Basic Concepts of Government

Ordered Government – early English colonists saw the need for a orderly regulation of their relationships with one another

Limited Government – government is restricted in what it can do, and each individual has certain rights that government cannot take away

Representative Government – government should serve the will of the people

Landmark English Documents

Magna Carta – written in 1215 by King John, established that power of the monarchy was not absolute and guaranteed trial by jury and due process of law to the nobility.

Petition of Right – signed by Charles I in 1628, challenged the idea of the divine right of kings and declared that even the monarch was subject to the laws of the land

English Bill of Rights – agreed on by William and Mary in 1689, designed to prevent abuse of power by English monarchs.

The English Colonies

Royal Colonies – subject to the direct rule of the crown. New Hampshire, Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia. Ruled by a governor and council, both appointed by the king. Council served as upper house of colonial bicameral legislature, and the highest court in the colony

The English Colonies (cont.)

Proprietary Colonies – Maryland, Delaware, and Pennsylvania. Organized and run at the discretion of a proprietor, a person holding a land grant from the king.

Charter Colonies – Connecticut and Rhode Island. Based on charters granted to the colonies themselves, and largely self-serving.

Britain’s Colonial Policies

Parliament took little part in the management of the colonies. Laws passed by Parliament, still affected the colonies, but matters of colonial administration were largely left to the Crown.

Colonies largely relied on self-government due to the fact that London, and law-makers, were more than 3,000 miles, and a 2 month boat ride away.

Growing Colonial Unity

New England Confederation – “league of friendship” formed in 1643 by the Massachusetts Bay, Plymouth, New Haven, and Connecticut settlements for defense against Native Americans.

Colonists became more united following the Albany Plan of Union during the French and Indian War, and through the Stamp Act Congress, where colonists came together to protest taxation without representation.

The First Continental Congress

Organized in Philadelphia in 1774. Discussed the colonies’ difficult situation and debated plans for action that included a Declaration of Rights, a refusal of trade with England, and a boycott.

The Second Continental Congress

Met in Philadelphia in May 1775, after the revolution had begun. Representatives from each of the 13 colonies met. John Hancock was chosen as president of the Congress. George Washington was appointed commander of the Continental Army.

Drafted the Articles of Confederation, our first Constitution.Also, the 2nd continental congress raised the 1st national army

Declaration of Independence

Thomas Jefferson was the main authorJefferson relied heavily on the works of John

Locke.Locke argued that the legitimacy of

government sprang from the consent of the governed, and that people were born free with rights to life, liberty, and property. If governments failed to protect these rights, they then lose their right to govern.

The First State Constitutions

4 Common Features Popular Sovereignty – government can exist and

function only with the consent of the governed. The people hold power, and the people are sovereign.

Limited Government – the powers delegated to government were granted reluctantly and held many restrictions

Civil Rights and Liberties – People have certain rights that the government must respect.

Separation of Powers and Checks and Balances – powers divided between three branches of government, with each branch given powers with which to restrain the actions of the other branches

The Articles of Confederation

Governmental Structure Unicameral Congress, made up of delegates

chosen yearly by the States. Each state held one vote. Civil officers would be appointed by Congress

Powers of Congress Make war and peace Make treaties Borrow money Build a navy Raise an army Settle disputes among the states

Weaknesses of the Articles

One vote for each state, regardless of sizeCongress powerless to lay and collect taxes

or dutiesCongress powerless to regulate foreign and

interstate commerceNo executive branch to enforce lawsNo national court systemAmendment only with consent of all statesA 9/13 majority required to pass lawsArticles only a “firm league of friendship”

A Need for Stronger Government

After the failure of the Articles of Confederation, delegate agreed to meet in Philadelphia in 1787 to fix the problems of the Articles.

Delegates ended up writing an entire new constitution.

Creating the Constitution

The Framers Men of wide knowledge and public experience, wealth

and prestige. Many had fought in the revolution, 39 of the 55 had been members of the Continental Congress or Congress of the Confederation, 8 served in state constitutional conventions, 7 had been governors, 8 signed the Declaration. 31 had attended college. 2 would become President, 1 would become VP, 17 later served in Congress.

Organization and Procedure

George Washington was elected president of the convention and rules were adopted. A majority of the States would need to conduct

business. Each state had one vote on all matters and majority ruled.

Delegates also decided to keep matters secret from the outside

Representation

Virginia Plan – presented by the delegates from Virginia. Called for a three-branch government with a bicameral legislature in which each state’s membership would be determined by its population or its financial support for the central government Favored larger states

New Jersey Plan – presented as an alternative to the Virginia Plan. Called for a unicameral legislature in which each state would be equally represented Favored smaller states

Compromises

Great (Connecticut) Compromise – Congress would be composed of a Senate, in which representation would be equal, and a House, in which representation would be based on a state’s population.

3/5 Compromise – slaves would be counted as 3/5 of a person for representation and taxation

Commerce and Slave Trade Compromise – denied Congress the power to tax state exports, and said Congress could not end the slave trade until 1808

Electoral College – method for electing the president

Sources of the Constitution

William Blackstone’s Commentaries on the Laws of England

Charles de Montesquieu’s The Spirit of the Laws

Jean Jacques Rousseau’s Social ContractJohn Locke’s Two Treatises of Government

Ratifying the Constitution

Federalists vs. Anti-Federalists Federalists stressed the weaknesses of the Articles and

argued that the Republic’s difficulties could be overcome only by a new government based on a new Constitution

Anti-Federalists attacked nearly every part of the new document. Mostly they objected to the increased power of the national government, and the lack of the bill of rights.

The Federalist Papers – collection of 85 essays written by James Madison, John Jay, and Alexander Hamilton to sway votes for the Constitution. These essays were written directly to the people, and

were designed to speak to the common person and explain why this new system is important. Had to be signed by 9 states before it could become law