Origins of American Government

Origins of American Government Magruder’s American Government Chapter 2

Political Beginnings • Early English settlers brought English laws and customs with them • They believed government helped make life more orderly

Limited Government • An idea from England • Began with the Magna Carta in 1215 • Put limits on the King’s power • Established the written law

Representative Government • Since all people participating is impractical, the people elect a small group to represent their interests • Government serves at the will of the people • The people control the government

Landmark Documents • Magna Carta 1215 • Included right to trial by jury, due process of law • Petition of Right • King could not imprison political critics • No martial law during peacetime • Homeowners couldn’t be forced to house soldiers • The King was required to obey the law, too

Documents, continued • English Bill of Rights • No standing army in peacetime without permission from Parliament • Free Parliamentary elections • Right to a fair and speedy trial • No excessive bail • No cruel and unusual punishment

Colonial Governments • Each slightly different • Legislatures • Unicameral (one house) • Bicameral (two houses) • Some run by King (Royal Colonies) • Others more self-governed

Road to Independence • In theory, all important matters were decided in London • In practice, the colonists were used to governing a lot of things themselves • London generally took care of colonial defense and foreign affairs

Steps Taken • Shortly after George III came to power, he attempted to tighten royal control over the colonies • Colonies made attempts at unity • Albany Plan (failed) • Stamp Act Congress • No taxation without representation • Declaration of Rights and Grievances • Boycotts

Continental Congress • 1st one sent Declaration of Rights to King George III • 2nd Continental Congress • Became the 1st national government of the nation • Served from July, 1776 until Articles of Confederation went into effect March 1, 1781

The First State Governments • Wrote their own Constitutions • Body of laws • Set out the ideals, parts and functions of government

Common Ideas • Popular Sovereignty—(people rule) the power really belongs to the people, but they give permission to the government to do certain things • Limited Government—restrictions on what government is allowed to do • Civil Rights & Liberties—government must respect the right of the people

Separation of PowersandChecks and Balances • Three branches • Legislative, Executive, Judicial • Each has specific jobs • Each has ways to keep an eye on the other two

The Critical Period • Why is it critical? • Will the new nation survive, or not? • Will the government succeed or will they fall into anarchy? • Will the British army reassert power?

Articles of Confederation • Firm league of friendship • Congress was the only governmental body • No Executive or Judicial branches • Each state had one vote

Powers of Congress • Make war and peace • Send and receive ambassadors • Make treaties • Borrow money • Set up a monetary system (print money) • Build a navy; ask states for troops for army • Set standards of weights & measures • Settle disputes among states

State Obligations • Obey the Articles and Acts of Congress • Provide the troops and funds requested by Congress • Treat citizens of other states fairly and equally with their own citizens • Honor the laws, etc. of other states • Surrender fugitives from justice to each other • Allow open travel and trade among the states

Reserved Powers • Any power not specifically given to Congress was kept by the states themselves

Weaknesses of the Articles • Congress did not have the power to tax • Congress couldn’t regulate trade among the states • Congress had no power of enforcement to make the states obey • 9 votes required to exercise power of Congress and pass laws • Changes to the Articles must be unanimous

Problems led to new government • The helplessness of Congress and rising violence combined to cause people to discuss a new form of government • Wanted to correct the weaknesses of the Articles • Constitutional Convention in Philadelphia

The Delegates • Only Rhode Island was not represented • Variety of political experience • Leadership skills • Decided almost immediately to create a new form of government

Under the New System • Three branches of government • Legislative, Executive, Judicial • Two houses in the Legislature • Great Compromise between small and large states • One with equal representation • One based on population • 3/5 Compromise regarding counting slaves for population totals

Sources of the Constitution • Ideas from many previous governments • Greece & Rome • Great Britain and other European countries • Political writers • Blackstone • Montesquieu • Rousseau • John Locke

The two Sides in Ratification • Federalists • Leaders: James Madison, Alexander Hamilton • Stressed the weaknesses of the Articles • Supported a stronger central government • Anti-Federalists • Leaders: Patrick Henry, Samuel Adams • Feared tyranny of a too-strong central government • Concerned about lack of a Bill of Rights

Who voted Yes? • Delaware was the first state to approve • Although 9 states had ratified by June 21, 1788, Virginia and New York had not • Support of these large states was essential • By September 13, 1788 11 of 13 states had approved

Beginnings • New York chosen as temporary capital • 1st Wednesday in January set as date to choose Presidential electors • 1st Wednesday in February set as date for electors to vote • 1st Wednesday in March set as inauguration date

New Congress • First convened on March 4, 1789 • Met in Federal Hall, on Wall Street in NYC • Lacked a quorum, couldn’t count votes • On April 6, votes were counted • George Washington was elected President by an unanimous vote • John Adams V.P. by a substantial majority • Took oath of office on April 30, 1789

The End

Origins of American Government