Lesson 5:     What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold?

Lesson 5 Purpose

This lesson describes how basic ideas of Constitutional government were developed and used in the American colonies before independence.

It also explains how social and economic conditions in America sometimes required old ideas about government to be adapted or discarded.

Occasionally the colonists needed to create entirely new institutions.

Lesson 5 Terms & Concepts

Charter A written document from a government or ruler that grants certain rights

to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land.

Constituent A person represented by an elected official.

Covenant A binding agreement made by two or more persons or parties. In

Protestant churches during the Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was such a covenant.

Indentured Servant A person who voluntarily sold his or her labor for a set period of time in

return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century.

Lesson 5 Terms & Concepts (Continued)

Magistrate A lower-level judicial officer, usually elected in urban areas,

who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official.

Mayflower Compact An agreement to form a political body signed on November

21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony."

Suffrage The right to vote.

Lesson 5 Objectives

Describe the early development of America’s traditions of constitutional government.

Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government.

Evaluate, take, and defend position on The differences between life in colonial American and in

England during the same period. The relationship between natural rights theory and slavery

in America How natural rights philosophy and history help to explain

the colonists’ views of the proper role of government.

Colonial Settlements = Constitutional Experiments

England provided two incentive plans for settlers Royal Proprietorship (11 of 13 colonies)

Land given to friends of the king Proprietors then found ways to lure settlers to

their colony Joint-Stock Company (Virginia)

Land given to companies in order to generate profits (business)

Mayflower Compact Pilgrims lay foundation for Massachusetts

gov’t Early example of social contract theory

The Unique American Experience

Higher wages and more land available

Colonists ignore many English land customs (primogeniture: land passed down to eldest son)

Wealth & family name did not mean automatic success / Ambition & hard work as, if not more, important for success

The chance to improve one’s life became a fundamental ideal of America

The Rights of Colonial Charters

Many royal charters (written documents that granted rights) echo ideals of Magna Carta

Tradition of expressing rights in writing became an essential part of American constitutions

Examples of rights granted Habeas Corpus Trial by Jury Right to own property Avoid self-incrimination Free from cruel & unusual punishment

Whose Rights Were Excluded?

In some colonies the following rights were restricted Only Protestant White Men could vote Women not granted political rights ½ to 2/3 immigrants were indentured servants

(similar to slavery until period of indenture ended)

Native Americans treated as foreigners, often removed from land

African slavery 1760 - 20% of population Treated as property, denied basic human rights

Colonial Ideas of Constitutional Gov’t

Fundamental Rights Started as fundamental rights of Englishmen Developed into protections under natural rights

philosophyRule of Law

Government official must obey the laws and could not exercise power arbitrarily

Separation of Powers Legislatures – Make laws Governors - Enforce laws Courts – Interpret laws

Colonial Governments: More Representative Than Britain?

Property requirements for voting

Land in American relatively easily to obtain, so % of eligible voters larger than in England

Colonial legislatures served shorter terms, meaning more voter choice

Members of colonial legislatures needed to live in the district they represented, unlike England

Lesson 6:     Why Did American Colonists Want to Free Themselves from Great Britain?

Lesson 6 Purpose

The growth of the American colonies raised issues with Great Britain that were difficult to resolve peacefully.

This lesson describes the circumstances that produced the Declaration of Independence and the major ideas about government and natural rights included in that document.

Lesson 6 Objectives

Describe the British policies that some American colonists believed violated basic principles of constitutional government and their rights as Englishmen.

Explain why Americans resisted those policies and how that resistance led to the Declaration of Independence.

Evaluate the arguments that the colonists made to justify separation from Great Britain.

Evaluate, take, and defend positions on Violations of colonists’ rights before the Revolution. Important questions about the meaning and implications of

the Declaration of Independence.

Lesson 6 Terms & Concepts

Compact A formal contract or agreement between or among two or more parties

or states. (ex. The Mayflower Compact of 1620)Law of Nature

In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling persons what they may and may not do in various circumstances. In philosophy, laws of nature have often referred to the rules that would prevail in the absence of man–made law. Natural law is conceived to contain standards of justice that apply to all people.

Sovereignty The ultimate, supreme power in a state. Democratic theory states that

the people as a whole are sovereign; the citizens of the United States constitute the sovereign people.

Writ of Assistance A document giving a governmental authority the power to search and

seize property without restrictions. Abolished in American law, the use of such writs by the British government was a major issue during some phases of the American Revolution.

A Change in British Policy

Generations of colonists had little interference from British government in their daily affairs.

However, in 1763 Britain wants colonists to help pay for

war w/ French (7 Years War, 1756-1763) Proclamation Act ‘63– Bans colonial

settlements west of Appalachians Stamp Act ’65 – New taxes on colonists

to raise revenue Quartering Act ‘65 – Required colonists

to shelter British troops in their homes

Colonial Resistance

New restrictions & taxes caused some economic hardship & challenged colonists’ understanding of representative government.

“No taxation w/o representation.”Sons of Liberty help organize popular

resistance. Rarely used violence, but political agitation

precipitated crowd action.

Colonial Resistance (Continued)

’66 – Parliament repeals Stamp Act, but passes Declaratory Act, which asserts Britain's full power & authority over colonies.

Parliament offers Writs of Assistance to officials to search & seize colonial property.

‘70 – Clash between British Troops and colonists, 5 colonists killed (Boston Massacre)

’73 – Colonists protest Tea Act by dumping 45 tons of tea into Harbor (Boston Tea Party)

British Respond with “Intolerable Acts” Closed Boston Harbor, granted more power to

Royal Governors, limited town meetings, authorized British troop occupation

Organized Resistance

‘74 – Colonial representatives meet in Philadelphia , vote to ban trade w/ Britain (1st Continental Congress)

Radical colonists plan to overthrow gov’t since it no longer protected colonists’ rights. (Minutemen)

‘75 – British march to Concord, MA to seize hidden arms & ammunition & arrest Patriot leaders

Revere rides through countryside warning that …“Shot heard round the world…”

REVOLUTION BEGINS!

Purpose of the Declaration

Continental Congress appoints committee to prepare a declaration of independence from Britain

Jefferson’s draft rejects the British government’s sovereignty over the colonies

The Founders knew it was important to justify this action to other nations and to identify the basic principles of a legitimate government

The Declaration’s Main Arguments & Ideas

The Declaration renounces the monarchy and appeals to natural rights common to all

Asserts ideal of popular sovereigntyNatural Rights

Constitutions & governments cannot violate them Social Contract

Human Equality Humans are politically equal, neither God nor

nature appointed some at birth to rule over othersGovernment by Consent

People grant consent to gov’t to protect natural rights

The Declaration’s Main Arguments & Ideas

“A Long Train of Abuses” Destroying colonial legislatures Limiting role of colonial judges Keeping standing British armies in peacetime Quartering soldiers among civilian population Imposing taxes without colonial consent Depriving colonists trial by jury Changing constitutions of colonial government

Right of Revolution If British government has become corrupt and fails

to perform its proper duties, colonist have right to establish their own free and independent nation

Lesson 7:     What Basic Ideas about Government

and Rights Did the State

Constitutions Include?

Lesson 7 Purpose

After declaring Independence, the Founders designed new state government to protect individual rights and promote the common good

This lesson shows how the Constitution of Massachusetts in particular was designed to achieve these ends.

It also shows how State constitutions served as a model and had great influence on the development of the U.S. Bill of Rights.

Lesson 7 Terms & Concepts

Checks & Balances In American constitutional thought, distributing and

balancing the powers of government among different branches so that no one branch or individual can completely dominate the others.

Legislative Supremacy A system of government in which the legislative branch has

ultimate power. Parliamentary government is such a system. Veto

The right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment. Under the U.S. Constitution, it is the power of the president to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law

Lesson 7 Objectives

Explain the basic ideas about government and rights that are included in state constitutions.

Explain how the experiences of the states in developing their constitutions and bill of rights influenced the framing of the US Constitution and Bill of Rights.

Evaluate, take, and defend positions on The theory of legislative supremacy. The importance of the Virginian Declaration of

Rights, and the role of declaration of rights in early state constitutions.

The Colonies’ Status Following the Declaration

States were not yet a “country,” only united by fight against Great Britain

Between ‘76 – ’80, each stated adopted a new constitution All based upon natural rights, rule of law, republicanism, and constitutional gov’t

Basic Ideas of State Constitutions

Higher Law and Natural Rights Constitutions limit governmental power Purpose of gov’t is to protect natural rights

Social Contract Each constitution created through an agreement w/

the peoplePopular Sovereignty

Ultimate governing authority rests with the peopleRepresentative Government

All legislature composed of representative elected by voters

Basic Ideas of State Constitutions

Legislative Supremacy Legislatures (makes laws) most powerful branch Leg. Most capable of reflecting will of the people Executive (enforces laws) is less accountable to

people and should not be trusted with too much power Judiciary (judges) should not be trusted w/ too much

power eitherChecks & Balances

Parts of each legislature checked (limited) power of other

Usually done through multiple houses (House of Reps & Senate)

How Did Massachusetts Differ?

Strong Executive Governor popularly elected Governor’s salary was fixed (could not be changed by

Leg.) Governor could revise laws, appoint Leg. officials and

judgesRepresentation of Various Economic Classes

(Classical Republicanism) Large Property Owners = Can elect governor

(Executive) Mid-level “ “ = Can elect upper house members

(Legislative) Low-level “ “ = Can elect lower “ “ “ “ “ “

The Virginia Declaration of Rights

Listed specific rights of the people, including: Freedom of the press Rights of criminal defendants Gov’t cannot deprive natural

rights All power is derived & kept by

the people Gov’t is instituted for common

benefit, protections, and security. If not, it can be abolished. (Class. Repub., Social Contract)

Freedom of religion