The Roots of Democracy

PART ONE: Historical Background

Requirements of “The State”

Population: Must have people San Marino: Smallest state with 22,000 citizens

China: Largest state with over 1 billion citizens. 1 person in 5 on the planet is Chinese.

Territory: Must have land with recognized boundaries. San Marino: Smallest state with 22 square miles Russia: Largest state with 7 million square miles, 1/6th of

the land area of the earth. U.S.A.: 3.78 million square miles.

“The State” Continued

Sovereignty: Must have the ability to rule itself. A U.S. State cannot be a “State”, it is under control of the

U.S. Constitution. Guam and the Virgin Islands are not “States”, they are

territorial possessions of the U.S.

Government: A State must be politically organized.

Origins of “The State”

The Force Theory: One person or group uses force to take control and make other submit to their rule.

The Evolutionary Theory: The State evolved from the nuclear family unit over time.

Family>Clan>Tribe>State

Divine Right Theory: State created by God and Royalty was given power by God to rule.

Widely accepted in Europe from the 15th-18th Centuries. Challenge of this idea brought about modern democracy. Also seen in Chinese, Egyptian, Mayan and Aztec

Civilizations

Origins of The State: Social Contract Theory

The State was developed as a contract to protect the people.

People offer to give up only enough power to ensure their well-being and is VOLUNTARY act of free people.

The State exists ONLY to serve the needs of the people. People can GIVE or WITHHOLD power to the State as

they choose. Theory developed in the 17th and 18th Centuries by John

Locke, Thomas Hobbes and others.

Historically Significant English Documents

The Magna Carta: In England in 1215, barons forced then King John to sign first document limiting the power of a Monarch:

Included fundamental rights such as Trial by Jury, Due Process of Law, Protection against restriction of Life, Liberty and Property.

Originally intended just for privileged class, but evolved to include all English People over time.

The Petition of Right: 1628, Parliament limits King Charles I's Power:

No martial law or rule by the military, King must obey law of the land

The English Bill of Rights

1688: Parliament forces William and Mary of Orange (the nominated monarchs) to sign English Bill of Rights.

Prohibits standing army in peacetime. All elections are free. People have the right to petition the King without

prosecution. Parliament must approve taxation. Fair and speedy trial Freedom from excessive bail and cruel and unusual

punishment.

Early American Government Concepts

Colonists brought many ideas of governance from England:

Ordered Government: The relationships of many of the ruling bodies, especially at the local level, were identical to those in England- Sheriffs, Grand Jury, Justice of the Peace, Counties.

Limited Government: Government is limited in power and Citizens have rights that cannot be taken away.

Representative Government: Government should serve the will of the people and people should have a voice in the actions of government.

Government in the Colonies

Each of the original 13 colonies was established by a CHARTER: Written grant of authority by the King of England. Over time, these evolved into three different types of Colonies: Royal Colonies, Proprietary Colonies and Charter Colonies.

Royal Colonies

Royal Colonies (NH, MA, NY, NJ, VA, NC, SC, GA): Colonies under direct rule of King.

King named Governor and an advisory Council, all report directly to the Crown.

Council seen as the Judicial Branch of Government, appointing judges and hearing court cases.

Elected legislature made up of land-owners, makes laws, but laws must be approved by the King.

“The Power of the Purse”: Power of the Legislature, Governor and Council to Tax and Spend.

Proprietary Colonies

Proprietary Colonies (MD, PA, DE): Land was owned by a “Proprietor” who was licensed by the King and could rule (for the most part) as they saw fit.

The Proprietors: Lord Baltimore owned Maryland, William Penn owned Pennsylvania and Delaware.

Governor was appointed by the Proprietor. Appeals about decisions were allowed- through the King.

The Charter Colonies

Charter Colonies (RI and CT): Based on Charters from 1662/1663 granted to “The Colonists” themseves.

Largely self-governing. Governors elected by white, land owning males. Laws made by elected legislature not subject to

Governor's Veto and did not need Crown's approval. Charters for RI and CT went on to become state

constitutions after American Independence.

The Coming of Independence

Before 1760, there was little English involvement in the governance of the Colonies, but some interest in “Unionization” of the colonies.

1643: New England Confederation- A 'League of Friendship' between a number of New England settlements to defend against Native Americans. Friction between settlements caused Confederation to break up.

Albany Plan of Union

1754- Plan by B. Franklin to form annual congress of delegates of each of the 13 colonies.

Congress would have power to raise military and navy and make war and peace with natives

Congress would have power to regulate trade, levy taxes and collect customs duties.

Agreed to by the original meeting members, declined by the colonies and the King.

Royal Control in the 1760s

King George III begins to take a much stronger interest in the colonies:

Strict regulations of trade and tariff. Increased taxes to raise money for battles with France in

the French and Indian Wars. Increased military presence of British soldiers. Rulers become more and more out of touch with the will of

the Colonies.