Historical Roots of Our Government

Unit II

Origins of FreedomsWarm-up

• Create a list of some basic human rights and freedoms.

• Where did you get your ideas about these rights and freedoms?

Origins of FreedomsWarm-up

• Name all 5 freedoms guaranteed in the 1st Amendment of the U.S. Constitution

• Name all 5 members of the Simpsons family

• Name all 3 judges of American Idol

Your Results

• 5 freedoms in 1st Amendment.– Speech– Religion– Press– Assembly– Petition

• 5 Simpsons– Maggie, Homer, Marge, Bart, Lisa

• 3 American Idol Judges– Randy Jackson, Simon Cowell, Paula Abdula

Poll Results

• 1 in 4 Americans can name more than 1 of the 5 freedoms of the 1st Amendment

• More then ½ of the 1000 polled can name at least 2 members of the Simpsons

• 22% could name all 5 members of the Simpsons • Only 1 in 1000 could name all 5 freedoms of the

1st Amendment• More people can name the 3 American Idol

judges than 3 of the freedoms of the 1st Amendment

• 1 in 5 thought that the right to own a pet was a 1st Amendment freedom

• 38% thought that the 5th Amendment right against self-incrimination was a 1st Amendment guarantee

Poll Analysis

• What do you think about the results…why is this so?

• Where do you fall in the poll results• For the next few days we will learn

where colonial Americans got their ideas about basic rights and freedoms

The English Documentsthat Influenced Our Constitution

Magna CartaPetition of Rights

English Bill of Rights

King John I

• King John I– “John the Soft sword”– Not very good at battle

• The Barons (English Nobles) were upset with taxes and his failed wars with France.

• Barons revolted and eventually the two parties met in a field called “Runnymede” where the King signed the Magna Carta.

Magna Carta (1215)

• Established limited government and fundamental rights of English citizens– Legal procedures must be followed– Not even the King is above the law– No bills of attainder – (law is

passed to take away property without a trial)

– Habeas Corpus – Latin for “you shall have the body.” An individual must be brought before the court and charged with a crime.

King Charles I• Struggled for power with

Parliament• Believed in the divine right

theory, like his father (King James)

• Parliament feared that he was trying to gain absolute power

• Many opposed to his actions, especially taxation without Parliament's consent.

Petition of Rights (1628)

• Signed by King Charles.– Challenged the divine right theory– Monarchs must obey the law of the land– No unlawful imprisonment– No martial law in peacetime– No sheltering troops without consent – No taxes without Parliament’s consent

•Charles went against the agreement and this ultimately led to the English Civil war and the Beheading of Charles I.

After the Revolution• Parliament won and set

up the Commonwealth.• Oliver Cromwell & son

led the commonwealth.• Following his son’s rule,

the Stuart Dynasty was restored and Charles II (son of Charles I) became King.

• Then James II (brother of Charles II) took over

William and Mary of Orange

• James II’s daughter Mary and Husband William of Orange invaded England.

• James II fled as William and Mary were welcomed by the army.

• This became known as the “Bloodless Revolution.”

English Bill of Rights (1689)

• Signed by William and Mary– Regular parliamentary elections– Freedom from cruel and unusual punishment– Right to a fair and speedy trial, trial by jury– No taxes or laws without parliament approval

Terms to Know

• Due Process—an established process to court proceedings to make judicial process same for everyone every time.

• Rule of Law—everyone must follow the law, even the ruler.

• Bill of Attainder—a law that allows government to take property without a trial or due process.

• Common Law—an unwritten system of law based on court rulings and tradition.

• Habeas Corpus—an individual must be brought before the court and charged with a crime

Comprehension Questions

• What ideas are common among all three early English documents?

• Why do you think that many ideas were present on more than one document?

• What event brought constitutional monarchy to England?

• What monarch signed each of the early English documents?

• What philosophy was popular among 17th century English monarchs?– What role do you think that played in the signing of the

Petition of Right and English Bill of Rights?

Motivations for Colonization

Religious, Political and Economic

Religious

• King Charles also believed Divine Right Theory

• Favored Anglican form of worship with high Catholic rituals.

• Charles I married a Roman Catholic.

• Puritan Separatists sought to purify the church of Catholicism.

• Came to the new world in search of religious tolerance.

Problem Solution

Political

• Arbitrary rule by Charles I made people want to leave.

• Those exiled during revolution came to the new world as well.

• Sought self-government in the new world.

• Away from the turmoil of England.

Problem Solution

Economic

• 1600s – Economic difficulties swept England.

• Textile industry demanded wool – Enclosure Laws were passed

• Widespread unemployment

• Colonial expansion became a solution for displaced peasants

• Indentured servitude – agreements

• Those who could afford their own passage would find a wealth of natural resources to exploit.

Problem Solution

Seeds of Democracy in the New World

Mayflower CompactVirginia House of

Burgesses

Jamestown Colony

• 1607 –first established• 1612 – Tobacco was

brought to the colony, revolutionized the colony

• 1619 – First Representative Assembly in the “New World”

• House of Burgesses• Served as a model for

future colonies.

Mayflower Compact• 1620 – Mayflower Compact signed aboard ship • Reaction to threatened mutiny• Established a government by the people• Puritan Separatists• The first basis in the new world for a constitution• Real-life example of a social contract

Revolution Warm-up

• “No taxation without representation” became the rallying cry for the American Revolution. Explain how the taxing policies of Britain on the colonists were interpreted as a violation of natural rights…therefore justification for a revolution.

Causes of The Revolution

Underlying British AttitudesSpecific Actions of the British

Underlying British Attitudes

• Salutary Neglect (beneficial neglect)– Until about 1750– England left the colonies alone, they developed

their own systems of government– By 1760, all had developed their own

Constitutions and had own legislatures.– First allegiance was to their colony, not the

King of England.

Underlying British Attitudes

• Why?– England was experiencing political problems

(i.e. King Charles I, Parliament, Cromwell, James II, William and Mary)

– England was 3,000 miles away, made it difficult to govern the colonies.

Underlying British Attitudes

• Mercantilism– Using the colony for the profit of the Mother

Country (England).

• French and Indian War– England and the Colonies vs. French and

Indians.– England accumulated a huge debt, felt the

colonists needed to provide for that debt through taxes.

British Actions/Colonial Reactions

Timeline of Events

From the 1st Continental Congress to The Articles of Confederation

1774• September - October - First Continental Congress

meets in secret in Philadelphia– All colonies represented except Georgia– Sent a Declaration of Rights to King George III– Urged colonies to refuse trade with England (boycott)– Reaction to Intolerable Acts– All colonies, including Georgia, supported their actions

• April - Shots fired at Lexington and Concord. Revolution begins.– The “shot heard round the world”

• May - Second Continental Congress convenes– All colonies attended– Continental army created, Washington – commander in chief– Became our nation’s first national government

• “acting government”• No constitutional basis

• July - Olive Branch Petition - One last effort for a reasonable solution with King George III.

1775

1776• July 4 - Declaration of Independence Ratified by Congress (Written by a committee of

5, most work done by Jefferson)

1777• November - Congress Adopts the Articles of Confederation, pending ratification by

the states.

1781• March - Articles ratified by the last state (Maryland). Had to

be ratified by all 13 states before taking effect.• October – War ends

1783

• September – Treaty of Paris

The Articles of Confederation

Our First Constitution

Approval of the Articles

• Proposed by the Congress in 1777.

• Ratified (formally approved) by last state (Maryland) in 1781.

– Took effect only after all 13 states ratified.

Structure of Government

• Confederation• “League of Friendship”

between the states.• Power rested with the

state legislatures.• Unicameral Congress: One

House, One vote per state.• No Judiciary, No Executive

(“President” of the Congress)

Powers Given to the National Government Under the Articles

1. Declare war, make peace2. Conduct Foreign Affairs3. Make Treaties4. Maintain the Army and Navy5. Manage Indian Affairs6. Set standards of weights and measures7. Establish postal services8. Coin Money

Shays’ Rebellion

• 1786-1787: Massachusetts

• Led by Daniel Shays• Why?• Currency was not

valuable• War Debt & Economic

Problems• Farmers were

required to pay taxes in difficult times.

• Many farmers had fought in the war with no pay.

Shays’ rebellion indicated some serious flaws with the Articles…

• Congress could not directly tax.• When Massachusetts needed help, Congress

could not pay an army.• Needed 9 states to pass any changes• Couldn’t force other states to comply• Needed all 13 states to amend (change) the

articles

SOLUTION

• FIX UP THE ARTICLES!!• A Convention was called in

Philadelphia in 1787 – Later known as the Constitutional Convention.

The Constitutional Convention

“A Bundle of Compromises”

• May, 1787 - delegates from 12 states begin to arrive in Philadelphia to rewrite the Articles of Confederation.– Rhode Island did not attend (Rogue Island)

Representation

• Large States– wanted representation

to be determined by the population of the state

– One of the major components of the Virginia Plan

• Small States– wanted all states to

have the same number of representatives to Congress

– One of the major parts of the New Jersey Plan

Great (Connecticut) CompromiseBicameral legislature

House of Representatives - representation is determined by population

Senate - all states have equal representation: two senators per stateRevenue Bills must begin in the House.

Should slaves count as part of the population?

• Southern States– wanted slaves to count

as part of the population for representation but not for apportioning taxes

• Northern States– wanted slaves to count

for the purpose of taxation but not for representation

The 3/5ths Compromise:Delegates agreed to count slaves as 3/5ths of a person when apportioning representation and

taxation

Tariffs: tax on imports or exports

• Southern Plantation Owners– opposed tariffs fearing

they would damage the Southern economy which was heavily dependent upon exports

• Northern Businessmen– wanted tariffs to

protect their industries from foreign competition

The Commerce Compromise:The Constitution allows the federal

government to tax imports but not exports.

Slave Trade

• Northern Abolitionists– wanted the

Constitution to ban the (external) slave trade.

• Southern Slave Owners– argued that slavery

was vital to the economic survival of the South

Slave Trade Compromise:Congress was not allowed to act on the

slave trade for 20 years

Executive Elections

• Some delegates believed the president should be elected directly by the people.

• Others believed that the people could not be trusted with such a decision.

Compromise – Electoral CollegeThe president is elected indirectly

Abandoned Solution: Have Congress or State Legislatures elect – fear of having President

controlled by other powers.

The Distribution of Power underThe Constitution

The power structure under the Constitution was drastically changed to a Federalist form of

government

The People

The Constitution

The Federal Government

The State Governments

The Signing of The Constitution

• September 17, 1787– 39 delegates signed the

Constitution– 3 refused to sign

(Mason, Randolph, Gerry)

– The 13 who left the convention did not sign

• Constitution now awaits ratification by 9 of the 13 states.

Ratification

1787• September - Constitution is written, awaiting

ratification from 3/4 of states• October - Federalists (supporters of

Ratification) begin to write Federalist papers.

1788

• June - nine states have approved Constitution, takes effect

The Disagreement over Ratification

• Supporters were called Federalists– James Madison– Alexander Hamilton– John Jay

• Emphasized importance of a strong central government to improve on the problems of “the Articles”

• Published “Federalist Papers” in New York

• Opponents were known as Anti-Federalists– Patrick Henry– John Hancock– Samuel Adams

• Opposed surrendering state powers to the central government

• Concerned about a strong Executive (King George paranoia)

• Argued for a Bill of Rights to counteract the strong national gov’t.

1789• February - Washington elected

President. Adams elected V.P.

1790• May - Rhode Island is last state to

ratify the Constitution.

1791• December - Congress passes Bill of Rights.

Establishing the Nation

Common Features of State Constitutions

Civil Rights and Liberties

Popular Sovereignty

Limited Government

Separation of Powers and Checks and Balances

The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign.

The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions.

In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people.

The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government.

Foundations of American Rights

Where did we get our rights?