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Bell Ringer Multiple Choice. A. The Magna Carta included the important constitutional principal that established Freedom of religion Equal rights for all citizens Government based on the rule of law the supremacy of Parliament
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Bell Ringer Multiple Choice A. The Magna Carta included the important constitutional principal that established • Freedom of religion • Equal rights for all citizens • Government based on the rule of law • the supremacy of Parliament B. The purpose of the writ of habeas corpus is to protect the individual against: • Accusation of treason • Unlawful detention • Cruel and unusual punishment • Self-incrimination
What basic ideas about rights and constitutional government did colonial American hold? WTP3: Lesson 5 Unit 1
Objectives Students will be able to: Identify the differences between colonial America and Britain Defend slavery using natural rights philosophy Explain how natural rights and history informed Founders ideas about constitutional government
Terms and Concepts to Understand Charter Constituent Covenant Indentured servant Magistrate Mayflower Compact Suffrage
How did the Colonial Settlement of America Inspire New Experiments in Constitutional Government? Royal Proprietorships: land grants to friends of the King who lured settlers to America. 11/13 colonies Joint-stock Companies: Companies start colonies. 1607 - Virginia Company starts Jamestown
Experiment #1: Mayflower Compact In Sixteen-hundred and two zero, the Pilgrims landed, ... 1620 - Sailed for northern Virginia, landed on Cape Cod (outside rule of Virginia Company) Consented to make laws First social contract in the new world.
Was it a success? It spawned two spin-offs. 1636 - Providence Plantation now Rhode Island 1639 - Fundamental Orders of Connecticut
Why Rhode Island? These settlers chose that name because they mistakenly believed that this was the name used by the 16th century Italian explorer Giovanni da Varrazzano. In fact, Varrazzano was referring to the island now called Block Island, and the basis for this was that he found this island to be comparable in size to the Mediterranean island of Rhodes.
What was unique about the American Experience? • Abundance of undeveloped land ↑Supply + ↓ Demand = Cheap Land • Labor shortage: many indentured servants ↓ Supply + ↑ Demand = High Wages Greater opportunities to achieve prosperity
What was unique about the American Experience? English law restricted property ownership to protect landed aristocracy. • Law of entail: property could not be sold outside male family members • Law of primogeniture: land to eldest male son American law did not.
What was unique about the American Experience? England’s rigid class system: - Limited social mobility in England • Was based on title and inherited wealth (i.e. land) In American colonies: More social mobility. Construction in high demand $ depended on hard work
What rights became part of colonial charter? First Virginia Charter 1606 “Also we do, for Us, our Heirs, and Successors, DECLARE, by these Presents, that all and every the Persons being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.”
THE LIBERTIES OF THE MASSACHUSETS COLLONIE IN NEW ENGLAND, 1641. “-No mans life shall be taken away, - No mans honour or good name shall be stayned, - No mans person shall be arested, restrayned, banished, dismembred, nor any wayes punished, - No man shall be deprived of his wife or children, - No mans goods or estaite shall be taken away from him”
Virginia Charter Colony -rights of all Englishmen as codified in the Magna Carta Massachusetts Body of Liberties 1641 No govt seizure of private property No being forced to testify against self No cruel and unusual punishment Limited suffrage To Review
Evaluate de Tocqueville’s Quote “The surface of American society is covered with a layer of democratic paint, but from time to time one can see the old aristocratic colours breaking through.” Social classes developed based on wealth rather than birth. Does the distinction matter? Why or why not?
Who did not benefit from the rights expressed in colonial documents? • Are you a member of the state endorsed church in your colony? • Are you white? • Are you male? • Are you currently an indentured servant? • Are you a property owner?
Who did not benefit from the rights expressed in colonial documents? State-established churches Most Colonies: Protestants and Anglicans Maryland: Catholic Pennsylvania: Quaker • Some made being a member of the right church a requirement for voting and holding office. Q: Why would church membership be an important qualification?
Who did not benefit from the rights expressed in colonial documents? Q: Why was the right to vote usually limited to men who owned property? Should we re-enact the property ownership requirement, why or why not?
Who did not benefit from the rights expressed in colonial documents? - ½ to 2/3 of all immigrants arrived as indentured servants • 20% of the 1760 population was African slaves Not free very limited rights Q: How might a slave owner use natural rights philosophy to justify slavery?
What basic ideas of constitutional government did the colonial government use? Governor: appointed by the crown Council: 3-30 landholders; served as highest court in colony Assembly: elected by people for “representation in taxation”
What basic ideas of constitutional government did the colonial government use? Fundamental rights – established rights from England Rule of law – wanted government that could not exercise power arbitrarily Representative government – A selling point for the colonies, “NTWR”
What basic ideas of constitutional government did the colonial government use? Separation of powers Legislative All but Pennsylvania followed Parliament “Upper house” – land owning males appointed by governor “Lower house” – landowning males elected by other landowning males Q: What problems might arise with separation of powers in this model?
What basic ideas of constitutional government did the colonial government use? Separation of powers Executive All governors were appointed by British monarch or self-appointed to protect their investment. Only Connecticut and Rhode Island had elections for governors.
How did colonial government become more representative than the government in Britain? 1. Owning 50 acres was easier in the colonies than Britain. More landowners = more voters = more representative 2. Shorter terms of office: Parliament 7 years FOC 2 years Why would a shorter term of office be important in the colonies?
Exit card In colonial America, the right to vote most often depended on a person’s gender and: • National origin • Social class • Ancestry • Property ownership