Chapter Two: Origins of American Government Mr. Cargile Mission Hills High School, San Marcos CA
SECTION 1 Our Political Beginnings SECTION 2 The Coming of Independence SECTION 3 The Critical Period SECTION 4 Creating the Constitution SECTION 5 Ratifying the Constitution Chapter 2: Origins of American Government 1 2 3 4 5 Chapter 2
What basic concepts of government were held by American colonists? Which important English documents have had the most influence on our government? How were the governments of the thirteen colonies organized? Section 1: Our Political Beginnings 2 3 4 5 Chapter 2, Section 1
The need for an ordered social system, or government. The idea of limited government, that is, that government should not be all-powerful. The concept of representative government— a government that serves the will of the people. Basic Concepts of Government The English colonists in America brought with them three main concepts: 2 3 4 5 Chapter 2, Section 1
The way our government works today can be traced to important documents in history: The rights established in these landmark documents were revolutionary in their day. They did not, however, extend to all people when first granted . Over the years, these rights have influenced systems of government in many countries. How might the right to petition, first granted in the English Bill of Rights, prevent abuse of power by a monarch? Discuss your responses with your proximity partners and be prepared to share your findings with the class. Important English Documents Possible answer: Through petitioning, the people would always have the ability to question the monarch’s actions. 2 3 4 5 Chapter 2, Section 1
Because of their traditions as English citizens, American colonists expected to have the rights granted in England by the Magna Carta and the English Bill of Rights. However, they were often denied these rights, and tensions grew in the colonies, leading toward revolution. Many principles of the earlier British documents continued in the American Declaration of Independence and the Bill of Rights in the U.S. Constitution. In Europe, some of the same principles and traditions carried into the French Declaration of Rights of Man and the Citizen. Summary 2 3 4 5 Chapter 2, Section 1
Magna Carta (1215, England) • Limited the powers of the king. • Laid the basis for due process of law – law should be known and orderly. • Prohibited the king from taking property or taxes without consent of a council • Habeas Corpus Due process – administration of the law by proceeding according to established legal principles that protect individual rights. Habeas Corpus – meaning rights against unlawful imprisonment
English Bill of Rights (1689) • Guaranteed free elections & frequent meetings of Parliament • Forbade excessive fines & cruel punishment • Gave people the right to complain to the king or queen in Parliament • Est. representative government – laws made by a group that acts for the people 2 3 4 5 Chapter 2, Section 1
English Bill of Rights (1689) • It settled all of the major issues between King & Parliament. • It served as a model for the U. S. Bill of Rights. • It also formed a base for the steady expansion of civil liberties in the 18c and early 19c in England.
English Bill of Rights (1689) Rights Colonists possessed as English citizens from the English Bill of Rights in 1689. They believed King George and Parliament had violated these. Trial by Jury Due Process Private Property No Cruel Punishment No excessive bail or fines Right to bear arms Right to petition
The Thirteen Colonies There were three types of colonies in North America: royal, proprietary, and charter. • The royal colonies were ruled directly by the English monarchy. • The King granted land to people in North America, who then formed proprietary colonies. • The charter colonies were mostly self-governed, and their charters were granted to the colonists. 2 3 4 5 Chapter 2, Section 1
1. All of the following are basic concepts of government brought to the colonies by English settlers EXCEPT (a) the need for limited government. (b) the need for a representative government. (c) the need for an autocratic government. (d) the need for an ordered social system. 2. Which of the following was not one of the rights granted in the Magna Carta? (a) The right to private property. (b) The right to a trial by jury. (c) The right to freedom of religion. (d) The right to undergo due process of the law. Section 1: Review 2 3 4 5 Chapter 2, Section 1
What were Britain’s colonial policies and how did the colonists react to them? What were the outcomes of the First and Second Continental Congresses? How did American independence come about, and what were its effects? Section 2: The Coming of Independence 1 3 4 5 Chapter 2, Section 2
Until the mid-1700s, the colonies were allowed a great deal of freedom in their governments by the English monarchy. In 1760, King George III imposed new taxes and laws on the colonists. The colonists started a confederation, proposed an annual congress, and began to rebel. British Colonial Policies 1 3 4 5 Chapter 2, Section 2
Early Attempts In 1643, several New England settlements formed the New England Confederation. A confederation is a joining of several groups for a common purpose. The Albany Plan In 1754, Benjamin Franklin proposed the Albany Plan of Union, in which an annual congress of delegates (representatives) from each of the 13 colonies would be formed. Growing Colonial Unity The Stamp Act Congress • In 1765, a group of colonies sent delegates to the Stamp Act Congress in New York. • These delegates prepared the Declaration of Rights and Grievances against British policies and sent it to the king. 1 3 4 5 Chapter 2, Section 2
First Continental Congress The colonists sent a Declaration of Rights to King George III. The delegates urged each of the colonies to refuse all trade with England until British tax and trade regulations were repealed, or recalled. The Continental Congress • Second Continental Congress • In 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia. • The Second Continental Congress served as the first government of the United States from 1776 to 1781. 1 3 4 5 Chapter 2, Section 2
Major Influences 1 3 4 5 Chapter 2, Section 2
John Locke(1632-1704) England • People have natural rights to life, liberty, and the ownership of property. • People form governments to protect these rights. Therefore, a government gets its authority from the people and should reflect their will. • The doctrine of the Divine Right of Kings was nonsense. • He favored a republic as the best form of government. Natural Rightsn. the rights that all people are born with – according to John Locke, the rights of…? ? & ? (p.171)
John Locke’s Philosophy (I) • The individual must become a “rationalcreature.” • Virtue can be learned and practiced. • Human beings possess free will. • they should be prepared for freedom. • obedience should be out of conviction, not out of fear. • Legislators owe their power to a contractwith the people. • Neither kings nor wealth are divinely ordained.
Locke’s Influence • Locke’s ideas influenced Thomas Jefferson, the main author of the Declaration of Independence, the basis of the American Revolution. • It stated that people have natural “unalienable rights” and that government derives its power from the people.
SOCIAL CONTRACT THEORY Declaration of Independence The people have the right to abolish an oppressive government and establish a new one. All men are endowed with certain unalienable rights among which are life, liberty and the pursuit of happiness. John Locke A government’s power comes from the consent of the people. All people are born free and equal with natural rights to life, liberty and property Authority of Government Natural Rights To preserve himself, his liberty and property Government of laws not man Men being by nature all free, equal and independent To secure these rights History of the present King of England is repeated injuries All men are created equal Purpose of Government Limited Government Equality
DECLARATION OF INDEPENDENCE • Explain to the world why separation from England was necessary • New theory of government (democracy---people rule) • 27 grievances listed against King George • Declaration of War • We became the United States of America New Theory?
The Baron de Montesquieu(1689-1755) France • Government should be kept under control through separation of powers – a division into independent parts so that no part has too much power. • A way to guarantee balance is to have three branches of government: • Legislative branch • Executive branch • Judicial branch Sound Familiar?
Montesquieu’s Influences James • Montesquieu’s ideas influenced , sometimes called the father of the U.S. Constitution because of his many contributions at the 1787 Constitutional Convention. • The Constitution separates government powers into three branches. Madison
Jean Jacques Rousseau (1712-1778) France • A social contract exists between citizens and their government. • In this contrast, citizens accept certain rights and responsibilities, and grant the government the power to uphold those rights and responsibilities. • The Social Contract, 1762.
Rousseau’s Philosophy (I) • Virtue exists in the ”state of nature,” but lost in “society.” • Government must preserve “virtue” and ”liberty.” • Man is born free, yet everywhere he is in chains. • The concept of the ”Noble Savage.” • Liberty, Equality, Fraternity. • Civil liberty invest ALL rights and liberties into a society.
Rousseau’s Philosophy (II) • Question Does progress in the arts and sciences correspond with progress in morality? • As civilizations progress, they move away from morality. • Civilization itself leads away from true fundamentals. • Technology and art create false desires. NO!
Rousseau’s Philosophy (III) • Concept of the “General Will.” • Only those who make their own laws are free. • Virtuous citizens will agree, become one. • Not merely a consensus or the majority. • A discussion among the virtuous will yield unity. • Dissenters are “forced to be free.” • General Will = law + freedom!
American Declaration of Independence (1776) • Said that all men are created equal & have the right to life, liberty, and the pursuit of happiness; • These are unalienable rights – rights that government cannot take away. • Said that governments get their power from the consent of the governed – the idea of popular sovereignty. NOTE: Sovereignty refers to a country’s right to rule itself.
American Declaration of Independence (1776) Not only did we fight for our independence, but we fought for rights we believed we had as Englishmen. These rights would be included in our Constitution in 1791 as the first 10 Amendments or Bill of Rights. • Trial by jury • Due process • Private property • No unreasonable search and seizure • No cruel punishment • Right to bear arms • Right to petition • Freedom of speech • Freedom of the press • Freedom of religion
U.S. Bill of Rights (1791) Did you know? They are the 1st Ten Amendments of the Constitution • Guaranteed freedom of speech, freedom of religion, and freedom of the press • Guaranteed due process of law, including protection from unfair imprisonment • Guaranteed trial by jury; protected people from “cruel & unusual punishment” Chapter 2, Section 2
On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence. Between 1776 and 1777, most of the States adopted constitutions instead of charters. American Independence 1 3 4 5 Chapter 2, Section 2
Common Features of State Constitutions Popular Sovereignty Limited Government Civil Rights and Liberties Separation of Powers and Checks and Balances Common Features of State The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign. The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions. In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people. The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government. 1 3 4 5 Chapter 2, Section 2
1. The Declaration of Independence was signed in (a) 1765. (b) 1776. (c) 1781. (d) 1787. 2. The Stamp Act of 1765 was a law enacted by the British that (a) increased the colonists’ taxes. (b) was repealed by the Magna Carta. (c) the colonists ratified one year later. (d) raised the price of postage stamps by two cents. Section Review 1 3 4 5 Chapter 2, Section 2
Additional Questions to Ponder Chapter 2, Section 2
Which of the following rights in the U.S. Bill of Rights comes from a provision I the Magna Carta? a. freedom of speech b. Freedom of religion c. The right to life, liberty, and the pursuit of happiness d. the right to due process of law Question #1 Chapter 2, Section 2
Which statement best summarizes the idea of representative government as it was established in the English Bill of Rights? a. Powers not granted to the king are kept by the people. b. Laws are made and carried out by a group t hat acts for the people. c. All people are born free and equal in rights. d. A strong central government protects individual freedoms. Question #2 Chapter 2, Section 2
English colonists in America expected to have representative government in the colonies because a. there was a tradition of representative government in England. b. the fled England specifically to establish representative government. c. the king had promised the colonists representative government. d. most countries at that time had representative government. Question #3 Chapter 2, Section 2
The idea that governments get their power from the people they govern is called a. checks and balances . b. popular sovereignty. c. natural rights. d. states’ rights. Question #4 Chapter 2, Section 2
The American Declaration of Independence and the French Declaration of the Rights of Man and Citizen both a. limit the power of the king. b. emphasize the rights of the individual. c. guarantee frequent meetings of Parliament. d. guarantee freedom of religion. Question #5
The term “unalienable rights” in the American Declaration of Independence refers to rights that a immigrants do not possess. b. are guaranteed by written law. c. a government cannot take away. d. a government grants its people. Question #6 Chapter 2, Section 2
What were the Articles of Confederation? Why were the 1780s a critical period in United States history? What did America do to create a stronger government in the 1780s? Section 3: The Critical Period 1 2 4 5 Chapter 2, Section 3
The Articles of Confederation established “a firm league of friendship” among the States. The Articles of Confederation Powers Congress was given the power to declare war, deal with national finance issues, and settle disputes among the States. Obligations The States promised to obey Congress, and to respect the laws of the other States. Most other powers were retained by each State. 1 2 4 5 Chapter 2, Section 3
Weaknesses of the Articles of Confederation 1 2 4 5 Chapter 2, Section 3
Representatives from Maryland and Virginia met at Mount Vernon, Virginia, in 1785 to discuss trade issues. The meeting was so successful that the Virginia General Assembly requested a meeting of all thirteen States, which eventually became the Constitutional Convention in Philadelphia. A Call for a Stronger Government 1 2 4 5 Chapter 2, Section 3
1. The government set up by the Articles of Confederation had (a) the power to make treaties and build a navy. (b) a bicameral congress. (c) separation of powers. (d) a President to carry out its laws. 2. Which of the following was a weakness of the Articles of Confederation? (a) Congress could not make treaties. (b) Congress could not borrow money. (c) The States did not agree to obey the Articles. (d) Congress could not lay or collect taxes or duties. Section 3: Review 1 2 4 5 Chapter 2, Section 3
Who were the Framers of the Constitution? What were the differences between the Virginia Plan and the New Jersey Plan? What were some of the compromises on which the Constitutional Convention agreed? What sources did the delegates draw on and how did they react when they completed the Constitution? Section 4: Creating the Constitution 1 2 3 5 Chapter 2, Section 4
Why A New Constitution? • The AOC was unable to act decisively in a time of crisis (could not protect life, liberty and property). • Could not provide or protect our ordered, limited and representative government. States had too much power. • Provided all the evidence needed to finally convene and revise the constitution that had the power to tax and enforce it’s laws. • Why was Shay’s Rebellion such a concern to our founding fathers?
Father of the U.S. Constitution “The writing of the Constitution formed a task more difficult than can be well conceived by those who were not concerned in the execution of it. Adding to the difficulty the natural diversity of human opinions on all new and complicated subjects, it is impossible to consider the degree of concord which ultimately prevailed as less than a miracle.” • Father of the Constitution and the Bill of Rights • Believed in a strong central government • Wrote part of The Federalist Papers • Would become our 4th president