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Chapter 2 Historical Roots of American Government.

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2 Chapter 2 Historical Roots of American Government

3 Basic Concepts of Government ► Name some basic human rights and freedoms. ► Where did you get your ideas? ► We are going to discuss where Americans got their ideas about people’s political rights and freedoms.

4 3 Characteristics of Government 1. Ordered Gov. Colonist knew orderly regulation was needed; as in England, they created local governments 2. Limited Gov. Government should not be all powerful and has limits to what it can do; individuals have guaranteed rights 3. Representative Gov. Government should serve the will of the people; should represent the people’s best interests; people need a voice (elect representatives)

5 Leading Up to the Declaration ► The Magna Carta (1215)


7 Leading Up to the Declaration ► The Magna Carta (1215)  First document to ever limit the power of a king  Guaranteed some rights of citizens – king could not punish someone without jury trial

8 Petition of Right ► ► Limits the king’s power ► ► King could no longer imprison or punish any person but by the lawful judgment of his peers, or by the law of the land ► ► king could not require homeowners to shelter the troops ► ► king must also obey law of the land

9 The English Bill of Rights ► ► Prohibited a standing army in peacetime ► ► required elections be free ► ► taxing without government permission is not allowed ► ► guarantees the right to a fair trial ► ► freedom from excessive bail and cruel and unusual punishment

10 The English Colonies ► ► The 13 colonies were established on the basis of a charter (a written grant of authority from the king) ► ► 1. Royal Colonies – under direct control of the Crown. Laws passed through the Crown ► ► 2. Proprietary Colonies - these colonies were organized by a proprietor (person who the king gave the land). Laws passed through the Crown ► ► 3. The Charter Colonies – self-governing (if other colonies were set up this way, the Revolution might never have occurred)

11 Leading Up to the Declaration ► John Locke’s 2 nd Treatise on Government  Natural Rights – men had rights given to them by God before governments were ever created. John Locke

12 Leading Up to the Declaration ► Man’s natural rights are:  LIFE  LIBERTY  PROPERTY  Government’s purpose is to protect these, not take them away! John Locke

13 Britain Messes with the Colonies ► The Stamp Act 1765  Required every published piece of paper to receive a British stamp of approval, and pay a tax with it  True intention was likely to stop colonists from publishing essays and newspapers critical of Britain’s government

14 Colonial Unity ► Stamp Act Congress (1765)  9 colonies joined together to protest England’s Stamp Act, and England repealed it

15 Colonial Unity ► First Continental Congress (1774)  Trying to repair relationship with Britain even after new law were in effect (we called them Intolerable Acts)  Sent a “Declaration of Rights and Grievances” to the king, boycotted trade with England

16 Colonial Unity ► Second Continental Congress (1775-1781)  Trying to defeat Britain  Convened in the middle of the Revolutionary War  Our nation’s first national government

17 Colonial Unity ► Second Continental Congress (1775)  Elected George Washington Commander-in- Chief of the Army  Second Continental Congress was in effect from Declaration of Independence 1776 to Article of Confederation 1781

18 The Declaration of Independence July 4 th, 1776 by Thomas Jefferson

19 Jefferson Explains the Trouble With Writing This Thing:

20 Fundamentals of the Declaration ► Men have inalienable natural rights ► Governments exist by the consent of the governed ► Abusive governments can be replaced

21 State Constitutions ► ► Many states adopted written constitutions – bodies of fundamental laws setting out the principles, structures, and processes of their government. ► ► Common features include:   popular sovereignty   limited government   civil rights and liberties   separation of powers and checks and balances

22 Our First Government ► The Articles of Confederation  A huge mistake, but a good learning experience

23 The Articles of Confederation

24 ► Was not a strong national government ► Rather, it was a “firm league of friendship” between 13 independent states

25 Weaknesses of the Articles of Confederation (pg. 45) ► National Government could not:  Collect Taxes  Regulate Trade Between States  Create a Court System  Use Troops Without Permission from the States

26 Problems with the Articles ► As a result:  States never sent the government any money  States boycotted each other’s goods and currency  States made trade agreements with foreign countries

27 Features of the Articles Government ► Legislative Branch (Congress)  Unicameral (One House)  States could send as many or as few Reps. as they wanted  Each state gets 1 vote regardless of number of Reps.  Any change to the Articles required approval of all 13 states

28 Features of the Articles Government ► Executive Branch  No national executive branch  All executive and judicial powers were given to the states

29 Problems Lead to the Need for a Change:

30 The Constitutional Convention May 25 th to September 17 th, 1787

31 The Constitutional Convention ► Original purpose was to slightly edit the Articles of Confederation ► What ended up happening was a secret meeting where the Founding Fathers created a brand new government


33 The Framers ► Who were the Framers (Writers)?  A gathering of 55 of the most brilliant minds in history?  Most were in their 30’s and 40’s  All upper class, well educated, white males ► Middle and lower classes, women and racial minorities were not given the opportunity to participate  Most famous names : George Washington, James Madison, Ben Franklin, Alexander Hamilton

34 The Framers: Demi-Gods? ► The Framers are really just men – or “politicians,” even ► They are fighting with one another on every issue, and forming compromises to resolve the fights

35 The Framers ► James Madison becomes known as the “Father of the Constitution,” as he became the leader of the convention, and did much of the writing Mack Daddy James Madison

36 Two Competing Ideas ► The Virginia Plan  The “Big State Plan”  3 Branches – Legislative, Executive, Judicial, each with checks and balances against the others  Bicameral legislature with representation based on population alone

37 Two Competing Ideas ► The New Jersey Plan  The “Small State Plan”  Unicameral legislature with all states represented equally  Executive would be three presidents, who chose the Judicial branch

38 Compromises ► The Connecticut Compromise  “The Great Compromise”  Bicameral legislature, one house based on population, one on equality

39 How the Great Compromise Works StatePopulation # in House # in Senate California 35 million 532 Arizona 5 million 82 Wyoming 0.5 million 12

40 Compromises ► The 3/5ths Compromise  Southern states wanted to count slaves as part of their populations to get more votes in Congress  Compromise allowed them to count slaves as 3/5 ths of a person in the census  *Note* - slaves did NOT get 3/5 ths of a vote!

41 Compromises ► The Commerce and Slave Trade Compromise  Southern states feared that slavery would be banned by more heavily populated Northern states in Congress  Compromise prevented Congress from acting on the matter of slave trade for at least 20 years

42 Sources of the Constitution ► Framers pulled from a number of places to get the final product:  Ancient Greece’s Democracy and Rome’s Republic  John Locke’s 2 nd Treatise on Government  Charles de Montesquieu’s ideas about separating the powers of government  Great Britain’s government

43 British Government Bicameral Legislature (House of Lords and Commons) Strong Executive (King) Royal Court System Federal Relationship w/ Colonies Articles of Confederation Unicameral Legislature No Executive No Court System Confederation of States New Constitution Bicameral Legislature (House and Senate) Strong Executive (President) Supreme Court System Federal Government

44 Ratifying the Constitution ► Ratify – vote on and pass ► Constitution required that 9 of the 13 states needed to approve it to take effect Did someone say “Rat”ify?

45 Federalists vs. Anti-Federalists ► Federalists – favored ratification of the Constitution and a new federal government ► Anti-Federalists - opposed the new Constitution on almost all grounds  Especially wanted to add a bill of rights

46 Federalists vs. Anti-Federalists ► Famous Federalists: James Madison, Alexander Hamilton, John Jay, George Washington  Madison, Hamilton, and Jay write The Federalist Papers – persuasive essays to explain why the new Constitution can be effective and preserve personal liberty

47 Federalists vs. Anti-Federalists ► Famous Anti- Federalists: Patrick Henry, Richard Henry Lee, Samuel Adams, John Hancock

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