Origins of American Government: Influences and Structures

1. Chapter 2 Origins of American Government

2. Our Political Beginnings • American system of government did not begin with Declaration of Independence or the US Constitution… • Goals of section: • Examine early English concepts of government that influenced American colonies (Ordered, Limited, Representative) • Analyze influence of Magna Carta, Petition of Right, and English Bill of Rights • Compare the structure of royal colony governments and our National Government

3. English Concepts of Government • Ordered Government • Orderly regulation • English colonists created local governments based on what they had known in England • Many of the governmental offices/units are still around today: offices of sheriff, justice of peace, grand jury, counties, etc. • Limited Government • Idea that government is restricted in what it may do • Individuals have certain rights government cannot take away • Representative Government • Idea that government should serve the will of the people • “government of, by, and for the people” (Abraham Lincoln)

4. Landmark English Documents • The Magna Carta(1215) • Group of barons were seeking protection against the heavy handed and arbitrary acts of King John • Included guarantees of rights such as trial by jury and due process of law (protection against arbitrariness) • Originally intended only for privileged classes • The Petition of Right (1628) • Limited the King’s power in several important ways • Demanded that king could not arbitrarily imprison an individual—trial or law was needed • Challenged divine right of kings—even monarchs had to obey law • The Bill of Rights (1688) • Further prevented abuse by kings and gave more power to parliament

5. The English Colonies • Royal Colonies • Proprietary Colonies • Charter Colonies

6. Thirteen Colonies • Often described as “13 schools of government” • Why? • Established separately over about 125 years • First colony: Virginia • Last colony: Georgia • Each colony came out of a particular set of circumstances • Similarity: each colony established by a charter • Gave colonists or companies a grant of land and some governing rights

7. Royal Colonies • Subjected to the direct control of the Crown • New Hampshire, Massachusetts, New York, New Jersey, Virginia, North Carolina, South Carolina, and Georgia • These colonies were ones that had their charter revoked by King of England • King then appointed a governor to serve in each colony as well as a council (which later became the upper house of legislature and the colony’s highest court” • Lower house were elected property owners • Ruling with “stern hand”

8. Proprietary Colonies • Maryland, Delaware, Pennsylvania • Organized by a proprietor—person whom the king had made a grant of land to • Governor appointed by proprietor • Maryland and Delaware had bicameral legislatures • Pennsylvania was a unicameral body • King still held significant power in these colonies

9. Charter Colonies • Massachusetts Bay Colony was first charter colony in 1629 • Connecticut and Rhode Island were other charter colonies—founded by religious dissidents from Massachusetts • Were largely self governing • Governors elected each year and largely operated out of King’s control and approval • Connecticut and Rhode Island charters were so “liberal” that they were kept unchanged even after independence, finally changed in 1818 and 1843, respectively • Class discussion: Some historians believe that if Britain had allowed other colonies the same freedoms, the Revolution wouldn’t have occurred. Do you agree?

10. Chapter 2: Section 2 “We must all hang together, or assuredly we shall all hang separately” (Ben Franklin; spoken to other members of Second Continental Congress on July 4, 1776)

11. The Coming of Independence • British Colonial Policies • Controlled by King through the Board of Trade and the Privy Council • Parliament minimal involvement in management of colonies • Colonists became use to self rule • “Let us keep the doggespoore, and we’ll make them do as we please” • Taxes largely unenforced • Effectively operated like a federal system of government • King George III: 1760 • Stern hand—taxes enforced, more restrictive trade acts

12. Events and Ideas Leading to American Independence • The Albany Plan • The Stamp Act • New Restrictive Laws • First Continental Congress • Second Continental Congress • Declaration of Independence

13. Early Attempts & Albany Plan • Early Attempts • New England Confederation (1643) • “League of friendship” • The Albany Plan • Albany Plan of Union (1754) • Benjamin Franklin • Delegates from each colony • Form a military, regulate trade, war/peace with Native Americans, and collect taxes

14. Stamp Act Congress • Britain’s tax and trade policies increased resentment among colonists, among them the Stamp Act of 1765 • Colonists viewed the taxes as both severe but more importantly, “taxation without representation” • Stamp Act Congress of 1765 • Declaration of Rights and Grievances • Eventually British Parliament repealed the Stamp Act—but other laws followed that restricted freedom of colonies further • Organized resistance began to grow in colonies • Boston Tea Party

15. The First Continental Congress • In response to “Intolerable Acts” • September 5, 1774 (no Georgia) • Philadelphia • Declaration of Rights • Results • Boycott trade • Local Committees

16. Second Continental Congress • Philadelphia 1775 (three weeks after Lexington and Concord) • First form of national government for the United States (July 1776 – March 1781) • Unicameral congress exercised both legislative and executive powers • John Hancock made President of the Congress • Named Washington the Commander and Chief of the Army

17. Declaration of Independence • Congress named a committee of five to prepare document: Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, Thomas Jefferson • Groundbreaking in several ways • Idea that every person is “created equal” • Conception of “certain unalienable rights” • Principle that government should be based on “consent of the governed” as opposed to divine right or tradition

18. First State Constitutions • Common Features • Popular Sovereignty • People recognized as only source of governmental authority • Limited Government • State governments could only exercise powers granted to them by people in constitutions • Civil Rights and Liberties • Many began with a Bill of Rights • Separation of Powers/Checks and Balances • Divided among three branches: executive, legislative, and judicial

19. Chapter 2, Section 3

20. Group Assignment • A. What weaknesses in the Articles of Confederation made a lasting government impossible? • B. What were the effects of these weaknesses? • Separate into groups, have at least three points for each question • Group 1: Kotarski, Moore, Le, Viancos • Group 2: Henning, Contreras, Nasr, Mills • Group 3: Darouiche, Leach, Jarlsjo, McStravick • Group 4: Swanson, Connell, Cano, Whaley • Group 5: Lucas, Hondros, Johnson, Dotson

21. Articles of Confederation • Approved on November 15, 1777 • Established a “firm league of friendship” among the States • Essentially an alliance of independent states instead of truly a government “of the people” • Took over three years for all the states to ratify the document • Maryland last to ratify in 1781 • Governmental Structure • Congress sole body created—unicameral, one vote per state • Executive and judicial powers handled by committees of Congress • Powers of Congress • War and peace, make treaties, borrow money, build navy, raise army by asking for troops, settle disputes among states, etc. • State Obligations

22. Weaknesses of the Articles of Confederation • One vote for each state • Congress powerless to collect taxes • Congress powerless to regulate foreign affairs/interstate commerce • No executive power • No national court system • Amendment only with consent of all the states • 9/13 majority to pass laws • Class discussion: Why were the Articles adopted, given their many flaws? Were the Articles appropriate for their time?

23. Examples of Weaknesses • States often refused to support central government, both financially and otherwise • Several made agreements with foreign governments without approval of Congress • Most organized own militaries • States taxed one another’s goods and even banned some trade • Printed own money with little backing—economic chaos ensued

24. Shays’ Rebellion Assignment • Shays’ Rebellion sharply divided American opinions on government • 1) Which group supported the rebels? • 2) Did this group embrace or fear a strong national government? • 3) What were the long-term effects of the rebellion? • 4) How did it shape the Framers’ debate on revising the Articles? • 5) Draw some connections to present day debates/current events.

25. A Need for Stronger Government • Shays’ Rebellion • Mount Vernon • Maryland & Virginia • Dispute over Potomac River & Chesapeake Bay • Annapolis • Sept. 11, 1786 • Poor turnout • Philadelphia • Feb. 21 1787 • Constitutional Convention

26. Chapter 2, Section 4

27. Creating the Constitution • “the most wonderful work ever struck off at a given time by the brain and purpose of man” (English statesman, William E. Gladstone) • Framers • Mostly composed of a new generation of American political figures • Organization and Procedure • Unanimously elected Washington as president of Convention • Each state had one vote, majority needed to pass • James Madison • Notes • “Father of the Constitution”

28. The Virginia Plan • James Madison • Three Branches • legislative, executive, judicial • Bicameral Congress • Representation based on population or upon amount of money it gave for support of central government • Lower house popularly elected, upper house chosen by House • US Congress would have additional powers—granting central government power to enforce its decisions • Smaller states found the plan “too radical”

29. The New Jersey Plan • Unicameral Congress • Each state equally represented • US Congress • Add closely limited powers to tax and regulate trade between states • Plural executive • Chosen by Congress and could be removed at request of majority of States’ governors • Single “supreme Tribunal” appointed by executive to head federal judiciary • Main difference?

30. Compromises • Connecticut Compromise • Bicameral Congress • Senate: states represented equally • House: representation based on population • “Great Compromise” • Three-Fifths Compromise • Southern states vs. Northern States • Compromise to allow slaves to count for 3/5 of a person; but southerners had to pay taxes on their slaves • Commerce and Slave Trade Compromise • Convention agreed that Congress had to have power to regulate foreign + interstate trade • Southern worries (tobacco + slave trade)

31. “Bundle of Compromises” • Convention spent much of its time “sawing boards to make them fit” (Franklin) • Wide variety of opinions that required compromises • Issues that required compromise: selection of President, treaty-making process, structure of national court system, amendment process • However, many Framers agreed on basic issues: need for a new national government, a federal government, dedication to principles of popular sovereignty and limited government, separation of powers, checks and balances

32. Constitution • Sources • Ancient Greece and Rome • Contemporary European political philosophy • Rousseau • Locke • Own experiences • Articles of Confederation • State constitutions • “Sir, I agree with this Constitution to all its faults, if they are such; because I think a general Government necessary for us…” (Ben Franklin)

33. Group Assignment: Section 4 Assessment • 2) What momentous decision did the Framers make at the beginning of the Philadelphia Convention? • 4) What was agreed to under the Connecticut Compromise? • 6) Compare and contrast the Virginia Plan and the New Jersey Plan. • 8) The Constitution has been called a “bundle of compromises.” Is this an accurate description of the document? Explain your answer.

34. Chapter 2, Section 5

35. Fight for Ratification • Originally, Articles of Confederation could only be amended if all the states agreed to it • Framers determined it did not have to be amended, but replaced • Article VII: The ratification of the conventions of nine States shall be sufficient for the establishment of the Constitution between he States so ratifying the same. • Changing the rules of the game?

36. Important Debate • Federalists & Anti-Federalists • Federalists: Madison, Hamilton • Stressed weaknesses of the Articles • Argued that new central government was required • Anti-Federalists: Patrick Henry, Richard Henry Lee, John Hancock, Samuel Adams • Many objected to ratification process and disliked that there was no mention of God • Feared government would become too powerful • Two major points of contention: • 1) the greatly increased powers of the central government • 2) lack of bill of rights

37. Quote • “These lawyers, and men of learning, and monied men, that talk so finely and glass over matters so smoothly, to make us poor illiterate people, swallow down the pill, expect to get into Congress themselves; they expect to…get all the power and all the money into their own hands, and then they will swallow up all us little folks…just as the whale swallowed up Jonah” (Amos Singletary)

38. Ratification Problems • Nine States Ratify • Initially, nine states ratify the Constitution • Two important holdouts: Virginia + New York • Virginia’s Ratification • Intense debate between Federalists and Anti-Federalists • George Washington intervention • New York’s Ratification • The Federalist (Hamilton, Madison, Jay) • Inaugurating the State • New York chosen as temporary capital • George Washington elected President by unanimous vote in 1789

39. Group Assignment: Comparing Revolutions • 1) Research the assigned revolution. • Determine the: • A) causes • B) ideals • C) outcomes of the assigned revolution • 2) Compare the American Revolution to this other revolution. • Group 1 (Haitian Revolution): Kotarski, Moore, Le, Viancos • Group 2 (Mexican War of Independence): Henning, Contreras, Nasr, Mills • Group 3 (French Revolution): Darouiche, Leach, Jarlsjo, McStravick • Group 4 (Haitian Revolution): Swanson, Connell, Cano, Whaley • Group 5 (French Revolution): Lucas, Hondros, Johnson, Dotson