British Origins to American Government

Identifying traditions taken from colonists British heritage

History of English Government

Feudalism (1066)Idea of Social Contract: land in exchange for service & loyalty. Based on social class (Nobility, Vassals, Peasants)Important in the development of constitutional government.

Rights of Englishmen

Established slowly over the history of Britain. Evolved over time, on basis of experiences and political philosophy.

English History in a nutshell

English history is the story of the bloody struggle for power.

13th Century: struggle between monarch and Parliament.

Parliament: a council of nobles created to advise the monarch, which then became a branch of government that represented the most powerful groups in the kingdom.

14th century: parliaments divided into two houses:House of Lords: represented the interests of the feudal nobility & major churchmen.House of Commons: represented the people who were not nobility but still possessed wealth & stature, including knights.

For hundreds of years, Parliament and monarch struggled for power.

As well, to protect the rights of of Englishmen documents were written to limit the power of the monarch.

Development of Parliament

Advantages to legislative body:Kings of England found it an effective way to raise money from their subjects & a way to make important laws.English subjects found Parliament to be an effective way to voice their grievances to the monarch & limit/check his/her power.Eventually, Parliament became so important to English government that it was capable of challenging the king’s ability to act without support.

British Constitution

British constitution did NOT exist before the creation of government.

NOT a single document.Combination of common law, acts of parliament & political customs & traditions.

Documents were written during time of great conflict.

Magna Carta (1215)Petition of Rights (1628)English Bill of Rights (1689)

Importance of the Magna Carta

Government should be based on social contract.

based on an agreement between the ruler and the people to be ruled.

Limited the power of the ruler.Guaranteed due process of law (trial by jury)

Natural rights may not be denied by government.

Rights of the governed could not be violated.Due process of law

Trial by juryVenueWitnesses

Right to petition governmentRestricts cruel & unusual punishment

Petition of Right

Ultimate power struggle in England’s government came to head in 17th century.

Civil War

Philosophical ideas: Challenged the idea of “divine right”Taxes could only be raised with the consent of Parliament.Strengthened the idea of natural rights and social contractRepresentation vital for successful functioning of government.

Protected Rights: Due process of lawNo quartering of soldiers.

Another Action of Parliament

Due process of law essential to social contract & trust in government.Habeas Corpus Act of 1678:

orders government to deliver a person it has arrested to a court of law and an explanation as to why that person has been arrested and jailed.If government cannot provide evidence to show that a person has broken the law, the person must be set free.

English Bill of Rights 1689Primary objective:

limit the power of the monarch by placing the dominant power of government to Parliament.

Philosophical Ideas:Government gets it power to rule from social contract. Protection of individual rights is purpose of government. Established the rights of citizenship.Formal amendment process established.

Protected Rights: Trial by juryProhibits cruel & unusual punishmentRight to petition governmentRight to bear arms

Impacted the writings of: Declaration of IndependenceConstitution & US Bill of Rights.

English Bill of Rights v. US Bill of Rights

English Bill of Rights DOES NOT guarantee all freedoms listed in US Bill of Rights:

freedom of speech, freedom of religion, or freedom on press.

English Bill of Rights was ratified by Parliament & can be changed.

US Bill of Rights CANNOT be amended!

English Bill of Rights was intended to limit the power of the monarch & increase the power of the Parliament.

US Bill of Rights is intended to prohibit federal government from violating individual rights of all people.

Similarities between English Bill of Rights & US Bill of Rights:

Rule of Law:Both government & the governed must obey the laws of the land.

Parliamentary Supremacy:Parliamentary law is the highest law of the land.National supremacy of federal government.

Government by contract & consent:Based on Locke’s idea of a social contract.Popular sovereignty.Protection of natural rights.

Road Toward Independence

Why was America the first nation to break with monarchy and embrace republicanism?

Geography Home Rule tradition

The state assemblies also provided the nation with:

Elective politicians experienced in negotiating collective agreement.Ample experience in constitution writing.

Limitations to Home Rule

Their limited home rule did have some disadvantages.

No experience regulating commerce.No independent military.Little experience in foreign relations.Little experience working together.

Challenges to Home Rule & Responses to British

ImpositionsStamp ActStamp Act CongressBoston Tea PartyCoercive ActsRestraining Acts

• First Continental Congress

• Declaration of Rights & Grievances

• Committees of Observation

Second Continental Congress

War had broken out.The Continental Congress became the national government.They had no legal authority to conduct a war.Need for coordination (unity).

Created state governments.Most states chose bicameral legislatures.Created governorships.Drafted state constitutions.

Declaration of Independence

Thomas Paine’s Common Sense. Richard Henry Lee called for creation of a new nation separate from Britain.

Committee to draft resolution.http://www.loc.gov/exhibits/treasures/trt001.html

Thomas Jefferson.Declaration of Independence.

Signed by each member of the Second Continental Congress.

Creation of a national government

Framer’s used experiences and philosophical traditions to decide for themselves what good government would look like.

Articles of ConfederationUS Constitution