The delegates to the Constitutional Conventions were young, average of 42. › They were remarkably well educated and experienced in politics. Of 74 delegates (of which only 55 attended), thirty one had attended college. Organization and Procedure › George Washington was elected president of the convention. › Procedural, each State could cast one vote on an issue, and a majority of votes were needed to carry any proposal. Rule of secrecy in effect. › James Madison kept Notes "Father of the Constitution. “ (link)

Notes: Creating the Constitution The Decision to Write a New Constitution › The Philadelphia Convention was called to revise the Articles of Confederation. › However, most delegates agreed that writing a new constitution was necessary. Edmund Randolf › Delegate of Virginia moved that a national government be established consisting of the three branches of government. With that, the convention moved from revising Articles of Confederation to writing a new constitution.

Liberty!! Video Worksheet due at the end of the Video

Notes: Creating the Constitution The Virginia Plan › The Virginia Plan called for a strong National Government with three separate branches. Legislature would be bicameral; representation based on population or on amount of money State gave to support national government. Members of House of Representatives elected by popular vote. Senate members chosen by the House from lists of persons nominated by the State legislatures. › It favored large States because the number of votes in the legislature would be based on a State's population. › Congress would choose a national executive and a national judiciary.

Notes: Creating the Constitution The New Jersey Plan › The New Jersey Plan resembled the Articles of Confederation, but with some increased power of the Federal Government to tax and regulate trade. › It favored small States because each state was given equal representation in the legislature.

Notes: Constitutional Plans The New Jersey Plan The Virginia Plan Three branches of government Bicameral legislature “National Executive” and “National Judiciary” Representation based on Population Favored large States Unicameral Congress Equal representation for States of different sizes More than one federal executive Favored small States

Notes: Constitutional Compromises The Connecticut Compromise Delegates agreed on a bicameral Congress, one segment with equal representation for States, and the other with representation proportionate to the States’ populations. Often called the "Great Compromise" in that it settled the primary dispute. Founding Video

Notes: Constitutional Compromises (Cont) The Three-Fifths Compromise The Framers decided that every five slaves would count as three free persons when determining the population of a State for purposes of representation and taxation.

Notes: Constitutional Compromises (Cont) The Commerce and Slave Trade Compromise Congress was forbidden from taxing exported goods(tobacco), and was not allowed to act on the slave trade for 20 years.

Notes: The Federalists and Anti-Federalists The Constitution was very controversial at first, with some groups supporting it, and others attacking it. • Federalists thought that the Articles of Confederation were weak, and argued for the ratification of the Constitution. • Anti-Federalists objected to the Constitution for many reasons, including the strong central government and the lack of a bill of rights. The two major features of the Constitution that drew the most fire were: The greatly increased power of the central government The lack of a bill of rights. No free speech, religion, press No fair trial provisions LINK

1 st Freedom of religion, speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th Right to a fair and swift trial. 7 th Right to a jury trial in civil cases in federal courts. 8 th Protects against cruel & unusual punishment and excessive bail. 9 th Establishes people have rights beyond those stated in the Constitution. 10 th All powers not given to feds or denied to the states are held by each state, or the people.

Notes The Constitution is Ratified Initially 9 /13 was the requirement for ratification. Nine States ratified the Constitution by June 21, 1788, but the new government needed the ratification of the large States of New York and Virginia. After days of debate, Washington convinced Jefferson to support ratification and Virginia followed New York was the last key state

Notes (The Constitution is Ratified) Great debates were held in both States, with Virginia ratifying the Constitution first, June 25, 1788. New York’s ratification was hard fought. Supporters of the Constitution published a series of essays known as The Federalist Papers.

Notes (The Constitution is Ratified) The Federalist Papers - a series of 85 articles encouraging the approval of the United States Constitution. › primary source for interpretation of the Constitution › to influence the vote for approval and to shape future understanding

Notes (The Constitution is Ratified) › The articles were written by: Alexander Hamilton -51 James Madison -29 John Jay -5 › Often thought of as the Finest American political thought and writing.

Notes Inaugurating the Government The new Congress met for the first time on March 4, 1789. Congress finally attained a quorum (majority) on April 6 and counted the electoral votes. Congress found that George Washington had been unanimously elected President. He was inaugurated on April 30.

Wrap! Crash Course Wrap up 1! and Wrap-Up 2!

NOT NOTES: Influences on and Reactions to the New Constitution Reactions Influences The Framers were familiar with the political writings of their time, such as works by Jean Jacques Rousseau and John Locke. They also were seasoned, variously, by the Second Continental Congress, the Articles of Confederation and experiences with their own State governments. • When the Constitution was complete, the Framers’ opinions of their work varied. Some were disappointed, like George Mason of Virginia, who opposed the Constitution until his death in 1792. • Most agreed with Ben Franklin’s thoughts when he said, Locke Rousseau “From such an assembly [of fallible men] can a perfect production be expected? It…astonishes me, Sir, to find this system approaching so near to perfection as it does…”