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Origins of American Government Andy Meehan Rebekah Bertagnoli A.J. Mayer Foundations The U.S. Constitutional system has incorporated democratic ideas from Athens and Rome. Athens-Direct Democracy Rome-indirect democracy Ordered Government First English colonists saw the need for an orderly regulation of their relationships with one another. Formed local governments based on their English ideas. Examples of offices: sheriff, coroner, assessor, and justice of the peace…. Limited Government Deeply rooted in English belief and practice by the time the first ships reached America. Colonists didn’t want the government to be too strong. Representative Gov. The idea that the government should serve the will of the people. “government of, by, and for the people.” Foundations Ideas gained from famous documents: Magna Carta Limited power of the government Fundamental rights English Bill of Rights Limited power of the Monarch Trial by Jury Due process of Law No standing army in peacetime Free elections Right of petition Parliamentary checks on power English Petition of Rights Early document supporting idea that men have rights and establishing concept of rule of law Included basic rights Guarantee of trial by jury Protection against marshal law Protection against quartering of troops Protection of private property Foundations Fundamental political principles Limited Government-John Locke, Thomas Hobbes (Constitution of Virginia, Constitution of the United States, Declaration of Independence) Government’s authority coming only from the consent of the governed-John Locke (Declaration of Independence, Constitution of the United States) Foundations Separation of powers- Montesquieu (Constitution of the United States, Constitution of Virginia) The Charters of the Virginia Company extended the rights of Englishmen to the colonists The philosophies of Locke and Rousseau are expressed in the Declaration of Independence: Rousseau believed that all men are created equal Locke believed that government is based on an agreement between people and their rulers (“social contract”). He felt that people have the right to life, liberty, and property. Framework Ratification debates Nine of thirteen states needed to ratify Constitution Anti-Federalist position Suspicious of a strong central government Wanted Bill of Rights to protect personal liberties Federalist Position Believed that a strong central government was the best way to protect freedom Framework The Federalist was a series of essays supporting adoption of the Constitution. The preamble to the Constitution establishes the purpose of government To form a more perfect union To establish justice To ensure domestic tranquility To provide for the common defense To promote the general welfare To secure the blessings of liberty Framework Fundamental principles Consent of the governed: People are the only source of governmental power Limited government: the government may do only those things that the people have given it the power to do Separation of powers: Government is divided into three branches- Legislative, executive, and Judicial Checks and balances: this is a system whereby each branch of government exercises some control on the others Federalism: In this form of government, powers are divided between the national and state governments. Rule of Law: The Constitution of the United States is supreme and all individuals are accountable under the law Royal Colonies Subject to direct control of the Crown. There were eight of them: New Hampshire, Massachusetts, New York, New Jersey, Virginia, N.C., S.C. and Georgia. The king named a governor to serve as colony’s chief executive. A council also named by the king, serving as an advisory body for the royal governor. they had a bicameral legislature elected by property owners in the lower house, the upper house was the governor and the council. Laws passed had to be approved by the governor and the Crown. Proprietary Colonies Three of them: Maryland, Pennsylvania, and Delaware. Organized by a proprietor, a person whom the king had made a grant of land. Also had a governor like the royal colonies. Maryland and Delaware bicameral and Pennsylvania unicameral. Charter Colonies Connecticut and Rhode Island were the only two. Based on charters granted in 1662 and 1663 respectively to colonists themselves. Governors elected each year by the white, male property owners of each colony. Two house legislature appointed judges. Coming of Independence Britain’s Colonial Policies: The Crown took little matters in the management of the colonies, but was interested in the trade. By this time mostly self-governed, and not many direct taxes sent back to England. 1760 Britain became more strict and began to place trade acts, and new taxes. “No Taxation without Representation.” Coming of Independence Growing Colonial Unity 1643 Massachusetts Bay, Plymouth, new Haven, and Connecticut settlements formed the New England Confederation. It developed a league of friendship to help in defense against the Native Americans. 1754 the Albany Plan- 7 northern colonies: Connecticut, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, and Rode Island. Plan proposed by Franklin said this: an annual congress of delegates from each of the 13 colonies. It was used for military action against the French and Native Americans…it didn’t go into action, but his ideas would be remembered for later. Coming of Independence Stamp Act Congress: New taxes being in imposed by England, one was the stamp tax. October 1765 nine colonies-all except Georgia, New Hampshire, N.C. and Virginia sent delegates to the Stamp Act Congress in NY. Put together a Declaration of Rights and Grievances, this marked the first time a significant number of the colonies had joined to oppose Britain. More laws caused riots at ports and a boycott on all English goods. (Boston Massacre) Committees of Correspondence formed by Samuel Adams, the Boston Tea Party 1773. Coming of Independence The First Continental Congress: Intolerable Acts Formed the Congress to discuss and send a declaration to England telling them to repeal the taxes. (Sept. 5 1774-Oct. 26) Agreed to meet again in may for a second time. Coming of Independence Second Continental Congress: Refusal of compromise by England May 10, 1775 they met by this time the Revolution had begun…Hancock was the President of the Congress and Washington was in charge of the military. Thomas Jefferson took Washington’s place in the Virginia delegation. This Congress served as government fighting a war, raising armies, a navy, borrowed funds, bought supplies, created a money system, and made treaties with foreign nations. Unicameral Congress exercised both legislative and executive powers.—Large State—had one vote. Declaration of Independence July 2, 1776 Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Jefferson, drafted the Declaration. July 4, 1776 we are free! First State Constitutions 1776-1777 most of the states adopted written constitutions-bodies of fundamental laws setting out the principles, structures, and process of their government. Massachusetts constitution of 1780 is the oldest present-day State constitutions. Common features: Popular sovereignty, they were brief documents giving limitations on the government. Elective terms of office were made purposely short, seldom more than one or two years. Voters were white, male, property owners. The Critical Period Articles of Confederation-established “a firm league of friendship” among the States. Under this plan, each State kept “its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right…not… expressly delegated to the U.S., in Congress assembled.” States than ratified it on March 1, 1781. Structure, Powers, Weakness Unicameral, made up of delegates chosen yearly by the States in whatever way their legislatures might direct. Each state had one vote in the Congress. No executive or judicial branch. They chose one of the members to preside over the Congress Power consisted of making war and peace; send and receive ambassadors; make treaties; borrow money; set up a money system, ect… Weaknesses- no power to tax, raise money only by borrowing and by asking for State funds. No executive to enforce acts of congress. No national courts system and 9/13 states had to ratify for every law. A need for a stronger government Mount Vernon-Maryland and Virginia, plagued by bitter trade disputes, took the first step in the movement for change. Resulted in “a joint meeting of all the States to recommend a federal plan for regulating commerce. Annapolis-5/13 States showed up…1787 seven named delegates to the Philadelphia meeting, this became the Constitutional Convention. Creating the Constitution The Framers: twelve of the thirteen states, all but Rhode Island attended sending 74 delegates to Philly. 55 attended the convention and all of them were outstanding and intelligent people. They were of a new generation of political minds. They met at Independence Hall, the same room the Declaration was signed 11 years earlier. Washington was president of the convention. They worked in secrecy. It was at first used to revise the Articles but than was decided that they should rewrite everything. Virginia Plan This plan called for a new government with three separate branches: legislative, executive, and judicial. Divided into two houses the House of reps. and the senate, which were chosen by the House from a list of persons nominated by the State legislatures. Smaller states thought these ideas were too radical. New Jersey Plan A unicameral system with each of the States equally represented. Called for a federal executive of more than one person. This person would be chosen by Congress and could be removed by it at the request of a majority of the States’ governors. Compromises The Connecticut Compromise- agreed that Congress should be composed of two houses. In the small Senate, the States would be represented equally. The House would be based on population. AKA Great Compromise. 3/5ths Compromise- Provided that all “free persons” should be counted, and so, too should “three-fifths of all other persons.” Compromise The commerce and slave trade compromiseCongress was forbidden the power to tax the export of goods from any State. It was also forbidden the power to act on the salve trade for a period of at least 20 years. The Constitution is said to be a “bundle of compromises.” Ratifying the Constitution Two groups emerged from the States Federalists who approved ratification and AntiFederalists who apposed the ratification. Two major features of the proposed Constitution drew the heaviest fire: The greatly increased powers of the central government and the lack of a bill of rights. Nine States ratify Inaugurating the Government September 13, 1788 11 of 13 States “under the federal roof,” the Congress of the Confederation paved the way for its successor. New York-temporary capital, first Wednesday in Feb. was set as the date on which those electors would vote, and the first Wednesday in March as the date for the inauguration of the new government. On April 30th Washington took the oath of office as the first President of the U.S. Sources Prentice Hall- Magruder’s American Government text book. http://www.sullivancounty.com/bush/constitution.htm