Origins of American Government

1. Origins of American Government “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people.” Daniel Webster 1830

2. Place the following events in the correct order • British surrender at Yorktown • French and Indian War • Shots fired at Lexington and Concord • Bill of Rights added to Constitution • Boston Tea Party • Declaration of Independence • Constitutional Convention • Washington Inaugurated as first President • Articles of Confederation approved by Second Continental Congress

3. Correct Order • French and Indian War 1754-1763 • Boston Tea Party 1773 • Shots fired at Lexington and Concord 1775 • Declaration of Independence 1776 • Articles of Confederation approved by Second Continental Congress 1777 • British surrender at Yorktown –Oct. 1781 • Constitutional Convention 1787 • Washington Inaugurated 1789 • Bill of Rights added to Constitution 1791

4. The two documents that are the foundation of American government are the Declaration of Independence and the United States Constitution.The government that was formed was the first of it’s kind and uniquely American.The story of government in the last 200 years has been the spread of our type of democracy around the world.

5. Basic Concepts of Governmentbrought to North America by English Colonist • Ordered Government- orderly regulation of relationships between citizens. • Limited Government- government is not all powerful. • Representative Government- government should serve the will of the people.

6. English Influences on American Government • Magna Carta-1215- includes right to trial by jury, due process of law—established principle of limited government. • Petition of Right- 1628—challenged the idea of “divine right” of kings—even the monarch must obey of the law. • English Bill of Rights- 1689- includes right to fair and speedy trial by a jury of their peers also freedom from cruel and unusual punishment.

7. Influence of English Parliament • The English Parliament had a two house legislature---The House of Commons and the House of Lords.---This is known as a bicameral legislature. • Today every state except Nebraska has a bicameral legislature. • The Congress of the United States is bicameral---The U.S. Senate and the U.S. House of Representatives.

8. Colonies established practices that became a key part of nations system of government. • Written Constitutions in each colony—all called for a separation of powers between the Governor and state legislatures, and representative bicameral legislatures. • Some colonial Constitutions included a list of rights: ex. Virginia Declaration of Rights.

9. Philosophical influences • Thomas Hobbes, James Harrington (1611-1677), John Locke (1632-1704), and Jean Jacques Rousseau (1712-1778) develop social contract theory of government. • Human beings enter into a contract by agreeing with one another to create a state (government). • Government arose out of a voluntary act of free people. • The state exist only to serve the people. • The people are the sole source of political power and they are free to give or withhold that power as they choose.

10. Philosophical Influences continued:Three concepts created by Social Contract Theory. • Popular sovereignty- people hold the power to rule. • Limited government- government is not all powerful. • Individual rights- people are born with rights that were given to them by God. • Thomas Jefferson would borrow heavily from the writings of John Locke when he writes the Declaration of Independence.

11. Path to Independence • 1607-1754-Colonist remain loyal to England in return for a large measure of self rule and protection from the French. • 1754-The Albany Plan of Union is offered by Benjamin Franklin. Plan calls for a Congress of delegates from all 13 colonies (it does not call for independence). The plan is turned down by the Colonies and the King.

12. Path to Independence continued • 1754-1763—French and Indian War threatens England’s hold on North America. • Colonist fight along side British troops. • England goes in debt fighting this war. • England expects colonies to pay higher taxes to pay for war.

13. Path to Independence continued • English Parliament passes Stamp Act of 1765. The law requires the use of stamps on all legal documents, on certain business agreements, and on newspapers. • Nine colonies send delegates to New York to what becomes known as the Stamp Act Congress. They call for a repeal of the Stamp Act by the English Parliament.

14. Path to Independence continued • 1770-British troops fire on a crowd of five colonist, killing five (Boston Massacre). • 1773-Boston Tea Party—protest against taxes on tea. • 1774- English Parliament passes a set of laws to punish colonies which become known as the Intolerable acts • 1774-Delegates from all colonies except Georgia meet in Philadelphia to protest British policies. This meeting becomes known as the first Continental Congress. The delegates send a Declaration of Rights to King George III and urge each colony to boycott all British goods.

15. Path to Independence continued • April 19,1775-British troops clash with Colonial Militia (Minutemen) at Lexington and Concord Massachusetts. • May 10,1775- The Second Continental Congress meets in Philadelphia. This will be our first national government. all 13 colonies represented vote to organize army and navy choose George Washington to lead new army.

16. Path to Independence continued • Slightly over a year after the revolution began the Second Continental Congress names a committee of Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Jefferson to prepare a proclamation of independence. • Most of the work is done by Jefferson. • July 4, 1776 the Second Continental Congress adopts the Declaration of Independence and proclaim a new nation.

17. Thomas Paine and “Common Sense” • In 1776 Thomas Paine publishes a pamphlet called “Common Sense” which details his argument for American Independence from England.

18. Declaration of Independence • “We hold these truths to self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” • “And for the support of this Declaration, with firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our Fortunes, and our sacred Honor.” • After signing the document, Franklin said “We must all hang together, or assuredly we shall all hang separately.”

19. Revolutionary War The British surrender to Washington at Yorktown on Oct. 19 1781. The French fleet prevented the British from escaping. (Lafayette) • Confirmed by Treaty of Paris in 1783.

20. First National Constitution • The Articles of Confederation were written in 1777 by the Second Continental Congress while the Revolutionary War was still going on. • The Articles went into effect in 1781 and would last until 1787. • The document creates a unicameral legislature (Congress)

21. Weakness of Articles of Confederation. • One vote for each state regardless of size. • Congress powerless to lay and collect taxes. • No Executive (President) • No National Court System • Amendments could only be added with consent of all states. • 9 out of 13 states had to agree to pass any law. • Congress could not regulate trade between states (interstate commerce). • States could print own money. • States could ignore laws passed by Congress.

22. Shays’ Rebellion 1786 • Small farmers and property owners (1200 strong) rebel against government in Massachusetts. • In reference to Shays’ Rebellion Washington says “What a triumph for our enemies to find that we are incapable of governing ourselves.” • The rebellion shows the weakness of the Articles of Confederation and the need for a new government.

23. Early attempt to fix Articles • 1786-five states meet in Annapolis Maryland to discuss the problems facing the country. They ask for a second meeting to be held in Philadelphia in 1787.

24. Constitutional Convention May 25, 1787 • 12 out of 13 states send delegates to Philly—(Rhode Island does not). • 55 delegates attend convention—today we call them the “Framers”. • Average age of delegates was 42 (Franklin at 81 oldest) • The document that they would create would be described as “the most wonderful work ever struck off at a given time by the brain and purpose of man.” English statesman William Gladstone

25. Constitutional Convention • Elect George Washington as President of Convention. • Decide to conduct their meetings in secrecy. • First major decision made--write a new constitution and get rid of the Articles of Confederation. • James Madison would contribute the most to the constitution –that is why he is known as the “Father of the Constitution.”

26. Major plans presented at Convention • Virginia Plan—(large state plan) largely the work of Madison. • 3 separate branches of government. • Legislature would be bicameral • Representation in each house based on population. • Lower house elected by people in each state. • Upper house chosen by Lower House. • Executive and Judicial branches would be selected by the Legislative branch.

27. Major plans presented at Convention • New Jersey plan—(small state plan) William Paterson • Unicameral Congress with equal representation. • Federal Executive of more than one person selected by Congress. • Federal Judiciary appointed by Chief Executives.

28. Great Compromise (Connecticut Compromise) • Bicameral legislature: lower house (House of Representatives) to be based on population. The upper house (United States Senate) to be based on equal representation. Example: California has 53 representatives Virginia has 11, Wyoming has 1. However each state has 2 Senators.

29. Who should count as population? • If the House of Representatives was going to be based on population then that would mean that you would have to count the population of a state. The question arose who should count as population? • Southern states wanted to count slaves which would increase their population, thus increasing their representation in the new Congress. • Northern States did not want slaves counted.

30. Three-Fifths Compromise • Slaves would be counted as three-fifths of a person when determining the population of any state. • Compromise would be abolished in 1865 with the adoption of 13th. Amendment that abolished slavery. • Today the population of each state is determined every 10 years by conducting a census.

31. Commerce and Slave Trade Compromise • Congress was given the power to regulate foreign and interstate commerce. • Southerners were worried that the north would push through legislation that would end slavery and tax southern tobacco and cotton exports. • To satisfy the southern delegates Congress was forbidden the power to tax exports and to act on the slave trade for a period of 20 years. (In 1808 Congress did ban the importation of slaves).

32. Electoral College Compromise • Some at the convention wanted to elect the President by popular vote. • Others wanted the President to selected by Congress. • The Compromise was the electoral college system which was proposed by Alexander Hamilton.

33. Convention completes its Work • September 17, 1789 39 names are placed on finished document. • In order for it to go into effect 9 out of 13 states had to approve it. • In the battle for approval (ratification) two groups emerged. 1. Federalist –supported ratification 2. Anti-Federalist—opposed ratification

34. Major criticisms by anti-federalist • Absence of any mention of God. • Denial of states the right to print money. • Greatly increased powers of central government. • Lack of list of rights (Bill of Rights) “I look upon that paper as the most fatal plan that could possibly be conceived to enslave a free people.” Patrick Henry

35. Federalist Papers • A collection of 85 essays written in support of ratification of the Constitution. • They were published in the local newspapers of the day. (Especially in the state of New York where the vote on ratification had not taken place) • Written by Alexander Hamilton, James Madison, and John Jay. • Considered among the best political writings in the English language, they are still used today by scholars to determine the intent of the Founding Fathers.

36. New Government takes over • Eventually all 13 states ratify the Constitution. • The Bill of Rights (First 10 Amendments) would be added four years later in 1791. • The new Congress met first on March 4, 1789 in New York. On April 30, 1789 George Washington was sworn in as the first President of the United States.

37. The Constitution • Preamble Article I-Legislative Department Divided into 10 sections Article II-Executive Department Divided into 4 sections Article III-Judicial Department Divided into 3 sections Article IV-Relations among the States Divided into 4 sections Article V-Provisions for Amendment

38. The Constitution continued Article VI-Public Debts, Supremacy of National law, oath Divided into 3 Sections Article VII-Ratification of Constitution 27 Amendments

39. Major Principles in the Constitution 1. Popular Sovereignty—rule by the people A. The Preamble begins with “we the people of the United States in order to form a more perfect union” 2. Federalism—power is divided between the national government and the state governments. The Supremacy Clause of the Constitution provides for a “ladder of laws”- U.S. Constitution— Acts of Congress and Treaties--- State Constitutions----State Laws---- City and County ordinances.

40. Major Principles continued • Examples of Federalism- 1. States make up their own rules on how to conduct Presidential elections inside their own states. 2. Some states have the death penalty and some don’t. (radar detectors also) 3. When the national (federal) government declares marijuana illegal states can not make it legal. 4. The Full Faith and Credit Clause of the Constitution says that all states must honor the public acts, records, and judicial proceedings of another state.

41. 3. Separation of Powers • The three branches of government (executive, judicial, and legislative) are separate and distinct. A. Executive branch—enforces the law B. Legislative branch---makes the law C. Judicial branch---interprets the law Can the President keep his or her meetings with advisors secret from the Congress?

42. 4. Checks and Balances • Each branch of government exercises some control on the other branches of government. Examples: • Congress passes a bill and the President vetoes it. • Congress may override a Presidential veto. • The Supreme Court may declare a law unconstitutional (judicial review). Check handout “Checks and Balances at Work”

43. 5. Limited Government • The Congress limits the power of government. Examples: • Congress shall not pass an Ex post Facto law. • Congress shall not pass a bill of attainder. • Congress may not take away a persons freedom of speech or press. • Congress shall not tax exports. • Congress shall not create a state from another state without the permission of that states legislature.

44. 6. Judicial Review • This power, which belongs to the federal courts, is not explicitly stated in the Constitution. • It was first used by the Supreme Court in Marbury v. Madison in 1803. A. The Supreme Court ruled that a law which had been passed by Congress and signed by the President was unconstitutional. Today the Federal Courts may rule that any action of government (federal, state, or local) is Unconstitutional.

45. A few examples of governmental actions being ruled unconstitutional (judicial review). • Segregation of public schools by state and local governments. • Requiring students to stand for the pledge or participate in prayer before each school day. • Requiring a wife get her husbands permission before getting an abortion. • Putting someone on trial with out a lawyer if there is a possibility that they could go to jail. • States prohibiting bi-racial couples from getting married.

46. Four methods of Amending the Constitution 1. Proposed by two thirds vote in each house. Ratified by ¾’s (38) state legislatures.—26 out of 27 done this way. 2. Proposed by two thirds vote in each house. Ratified by ¾’s (38) state conventions. 3. Proposed by a national convention, called by Congress at the request of 2/3’s (34) of the states. Ratified by ¾’s (38) state legislatures. 4. Proposed by a national convention and ratified by ¾’s (38) state conventions.

47. Amendments 11. Immunity of states from certain lawsuits 12. Changes in electoral college system 13. Abolition of slavery 14. Citizenship, due process, equal protection. 15. No denial of vote because of race or color. 16. Power of Congress to tax incomes. 17. Popular elections of U.S. Senators. 18. Prohibition of alcohol. 19. Women given right to vote. 20. Change dates on start of Presidential and Congressional terms. 21. Repeal of 18th. Amendment 22. Limit on Presidential terms.

48. Amendments continued 23. District of Columbia given 3 electoral votes in Presidential election. 24. Ban on poll tax. 25. Presidential succession, vice-presidential vacancy, presidential disability. 26. Voting age changed to 18 27. Congressional pay can not be raised during the term of a Congress person.