Historical Roots of Our Government

1. Historical Roots of Our Government Unit II

2. Origins of FreedomsWarm-up • Create a list of some basic human rights and freedoms. • Where did you get your ideas about these rights and freedoms?

3. Origins of FreedomsWarm-up • Name all 5 freedoms guaranteed in the 1st Amendment of the U.S. Constitution • Name all 5 members of the Simpsons family • Name all 3 judges of American Idol

4. Your Results • 5 freedoms in 1st Amendment. • Speech • Religion • Press • Assembly • Petition • 5 Simpsons • Maggie, Homer, Marge, Bart, Lisa • 3 American Idol Judges • Randy Jackson, Simon Cowell, Paula Abdula

5. Poll Results • 1 in 4 Americans can name more than 1 of the 5 freedoms of the 1st Amendment • More then ½ of the 1000 polled can name at least 2 members of the Simpsons • 22% could name all 5 members of the Simpsons • Only 1 in 1000 could name all 5 freedoms of the 1st Amendment • More people can name the 3 American Idol judges than 3 of the freedoms of the 1st Amendment • 1 in 5 thought that the right to own a pet was a 1st Amendment freedom • 38% thought that the 5th Amendment right against self-incrimination was a 1st Amendment guarantee

6. Poll Analysis • What do you think about the results…why is this so? • Where do you fall in the poll results • For the next few days we will learn where colonial Americans got their ideas about basic rights and freedoms

7. The English Documentsthat Influenced Our Constitution Magna Carta Petition of Rights English Bill of Rights

8. King John I • King John I • “John the Soft sword” • Not very good at battle • The Barons (English Nobles) were upset with taxes and his failed wars with France. • Barons revolted and eventually the two parties met in a field called “Runnymede” where the King signed the Magna Carta.

9. Magna Carta (1215) • Established limited government and fundamental rights of English citizens • Legal procedures must be followed • Not even the King is above the law • No bills of attainder – (law is passed to take away property without a trial) • Habeas Corpus – Latin for “you shall have the body.” An individual must be brought before the court and charged with a crime.

10. King Charles I • Struggled for power with Parliament • Believed in the divine right theory, like his father (King James) • Parliament feared that he was trying to gain absolute power • Many opposed to his actions, especially taxation without Parliament's consent.

11. Petition of Rights (1628) • Signed by King Charles. • Challenged the divine right theory • Monarchs must obey the law of the land • No unlawful imprisonment • No martial law in peacetime • No sheltering troops without consent • No taxes without Parliament’s consent • Charles went against the agreement and this ultimately led to the English Civil war and the Beheading of Charles I.

12. After the Revolution • Parliament won and set up the Commonwealth. • Oliver Cromwell & son led the commonwealth. • Following his son’s rule, the Stuart Dynasty was restored and Charles II (son of Charles I) became King. • Then James II (brother of Charles II) took over

13. William and Mary of Orange James II’s daughter Mary and Husband William of Orange invaded England. James II fled as William and Mary were welcomed by the army. This became known as the “Bloodless Revolution.”

14. English Bill of Rights (1689) • Signed by William and Mary • Regular parliamentary elections • Freedom from cruel and unusual punishment • Right to a fair and speedy trial, trial by jury • No taxes or laws without parliament approval

15. Terms to Know • Due Process—an established process to court proceedings to make judicial process same for everyone every time. • Rule ofLaw—everyone must follow the law, even the ruler. • Bill ofAttainder—a law that allows government to take property without a trial or due process. • CommonLaw—an unwritten system of law based on court rulings and tradition. • HabeasCorpus—an individual must be brought before the court and charged with a crime

16. Comprehension Questions • What ideas are common among all three early English documents? • Why do you think that many ideas were present on more than one document? • What event brought constitutional monarchy to England? • What monarch signed each of the early English documents? • What philosophy was popular among 17th century English monarchs? • What role do you think that played in the signing of the Petition of Right and English Bill of Rights?

17. Motivations for Colonization Religious, Political and Economic

18. King Charles also believed Divine Right Theory Favored Anglican form of worship with high Catholic rituals. Charles I married a Roman Catholic. Puritan Separatists sought to purify the church of Catholicism. Came to the new world in search of religious tolerance. Religious Problem Solution

19. Arbitrary rule by Charles I made people want to leave. Those exiled during revolution came to the new world as well. Sought self-government in the new world. Away from the turmoil of England. Political Problem Solution

20. 1600s – Economic difficulties swept England. Textile industry demanded wool – Enclosure Laws were passed Widespread unemployment Colonial expansion became a solution for displaced peasants Indentured servitude – agreements Those who could afford their own passage would find a wealth of natural resources to exploit. Economic Problem Solution

21. Seeds of Democracy in the New World Mayflower Compact Virginia House of Burgesses

22. Jamestown Colony • 1607 –first established • 1612 – Tobacco was brought to the colony, revolutionized the colony • 1619 – First Representative Assembly in the “New World” • House of Burgesses • Served as a model for future colonies.

23. Mayflower Compact • 1620 – Mayflower Compact signed aboard ship • Reaction to threatened mutiny • Established a government by the people • Puritan Separatists • The first basis in the new world for a constitution • Real-life example of a social contract

24. Revolution Warm-up • “No taxation without representation” became the rallying cry for the American Revolution. Explain how the taxing policies of Britain on the colonists were interpreted as a violation of natural rights…therefore justification for a revolution.

25. Causes of The Revolution Underlying British Attitudes Specific Actions of the British

26. Underlying British Attitudes • Salutary Neglect (beneficial neglect) • Until about 1750 • England left the colonies alone, they developed their own systems of government • By 1760, all had developed their own Constitutions and had own legislatures. • First allegiance was to their colony, not the King of England.

27. Underlying British Attitudes • Why? • England was experiencing political problems (i.e. King Charles I, Parliament, Cromwell, James II, William and Mary) • England was 3,000 miles away, made it difficult to govern the colonies.

28. Underlying British Attitudes • Mercantilism • Using the colony for the profit of the Mother Country (England). • French and Indian War • England and the Colonies vs. French and Indians. • England accumulated a huge debt, felt the colonists needed to provide for that debt through taxes.

29. British Actions/Colonial Reactions

30. Timeline of Events From the 1st Continental Congress to The Articles of Confederation

31. 1774 • September - October - First Continental Congress meets in secret in Philadelphia • All colonies represented except Georgia • Sent a Declaration of Rights to King George III • Urged colonies to refuse trade with England (boycott) • Reaction to Intolerable Acts • All colonies, including Georgia, supported their actions 1775 • April - Shots fired at Lexington and Concord. Revolution begins. • The “shot heard round the world” • May - Second Continental Congress convenes • All colonies attended • Continental army created, Washington – commander in chief • Became our nation’s first national government • “acting government” • No constitutional basis • July - Olive Branch Petition - One last effort for a reasonable solution with King George III.

32. 1776 • July 4 - Declaration of Independence Ratified by Congress (Written by a committee of 5, most work done by Jefferson) 1777 • November - Congress Adopts the Articles of Confederation, pending ratification by the states. 1781 • March - Articles ratified by the last state (Maryland). Had to be ratified by all 13 states before taking effect. • October – War ends 1783 • September – Treaty of Paris

33. The Articles of Confederation Our First Constitution

34. Approval of the Articles • Proposed by the Congress in 1777. • Ratified (formally approved) by last state (Maryland) in 1781. • Took effect only after all 13 states ratified.

35. Structure of Government • Confederation • “League of Friendship” between the states. • Power rested with the state legislatures. • Unicameral Congress: One House, One vote per state. • No Judiciary, No Executive (“President” of the Congress)

36. Powers Given to the National Government Under the Articles • Declare war, make peace • Conduct Foreign Affairs • Make Treaties • Maintain the Army and Navy • Manage Indian Affairs • Set standards of weights and measures • Establish postal services • Coin Money

37. Shays’ Rebellion • 1786-1787: Massachusetts • Led by Daniel Shays • Why? • Currency was not valuable • War Debt & Economic Problems • Farmers were required to pay taxes in difficult times. • Many farmers had fought in the war with no pay.

38. Shays’ rebellion indicated some serious flaws with the Articles… • Congress could not directly tax. • When Massachusetts needed help, Congress could not pay an army. • Needed 9 states to pass any changes • Couldn’t force other states to comply • Needed all 13 states to amend (change) the articles

40. SOLUTION • FIX UP THE ARTICLES!! • A Convention was called in Philadelphia in 1787 – Later known as the Constitutional Convention.

41. The Constitutional Convention“A Bundle of Compromises” • May, 1787 - delegates from 12 states begin to arrive in Philadelphia to rewrite the Articles of Confederation. • Rhode Island did not attend (Rogue Island)

42. Large States wanted representation to be determined by the population of the state One of the major components of the Virginia Plan Small States wanted all states to have the same number of representatives to Congress One of the major parts of the New Jersey Plan Representation Great (Connecticut) CompromiseBicameral legislatureHouse of Representatives - representation is determined by populationSenate - all states have equal representation: two senators per stateRevenue Bills must begin in the House.

43. Southern States wanted slaves to count as part of the population for representation but not for apportioning taxes Northern States wanted slaves to count for the purpose of taxation but not for representation Should slaves count as part of the population? The 3/5ths Compromise:Delegates agreed to count slaves as 3/5ths of a person when apportioning representation and taxation

44. Southern Plantation Owners opposed tariffs fearing they would damage the Southern economy which was heavily dependent upon exports Northern Businessmen wanted tariffs to protect their industries from foreign competition Tariffs: tax on imports or exports The Commerce Compromise:The Constitution allows the federal government to tax imports but not exports.

45. Northern Abolitionists wanted the Constitution to ban the (external) slave trade. Southern Slave Owners argued that slavery was vital to the economic survival of the South Slave Trade Slave Trade Compromise:Congress was not allowed to act on the slave trade for 20 years

46. Some delegates believed the president should be elected directly by the people. Others believed that the people could not be trusted with such a decision. Executive Elections Abandoned Solution: Have Congress or State Legislatures elect – fear of having President controlled by other powers. Compromise – Electoral CollegeThe president is elected indirectly

47. The power structure under the Constitution was drastically changed to a Federalist form of government The People The Constitution The Federal Government The State Governments The Distribution of Power underThe Constitution

48. The Signing of The Constitution • September 17, 1787 • 39 delegates signed the Constitution • 3 refused to sign (Mason, Randolph, Gerry) • The 13 who left the convention did not sign • Constitution now awaits ratification by 9 of the 13 states.

49. Ratification1787 • September - Constitution is written, awaiting ratification from 3/4 of states • October - Federalists (supporters of Ratification) begin to write Federalist papers. 1788 • June - nine states have approved Constitution, takes effect

50. Supporters were called Federalists James Madison Alexander Hamilton John Jay Emphasized importance of a strong central government to improve on the problems of “the Articles” Published “Federalist Papers” in New York Opponents were known as Anti-Federalists Patrick Henry John Hancock Samuel Adams Opposed surrendering state powers to the central government Concerned about a strong Executive (King George paranoia) Argued for a Bill of Rights to counteract the strong national gov’t. The Disagreement over Ratification