Chapter 2Chapter 2Historical Roots of Historical Roots of

American GovernmentAmerican Government

Basic Concepts of Basic Concepts of GovernmentGovernment

►Name some basic human rights and Name some basic human rights and freedoms. freedoms.

►Where did you get your ideas?Where did you get your ideas?►We are going to discuss where We are going to discuss where

Americans got their ideas about Americans got their ideas about people’s political rights and freedoms. people’s political rights and freedoms.

3 Characteristics of Government

1. Ordered Gov.Colonist knew orderly regulation was needed; as in England, they created local governments

2. Limited Gov.Government should not be all powerful and has

limits to what it can do; individuals have guaranteed rights

3. Representative Gov.Government should serve the will of the people;

should represent the people’s best interests; people need a voice (elect representatives)

Leading Up to the Leading Up to the DeclarationDeclaration

►The Magna The Magna Carta (1215)Carta (1215)

Leading Up to the Leading Up to the DeclarationDeclaration

►The Magna The Magna Carta (1215)Carta (1215) First document First document

to ever to ever limitlimit the the power of a kingpower of a king

Guaranteed Guaranteed some rights of some rights of citizenscitizens – king – king could not punish could not punish someone someone without jury trialwithout jury trial

Petition of Right

►Limits the king’s power►King could no longer imprison or

punish any person but by the lawful judgment of his peers, or by the law of the land

►king could not require homeowners to shelter the troops

►king must also obey law of the land

The English Bill of Rights

►Prohibited a standing army in peacetime

►required elections be free►taxing without government permission

is not allowed►guarantees the right to a fair trial►freedom from excessive bail and cruel

and unusual punishment

The English Colonies

► The 13 colonies were established on the basis of a charter (a written grant of authority from the king)

► 1. Royal Colonies – under direct control of the Crown. Laws passed through the Crown

► 2. Proprietary Colonies - these colonies were organized by a proprietor (person who the king gave the land). Laws passed through the Crown

► 3. The Charter Colonies – self-governing (if other colonies were set up this way, the Revolution might never have occurred)

Leading Up to the Leading Up to the DeclarationDeclaration

► John Locke’sJohn Locke’s 2 2ndnd Treatise on Treatise on GovernmentGovernment Natural RightsNatural Rights – –

men had rights men had rights given to them by given to them by God before God before governments governments were ever were ever created.created. John Locke

Leading Up to the Leading Up to the DeclarationDeclaration

►Man’s natural Man’s natural rights are: rights are: LIFELIFE LIBERTYLIBERTY PROPERTYPROPERTY Government’s Government’s

purpose is to purpose is to protect these, not protect these, not take them away!take them away!

John Locke

Britain Messes with the Britain Messes with the ColoniesColonies

►The Stamp Act 1765The Stamp Act 1765 Required every published piece of Required every published piece of

paper to receive a British stamp paper to receive a British stamp of approval, and pay a tax with itof approval, and pay a tax with it

True intention was likely to stop True intention was likely to stop colonists from publishing essays colonists from publishing essays and newspapers critical of and newspapers critical of Britain’s governmentBritain’s government

Colonial UnityColonial Unity

►Stamp Act Congress (1765)Stamp Act Congress (1765) 9 colonies joined together to 9 colonies joined together to

protest England’s Stamp Act, protest England’s Stamp Act, and England repealed itand England repealed it

Colonial UnityColonial Unity

►First Continental Congress (1774)First Continental Congress (1774) Trying to repair relationship with Britain Trying to repair relationship with Britain

even after new law were in effect (we even after new law were in effect (we called them called them Intolerable ActsIntolerable Acts))

Sent a “Declaration of Rights and Sent a “Declaration of Rights and Grievances” to the king, Grievances” to the king, boycottedboycotted trade trade with Englandwith England

Colonial UnityColonial Unity

►Second Continental Congress (1775-1781)Second Continental Congress (1775-1781) Trying to defeat BritainTrying to defeat Britain Convened in the middle of the Revolutionary Convened in the middle of the Revolutionary

WarWar Our nation’s first national governmentOur nation’s first national government

Colonial UnityColonial Unity

►Second Continental Congress (1775)Second Continental Congress (1775) Elected George Washington Elected George Washington

Commander-in-Chief of the ArmyCommander-in-Chief of the Army Second Continental Congress was in Second Continental Congress was in

effect from Declaration of Independence effect from Declaration of Independence 1776 to Article of Confederation 17811776 to Article of Confederation 1781

The Declaration of The Declaration of IndependenceIndependence

July 4July 4thth, 1776, 1776by Thomas Jefferson by Thomas Jefferson

Jefferson Explains the Trouble Jefferson Explains the Trouble With Writing This Thing:With Writing This Thing:

Fundamentals of the DeclarationFundamentals of the Declaration

►Men have inalienable natural rightsMen have inalienable natural rights►Governments exist by the consent of Governments exist by the consent of

the governedthe governed►Abusive governments can be replacedAbusive governments can be replaced

State Constitutions

►Many states adopted written constitutions – bodies of fundamental laws setting out the principles, structures, and processes of their government.

►Common features include: popular sovereignty limited government civil rights and liberties separation of powers and checks and

balances

Our First GovernmentOur First Government

►The Articles of The Articles of ConfederationConfederationA huge A huge mistake, but mistake, but a good a good learning learning experienceexperience

The Articles of ConfederationThe Articles of Confederation

The Articles of ConfederationThe Articles of Confederation

►Was not a strong national Was not a strong national governmentgovernment

►Rather, it was a “Rather, it was a “firm league firm league of friendshipof friendship” between 13 ” between 13 independent statesindependent states

Weaknesses of the ArticlesWeaknesses of the Articlesof Confederation (pg. 45)of Confederation (pg. 45)

►National Government could not:National Government could not:Collect TaxesCollect TaxesRegulate Trade Between StatesRegulate Trade Between StatesCreate a Court SystemCreate a Court SystemUse Troops Without Permission Use Troops Without Permission from the Statesfrom the States

Problems with the ArticlesProblems with the Articles►As a result:As a result:

States never sent the States never sent the government any moneygovernment any money

States boycotted each States boycotted each other’s goods and currencyother’s goods and currency

States made trade States made trade agreements with foreign agreements with foreign countriescountries

Features of the Articles Features of the Articles GovernmentGovernment

►Legislative Branch (Congress)Legislative Branch (Congress) Unicameral (One House)Unicameral (One House) States could send as many or as few States could send as many or as few

Reps. as they wantedReps. as they wanted Each state gets 1 vote regardless of Each state gets 1 vote regardless of

number of Reps.number of Reps. Any change to the Articles required Any change to the Articles required

approval of all 13 statesapproval of all 13 states

Features of the Articles Features of the Articles GovernmentGovernment

►Executive BranchExecutive Branch No national executive branchNo national executive branch All executive and judicial powers All executive and judicial powers

were given to the stateswere given to the states

Problems Lead to the Need for a Problems Lead to the Need for a Change:Change:

The Constitutional The Constitutional ConventionConvention

May 25May 25thth to September 17 to September 17thth, , 17871787

The Constitutional The Constitutional ConventionConvention

►Original purpose was to Original purpose was to slightly edit the Articles of slightly edit the Articles of ConfederationConfederation

►What ended up happening was What ended up happening was a secret meeting where the a secret meeting where the Founding Fathers created a Founding Fathers created a brand new governmentbrand new government

The FramersThe Framers►Who were the Framers (Writers)?Who were the Framers (Writers)?

A gathering of 55 of the most A gathering of 55 of the most brilliant minds in history?brilliant minds in history?

Most were in their 30’s and 40’sMost were in their 30’s and 40’s All upper class, well educated, white All upper class, well educated, white

malesmales►Middle and lower classes, women Middle and lower classes, women and racial minorities were not and racial minorities were not given the opportunity to given the opportunity to participateparticipate

Most famous names : George Most famous names : George Washington, James Madison, Ben Washington, James Madison, Ben Franklin, Alexander HamiltonFranklin, Alexander Hamilton

The Framers: Demi-Gods?The Framers: Demi-Gods?

►The Framers are The Framers are really just men – or really just men – or “politicians,” even“politicians,” even

►They are fighting They are fighting with one another on with one another on every issue, and every issue, and forming forming compromises to compromises to resolve the fightsresolve the fights

The FramersThe Framers►James Madison James Madison

becomes known as becomes known as the “the “Father of the Father of the ConstitutionConstitution,” as ,” as he became the he became the leader of the leader of the convention, and convention, and did much of the did much of the writingwriting

Mack Daddy James Madison

Two Competing IdeasTwo Competing Ideas►The Virginia PlanThe Virginia Plan

The “Big State Plan”The “Big State Plan” 3 Branches – Legislative, 3 Branches – Legislative,

Executive, Judicial, each with Executive, Judicial, each with checks and balances against the checks and balances against the othersothers

Bicameral legislature with Bicameral legislature with representation based on representation based on population alonepopulation alone

Two Competing IdeasTwo Competing Ideas►The New Jersey PlanThe New Jersey Plan

The “Small State Plan”The “Small State Plan” Unicameral legislature with Unicameral legislature with all states represented all states represented equallyequally

Executive would be three Executive would be three presidents, who chose the presidents, who chose the Judicial branchJudicial branch

CompromisesCompromises►The Connecticut The Connecticut

CompromiseCompromise “ “The Great The Great Compromise”Compromise”

Bicameral Bicameral legislature, one legislature, one house based house based on population, on population, one on equalityone on equality

How the Great Compromise How the Great Compromise WorksWorks

StateState PopulationPopulation # in # in HouseHouse

# in # in SenateSenate

CaliforniaCalifornia 35 million35 million 5353 22

ArizonaArizona 5 million5 million 88 22

WyomingWyoming 0.5 million0.5 million 11 22

CompromisesCompromises►The 3/5ths CompromiseThe 3/5ths Compromise

Southern states wanted Southern states wanted to count slaves as part of to count slaves as part of their populations to get their populations to get more votes in Congressmore votes in Congress

Compromise allowed Compromise allowed them to count slaves as them to count slaves as 3/53/5thsths of a person in the of a person in the censuscensus

*Note* - slaves did NOT *Note* - slaves did NOT get 3/5get 3/5thsths of a vote! of a vote!

CompromisesCompromises►The Commerce and Slave Trade The Commerce and Slave Trade

CompromiseCompromise Southern states feared that Southern states feared that

slavery would be banned by more slavery would be banned by more heavily populated Northern states heavily populated Northern states in Congressin Congress

Compromise prevented Congress Compromise prevented Congress from acting on the matter of slave from acting on the matter of slave trade for at least 20 yearstrade for at least 20 years

Sources of the ConstitutionSources of the Constitution►Framers pulled from a number of Framers pulled from a number of

places to get the final product:places to get the final product: Ancient Greece’s Democracy and Ancient Greece’s Democracy and

Rome’s RepublicRome’s Republic John Locke’s 2John Locke’s 2ndnd Treatise on Treatise on

GovernmentGovernment Charles de Montesquieu’s ideas Charles de Montesquieu’s ideas

about separating the powers of about separating the powers of governmentgovernment

Great Britain’s governmentGreat Britain’s government

British Government

Bicameral Legislature (House of Lords and

Commons)

Strong Executive (King)

Royal Court System

Federal Relationship w/ Colonies

Articles of Confederation

Unicameral Legislature

No Executive

No Court System

Confederation of States

New Constitution

Bicameral Legislature (House

and Senate)

Strong Executive (President)

Supreme Court System

Federal Government

Ratifying the ConstitutionRatifying the Constitution

►Ratify – vote Ratify – vote on and passon and pass

►Constitution Constitution required that required that 9 of the 13 9 of the 13 states needed states needed to approve it to approve it to take effectto take effect

Did someone say “Rat”ify?

Federalists vs. Anti-Federalists vs. Anti-FederalistsFederalists

►Federalists – favored ratification Federalists – favored ratification of the Constitution and a new of the Constitution and a new federal governmentfederal government

►Anti-Federalists - opposed the Anti-Federalists - opposed the new Constitution on almost all new Constitution on almost all groundsgrounds Especially wanted to add a bill of Especially wanted to add a bill of

rightsrights

Federalists vs. Anti-Federalists vs. Anti-FederalistsFederalists

► Famous Federalists: Famous Federalists: James Madison, James Madison, Alexander Hamilton, Alexander Hamilton, John Jay, George John Jay, George WashingtonWashington Madison, Hamilton, Madison, Hamilton,

and Jay write and Jay write The The Federalist Papers – Federalist Papers – persuasive essays to persuasive essays to explain why the new explain why the new Constitution can be Constitution can be effective and effective and preserve personal preserve personal libertyliberty

Federalists vs. Anti-Federalists vs. Anti-FederalistsFederalists

► Famous Anti-Famous Anti-Federalists: Patrick Federalists: Patrick Henry, Richard Henry, Richard Henry Lee, Samuel Henry Lee, Samuel Adams, John Adams, John HancockHancock