Roots of American Democracy

1. Roots of American Democracy Chapter 2

2. Our English Heritage Section 1 Objective: TSW explain the British legal influences on the American colonies.

3. Influences from England’s Government • When the English people began settling America in the 1600s, they brought with them a history of limited and representative government. • For centuries, England was ruled by a monarch, but the noble families also had considerable power. ( Ownership of property = loyalty, tax payments and promises of military support.

4. Magna Carta • King John treated the nobles harshly, and in 1215 they rebelled against him. • Forced him to sign the Magna Carta (Latin for “Great Charter”).

5. Magna Carta • It was a contract between the ruler and the ruled. • Protected the nobles’ privileges and upheld their authority. • Granted certain rights to all landholders, which gradually applied to all English people: • Equal treatment under the law. • Trial by one’s peers. • Limited the power of the government • No one above the law - not even the monarch.

6. Parliament • Began with Henry III – the king who followed King John. • He met regularly with a group of nobles and church officials for advice and assistance. • Over time, this group grew in size and power, and was expanded to include representatives of the common people.

7. Parliament • By the late 1300s, it had turned into a legislature (lawmaking body) known as Parliament. • English monarch cooperated with Parliament for the next few centuries, and its power continued to grow.

8. The Glorious Revolution • In 1688, after a long series of power struggles with the monarchy, Parliament removed King James II from the throne, and invited his daughter Mary and her husband William to rule instead. • In doing so, Parliament proved that it was stronger than the monarchy. • This transfer of power is known as the Glorious Revolution.

9. Impact of the Glorious Revolution • Changed the idea of government in England: • No ruler will have more power than the legislature. Parliament > Monarchy • To clarify this new relationship between monarch and legislature, Parliament drew up a special document - Bill of Rights of 1689.

10. Bill of Rights of 1689 • The monarch cannot: • Suspend Parliament’s Laws • Create Special Courts • Impose Taxes • Raise an army without Parliament’s consent. • Parliament freely elected • Parliament guaranteed free speech • Every citizen has the right to trial by jury • No cruel and unusual punishments

11. English Common Law • Early in English history, there were no written laws. • People developed rules to live by, and these customs came to have the force of law. • As a court system developed in England, judges looked at the rulings in previous, similar cases before making a decision – this is called precedent, still used today. • Thus, the courts gradually built up a series of consistent rulings and laws.

12. English Common Law • This system of laws, based upon precedent and custom, became known as common law – it rests on court decisions rather than formal regulations written by lawmakers. • Although common law came about completely by accident, it has worked well enough to still be used today. • Our own laws about property, contracts and personal injury are based on common law.

13. Bringing the English Heritage to America • 1600s and 1700s – England establishing colonies in North America. • Colonists remained loyal subjects of England, and brought English political traditions with them: • Accepted common law • Rulers NOT above the law • Expected a voice in the government

14. Jamestown • First Permanent English Settlement in North America – Jamestown, Virginia. • Founded in 1607 by the Virginia Company • The Virginia Company was a group of London merchants with a charter from King James I. • This charter promised the colonists: • “all liberties … as if they had been abiding and born within this our Realm of England.” • So … they expected a political system like England’s, with the same rights.

15. Virginia House of Burgesses • Jamestown was first governed by a governor and a council appointed by the Company • In 1619, colonists chose 2 representatives from each county to meet with the governor and his council. • These 22 men formed the House of Burgesses, and were the first representative assembly in the English colonies. • Had little real power, but marked the beginning of self-government in America.

16. The Mayflower Compact • 1620 – Pilgrims arrived in America • Landed in Plymouth, Massachusetts • Realized they needed rules if they were to survive in the new land, and drew up a written plan for government: • The Mayflower Compact • “Just and equal laws for the general good of the colony” • Direct democracy, in which all men would vote • Majority rule • Established a tradition still in New England today

17. Early Colonial Governments • Jamestown and Plymouth led to other colonies • 1733 – 13 colonies from Georgia to Massachusetts, each with its own government • Each had a governor, either elected colonists by the or appointed by the king • Each had a legislature elected by the free adult males, most modeled after Parliament

18. Early Colonial Governments • Over time, colonial governments took on more power, while the king and Parliament were dealing with issues at home. • Colonists grew used to making their own decisions: • Built towns and roads • Organized churches, schools, hospitals and fire departments • Built a thriving economy • Became comfortable solving problems on their own, without help from England

19. The Birth of a Democratic Nation Section 2 Objective: TSW analyze the colonists’ path to independence.

20. Colonial Self-Government • Over 3,000 miles of ocean separated the American colonies from Great Britain. • Result : • Colonists got used to taking care of themselves • Got a lot of valuable experience in self-government. • At first, Britain left them mostly alone… 3,000 miles

21. Britain Tightens its Grip • George III takes the throne in 1760 • Britain starts using mercantilism to squeeze as much money as possible out of the colonies • Colonies supposed to be a source of cheap, raw materials – like lumber and cotton • Forced colonies to sell these things to Britain at very low prices • Colonists had to buy British manufactured goods at high prices King George III

22. Britain Tightens its Grip • French and Indian War ends in 1763 • Pro – Britain gets French land in North America • Con – War costs a LOT, as does ruling new land • To pay for this, Britain placed steep taxes on the American colonies • Stamp Act: 1765 • Colonists had no representative in Parliament, so they believed that Britain had no right to tax them • “No Taxation Without Representation!”

23. Colonial Resistance and Rebellion • In protest of the Stamp Act, colonists began to boycott British goods, hoping to hurt the British economically. • It worked partly – Parliament agreed to repeal the Stamp Act. • Parliament wasn’t giving up, though – passed the Declaratory Act of 1766, saying that it did have the right to govern and tax the colonies.

24. Colonial Resistance and Rebellion • 1767 – Townshend Acts • Taxed goods like glass, tea, paper and lead, that the colonists could not make themselves. • Colonists once again boycotted these goods. • 1773 • Tea Act (monopoly to the East India Company) • Boston Tea Party • Coercive Acts/Intolerable Acts

25. Movement Toward Independence • First Continental Congress – September 1774 • Representatives from all of the colonies except Georgia met in Philadelphia • Sent a document to George III, demanding that the rights of the colonists be restored. • April 1775 – George responds with force • Battles of Lexington and Concord • People begin talking about independence…

26. The Second Continental Congress • Began meeting in May 1775 • Deeply divided over what to do; debated for many months • January 1776 – Thomas Paine publishes Common Sense, arguing for complete independence from Britain • By 1776, over half of the delegates agreed with Paine Thomas Paine

27. The Declaration of Independence • The Continental Congress appointed a committee to write a document formally announcing the colonies’ independence from England. • Thomas Jefferson did almost all of the work. • Explained why the colonies should be a free nation.

28. The Declaration of Independence • Argued that the British government did not look after the interests of the colonists. • Included a long list of complaints. • Called George III “A Tyrant … unfit to be the Ruler of a free People.”

29. Democratic Ideals of the Declaration of Independence • Purpose of government to protect the rights of the people. • Government based on the consent of the people. • People are entitled to change or overthrow a government if it disregards their rights of their will. • Based on the ideas of John Locke – English philosopher.

30. John Locke • Second Treatise of Government – 1690 • Good government is based on a social contract between the people and rulers • People agree to give up some of their freedom and follow the decisions of the government • In return, the government promises to protect the lives, property and liberty of the people • If the government misuses its power, people should rebel • All people have the right to life, liberty and property.

31. An Uncertain Future • Second Continental Congress approved the Declaration on July 4, 1776 • America was now independent – at least in theory. • But first … they had to win the war…

32. The Nation’s First Governments Section 3 Objective: TSW describe the first federal government under the Articles of Confederation.

33. Early State Constitutions • 1776 – New Hampshire was the first state to draft a constitution; other states followed by 1780, and were fairly similar • Legislatures to make the laws; most were bicameral • Governors to enforce the laws • Judges and courts to interpret the laws • Bill of rights

34. The Massachusetts Constitution • 1780 – last of the former colonies • Unusual in 3 ways • Instead of making the legislature supreme, distributed power more evenly among the three branches • Governor and courts given the power to check the legislature • Not created by the legislature, but by a special convention of delegates and approved by citizens • Would later become the model for the US Constitution • Still in use!

35. The Articles of Confederation • Colonies/states needed to band together in order to defeat Great Britain • 1777 – Second Continental Congress drew up the Articles of Confederation to unite the colonies. • Established a “league of friendship”, or a system of cooperation among the states • First Constitution of the United States

36. The Articles of Confederation • One house legislature – each state had 1 vote • Control the army • Negotiate with foreign powers • Did NOT have: • Power to tax • Power to enforce laws • Could not require the states to do anything • All States had ratified by 1781

37. Weaknesses of the Articles of Confederation • Lack of Power and Money • Congress has no power to collect taxes. • Congress had no power to regulate trade. • Congress had no power to enforce its laws. • Lack of Central Power • No single leader or group directed government policy. • No national court system. • Rules Too Rigid • Could not pass laws without approval of 9 states. • Could not change Articles without all 13 states.

38. A Shaky National Government • Even though America won its independence, it still had problems. • Because it could not collect taxes, Congress borrowed money to pay for the way – a debt that would take years to repay. • State governments also in debt, and so had imposed heavy taxes that actually hurt trade – but Congress had no power to fix it.

39. A Shaky National Government • Riots broke out in many states. • One of these, Shay’s Rebellion in Massachusetts, served as a wake-up call to the American people. • Realized they needed a stronger national government. • 1787 – 12 states sent delegates to Philadelphia to revise the Articles of Confederation.