Origins of American Government

Chapter 2

Chapter 2: Objectives1. Our Political Beginnings: Common Law traditions, landmark

documents, colonial governments & English Bill of Rights.

2. The Coming of Independence: 13 colonies, 1st & 2nd Continental Congress, Declaration of Independence,& State Constitutions.

3. The Critical Period: Articles of Confederation (strengths & weaknesses), Constitutional Convention.

4. Creating the Constitution: Plans and Compromises

5. Ratifying the Constitution: Federalists & Anti-Federalists,

Basic Concepts of Constitutional Basic Concepts of Constitutional GovernmentGovernment

1.1. LIMITED GOVERNMENTLIMITED GOVERNMENT: Explain concept.: Explain concept.

2.2. Ordered GovernmentOrdered Government

3.3. Representative GovernmentRepresentative Government– 1215: 1215: MAGNA CARTAMAGNA CARTA: The Great Charter: King John: The Great Charter: King John

1.1. Protection of Life, Liberty, Property—5Protection of Life, Liberty, Property—5thth amend. amend.

2.2. No taxes without consent: Art. I Sect. 9 cl. 4No taxes without consent: Art. I Sect. 9 cl. 4

3.3. Jury Trial (6Jury Trial (6thth & 7 & 7thth amendments) amendments)

- 1628: 1628: Petition of Rights: Petition of Rights: Charles I:Charles I:- Limited Taxing power, No Martial Law in time of peace, Limited Taxing power, No Martial Law in time of peace,

no quartering authorityno quartering authority

The People RevoltThe People Revolt

Petition of RightsPetition of Rights

2.2. No imprisonment without causeNo imprisonment without cause: 4: 4thth, 5, 5thth amendments, Article I section 9 clauses 2 amendments, Article I section 9 clauses 2 & 3& 3

3.3. No quartering of Soldiers: 3No quartering of Soldiers: 3rdrd amendment amendment

4.4. No Martial Law: Art. I sect 9 clauses 2 & 3No Martial Law: Art. I sect 9 clauses 2 & 31.1. 1950: Harry Truman1950: Harry Truman

2.2. 1933,1941: FDR1933,1941: FDR

3.3. 1917: W. Wilson1917: W. Wilson

No Martial LawNo Martial Law

English Bill of RightsEnglish Bill of Rights

1.1. 1688: William & Mary of Orange crowned. 1688: William & Mary of Orange crowned. Why?Why?

2.2. Glorious RevolutionGlorious Revolution… 1689: Parliament … 1689: Parliament created the English Bill of Rightscreated the English Bill of Rights

1.1. Fair Trials Fair Trials

2.2. No excessive bails or punishmentsNo excessive bails or punishments

3.3. Right of petitionRight of petition

4.4. Tax revenue to be spent on the PEOPLE.Tax revenue to be spent on the PEOPLE.

Rights are never absoluteRights are never absolute

The English ColoniesThe English Colonies

1.1. Royal ColoniesRoyal Colonies: : Subjects of the crown: Governor Subjects of the crown: Governor appointed, legislature appointed, courts appointed, only appointed, legislature appointed, courts appointed, only property owners voted.property owners voted.

2.2. Proprietary ColoniesProprietary Colonies: : Individual grants of land Individual grants of land (politics). Lord Baltimore granted Maryland. William Penn (politics). Lord Baltimore granted Maryland. William Penn granted Pennsylvania & Delaware. Governmental system granted Pennsylvania & Delaware. Governmental system appointed by the King or Proprietor. appointed by the King or Proprietor.

3.3. Charter ColoniesCharter Colonies: : Self-governing (Rhode Island, Self-governing (Rhode Island, Connecticut). Model for the U.S. Constitution.Connecticut). Model for the U.S. Constitution.

The Colonial BackgroundThe Colonial Background

““SeparatistsSeparatists””; 1620; ; 1620; Mayflower CompactMayflower Compact

1.1. Religious Freedom: Church of England?Religious Freedom: Church of England?

2.2. Two-fold SignificanceTwo-fold Significance: Rule of Law based upon : Rule of Law based upon consent, popular sovereigntyconsent, popular sovereignty

Other Colonies: Other Colonies:

1.1. A concept of limited governmentA concept of limited government

2.2. Self-governmentSelf-government

3.3. Protection of individual rightsProtection of individual rights

Early Constitutions & Early Constitutions & ConceptsConcepts

1.1. Mayflower Compact: 1620Mayflower Compact: 16202.2. Fundamental Orders of Connecticut: Fundamental Orders of Connecticut:

163916393.3. Virginia House of Burgesses: 1619Virginia House of Burgesses: 1619 Ordered Government: ExplainOrdered Government: Explain Limited Government: ExplainLimited Government: Explain Representative Government: ExplainRepresentative Government: Explain

Landowners vote?: ExplainLandowners vote?: Explain

The Coming of The Coming of IndependenceIndependence

1.1. Britain tightens control and increases taxes: Britain tightens control and increases taxes:

1.1. ““No taxation without representationNo taxation without representation””

2.2. ““No representation without taxation ?No representation without taxation ?”” Explain. Explain.

3.3. 1754-1763: 1754-1763: 7 Years War7 Years War: Proclamation of 1763 and new : Proclamation of 1763 and new Taxes.Taxes.

4.4. The Albany Plan The Albany Plan (Ben Franklin): 1754; trade problems (Ben Franklin): 1754; trade problems with Indians & French (unified militia to defend trade with Indians & French (unified militia to defend trade rights)rights)

1.1. Stamp Act: 1765: 1Stamp Act: 1765: 1stst direct tax on colonies direct tax on colonies

2.2. Stamp Act CongressStamp Act Congress: 1765 boycott—1770 Boston : 1765 boycott—1770 Boston Massacre: Declaration of Rights & Grievances sent to the Massacre: Declaration of Rights & Grievances sent to the King.King.

3.3. Boston Tea PartyBoston Tea Party: 1774: Mob riots and violence towards : 1774: Mob riots and violence towards British goods. British goods.

No taxation without No taxation without representationrepresentation

British RestrictionsBritish Restrictions

Revolutionary War: 1760Revolutionary War: 1760’’ss1.1. Taxes without consent Taxes without consent

(Representatives)(Representatives)a. 1764: Sugar Acta. 1764: Sugar Actb. 1765: Stamp Act: Stamp Act b. 1765: Stamp Act: Stamp Act Congress created 1765Congress created 1765c. Duties on: glass, paint, lead 1767: c. Duties on: glass, paint, lead 1767: Boycotts of British goods, Boston Tea Boycotts of British goods, Boston Tea PartyPartyd. 1774 Coercive Acts: Intolerable Actsd. 1774 Coercive Acts: Intolerable Acts

The Coming of The Coming of IndependenceIndependence

3. King George responds: Boston Massacre 3. King George responds: Boston Massacre 1770; tax on tea, sugar, paper, glass1770; tax on tea, sugar, paper, glass

----Samuel AdamsSamuel Adams & Sons of Liberty 1773 & Sons of Liberty 1773 Boston Tea Party & Committees of Boston Tea Party & Committees of CorrespondenceCorrespondence

4. King George responds: Intolerable Acts 4. King George responds: Intolerable Acts granted King power to pass granted King power to pass ““any law any law which shall be necessary and properwhich shall be necessary and proper””

5. Colonies Respond: 5. Colonies Respond: Stamp Act CongressStamp Act Congress 17651765

The Coming of The Coming of IndependenceIndependence

6. 1774: 16. 1774: 1stst Continental Congress: to list Continental Congress: to list and discuss grievances with King and discuss grievances with King GeorgeGeorge

****Embargo of British goods****Embargo of British goods

7. 1775: 7. 1775: ““shot heard around the worldshot heard around the world”” Lexington and Concord. War BeginsLexington and Concord. War Begins

a. John Hancock (President) & George a. John Hancock (President) & George Washington (Commander of Army)Washington (Commander of Army)

8. 1775: 28. 1775: 2ndnd Continental Congress: Continental Congress:

The Coming of The Coming of IndependenceIndependence

8. 1775: 28. 1775: 2ndnd Continental Congress Continental Congress

a. Thomas Paine: Common Sensea. Thomas Paine: Common Sense

b. Thomas Jefferson: Declaration of b. Thomas Jefferson: Declaration of Independence 1776Independence 1776

***** ***** NationNation’’s first national s first national governmentgovernment

9. Articles of Confederation: 17819. Articles of Confederation: 1781

Agreement to RebelAgreement to Rebel

First State ConstitutionsFirst State Constitutions

4 Common Features: 4 Common Features: 1.1. Popular Sovereignty: ?Popular Sovereignty: ?2.2. Limited Government: ?Limited Government: ?3.3. Civil Liberties: ?Civil Liberties: ?4.4. Separation of Powers/Checks and Separation of Powers/Checks and

Balances: ?Balances: ?--Where did the National Congress receive --Where did the National Congress receive

ideas for a new government?ideas for a new government?

Declaration of Independence Points of notable interest:

1. Natural Rights

2. Unalienable Rights

3. Free from despotism

4. Free from tyranny

5. Right to rebel

READ: List of grievances (27)

List of Grievances (Complaints)1. Refuses to follow law.

2. Forbidden Governors to pass laws.

3. Bureaucratic bribery to execute laws.

4. Executive Agreements.

5. Refused to enforce laws.

6. Corrupt elections and voting procedures.

7. Obstructing the laws of naturalization.

8. Created non-jury court proceedings.

9. Erected a multitude of new bureaucratic offices.

10. Created standing armies and instituted martial law.

List of Grievances (Complaints)11. Commands the military independent of civil power.

12. Foreign wars without declaration of the people.

13. Quartering large bodies of armed troops among us.

14. Diplomatic and Foreign immunity.

15. Cutting off trade with all parts of the world.

16. For imposing TAXES on us without our consent.

17. Depriving us of trial by jury (FISA)

18. Undeclared wars and UN Charter enforcement.

19. Abolishing English Law and founding documents

List of Grievances (Complaints)20. Altering the fundamental forms of our government

21. Suspending our laws through bureaucratic power.

22. Waging war against our people (drug war).

23. Transporting large bodies of mercenaries to complete tyranny and death.

24. Constrained fellow citizens to bear Arms against their country.

25. Created domestic insurrections amongst us.

Articles of Confederation “a firm league of friendship” Confederal

System Powers of Articles: ? Weaknesses of Articles: ? 1777-1787 Daniel Shay’s Rebellion: ? Taxachusetts

(Massachusetts)**********************

Shay’s Rebellion: 2013

Weaknesses of Articles

1. Could not demand Taxes

2. Laws required ¾ consent from states

3. Amendments must be unanimous

4. No paid military

5. No President

6. No Monetary System

Shay’s Rebellion************************************ States taxed each others goods, refused to

trade, put debtors in prison, economic depression, banks calling in loans early.

Massachusetts: 1786 Daniel Shay and farmers march to courthouse to aid debtors from prison sentences. Attacked federal arsenal.

John Jay and Thomas Jefferson: “Threat to Liberty”

Creating the ConstitutionCreating the Constitution

FederalistsFederalists: : LawyersLawyers

BankersBankers MerchantsMerchants

Supporters of New Supporters of New GovernmentGovernment

Hamilton, Madison, Hamilton, Madison, RandolphRandolph

Anti-FederalistsAnti-Federalists: : FarmersFarmers LaborersLaborers

Opponents of New Opponents of New GovernmentGovernment

Jefferson, Franklin, Jefferson, Franklin, Henry, Adams Henry, Adams

Did the Majority Support the Did the Majority Support the Constitution?Constitution?

1913: 1913: Charles BeardCharles Beard: An Economic : An Economic Interpretation of the Constitution of the Interpretation of the Constitution of the United States (1700-1790United States (1700-1790’’s)s)

1.1. Favored wealthy property owners.Favored wealthy property owners.

2.2. Protection of property rights.Protection of property rights.

3.3. Undemocratic process.Undemocratic process.

4.4. Lessens democratic voices in govLessens democratic voices in gov’’t.t.

5.5. No democratic vote for constitution.No democratic vote for constitution.

Drafting the ConstitutionDrafting the Constitution

Philadelphia, May 1787 (secret meeting)Philadelphia, May 1787 (secret meeting)

Who Were the Delegates?Who Were the Delegates?

1.1. Legal Profession, physicians, Legal Profession, physicians, businesspersons, plantation owners, businesspersons, plantation owners, Governors, 50% college graduatesGovernors, 50% college graduates

How did these personalities change the belief How did these personalities change the belief about about ‘‘consentconsent’’ and limited government? and limited government?

Factions among the DelegatesFactions among the Delegates

1.1. Strong NationalistsStrong Nationalists: big national : big national government. A. Hamilton, J. Madisongovernment. A. Hamilton, J. Madison

2.2. Confederation supportersConfederation supporters: G. : G. Washington, Ben Franklin, status quo.Washington, Ben Franklin, status quo.

Nationalists distrusted Nationalists distrusted ““common mancommon man””, , and democracy…Why? Shayand democracy…Why? Shay’’s Rebellions Rebellion

Constitutional CompromisesConstitutional Compromises

James Madison—father of ConstitutionJames Madison—father of Constitution

Worked in secret—Why? Who? Worked in secret—Why? Who?

Virginia PlanVirginia Plan: (Madison), 3 branches, : (Madison), 3 branches, bicameral, representation based upon bicameral, representation based upon state population; force state to obey state population; force state to obey national laws; states guaranteed a national laws; states guaranteed a republican form of governmentrepublican form of government

Constitutional CompromisesConstitutional Compromises

2. 2. New Jersey PlanNew Jersey Plan: unicameral congress; : unicameral congress; equal representation; limited power to tax equal representation; limited power to tax and regulate trade between states; and regulate trade between states;

3. 3. Connecticut CompromiseConnecticut Compromise: : ““Great Great CompromiseCompromise””; bicameral; Upper ; bicameral; Upper Chamber or Senate (equal Chamber or Senate (equal representation); Lower Chamber or representation); Lower Chamber or House of Representatives (popular House of Representatives (popular representation) representation)

Constitutional CompromisesConstitutional Compromises

4. 4. 3/5ths Compromise3/5ths Compromise: 3/5ths of slaves : 3/5ths of slaves could be counted (other persons) but could be counted (other persons) but would pay taxes on them. 13would pay taxes on them. 13thth amendment ended amendment ended ““other personsother persons””

5. 5. Commerce and Slave Trade Commerce and Slave Trade Compromise: Compromise: No export taxes; 20 year No export taxes; 20 year right to trade slaves (1808) Article Vright to trade slaves (1808) Article V

Explain both sides: Explain both sides:

3/5ths Compromise3/5ths Compromise

Issue of Slavery: 1808 Article V; Issue of Slavery: 1808 Article V; Export Taxes: Article I, section 9, clauses 5 Export Taxes: Article I, section 9, clauses 5

& 6 Read: page 66& 6 Read: page 66 Civil War: 1860 Why did South Carolina Civil War: 1860 Why did South Carolina

secede from the Union? Why did Abe Lincoln secede from the Union? Why did Abe Lincoln wait until 1863 to sign the Emancipation wait until 1863 to sign the Emancipation Proclamation? Why did he not free slaves in Proclamation? Why did he not free slaves in Northern states? Why did he wait until 1863 to Northern states? Why did he wait until 1863 to use African Americans in the Union military?use African Americans in the Union military?

Sources of the ConstitutionSources of the Constitution

11 Ancient Greece & RomeAncient Greece & Rome

22 William Blackstone’s: Commentaries on the William Blackstone’s: Commentaries on the Laws of EnglandLaws of England

33 Baron de Montesqueiu’s: The Spirit of the Baron de Montesqueiu’s: The Spirit of the LawsLaws

44 Jean Jacques Rousseau’s: Social ContractJean Jacques Rousseau’s: Social Contract

55 John Locke’s: Two Treatises of John Locke’s: Two Treatises of GovernmentGovernment

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists

Patrick HenryPatrick Henry: : ““I look upon that paper as I look upon that paper as the most fatal plan that could possibly be the most fatal plan that could possibly be conceived to enslave a free peopleconceived to enslave a free people””

Opposed: Richard Henry Lee, George Opposed: Richard Henry Lee, George Mason, Patrick Henry, James Monroe, Mason, Patrick Henry, James Monroe, Thomas JeffersonThomas Jefferson

Supporters: James Madison, Alexander Supporters: James Madison, Alexander Hamilton, George Washington, John Hamilton, George Washington, John Marshall, Edmund RandolphMarshall, Edmund Randolph

Did Malcolm X “re-quote” Did Malcolm X “re-quote” Henry?Henry?

Federalists vs Anti-FederalistsFederalists vs Anti-Federalists

Federalist #10Federalist #10 Federalist #51Federalist #51 Federalist #78Federalist #78

Anti-Federalist Anti-Federalist ResponsesResponses

The Madisonian ModelThe Madisonian Model

SEPARATION OF POWERS**********SEPARATION OF POWERS********** To prevent Tyranny of the majority or minority.To prevent Tyranny of the majority or minority. No one branch could dominate the otherNo one branch could dominate the other CHECKS AND BALANCES************CHECKS AND BALANCES************ 3 Branches with 3 distinct duties3 Branches with 3 distinct duties

Baron de Montesquieu: The Spirit of Baron de Montesquieu: The Spirit of the Laws 1748 **********************the Laws 1748 **********************

Meaning?Meaning?

Electoral CollegeElectoral College

Why was it created?Why was it created? Separation of Powers between Separation of Powers between

Congress and the Presidency.Congress and the Presidency. Can a President win the Electoral Can a President win the Electoral

vote and lose the Popular Vote? G.W. vote and lose the Popular Vote? G.W. Bush-Al Gore, 2000, G. Cleveland-B. Bush-Al Gore, 2000, G. Cleveland-B. Harrison (1888), S Tilden-R. Hayes Harrison (1888), S Tilden-R. Hayes (1876), A. Jackson-JQ Adams (1824) (1876), A. Jackson-JQ Adams (1824)

The Final DocumentThe Final Document

1.1. Popular sovereigntyPopular sovereignty

2.2. Republican governmentRepublican government

3.3. Limited governmentLimited government

4.4. Separation of PowersSeparation of Powers

5.5. Federal System, StateFederal System, State’’s Rightss Rights

The Bill of RightsThe Bill of Rights

““ A Bill of LimitsA Bill of Limits”” on government! on government! 200 suggestions narrowed down to 10.200 suggestions narrowed down to 10. Review the Bill of Rights and prepare Review the Bill of Rights and prepare

for a Bill of Rights Quiz….for a Bill of Rights Quiz…. List one Informal Law or Executive List one Informal Law or Executive

Action or Judicial Interpretation that Action or Judicial Interpretation that negates that right within the Bill of negates that right within the Bill of Rights.Rights.