Origins of American Government Roots of American Government

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Origins of American Government

Origins of American Government

Roots of American Government Ancient Athens introduced the start of democratic government. Its ideas

Roots of American Government Ancient Athens introduced the start of democratic government. Its ideas included: Ø Natural law Ø Direct democracy Ø Majority rule Ø Citizen participation in public life such as: - Jury service, voting, running for elected office

Roots of American Gov’t (cont’d) Ø Ancient Rome also provided unique democratic values: -

Roots of American Gov’t (cont’d) Ø Ancient Rome also provided unique democratic values: - Created republican gov’t (indirect democracy) - Rule of law was supreme - Developed a Senate as a lawmaking body - Established the veto - Practiced civic virtue

Our Direct Political Heritage n n American government is very strongly tied to our

Our Direct Political Heritage n n American government is very strongly tied to our ENGLISH political heritage. Our early colonial governments were based on the ideas of limited government and the rights of the individual.

Rights of Englishmen • Magna Carta (1215) • • • - First established the

Rights of Englishmen • Magna Carta (1215) • • • - First established the idea of limited government; the power of kings is limited. No loss of life, liberty or property without due process of law. No taxation without the people’s consent (the nobles’ consent that is!) Trial by jury

Rights of Englishmen (cont’d) n n Common law: - A body of law developed

Rights of Englishmen (cont’d) n n Common law: - A body of law developed from judicial decisions based on customs and precedent, but are unwritten and constitute the basis of English law. Common law was used similarly in colonial law.

Rights of Englishmen (cont’d) n Petition of Right (1628) - English Parliament (the law

Rights of Englishmen (cont’d) n Petition of Right (1628) - English Parliament (the law making body) became the prime law maker. - Kings cannot imprison people without legal cause and a jury trial. - No troops could be housed in private homes. - Kings could not collect taxes without consent of Parliament. -Supported the idea that men have rights and established the concept of rule of laws

Rights of Englishmen (cont’d) Ø English Bill of Rights (1689) - King has no

Rights of Englishmen (cont’d) Ø English Bill of Rights (1689) - King has no divine right to rule. - King needs Parliament’s permission to suspend laws, raise taxes, or raise an army. (limited power of the monarch) - Citizens have rights of due process when accused of crimes. (fair and seedy trial) - Free elections, right of petition, no standing army in peacetime, no cruel or unusual punishment.

The Enlightenment • A philosophical movement • • between 1688 -1789 in Europe marked

The Enlightenment • A philosophical movement • • between 1688 -1789 in Europe marked by the questioning of traditional values and political beliefs while emphasizing the idea of human progress. Also called the “Age of Reason” Helped spark the American and French Revolutions

Enlightenment Political Philosophers - All men have natural rights of life, liberty, and property

Enlightenment Political Philosophers - All men have natural rights of life, liberty, and property that government is bound to protect; - Government gets its power to rule through the consent of the people, “social contract. ” - People can overthrow an abusive government and establish a new one. JOHN LOCKE

Enlightenment Philosophers (cont) * Montesquieu: Separation of powers into three branches; each has checks

Enlightenment Philosophers (cont) * Montesquieu: Separation of powers into three branches; each has checks on the others. People are sovereign over govt. * Rousseau: A social contract reflects the will of the people; direct democracy is best. No private property should be allowed. All men are created equal. * Voltaire: Free speech is a natural right even when criticizing government. People are not capable of self-rule, kings are the best rulers.

American Colonial Rule • Types of colonies: (1) Those owned by a person who

American Colonial Rule • Types of colonies: (1) Those owned by a person who had total control over the land given to him by the king: PROPRIETARY (2) Those which were authorized to self-govern: CHARTER (3) Those which had a kingappointed governor who exercised strict power: strict control of the crown. ROYAL

Colonial Rule (cont’d) In Virginia, the colony was of the ROYAL type. Ø The

Colonial Rule (cont’d) In Virginia, the colony was of the ROYAL type. Ø The basic rights of Englishmen were guaranteed to the colonists by the charters of the Virginia Company of London Ø However, all American colonies used elected legislatures to make their laws, but were subject to the authority of the governor at all times. Ø

American Colonial Rule Ø From its earliest beginnings, Ø Ø American colonial rule developed

American Colonial Rule Ø From its earliest beginnings, Ø Ø American colonial rule developed mostly as selfgovernment. Colonists created their own colonial legislatures. Their laws were subject to veto by the king and Parliament should they go to far. Their laws were based on English common law and those things necessary to make the colony run.

Colonial Rule (cont’d) l Colonial legislatures can date themselves back to l l the

Colonial Rule (cont’d) l Colonial legislatures can date themselves back to l l the time of the Jamestown colony in 1619. Major practices among all American colonies: - creation of Bills of Rights for colonists - legislatures composed of elected representatives - used the idea of separation of powers in the government See your notes for the flow of government.

Non-Interference Policy • • • For 150 years, the colonies governed themselves pretty much

Non-Interference Policy • • • For 150 years, the colonies governed themselves pretty much on their own. The Crown saw the colonies as an economic interest only. As long as Britain benefited economically they let the colonies self-govern. Both sides became comfortable with this policy we now call:

Colonial Government Development n 1619 - First representative legislature in America: n n n

Colonial Government Development n 1619 - First representative legislature in America: n n n Virginia House of Burgesses 1620 - First agreement in the colonies for self-government: Mayflower Compact 1639 - First written constitution in America: Fundamental Orders of Connecticut 1775 - Government of the colonies during the Revolution Second Continental Congress 1776 - Strongly influenced the ideas in the Decl. of Independence Virginia Declaration of Rights 1776 - Colonies establish themselves as one sovereign nation of independent states Declaration of Independence 1781 -87 - First government of the United States: Articles of Confederation

Origins of American Government END OF PART I

Origins of American Government END OF PART I