ORIGINS OF AMERICAN GOVERNMENT

Chapter 2

Our Political Beginnings

The Beginning

North American Exploration Begins In Mid-16th Century

European explorers, traders, & settlers French, Dutch, Spanish,

Swedes, & the English English settlers most

numerous Native American

dominations begins to fade

Basic Concepts of Government

English settlers brought their own traditions and customs

English law has deep roots in Middle Eastern & Ancient Roman Traditions

Brought ideas on government Ordered Government Limited Government Representative Government

Ordered Government

Orderly regulation of relationships is key Creation of local offices; many still found

today Sheriff Coroner Assessor Justice of the Peace Grand Jury Counties & Townships

Limited Government

Government should not be all-powerful Individual rights should not be touched

by the government

These ideas have a strong hold in English government & law practice

Representative Government

Government should serve the will of the people

People should have a voice in the government

Notion of “government of, by, and for the people”, took root in colonial America

Legislative Bodies

Unicameral One chamber/legislative house Used in early colonial legislatures Nebraska only state that has a unicameral

legislature Bicameral

Two chambers/legislative houses Adopted from English Parliamentary system

House of Lords & House of Commons American standard federally and with the

States

Landmark Documents & Events

Magna Carta

Known as the “Great Charter”

Signed by King John in 1215 at Runnymede

Unhappy barons tired of heavy taxes and military campaigns Pressured King John

Protection from unfair act by the Crown

…Continued

The Magna Carta Included Trial by jury Due process Protection of taking of life,

liberty, or property Intended for the upper

classes Evolved into including all

classes Est. that monarchial

power was NOT absolute

Petition of Rights

Magna Carta fell in and out of favor

Parliament began gaining more influence

1628 Charles I asked Parliament for money Parliament demanded he

sign the “Petition of Rights”

Heavily limited King’s powers

…Continued

Power Limitations Imprisonment could not

occur without a judgment by a jury of peers

No martial law in times of peace

No quartering of troops by private citizens

Challenged “Divine Right” King subject to the laws as

well

The English Bill of Rights

1688 saw the end of conflicts in England

William & Mary of Orange crowned Called the “Glorious

Revolution” Parliament began

drawing up the Bill of Rights Officially accepted in

1689

…Continued

English Bill of Rights included Prohibition of a standing army

during peace time Parliament elections should be

free Prohibition of the Crown levying

money Petitions can be heard by the

king The Crown could no longer

tamper with English Law Right to a fair trial No excessive bail or

cruel/unusual punishment

The English Colonies

13 colonies est. over 125 years Outposts & forts became thriving communities Virginia,1607

Jamestown Commercial venture, company owned trading operation

Massachusetts, 1620 Settled for religious freedom

Georgia, 1733 Savannah Haven for English debtors and petty criminals

Penal Colony

The Coming of Independence

Britain’s Colonial Policies

Colonies controlled by the Crown Privy Council & Board of Trade in London

Parliament little interest in management (trade only)

Colonies under framework of royal control London was over 3000 miles away Self-government evolved Colonial legislatures

Broad lawmaking power Power of the purse

…Continued

Development of a “Federal” system London provided

defense and dealt with foreign affairs

Colonies allowed to self rule, hardly taxed, and they ignored trade regulations

George III

Began his reign in 1760

More firm dealings with colonist Enforced ignored

regulations New taxes imposed

to support troops in the Colonies

Colonial Response

“Taxation without representation” Felt there was no need for stationed

troops French had been defeated in 1763

The Government was across the ocean Out of touch with colonial life

Saw themselves as British The questions posed: Submit or Revolt?

…Continued

The Stamp Act Congress Crown’s tax and trade polices angered the

Colonies Stamp Act-1765

Tax on legal documents, business agreements, & newspapers

“Taxation without representation” October 1765-Stamp Act Congress meets

Colonies but GA, NH, NC, VA gathered in New York

Prepared “Declaration of Rights & Grievances” Sent petition to the king Parliament repealed the Stamp Act

Tensions

Parliament closing the gap between the Colonies and London

Colonial boycott of English goods Refusal to buy or sell certain products or

goods March 5, 1770-Boston Massacre (5

Killed) December 16, 1773-Boston Tea Party

Men dressed as Native Americans board three English ships in Boston Harbor

Dumped cargo overboard

…Continued

Committees of Correspondence formed Grew from the idea

of Samuel Adams in Boston

Spread across colonies

Exchange of information among patriots

The Congresses

First Continental Congress

Intolerable Acts passed in 1774 Punishment for Boston Tea Party

Sept. 5, 1774 Congress meets in Philadelphia GA did not attend Political minds of the day Prepared and sent Declaration of Rights to the

king Called for end of English trade until Acts repealed Adjourned in October with plans to meet in May Support grew over the months for FCC

The Second Continental Congress

1774-1775; British stand by colonial policies

Reaction to the Declaration of Rights Stricter and more repressive measures

Congress Met again in Philadelphia

May 10, 1775 The Revolution had already begun

“Shot heard ‘round the world” Battle at Lexington and Concord on April 19

…Continued

Representatives All 13 colonies participated Ben Franklin, John Adams, &

John Hancock Hancock picked as president of

the Congress Accomplishments

Continental Army Created George Washington chosen as

Commander-in-Chief Jefferson replaces Washington on

Virginia’s delegation

Our First National Government

SCC forced to become the first national government

No constitutional base Denounced by British as unlawful and

treasonous Waves of growing public support Served for 5 years (1776-1781) Each Colony had 1 vote Legislative & Executive power linked

together

…Continued

Accomplishments Fought a war Raised an army & navy Borrowed money Bought supplies Created a monetary system Negotiated treaties

The Declaration of Independence

Richard Henry Lee proposed separation from Britain Resolution of June 7, 1776 Committee picked to prepare

Declaration Adams, Franklin, & Jefferson

Work on Declaration of Independence

July 2, 1776, Delegates agreed to Lee’s resolution

…Continued

July 4, 1776 Declaration of

Independence proclaimed Independence declared in

1 paragraph 2/3 speak of injuries by

the Crown that led to revolt

Called for equality of all men

56 men signed the final document

The Critical Point

The Articles of Confederation

Lee’s resolution called for the unifying of the States

Articles of Confederation created Nov. 15, 1777 “Firm League of Friendship” Each state would remain sovereign Ratification came slowly

Delaware: February 1779 Maryland: March 1781

Government Structure

Simple government Unicameral legislature

Delegates picked by their state Each state had only 1 vote No executive or judicial branches

Committees in Congress Annual choice for President of the

Congress “Presiding Officer” of Congress not the

U.S. Civil officers appointed by Congress

Powers of Congress

Make War & Peace Send & Receive Ambassadors Make Treaties Borrow Money Set Up a Monetary System Establish Post Offices Build a Navy Raise an Army of State Troops Fix Uniform Weights & Measures Settle Disputes Between the

States

State Obligations

States would obey the Articles Promised to provide funds and troops Equality of all citizens Full faith and credit to other state’s actions Surrender fugitives Submit disputes to Congress Open travel & trade Responsible for protection of life, property,

& happiness of citizens

Weaknesses

Congress Could Not Tax Raise money through borrowing or asking the States Borrowing became a poor choice Revolutionary debt high and unpaid States never met financial requests of Congress

No regulation of interstate trade Lack of power to make states obey laws 9-13 vote to pass laws Changes made to the Articles had to be unanimous

No amendments ever made

The 1780’s

At War’s End

Revolutionary War ended on October 19, 1781

Treaty of Paris confirmed U.S. victory in 1783

…Continued

Problems began to surface at home Weak central government Suspicion and jealousy between states Refusal to support central government States made agreements with foreign

powers Forbidden by the Articles

Taxes and bans on other state’s goods Soaring prices & poor credit Skyrocketing debt

Shays’ Rebellion

Economy worsened People losing property & possessions to pay

on taxes & debts 1789-Danial Shays of MA leads an armed

uprising Officer during Revolution Uprising closed state courts Lead unsuccessful assault on Springfield arsenal Fled to Vermont MA response: Pass debt easement laws

A Need For A Strong Government

Demand grew for strengthening central government

Large property owners, merchants, traders, & creditors worried about shaky economy

March 1785 Virginia & Maryland meet at Mt.

Vernon Recommended Federal plan of

regulating trade January 21, 1786

…Continued

September 1786 5 of the 13 States meet in Annapolis Called for second meeting the following

May February 1787, 7 of 13 States plan

attendance Congress calls for states to send

delegations Met in Philadelphia Would become the Constitutional

Convention

Creating the Constitution

The Framers

55 Delegates met at the Philadelphia Convention “an assembly of demi-gods” –Jefferson Attributes

Well educated Revolutionary war vets, members of Continental

Congress & Art. of Confed. Congress 7 State governors 2 Future Presidents, 1 future VP Average age: 42

½ in their 30’s Franklin was the oldest member at 81

Organization & Procedures

Met in Independence Hall George Washington elected president of

the convention Every state had one vote, majority vote

would carry a measure Adapted a rule of secrecy Recommended changes to Articles of

Confederation Feeling of creating something new Eventually push to replace Articles of

Confederation

The Virginia Plan

Proposed by Madison 3 Separate branches of government

Leg, Ex, & Jud Bicameral Legislature

Representation based on states population or monetary funds

House members- Lower house, popularly elected Senate members- Upper house, chosen by House

members off list of State appointees A of C powers kept by Congress Congress would have more force backing them

The New Jersey Plan

Proposed by William Paterson Called for Unicameral Legislature

Equal representation of the states Limited taxing ability and interstate

trade regulations Plural Executive picked by Congress Federal Judiciary

Supreme Tribunal appointed by the Executive

Compromises

States bickered over representation Large states expected to dominate Small states worried of infringement of

rights & interests Connecticut Compromise

2 Congressional Houses Senate- equal representation House- representation based on population

Supported strong central government The “Great Compromise”

…Continued

3/5 Compromise Q. Should slaves be counted in a state’s

population? Southern states wanted slaves counted

Boost representation in the House Northern states highly apposed

Agreement Free people counted as a whole Slaves considered 3/5 of a person Southerners would also have to pay for their

slaves

...Continued

Commerce & Slave Trade Compromise Agreement Congress needed control of

trade South feared Northern Control

Congress paid through taxes on exported goods- Tobacco

Interference with Slave Trade Agreement

Congress could not tax exported goods from the States

Congress could not act against the Slave Trade for 20 years

The End

States had differing views & interests States separated by geography & economic

goals “Bundle of Compromises” Seeing Eye-to-Eye

Federal government was needed Government needed power Popular sovereignty & limited government Separation of powers & Checks and

balances

…Continued

Committee of Stile & Arrangement September 8, 1787 Gouverneur Morris head

of committee September 17 work

approved 39 men signed the

finished document Printed and sent

throughout the States

Ratification

The Fight To Ratify

Constitution was meant to replace the A of C

9 states needed to ratify the document to enact it Formal consent by the States

Copies sent out September 28, 1787 Heavily debated and discussed

throughout the Country Two distinct groups formed

Federalists Anti-Federalists

Federalists

Stressed weaknesses of the Articles of Confederation

Knew that a strong government would help the infant country Economical & socially

James Madison & Alexander Hamilton some of the most active

Anti-Federalists

Attacked the Constitution Disapproved of the

Ratification process Demoralized by the lack of

God in the document Disdained lack of the States

ability to print money Disliked the increase in

central governmental power Disheartened by lack of a

“Bill of Rights”

Nine States Ratify

Delaware the first: December 7, 1787

New Hampshire the ninth: June 21, 1788

New York & Virginia had yet to ratify Fear that without

their support the Government would fail

Virginian Ratification

Followed NH four days later

Heated battles, Strong debates

George Washington supported the Constitution

Madison persuaded Jefferson’s support

New York Ratification

Eleventh state: July 26, 1788 Saw rise of “The Federalist” papers

85 essays Written by A. Hamilton, J. Madison, & J. Jay Supported Constitution Printed in newspapers and eventually

collected into books End of long battle for ratification

The New Government

September 13, 1788 11 of 13 States under “…federal roof”

New York picked as temporary capital New government inaugurated the

following March March 4, 1789 at Federal Hall April 6, George Washington elected

President Unanimously John Adams elected VP

April 30, Washington takes the Oath of Office