CHAPTER 2

1. CHAPTER 2 Origins of American Government

2. BASIC CONCEPTS OF GOVERNMENT • Earliest English settlers brought to America knowledge of a political system, established laws customs, practices, and institutions that had been developed for centuries. • 3 ideas that were a large part of the development of our government. • 1. Ordered Government • Orderly regulation of peoples relationship with one another • Local governments do this (sheriff, coroner, assessor)

3. 2. Limited Government • Government is not all powerful • Government is restricted in what it can do, and each individual has certain rights that the government can not take away. • No member of the government is above the law. • 3. Representative Government • Government should serve the will of the people • People should have a voice in deciding what government should and should not do.

4. Landmark English Documents • 1. Magna Carta 1215 • King John was forced to sign it by the nobles because he was taxing them heavily, and they were looking to protect there rights from his abusive rule. • It included many fundamental rights like trial by jury, due process of law, protection against arbitrary arrest. • Limited the power of the king (king could not tax without the approval of the council of the Nobles)

5. 2. Petition of Right 1628 • Limited the Kings power in several ways. • King could not imprison or punish anyone without a jury trial • King could not impose martial law in peace time • No taxes without the consent of Parliament • No sheltering of troops in people’s homes without their consent. • King must obey the law of the land.

6. 3. English Bill of Rights 1689 Glorious Revolution • No standing army in peace time without the consent of Parliament. • Parliament elections were to be free elections • Right to a fair trail, no excessive bail, no cruel and unusual punishment. • Right to petition the king.

7. Articles of Confederation • After the Declaration of Independence the 2nd Continental Congress needed to create a plan of government. • Articles of Confederation (Nov 15.1777) Weak government (ratified 1781) • Set up a firm league of friendship among the states • Each state would keep its sovereignty • The states came together for their common defense, the Articles created an alliance of independent states • Governmental structure • Congress which was unicameral • Congress was made up delegates chosen yearly by the states • Each state had only one vote in Congress • No executive or judicial branch

8. Powers of the Confederation Congress • Make war and peace • Send and receive ambassadors • Make treaties • Borrow money, establish a currency system • Establish post offices • Build a navy, raise an army by asking the states for troops • Fix uniform standard of weights and measures • Settle disputes among the states

9. State obligations • Obey the Articles and acts of Congress • Promised to provide the funds and troops requested by Congress • Treat citizens of the other states fairly and equally • Give full faith and credit (public records and judicial proceedings) • All open trade and travel among the states • Surrender fugitives • States keep those powers not explicitly given to the Congress

10. Weaknesses of the Articles • Congress could not tax (Borrow money or ask the states for funds) • Congress could not regulate trade • Congress could not force the states to follow laws passed by Congress (no national court system) • Took 9 of the 13 states to pass a law in Congress • Took all 13 states to amend the Articles • States did not provide troops when called on by congress

11. Need for a Stronger Government • The Articles had created a government unable to deal with the nation’s problems. Over time demand grew for a stronger, more effective national government. • Economic issues • Military issues • Shay’s rebellion (Massachusetts) farmers rebellion • Those that were most threatened by economic and political instability took the lead in efforts to reform the national government.

12. Mount Vernon Meeting • Maryland and Virginia had been dealing with bitter trade disputes took the first steps in reform. • They ignored Congress and agreed to meet to settle their trade issues. • Each state sent representatives to Washington’s house, the negotiations went very well that on January of 1786 the Virginia General Assembly called for a meeting of all that states to deal with the commerce issue.

13. ANNAPOLIS MEETING • Because of the Success of the meeting at Mount Vernon. Virginia called for a meeting of all states to recommend a federal plan for regulating commerce. • The meeting which opened on Sep11,1786 did not go well. Only 5 of the states sent representation. • So another meeting was called for the following May in Philadelphia to consider changes to the Articles to make the government adequate to the nations needs. • Feb 21,1787 the Confederation Congress called for the states to meet in Philly to revise the Articles. • This meeting becomes the Constitutional Convention.

14. CONSTITUTIONAL CONVENTION • 12 of the 13 states (Rhode Island) sent delegates to Philadelphia. • There was 74 delegates chosen by the states but only 55 attended • The Framers of the Constitution were a new generation of political leaders many of the Revolutionary leaders refused to attend. • Average age was 42 and most of them were in their 30’s • New leaders included James Madison (father of the Constitution) • Governeur Morris, Edmund Randolph, Alexander Hamilton • Other leaders George Washington Ben Franklin (81) • 46 members of the Continental Congress or the Confederation Congress • 7 had been state governors • 8 signed the Declaration of Independence • 34 attended college • 2 would become President and 1 VP • 19 later serve in the Senate and 13 in the House of Reps

15. The convention meet in the Pennsylvania State House (independence Hall) From May 25 1787 September 17 1787 (meet 92 of the 116 days) • The unanimously elected Washington president of the Convention • They adopted rules of procedure • 1. a majority of the states would be needed to conduct business • 2. Each state delegation would have only one vote on all matters • 3. The debate in the meetings would be keep secret from the public Why? • 4. reconsider an issue freely no decision was final until the work was done. • As the meeting got started the delegates agreed that they were going to create an entirely new Constitution (May 30th) this was an act of treason because the Confederation Congress had called this convention to make revisions to the Articles of Confederation.

16. Many delegates came to the meeting convinced that the Articles were so bad that they needed to create a new plan of government • James Madison had already drafted a plan for a new government before arriving at the Convention. • As the Convention started the Virginia delegation, led by Edmund Randolph, presented to the convention the plan that Madison had drawn up.

17. VIRGINIA PLAN • This plan proposed by Madison called for a strong national government organized into 3 governmental branches. • This government would have the power to make and enforce its own laws • Collect its own taxes • Each citizen would be governed by two governments which would get their power from the people • The existence of two governments each given a certain amount of authority over the people this is called federalism.

18. The first branch of government was the legislative branch • It was to be made up of two houses • House of Representatives which would be elected directly by the people of each state • Senate which would be elected by the members of the House of Reps from a list of nominated people by the state legislatures • The number of representatives in both houses of the legislature would be based on the population of each state. Larger populated states would have more representatives • Powers given to the legislature • Make all laws that the states could not make (regulating trade between states) Supreme power on all matters • The power to veto state laws that it considered to be in violation of the national constitution • Call on the armed forces against a state to enforce the laws passed by congress

19. EXECUTIVE &JUDICIAL BRANCES • Congress would elect the people to serve in the executive and judicial branches • The executive could veto acts of the legislature but that veto could be overridden by the legislature

20. REACTION TO THE VIRGINA PLAN • The small states were worried that the Convention was creating a constitution in which the states would be represented in the legislature based on population. Why? • The smaller states believed that they would always be outvoted by the larger states • As a result the smaller states proposed their own plan for a new constitution led by William Paterson of New Jersey. • This plan only amend the Articles

21. NEW JERSEY PLAN • Legislative Branch 1 house congress with equal representation for each state 1 vote • The national government given the power to tax imports and a stamp tax to raise money for it operation • The power to collect money from the states if they refused to pay • Congress would be given the power to regulate trade among the states and other nations • The laws and treaties made by congress would be the supreme law of the land. No state could make laws that were contrary to them • Executive Branch • Made up of several people appointed by Congress • They would have the power to administer national laws, appoint other executive officials and direct the military • Judicial Branch • A supreme court would be appointed by the executive branch • Power to decide cases involving treaties, trade among the states or other nations, and collection of taxes.

22. GREAT COMPROMISECONNECTICUT COMPROMISE • A special committee was formed to draw up a plan to solve the problems that divided the delegates. • House of Reps would be elected by the people on the basis of each states population • Senate each state would have equal representation 2 • The House of Reps. Would have the power to develop all bills for taxing and government spending • The Senate was limited to either accepting or rejecting these bills but they could not change them this is later changed to allow the senate to amend tax bills and to develop appropriation bills

23. THREE-FIFTHS COMPROMISE • Since the representation in the House was going to be based on the states population the southern states wanted to count their slaves as part of their population. • The compromise allowed the slave holding states to count 3 out of every 5 slaves they had (Article I Sec 2 Clause 3/13th Amendment) • That population number would also count in the states taxes.

24. COMMERCE and SLAVE TRADE COMPROMISE • Before the south would agree to give the new government the power to regulate trade, the southerners insisted on certain protections • 1. congress could not tax exports from any state. • 2. Congress could not mess with the slave trade for a period of at least 20 years (1808)

25. The United Sates Constitution was created by delegates from 12 different states the differed greatly on economic and political terms. • These delegates often reflected the interests of their states which meant the bringing together of these interests to produce a new constitution took compromise. • How to elect the president • Treaty making process • Structure of the national court system • Amendment process • Structure of Congress • Powers and limits of the power to be given to the governmnet

26. RATIFYING THE CONSTITUTION • Once the Constitution was sent to the states on September 28, 1787 it was debated and criticized and the battle for ratification was intense. • The Constitution would go in effect once 9 states voted for ratification. This was different from the Articles Why? • As the Constitution was debated two groups formed • 1. Federalist • Favored ratification • 2. Antifederalist • Opposed ratification

27. RATIFYING THE CONSTITUTION • Once the Constitution was sent to the states on September 28, 1787 it was debated and criticized and the battle for ratification was intense. • The Constitution would go in effect once 9 states voted for ratification. This was different from the Articles Why? • As the Constitution was debated two groups formed • 1. Federalist • Favored ratification • 2. Antifederalist • Opposed ratification

28. FEDERALISTS • They were led by James Madison and Alexander Hamilton • The Federalist stressed the weaknesses of the Articles and argued that the problems facing the republic could only be overcome by a strong national government.

29. ANTI-FEDERALIST • Led by many of the Revolutionary leaders; Patrick Henry, Richard Henry Lee, John Hancock, and Samuel Adams • They had many objections to the Constitution. • 1. liberty could only be secure in a small republic in which rulers were close to and checked by the people. can not rule on the principles of freedom otherwise than by a confederation of republics • 2. Strong national government would be distant from the people and use its powers to annihilate the functions that belonged to the states • Congress would tax heavily • Supreme Court would over rule state courts • President would head a large standing army • They argued the nation needed a loose confederation of states with most powers with the states • If a stronger national government was needed they argued it would need many more restrictions. • Bill of Rights • Eliminating power of congress to tax • Narrowing the Supreme Courts jurisdiction • Council to check the presidents power by reviewing his actions • Make the House of Reps bigger.