Origins of American Government

1. Origins of American Government Unit I, Section 2

2. Our Political Beginnings

3. The Beginning • North American Exploration Begins In Mid-16th Century • European explorers, traders, & settlers • French, Dutch, Spanish, Swedes, & the English • English settlers most numerous • Native American dominations begins to fade

4. Basic Concepts of Government • English settlers brought their own traditions and customs • English law has deep roots in Middle Eastern & Ancient Roman Traditions • Brought ideas on government • Ordered Government • Limited Government • Representative Government

5. Ordered Government • Orderly regulation of relationships is key • Creation of local offices; many still found today • Sheriff • Coroner • Assessor • Justice of the Peace • Grand Jury • Counties & Townships

6. Limited Government • Government should not be all-powerful • Individual rights should not be touched by the government • These ideas have a strong hold in English government & law practice

7. Representative Government • Government should serve the will of the people • People should have a voice in the government • Notion of “government of, by, and for the people”, took root in colonial America

8. Legislative Bodies • Unicameral • One chamber/legislative house • Used in early colonial legislatures • Nebraska only state that has a unicameral legislature • Bicameral • Two chambers/legislative houses • Adopted from English Parliamentary system • House of Lords & House of Commons • American standard federally and with the States

9. Landmark Documents & Events

10. Magna Carta • Known as the “Great Charter” • Signed by King John in 1215 at Runnymede • Unhappy barons tired of heavy taxes and military campaigns • Pressured King John • Protection from unfair act by the Crown

11. …Continued • The Magna Carta Included • Trial by jury • Due process • Protection of taking of life, liberty, or property • Intended for the upper classes • Evolved into including all classes • Est. that monarchial power was NOT absolute

12. Petition of Rights • Magna Carta fell in and out of favor • Parliament began gaining more influence • 1628 Charles I asked Parliament for money • Parliament demanded he sign the “Petition of Rights” • Heavily limited King’s powers

13. …Continued • Power Limitations • Imprisonment could not occur without a judgment by a jury of peers • No martial law in times of peace • No quartering of troops by private citizens • Challenged “Divine Right” • King subject to the laws as well

14. The English Bill of Rights • 1688 saw the end of conflicts in England • William & Mary of Orange crowned • Called the “Glorious Revolution” • Parliament began drawing up the Bill of Rights • Officially accepted in 1689

15. …Continued • English Bill of Rights included • Prohibition of a standing army during peace time • Parliament elections should be free • Prohibition of the Crown levying money • Petitions can be heard by the king • The Crown could no longer tamper with English Law • Right to a fair trial • No excessive bail or cruel/unusual punishment

16. The English Colonies • 13 colonies est. over 125 years • Outposts & forts became thriving communities • Virginia,1607 • Jamestown • Commercial venture, company owned trading operation • Massachusetts, 1620 • Settled for religious freedom • Georgia, 1733 • Savannah • Haven for English debtors and petty criminals • Penal Colony

17. The Coming of Independence

18. Britain’s Colonial Policies • Colonies controlled by the Crown • Privy Council & Board of Trade in London • Parliament little interest in management (trade only) • Colonies under framework of royal control • London was over 3000 miles away • Self-government evolved • Colonial legislatures • Broad lawmaking power • Power of the purse

19. …Continued • Development of a “Federal” system • London provided defense and dealt with foreign affairs • Colonies allowed to self rule, hardly taxed, and they ignored trade regulations

20. George III • Began his reign in 1760 • More firm dealings with colonist • Enforced ignored regulations • New taxes imposed to support troops in the Colonies

21. Colonial Response • “Taxation without representation” • Felt there was no need for stationed troops • French had been defeated in 1763 • The Government was across the ocean • Out of touch with colonial life • Saw themselves as British • The questions posed: Submit or Revolt?

22. …Continued • The Stamp Act Congress • Crown’s tax and trade polices angered the Colonies • Stamp Act-1765 • Tax on legal documents, business agreements, & newspapers • “Taxation without representation” • October 1765-Stamp Act Congress meets • Colonies but GA, NH, NC, VA gathered in New York • Prepared “Declaration of Rights & Grievances” • Sent petition to the king • Parliament repealed the Stamp Act

23. Tensions • Parliament closing the gap between the Colonies and London • Colonial boycott of English goods • Refusal to buy or sell certain products or goods • March 5, 1770-Boston Massacre (5 Killed) • December 16, 1773-Boston Tea Party • Men dressed as Native Americans board three English ships in Boston Harbor • Dumped cargo overboard

26. …Continued • Committees of Correspondence formed • Grew from the idea of Samuel Adams in Boston • Spread across colonies • Exchange of information among patriots

27. The Congresses

28. First Continental Congress • Intolerable Acts passed in 1774 • Punishment for Boston Tea Party • Sept. 5, 1774 • Congress meets in Philadelphia • GA did not attend • Political minds of the day • Prepared and sent Declaration of Rights to the king • Called for end of English trade until Acts repealed • Adjourned in October with plans to meet in May • Support grew over the months for FCC

29. The Second Continental Congress • 1774-1775; British stand by colonial policies • Reaction to the Declaration of Rights • Stricter and more repressive measures • Congress • Met again in Philadelphia • May 10, 1775 • The Revolution had already begun • “Shot heard ‘round the world” • Battle at Lexington and Concord on April 19

30. …Continued • Representatives • All 13 colonies participated • Ben Franklin, John Adams, & John Hancock • Hancock picked as president of the Congress • Accomplishments • Continental Army Created • George Washington chosen as Commander-in-Chief • Jefferson replaces Washington on Virginia’s delegation

31. Our First National Government • SCC forced to become the first national government • No constitutional base • Denounced by British as unlawful and treasonous • Waves of growing public support • Served for 5 years (1776-1781) • Each Colony had 1 vote • Legislative & Executive power linked together

32. …Continued • Accomplishments • Fought a war • Raised an army & navy • Borrowed money • Bought supplies • Created a monetary system • Negotiated treaties

33. The Declaration of Independence • Richard Henry Lee proposed separation from Britain • Resolution of June 7, 1776 • Committee picked to prepare Declaration • Adams, Franklin, & Jefferson • Work on Declaration of Independence • July 2, 1776, Delegates agreed to Lee’s resolution

34. …Continued • July 4, 1776 • Declaration of Independence proclaimed • Independence declared in 1 paragraph • 2/3 speak of injuries by the Crown that led to revolt • Called for equality of all men • 56 men signed the final document

35. The Critical Point

36. The Articles of Confederation • Lee’s resolution called for the unifying of the States • Articles of Confederation created Nov. 15, 1777 • “Firm League of Friendship” • Each state would remain sovereign • Ratification came slowly • Delaware: February 1779 • Maryland: March 1781

37. Government Structure • Simple government • Unicameral legislature • Delegates picked by their state • Each state had only 1 vote • No executive or judicial branches • Committees in Congress • Annual choice for President of the Congress • “Presiding Officer” of Congress not the U.S. • Civil officers appointed by Congress

38. Powers of Congress • Make War & Peace • Send & Receive Ambassadors • Make Treaties • Borrow Money • Set Up a Monetary System • Establish Post Offices • Build a Navy • Raise an Army of State Troops • Fix Uniform Weights & Measures • Settle Disputes Between the States

39. State Obligations • States would obey the Articles • Promised to provide funds and troops • Equality of all citizens • Full faith and credit to other state’s actions • Surrender fugitives • Submit disputes to Congress • Open travel & trade • Responsible for protection of life, property, & happiness of citizens

40. Weaknesses • Congress Could Not Tax • Raise money through borrowing or asking the States • Borrowing became a poor choice • Revolutionary debt high and unpaid • States never met financial requests of Congress • No regulation of interstate trade • Lack of power to make states obey laws • 9-13 vote to pass laws • Changes made to the Articles had to be unanimous • No amendments ever made

41. The 1780’s

42. At War’s End • Revolutionary War ended on October 19, 1781 • Treaty of Paris confirmed U.S. victory in 1783

43. …Continued • Problems began to surface at home • Weak central government • Suspicion and jealousy between states • Refusal to support central government • States made agreements with foreign powers • Forbidden by the Articles • Taxes and bans on other state’s goods • Soaring prices & poor credit • Skyrocketing debt

44. Shays’ Rebellion • Economy worsened • People losing property & possessions to pay on taxes & debts • 1789-Danial Shays of MA leads an armed uprising • Officer during Revolution • Uprising closed state courts • Lead unsuccessful assault on Springfield arsenal • Fled to Vermont • MA response: Pass debt easement laws

45. A Need For A Strong Government • Demand grew for strengthening central government • Large property owners, merchants, traders, & creditors worried about shaky economy • March 1785 • Virginia & Maryland meet at Mt. Vernon • Recommended Federal plan of regulating trade • January 21, 1786

46. …Continued • September 1786 • 5 of the 13 States meet in Annapolis • Called for second meeting the following May • February 1787, 7 of 13 States plan attendance • Congress calls for states to send delegations • Met in Philadelphia • Would become the Constitutional Convention

47. Creating the Constitution

48. The Framers • 55 Delegates met at the Philadelphia Convention • “an assembly of demi-gods” –Jefferson • Attributes • Well educated • Revolutionary war vets, members of Continental Congress & Art. of Confed. Congress • 7 State governors • 2 Future Presidents, 1 future VP • Average age: 42 • ½ in their 30’s • Franklin was the oldest member at 81

49. Organization & Procedures • Met in Independence Hall • George Washington elected president of the convention • Every state had one vote, majority vote would carry a measure • Adapted a rule of secrecy • Recommended changes to Articles of Confederation • Feeling of creating something new • Eventually push to replace Articles of Confederation

50. The Virginia Plan • Proposed by Madison • 3 Separate branches of government • Leg, Ex, & Jud • Bicameral Legislature • Representation based on states population or monetary funds • House members- Lower house, popularly elected • Senate members- Upper house, chosen by House members off list of State appointees • A of C powers kept by Congress • Congress would have more force backing them