A History of the United States Government. “If men were angels, no government would be...

A History of the United States Government

“If men were angels, no government would be

necessary.”

-James Madison

The U.S. Constitution is based on 6 basic principles:

1) Limited Government1) Limited Government

2) Popular Sovereignty

3) Separation of Powers

4) Checks and Balances

5) Judicial Review

6) Federalism

Government in the United States originated from experience with a variety of political systems.

Before the first settlers came to America, the MAGNA CARTAMAGNA CARTA was signed in 1215. This document was forced upon King John of England by a

group of barons seeking protection against arbitrary acts by the king.

It established the principles of limited government, due process,

and private property.

Then in 1628, Parliament refused to give King

Charles I additional taxes until he signed the PETITION OF RIGHTPETITION OF RIGHT.

This limited the king’s power by establishing the ideas of trial by jury, no

military rule, no quartering of troops in private homes, and no

taxation without representation.

It prohibited standing army in peacetime, allowed free elections, fair & speedy trial, no excessive bail,

no cruel punishments.

The ENGLISH ENGLISH BILL of RIGHTSBILL of RIGHTS, were signed by King William and Queen Mary in 1688.

The 18th century would The 18th century would produce several free-produce several free-thinking Enlightenment thinking Enlightenment philosophers who vitally philosophers who vitally influenced the founding influenced the founding fathers:fathers:

Nicolo MachiavelliNicolo Machiavelli (1469-1527) wrote The Prince, and focuses on the monarchy. He describes the virtues that a Prince must

have, while noting that some virtues will lead to his

destruction while some vices will allow the Prince to

survive. All virtues must be examined from both sides to

determine if it is a sustaining virtue or a

destructive one.

The Prince should be feared rather than loved, but care must be taken that he not be hated. Five virtues must be exhibited to the outside,even if they are insincere: mercy, honesty, humaneness,

uprightness, and religiousness.


1) Limited Government

2) Popular Sovereignty2) Popular Sovereignty



5) Judicial Review

6) Federalism

Jean Jacques Jean Jacques RousseauRousseau (1712-1788)

“Never exceed your rights

and soon they will become unlimited.”

Rousseau’s most important work is "The Social Contract" that

describes the relationship of man with society. He claimed that the state of nature is brutish condition without law or morality, and that there are good

men only a result of society's presence. He joins together with his

fellow men to form the collective human presence known as "society." "The Social Contract" is the "compact" agreed to among men that sets the

conditions for membership in society.

Rousseau was one of the first modern writers to seriously attack the

institution of private property, and therefore is considered a forebear of modern socialism and Communism.

Rousseau also questioned the assumption that the will of the majority is always correct. He argued that the goal of government should be to secure freedom, equality, and justice for all within the state, regardless

of the will of the majority.

Thomas HobbesThomas Hobbes (1588-1679)

believed that humans were basically

selfish creatures who would do

anything to better their position. Left to themselves, he thought, people

would act on their evil impulses.

According to Hobbes, people therefore should not be trusted to make decisions on their own. In addition, Hobbes felt

that nations, like people, were selfishly motivated. To Hobbes, each country was in a constant battle for power and wealth. Governments were

created, according to Hobbes, to protect people from their own selfishness and evil. Hobbes believed in the rule of a king because he felt a country needed an authority figure to provide direction and leadership, because the people were only interested in promoting their own

self-interests.

Hobbes believed democracy - allowing citizens to vote for government

leaders - would never work. Despite his distrust of democracy, Hobbes believed that a diverse group of representatives presenting the

problems of the common person would, hopefully, prevent a king from being cruel and unfair. Hobbes believed

that an individual could be heard in government by authorizing a

representative to speak on their behalf.

In fact, Hobbes came up with the phrase "voice of the people," which meant that one person could be chosen to represent a group with

similar views. However, this "voice” was merely heard and not necessarily listened to - final decisions lay with the king.

Benjamin Franklin (1706-1790) was 83 years old when he assisted in the writing of the Constitution. The meetings were held in secret in Independence Hall in Philadelphia.Upon completion of the document,

Franklin appeared upon the steps of Independence Hall and stated, “We have given you a Republic; now it’s up to you to keep it.”

What did he mean?What did he mean?




3) Separation of Powers3) Separation of Powers

4) Checks and Balances4) Checks and Balances

5) Judicial Review5) Judicial Review

6) Federalism

John LockeJohn Locke (1632-1704) maintained that the original state of nature was happy and

characterized by reason and tolerance. He further maintained that all human beings, in their natural state, were equal and free to pursue life, health, liberty, and possessions; and that these were inalienable

rights.

The question of whether man would voluntarily put himself under

government is but the first question: there then follows along the next, "What form of government is best." Locke recognized the real danger of leaving absolute power to any one

individual, or group of individuals. Locke thought that government's power

was best limited by dividing government up into branches, with each branch having only as much power as is needed for its proper function.

Charles de Secondat Charles de Secondat MontesquieuMontesquieu (1689-1755) expanded on Locke in The Spirit of Laws, he added the judiciary to Locke's executive and legislature. He admired the English system, and wrote of the separation of powers.

Montesquieu wrote of the three forms of government he recognized:

"republican, monarchial, and despotic." He further divided

republican government into democracy and aristocracy. He wrote of pure democracy, but quickly dismisses this as folly. He also discounted

bodies that advised a monarch, unless the body is chosen by the people.

Montesquieu noted that in a republic, education is an absolute

necessity. He noted the point of education in the three forms: "in

monarchies they will have honour for their object; in republics, virtue; in despotic governments, fear." He felt that democracies are corrupted, and

devolve to despotism or monarchy, when the feeling of equality and fairness evaporate. In this way, a fair and objective judiciary is essential to the health of a democracy.

The concept of SEPARATION OF POWERSSEPARATION OF POWERS divides our governmental powers between three independent and

equal branches.

LegislativLegislativee

ExecutivExecutivee

JudicialJudicial

The Executive Branch has the power VETOVETO over the Legislative Branch, and the power of APPOINTMENT APPOINTMENT

over the Judicial Branch.


ExecutivExecutivee

JudicialJudicial

Veto

Appointment

The Legislative branch has the power of APPOINTMENT APPROVALAPPOINTMENT APPROVAL and VETO OVERRIDEVETO OVERRIDE over the Executive Branch, and the power of APPOINTMENT APPOINTMENT

APPROVALAPPROVAL over the Judicial Branch.


ExecutivExecutivee

JudicialJudicial

Approve

Appointments

Approve

Appointments

Override Veto

Veto

Appointment

The Judicial Branch has the power of JUDICIAL JUDICIAL REVIEWREVIEW over both the Executive Branch and the

Legislative Branch.


ExecutivExecutivee

JudicialJudicial

Approve

Appointments

Approve

AppointmentsOverride Veto

Veto

Appointment

Judicial

Review

Judicial Review


ExecutivExecutivee

JudicialJudicial

Approve

Appointments

Approve

AppointmentsOverride Veto

Veto

Appointment

Judicial

Review

Judicial Review

This system of each branch having powers over every other branch, called the system of CHECKS CHECKS

AND BALANCES.AND BALANCES.

CHECKS CHECKS and and

BALANCESBALANCES






5) Judicial Review

6) Federalism6) Federalism

Thomas Paine Thomas Paine (1736-1809) wrote of the two main types of government in The Rights of Man: monarchy and republic. He notes that government is formed on two bases, reason and ignorance.

Only when reason triumphs over ignorance can the best form of government, a republic, emerge. Otherwise ignorance allows monarchy to survive.

He expounds on three principles. First, that men are born and remain always free and equal in their rights.

Secondly, political associations are created solely to preserve these

rights. And thirdly, the nation, as it is based upon the people, can only have rights granted to it by the people.

Paine also wrote The Age of Reason, a critique of the Bible, for which he was best known, and loathed for, while he

lived.

FEDERALISMFEDERALISM is a form of government in which a written constitution divides up the power of the

government between a central government and several local governments.

Federal Government

Michigan

MaineKansas

Florida

Georgia

Nebraska

Oregon

Texas

CONFEDERALISM,CONFEDERALISM, in contrast, is several groups together for a common purpose. It contains a

very small central government .

Federal Government

Michigan

MaineKansas

Florida

Georgia

Nebraska

Oregon

Texas

Confederal Government

Alabama

North Carolina

South Carolin

a

Mississippi

ConfederalisConfederalism was the m was the model for model for the Articles the Articles of of ConfederatioConfederation after the n after the RevolutionarRevolutionary War and y War and also for the also for the Confederacy Confederacy during the during the Civil War.Civil War.

Florida

Georgia

INFLUENCES on the AMERICAN COLONIES

The first colonies were established in America by the:

French, 1608 Quebec

British, 1607

Jamestown

Dutch, 1614 New Amsterdam

Spanish, 1595 St. Augustine

1620 Plymouth

The people who settled these areas brought with them their own diverse ideas

about government.

In 1664, the Dutch settled New Amsterdam was surrendered to the British, given to the Duke of York, and renamed New York.

However, the influences of the Dutch on the government in the

American colonies was instrumental.

The 13 original colonies were established separately over

a span of 125 years.

There were 3 types of colonies:

1)Royal

2)Proprietary

3)Charter

1) Royal Colonies were subject to the direct control of the King.

The king named a Governor to serve as

the chief executive. A council served as an advisory board. They

shared the power to tax and spend and appoint judges for the courts.

At the start of the Revolution, there were eight Royal Colonies: New Hampshire, Massachusetts, New York, New Jersey,

Virginia, North Carolina, South Carolina, and Georgia.

2) Proprietary Colonies were subject to the control of the

Proprietor, to whom the king had made a grant of land. The proprietor appointed the Governor and the

council.

At the start of the Revolution, there were three Proprietary Colonies: Maryland,

Delaware, and Pennsylvania.

3) Charter Colonies were granted to the colonists themselves. The governors of these colonies were elected each year by white, male property owners. Approval by the

king was necessary.

At the start of the Revolution, there were two

Charter Colonies: Connecticut and Rhode Island.

In 1754, Benjamin Franklin proposed the ALBANY PLAN ALBANY PLAN of UNIONof UNION, which

called for representatives from the 13

colonies to come together and

discuss problems within the

colonies. The plan was turned down by the

colonies and the Crown.

From 1756 to 1763, France and Britain fought a war over their possessions in America.

The result of the French & French & Indian WarIndian War was France being pushed out of mainland America into the Canadian territory north of the St. Lawrence River.

After the French &

Indian War, England was

deep in debt. King

George raised

taxes in the

colonies to raise money

for the monarchy.

The colonists protested these taxes by forming the Stamp Stamp Act CongressAct Congress in 1765. Nine colonies met in New York and drew up a lists of grievances, primarily protesting “taxation without

representation.” It was the first time most of the colonies had joined together to protest the king.

Colonists formed BOYCOTTS BOYCOTTS against British goods. In 1770, the British would fire into the crowd, killing 5, in what came to be known as the BOSTON BOSTON

MASSACREMASSACRE. The famous BOSTON TEA PARTYBOSTON TEA PARTY would occur in 1773, when a group of patriots dressed

as Indians and dumped British tea into the harbor.

In 1774, fifty-five delegates from all of the colonies except Georgia, met in Philadelphia to discuss the situation and plans for action.

This FIRST CONTINENTAL CONGRESSFIRST CONTINENTAL CONGRESS sent a Declaration of Rights to King George III, protesting Britain’s

colonial policies.

The SECOND CONTINENTAL SECOND CONTINENTAL CONGRESSCONGRESS met in

Philadelphia on May 10, 1775, shortly after the first shots had been fired at Lexington and

Concord. All 13 colonies sent

representatives to Congress including

Benjamin Franklin (PA) and John Hancock (MA). Hancock would be chosen

President of the Congress and George Washington would be commander in chief of

its army.

John Hancock

In June 1776, Richard Henry Lee proposed to Congress that the

colonies should be free from English rule. The DECLARATION of DECLARATION of

INDEPENDENCEINDEPENDENCE was written by Thomas Jefferson and adopted on July 4,

1776.

Most of the State

governments were set up in 1776 and 1777 with written

constitutions.

The

ARTICLES of CONFEDERATION

Why did the Constitution need to

be written?

In 1778, representatives from the 13 colonies met to write the

ARTICLES OF ARTICLES OF CONFEDERATIONCONFEDERATION.

The Articles were written by a group of people with no tradition of working

together. They were used to having a King, and being assigned land

with specific conditions.

The first Constitution for

the federal government was ratified on

November 15, 1777. The Second Continental

Congress set the date for

ratification as March 1, 1781.

The Articles of Confederation provided for a “friendship” among the 13 colonies. Powers granted to the Congress included:

1)Make war and peace

2)Receive Ambassadors

3)Borrow money

4)Set up a monetary system

5)Raise an army and navy

6)Fix uniform weights and measures

7)Settles disputes among the states.

Weaknesses of the Articles included:

1) One vote for each state

2) Congress cannot lay or collect taxes

3) Congress cannot regulate commerce

4) No executive to enforce acts of Congress

5) Amendments with unanimous consent of Congress

6) 9/13 majority to pass laws

7) No national court system

8) 13 monetary systems

9) League of “friendship”

Their primary concern in writing the Constitution was to create a “weak” government, which included:

•No King

•No taxes

•Dependence upon the States for “donations” to the federal cause.

PROBLEM: The Revolutionary War had created an enormous debt through the issuing of bonds, IOUs, “borrowing” food from the farmers, soldier’s pay. The new country needed money for

debts, old and new.

Additionally, the States needed money for their own debts.

Rivalries developed between the States. For example, Virginia could pay officers with land in Ohio. Maryland had to raise

taxes, duties, and tariffs. They began taxing one another and, at one point,

Maryland tried to tax the federal government. This would eventually result

in the Supreme Court case:

McCulloch vs. Maryland

New York began trading with France, while North Carolina began trading with Britain.

Why was this a problem?

Another problem was that each state had it’s own

currency.

Money was just like carrots…..each state

continued to print more.

Why is this a problem?

1) rampant inflation

2) NY businessman selling in RI, wants NY money but will probably be paid in RI money.

One of the great strengths of the

Articles of Confederation was it’s provision

for the NORTHWEST NORTHWEST ORDINANCE of 1787ORDINANCE of 1787

and the LAND LAND ORDINANCE of ORDINANCE of

1785.1785.

This NW Ordinance was for the government of the Territory of the United States northwest of the River Ohio. It included the present states of Wisconsin, Michigan, Illinois,

Indiana, and Ohio.

•Appoint a governor to make rules for each area where people settled.

•When 5,000 free male settlers over the age of 21 came to an area, it could start its own legislature to make its own laws. It would then be called a territory. A territory could later become a state.

•Legislators from a territory could go to Congress, but they could not vote.

•People living in territories were given the same rights as all Americans.

•When 60,000 free people moved to a territory they could write a state constitution and ask to become a state. Free people did not include blacks or slaves.

The NW Ordinance allowed for:

Land was to be systematically

surveyed into six mile square

townships. Each of these townships were

sub-divided into thirty six sections of one square mile or 640 acres. These sections could then

be further subdivided for sale to settlers and land

speculators.

The Land Ordinance established the basis for the Public Land Survey SystemPublic Land Survey System..

Section 16 of each township was set aside for schools.

During the 1780s, the During the 1780s, the weaknesses to the Articles weaknesses to the Articles

became apparent.became apparent.

States became suspicious of other states and arguments broke out

among them.

States refused to support the centralized government.

States started taxing one another.

States printed their own money.

In 1786, Madison and Hamilton called for the

Annapolis Convention to work out trade

problems.

The result was that they agreed to meet again in Philadelphia for what is now known as the

CONSTITUTIONAL CONVENTION.

Financial chaos broke out in the colonies. Inflation soared, debts went unpaid, and violence broke out as a

result of the economy.

Eventually, people demanded a new government. By February of 1787,

delegates met in Philadelphia to form the CONSTITUTIONAL CONVENTIONCONSTITUTIONAL CONVENTION.

In May, Edmund Randolph proposed the VIRGINIA PLANVIRGINIA PLAN to the delegates. It called for 3

separate branches, with a

bicameral legislative branch with

representatives to be chosen

based on population.

Then, William Paterson would introduce the NEW JERSEY NEW JERSEY

PLANPLAN, designed to give each state equal

representation.

Those who supported the Constitution became known as FEDERALISTS.

Those who opposed the Constitution were known as ANTIFEDERALISTS

Famous Federalists include:

Alexander Hamilton wanted the United States to be the strongest nation in the world and supported full federal government sovereignty. He believed that the government should consist only of landholders, merchants, and educated men, who would rule over the people.

James Madison saw government as a filter of the people and of interests. Madison's plan for a large republic is best summed up in Federalist number 10, in which he explains that the federal government would draw the best men and a compromise of interests would be reached.

George Washington

John Adams did not get along with Hamilton who sought to prevent his election to the presidency in 1796. The split between Adams and Hamilton resulted in Jefferson's becoming the next president.

Famous Antifederalists include:Richard Henry Lee argued that in an extensive country it was impossible to represent the interests of all parts of the country.

Patrick Henry put the general feelings of the people best when he stated somewhat sarcastically "But we are told that we need not fear; because those in power, being our representatives, will not abuse the powers we put in their hands." Henry put forth that tyranny was created by rulers and not by the "licentiousness of the people."

Thomas Jefferson was appointed to President Washington’s cabinet as Secretary of State. He became known as an antifederalist and eventually resigned after heated arguments with Alexander Hamilton.

A series of newpaper articles appeared in the

colonial newspapers

defending the need for a new constitution. These articles,

written by Alexander Alexander

HamiltonHamilton, John John JayJay, and James James MadisonMadison would

become known as THE FEDERALIST THE FEDERALIST

PAPERSPAPERS.

The Constitution

was ratified in

17891789 , with much criticism.

Some of the states thought that the government would compel them to pay high taxes. Others were concerned that a

“President” would oppress them in the same manner as a “King”.

High on the list of complaints was the absence of a Bill of Rights.

The first nine States to ratify the Constitution were:

Delaware

PennsylvaniaNew Jersey

Georgia

Connecticut

Massachusetts

Maryland

South CarolinaNew Hampshire

1787

Virginia (1788)

New York (1788)

North Carolina (1789)

Rhode Island (1790)

……all agreed after the Constitution had taken effect.

•Treaties

•Taxes

•Commerce

•Currency

The Constitution stipulates solutions for:

The Federal Government retains sole

power in these areas.

Historically, Britain believed in an unwritten constitution with virtual representation by:

King

House of Lords

House of Commons

But, America wanted a republican form of government. Madison was

afraid of factionalism resulting in the reemergence of the monarch or

the rule by the elite.

Traditional definition of Republicanism is the Representative

does what is BEST for the citizen even if the citizen doesn’t know it

VS.

Democracy (voting)

To prevent a “rule by the elite,” writers of the Constitution formed the concept of:

CHECKS & BALANCESCHECKS & BALANCES

Executive branch Enforces laws

(President)

Judicial branch Interpret laws (Supreme Court)

Legislative branch Makes laws (Congress)

Pow

er o

f app

oint

men

t

App

rove

app

oint

men

ts

Veto

pow

er

Ove

rrid

e th

e ve

to

Judicial Review

Judicial Review

Pow

er of appointment

Approve appointments

The greatest controversies

occur when the President does

something without

Congress’ consent.

Originally, Senators were appointed by the House, so the Senate represented the State.

The Eleventh Amendment states that individuals cannot sue the States.

So…….the Senate preserves power and the State.

Most Federal income came from tariffs, because the south didn’t want property tax.

WHY?

Slaves were considered property.

But the south wanted slave population counted in the census.

WHY?

For reapportionment and representation reasons.

The result was the 3/5 COMPROMISE.

Each slave counted as 3/5 person for taxation and representation purposes.

Article I, Section 8: Commerce clause

Prohibits States from trade across national borders.

Up to Civil War, Congress did little with commerce.

After the Civil War, the commerce clause has been used to regulate business, civil rights, etc.

Most government services you use are STATE services.

WHAT IS THE RELATIONSHIP BETWEEN GOVERNMENT AND INDIVIDUALS?

The Constitution is more about what the State and National Government CANNOT do.

The BILL OF RIGHTS protects individuals from the Federal Government.

The FOURTEENTH AMENDMENT protects individuals from the State.

THE END

(Assignment on next slide)

ASSIGNMENT: Write a report about a lesser known patriot whose ideas influenced the creation of government in the United States.

Suggestions:

Robert Morris George Read Caesar RodneyThomas McKean George Clymer John MortonBenjamin Rush George Ross James SmithJames Wilson George Taylor Samuel AdamsJohn Hancock Robert Treat Paine Elbridge GerryJoshiah Bartlett Wiliam Whipple Matthew ThorntonStephen Hopkins William Ellery Lewis MorrisPhilip Livingston Francis Lewis William FloydButton Gwinnett Lyman Hall George WaltonRichard Henry Lee Francis Lightfoot Lee Carter Braxton

More suggestions:

Benjamin Harrison George Wythe Thomas Nelson, Jr.William Hooper John Penn Joseph HewesEdward Rutledge Arthur Middleton Thomas Lynch, Jr. Thomas Heyward, Jr. Abraham Clark John HartFrancis Hopkinson Richard Stockton John WitherspoonSamuel Huntington Roger Sherman William Williams Oliver Wolcott Charles Carroll Samuel ChaseThomas Stone William Paca John Langdon Nicholas Gilman Rufus King Nathaniel Gorham Roger Sherman William Samuel Johnson Alexander Hamilton William Livingston David Brearley William Paterson Jonathan Dayton Thomas Mifflin George Clymer Thomas FitzSimons Jared Ingersoll

More suggestions:

Gouverneur Morris James Wilson George Read Gunning Bedford, Jr. John Dickinson Richard Bassett Jacob Broom James McHenry Daniel Carroll Thomas Jenifer John Blair James Madison, Jr. William Blount Richard Dobbs Spaight Hugh Williamson John Rutledge Charles Pinckney Charles Cotesworth Pinckney William Few Pierce Butler Abraham Baldwin John Wentworth, Jr. Francis Dana James Lovell Samuel Holten William Ellery Henry Marchant John Collins Roger Sherman Samuel Huntington Oliver Wolcott Titus Hosmer Andrew Adams James Duane Francis Lewis William Duer Nathaniel Scudder

More suggestions:

Daniel Roberdeau Jonathan Bayard Smith William Clingan Joseph Reed Thomas McKean John Dickinson Nicholas Van Dyke John Hanson Daniel Carroll John Banister Thomas Adams John Harvie Cornelius Harnett John Williams Henry Laurens William Henry Drayton John Mathews Richard Hutson Thomas Heyward, Jr. John Walton Edward Telfair Edward Langworthy

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