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The Origins of American Government: A Primer

Explore the origins of American government through key historical documents like the Magna Carta, Petition of Right, Mayflower Compact, and the ideas of influential thinkers such as John Locke, Baron de Montesquieu, and Thomas Paine. Learn about the principles of individual rights, division of powers, and the social contract theory that shaped the foundation of American democracy.

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The Origins of American Government: A Primer

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  1. The Origins of American Government: A Primer Anthony Fitzpatrick

  2. The Magna Carta • 1215: King John agrees to – • Preserve the Freedom of the Church and to hear petitions from the barons. • Remove foreign armies from England. • Not to seize land to pay for debts. • Not to take life or liberty without due process or repayment. • Not to delay court proceedings or punish without hearings from witnesses • Repay unjust fines and not issue extreme punishments

  3. Tested: The Petition of Right • King Charles disbands parliament. Sir Edward Coke presents a list of complaints: • Denying due process • Unjustly taking property • Denying trial by jury • Unjust punishments and fines Charles is beheaded in 1649 = Law over monarch.

  4. The Glorious Revolution provides the English Declaration of Rights and Toleration Act -1689. • 1688 – William and Mary accept the laws as a condition of ascending to the throne. • Freedom of Religion (for Non-Anglican protestants) • Freedom of Speech for Parliament (during debate) • Peaceful assembly and right to petition. • Bear arms. • Protection of property and liberty • Rights of the accused and criminals

  5. The Mayflower Compact and the Body of Liberties • 1620 – Compact establishes a social contract. • 1641 – Body of Liberties • Free Speech and Petition • Just compensation for property taken for public use • Protection from Double Jeopardy • Trial by Jury and right to counsel • Protection from cruel punishment and excessive bail.

  6. John Locke: Two Treatises of Government (1690) • Men are by nature FREE and EQUAL and they own their own person and possessions. • People must unite into a community for their comfortable, safe, and peaceable living” in order to defend their rights. • The purpose of government is to protect individual natural rights (life, liberty, property)

  7. Baron de Montesquieu • A divided and balanced government was the best way to safeguard against tyranny and a consolidation of power into one particular interest. • Montesquieu admires the British construct of government.

  8. Thomas Paine: Common Sense • Asserts the values of an electoral process as a remedy against the problems of heredity as an avenue to hold public office. • A mixed state (as promoted by Locke and Montesqueiu) is not sufficient)

  9. Let’s SPEC! • Let’s first SPEC some of the aSPECts of the key points. • Then – we will examine excerpts of the text to see if our assertions hold true. • Finally – generate lesson ideas.

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