1. Evolution of Anglo-American Government QT 29-44

2. Objectives Trace development of Anglo-American political philosophy Examine impact of significant documents Evaluate relevance to current US government practices/procedures C1 PO2a&b, C1 PO3a, C1 PO3b, C2 PO3

3. Tribal Britain Queen Boudicca (r) of the Iceni tribe fights against the Roman Empire to support her right to succeed her father as ruler of the Iceni. (60’s CE) Boudicca appears victorious, but is later trapped and commits suicide rather than submit to male control. Queen Boudicca’s example was later used (1550’s) to justify rule by English Queens, and later women’s legal equality rights

4. Canon Law Britain was introduced to the Judeo-Christian ideas of Canon law during the late Roman Empire. Canon Law (Laws of the Roman Catholic Church derived from the Bible and Church Councils) dominated Europe from 476-1500’s Pope St. Simplicius (r) consciously used the Church to keep Roman ideas alive after the Fall of Rome in 476

5. Canon Law Precedents Canon Law 1 Male- 1 Female Marriage Priests answer to the Pope, not a King Some information is inherently evil Modern US Law 1 Male- 1 Female Marriage recognized in all 50 states Freedom of religious belief and practice Obscenity laws to protect vulnerable people

6. The English Monarchy King Henry II (r) claimed the title “Rex Angliae” in 1154, claiming and enforcing control over all of England. By 1215, inept rule by Henry’s youngest son(King John) allowed rebellious local leaders to limit royal power in the MAGNA CARTA

7. MAGNA CARTA Precedents Clause 12 & 14 – No taxation w/o representation Clause 39 – Right to Habeas Corpus Clause 42 – Right to citizenship outside of “realm” Clause 45 – Right to judgment by “knowledgeable” men Only US House of Representatives can start US tax bills Arrested people must be informed of cause Freedom to travel and return to USA Court Judges must be trained and examined lawyers.

8. When Adam Delved… 1381 Priest John Ball was hanged, drawn and Quartered, beheaded and his head put on a pike to rot for his sermon, “From the beginning all men by nature were created alike, and our bondage or servitude came in by the unjust oppression of naughty men. For if God would have had any bondmen from the beginning, he would have appointed who should be bond, and who free. And therefore I exhort you to consider that now the time is come, appointed to us by God, in which ye may (if ye will) cast off the yoke of bondage, and recover liberty.”

9. The Age of Reason Starting in the 1500’s, researchers increasingly rejected Canon Law and turned to Ancient Greek and Roman examples This Age of Reason sought to use republican and democratic methods to control government for the benefit of the people, rather than the rulers

10. 1612 Lawes Divine, Morall and Martiall First Laws for Virginia Colony (first USA laws) Power vested in royal governor Designed to help colony survive Death Penalty for: – Stealing grapes – Killing chickens – Trading with Indians – Cursing/Swearing – Missing Church more than 3 times without excuse – Lying under oath – Adultery – Leaving the colony without permission

11. Age of Reason Precedents 1 Mayflower Compact 1620 First Anglo-American document to codify lawmaking power in the “Body Politick” instead of the King Established equal relationship between “Saints” and “Strangers”

12. Mayflower Compact Signers 1.John Carver 2.William Bradford 3.Edward Winslow 4.William Brewster 5.Isaac Allerton 6.Miles Standish 7.John Alden 8.Samuel Fuller 9.Christopher Martin 10.William Mullins 11.William White 12.Richard Warren 13.John Howland 14.Stephen Hopkins 15.Edward Tilly 16.John Tilly 17.Francis Cooke (sic) 18.Thomas Rogers 19.Thomas Tinker 20.John Ridgdale 21.Edward Fuller 22.John Turner 23.Francis Eaton 24.James Chilton 25.John Craxton (sic) 26.John Billington 27.Joses Fletcher (sic) 28.John Goodman 29.Digery Priest (sic) 30.Thomas Williams 31.Gilbert Winslow 32.Edmund Margeson 33.Peter Brown 34.Richard Bitteridge (sic) 35.George Soule 36.Richard Clark (sic) 37.Richard Gardiner 38.John Allerton 39.Thomas English 40.Edward Doten (sic) 41.Edward Leister

13. Mayflower Compact William C Reimers William R Reimers Richard S. Reimers Grace E. Shurtleff Job A. Shurtleff Henry S. Shurtleff Barzillai Shurtleff Benjamin Shurtleff Susana Cushman Josiah Cushman Martha Cooke Damaris Hopkins Stephen Hopkins

14. Age of Reason Precedents 2 Leviathan 1651 Written by Thomas Hobbes during English Civil War Humanity’s natural state is “Bellum omnium contra omnes” A social contract enforced by a strong central leader prevents anarchy/chaos The people have consented to rule in return for order/safety

15. John Locke History Grew up in a time of civil unrest in England Religion, power and money Attended Oxford University Force to Flee England for support of Government limits Wrote “Two Treatises” in support of Protestant, limited government Challenge to Hobbes Hobbes’ arguments provided backing to James II’s oppression of Protestants like Locke Locke argues that people are basically good. Gov. is based on a 3 part SOCIAL CONTRACT- which the gov. cannot break.

16. Age of Reason Precedents 3 Two Treatises 1689 John Locke set three conditions for good government – Consent of the Governed – Limits on Power – Ways to Remove Bad Leaders Good government protects natural rights – Life – Liberty – Property Right to overthrow government if bad

17. Consent of the Governed Assumes people have at least 2 options – Agree, Disagree, Indifferent Governments can encourage/force consent – Carrots & Sticks Abuses damage that consent – Unclear relationship between action and punishment When enough people withdraw consent, the government is unstable. – Criminal Activity, Protests, Strikes, Mob Riots, Insurrection, Civil War, Revolution

18. Limited Government No government is perfect – People have right to change style The governed must have control to promote stability – People ultimate source of political power Limits should be clearly defined. – Written, Publicized, Populace Educated on Limits

19. Removal of Bad Leaders High responsibility demands excellent leaders – Stress and Fatigue gets even the best leader Governed must have ways to change leaders – Orderly transition accepted by populace Leaders who refuse to change or leave must be removed – Force is discouraged, but sometime necessary A good leader protects the natural rights to Life, Liberty and Property for the governed.

20. English Bill of Rights of 1689 Glorious Revolution in England installs William of Orange ends religious wars in England. – Catholic James II overthrown by Protestant daughter and son in law! In return for political support William accepts English BOR as binding limits on his power Applied to all subjects, regardless of location

21. Summary of 1689 English BOR Englishmen, as embodied by Parliament, possessed certain immutable civil and political rights. These include: – freedom from royal interference with the law (the Sovereign was forbidden to establish his own courts or to act as a judge himself) – freedom from taxation by royal prerogative, without agreement by Parliamenttaxation – freedom to petition the King – freedom from a peace-time standing army, without agreement by Parliamentarmy – freedom [for Protestants] to have arms for defence, as allowed by lawProtestants – freedom to elect members of Parliament without interference from the Sovereign – the freedom of speech in Parliament, in that proceedings in Parliament were not to be questioned in the courts or in any body outside Parliament itself (the basis of modern parliamentary privilege) parliamentary privilege – freedom from cruel and unusual punishments, and excessive bail – freedom from fines and forfeitures without trial

22. Takeaway How did English government change over time? How do some of these old laws still apply today? What has been more important historically, responsibility to government or rights for people? Explain.