Origins of American Government Chapter 2

Chapter 2: Objectives 1. Our Political Beginnings : Common Law traditions, landmark documents, colonial governments & English Bill of Rights. 2. The Coming of Independence : 13 colonies, 1 st & 2 nd Continental Congress, Declaration of Independence,& State Constitutions. 3. The Critical Period : Articles of Confederation (strengths & weaknesses), Constitutional Convention. 4. Creating the Constitution : Plans and Compromises 5. Ratifying the Constitution : Federalists & Anti-Federalists,

Basic Concepts of Constitutional Government 1.LIMITED GOVERNMENT: Explain concept. 2.Ordered Government 3.Representative Government –1215: MAGNA CARTA: The Great Charter: King John 1.Protection of Life, Liberty, Property—5 th amend. 2.No taxes without consent: Art. I Sect. 9 cl. 4 3.Jury Trial (6 th & 7 th amendments) -1628: Petition of Rights: Charles I: - Limited Taxing power, No Martial Law in time of peace, no quartering authority

The People Revolt

Petition of Rights 2.No imprisonment without cause: 4 th, 5 th amendments, Article I section 9 clauses 2 & 3 3. No quartering of Soldiers: 3 rd amendment 4.No Martial Law: Art. I sect 9 clauses 2 & : Harry Truman ,1941: FDR : W. Wilson

No Martial Law

English Bill of Rights : William & Mary of Orange crowned. Why? 2.Glorious Revolution… 1689: Parliament created the English Bill of Rights 1.Fair Trials 2.No excessive bails or punishments 3.Right of petition 4.Tax revenue to be spent on the PEOPLE.

Rights are never absolute

The English Colonies 1.Royal Colonies: Subjects of the crown: Governor appointed, legislature appointed, courts appointed, only property owners voted. 2.Proprietary Colonies: Individual grants of land (politics). Lord Baltimore granted Maryland. William Penn granted Pennsylvania & Delaware. Governmental system appointed by the King or Proprietor. 3.Charter Colonies: Self-governing (Rhode Island, Connecticut). Model for the U.S. Constitution.

The Colonial Background  “Separatists”; 1620; Mayflower Compact 1.Religious Freedom: Church of England? 2.Two-fold Significance: Rule of Law based upon consent, popular sovereignty  Other Colonies: 1.A concept of limited government 2.Self-government 3.Protection of individual rights

Early Constitutions & Concepts 1.Mayflower Compact: Fundamental Orders of Connecticut: Virginia House of Burgesses: 1619  Ordered Government: Explain  Limited Government: Explain  Representative Government: Explain  Landowners vote?: Explain

The Coming of Independence 1. Britain tightens control and increases taxes: 1.“ No taxation without representation ” 2.“ No representation without taxation ? ” Explain : 7 Years War: Proclamation of 1763 and new Taxes. 4.The Albany Plan (Ben Franklin): 1754; trade problems with Indians & French (unified militia to defend trade rights) 1.Stamp Act: 1765: 1 st direct tax on colonies 2. Stamp Act Congress: 1765 boycott—1770 Boston Massacre: Declaration of Rights & Grievances sent to the King. 3. Boston Tea Party: 1774: Mob riots and violence towards British goods.

No taxation without representation

British Restrictions Revolutionary War: 1760 ’ s Revolutionary War: 1760 ’ s 1. Taxes without consent (Representatives) a. 1764: Sugar Act b. 1765: Stamp Act: Stamp Act Congress created 1765 c. Duties on: glass, paint, lead 1767: Boycotts of British goods, Boston Tea Party d Coercive Acts: Intolerable Acts

The Coming of Independence 3. King George responds: Boston Massacre 1770; tax on tea, sugar, paper, glass --Samuel Adams & Sons of Liberty 1773 Boston Tea Party & Committees of Correspondence 4. King George responds: Intolerable Acts granted King power to pass “ any law which shall be necessary and proper ” 5. Colonies Respond: Stamp Act Congress 1765

The Coming of Independence : 1 st Continental Congress: to list and discuss grievances with King George ****Embargo of British goods : “ shot heard around the world ” Lexington and Concord. War Begins a. John Hancock (President) & George Washington (Commander of Army) : 2 nd Continental Congress:

The Coming of Independence : 2 nd Continental Congress a. Thomas Paine: Common Sense b. Thomas Jefferson: Declaration of Independence 1776 ***** Nation ’ s first national government 9. Articles of Confederation: 1781

Agreement to Rebel

First State Constitutions  4 Common Features: 1.Popular Sovereignty: ? 2.Limited Government: ? 3.Civil Liberties: ? 4.Separation of Powers/Checks and Balances: ? --Where did the National Congress receive ideas for a new government?

Declaration of Independence Points of notable interest: 1. Natural Rights 2. Unalienable Rights 3. Free from despotism 4. Free from tyranny 5. Right to rebel READ: List of grievances (27)

List of Grievances (Complaints) 1. Refuses to follow law. 2. Forbidden Governors to pass laws. 3. Bureaucratic bribery to execute laws. 4. Executive Agreements. 5. Refused to enforce laws. 6. Corrupt elections and voting procedures. 7. Obstructing the laws of naturalization. 8. Created non-jury court proceedings. 9. Erected a multitude of new bureaucratic offices. 10. Created standing armies and instituted martial law.

List of Grievances (Complaints) 11. Commands the military independent of civil power. 12. Foreign wars without declaration of the people. 13. Quartering large bodies of armed troops among us. 14. Diplomatic and Foreign immunity. 15. Cutting off trade with all parts of the world. 16. For imposing TAXES on us without our consent. 17. Depriving us of trial by jury (FISA) 18. Undeclared wars and UN Charter enforcement. 19. Abolishing English Law and founding documents

List of Grievances (Complaints) 20. Altering the fundamental forms of our government 21. Suspending our laws through bureaucratic power. 22. Waging war against our people (drug war). 23. Transporting large bodies of mercenaries to complete tyranny and death. 24. Constrained fellow citizens to bear Arms against their country. 25. Created domestic insurrections amongst us.

Articles of Confederation “a firm league of friendship” Confederal System Powers of Articles: ? Weaknesses of Articles: ? Daniel Shay’s Rebellion: ? Taxachusetts (Massachusetts)**********************

Shay’s Rebellion: 2013

Weaknesses of Articles 1. Could not demand Taxes 2. Laws required ¾ consent from states 3. Amendments must be unanimous 4. No paid military 5. No President 6. No Monetary System

Shay ’ s Rebellion ******************************* ***** States taxed each others goods, refused to trade, put debtors in prison, economic depression, banks calling in loans early. Massachusetts: 1786 Daniel Shay and farmers march to courthouse to aid debtors from prison sentences. Attacked federal arsenal. John Jay and Thomas Jefferson: “Threat to Liberty”

Creating the Constitution  Federalists:  Lawyers Bankers  Merchants  Supporters of New Government  Hamilton, Madison, Randolph  Anti-Federalists:  Farmers  Laborers  Opponents of New Government  Jefferson, Franklin, Henry, Adams

Did the Majority Support the Constitution?  1913: Charles Beard: An Economic Interpretation of the Constitution of the United States ( ’s) 1. Favored wealthy property owners. 2. Protection of property rights. 3. Undemocratic process. 4. Lessens democratic voices in gov’t. 5. No democratic vote for constitution.

Drafting the Constitution  Philadelphia, May 1787 (secret meeting)  Who Were the Delegates? 1. Legal Profession, physicians, businesspersons, plantation owners, Governors, 50% college graduates  How did these personalities change the belief about ‘consent’ and limited government?

Factions among the Delegates 1. Strong Nationalists: big national government. A. Hamilton, J. Madison 2. Confederation supporters: G. Washington, Ben Franklin, status quo.  Nationalists distrusted “common man”, and democracy…Why? Shay’s Rebellion

Constitutional Compromises James Madison—father of Constitution Worked in secret—Why? Who?  Virginia Plan: (Madison), 3 branches, bicameral, representation based upon state population; force state to obey national laws; states guaranteed a republican form of government

Constitutional Compromises 2. New Jersey Plan: unicameral congress; equal representation; limited power to tax and regulate trade between states; 3. Connecticut Compromise: “Great Compromise”; bicameral; Upper Chamber or Senate (equal representation); Lower Chamber or House of Representatives (popular representation)

Constitutional Compromises 4. 3/5ths Compromise: 3/5ths of slaves could be counted (other persons) but would pay taxes on them. 13 th amendment ended “other persons” 5. Commerce and Slave Trade Compromise: No export taxes; 20 year right to trade slaves (1808) Article V

Explain both sides:

3/5ths Compromise  Issue of Slavery: 1808 Article V;  Export Taxes: Article I, section 9, clauses 5 & 6 Read: page 66 Civil War: 1860 Why did South Carolina secede from the Union? Why did Abe Lincoln wait until 1863 to sign the Emancipation Proclamation? Why did he not free slaves in Northern states? Why did he wait until 1863 to use African Americans in the Union military? Civil War: 1860 Why did South Carolina secede from the Union? Why did Abe Lincoln wait until 1863 to sign the Emancipation Proclamation? Why did he not free slaves in Northern states? Why did he wait until 1863 to use African Americans in the Union military?

Sources of the Constitution 1 Ancient Greece & Rome 2 William Blackstone’s: Commentaries on the Laws of England 3 Baron de Montesqueiu’s: The Spirit of the Laws 4 Jean Jacques Rousseau’s: Social Contract 5 John Locke’s: Two Treatises of Government

Federalists vs. Anti-Federalists  Patrick Henry: “ I look upon that paper as the most fatal plan that could possibly be conceived to enslave a free people ”  Opposed: Richard Henry Lee, George Mason, Patrick Henry, James Monroe, Thomas Jefferson  Supporters: James Madison, Alexander Hamilton, George Washington, John Marshall, Edmund Randolph

Did Malcolm X “re-quote” Henry?

Federalists vs Anti-Federalists  Federalist #10  Federalist #51  Federalist #78  Anti-Federalist Responses

The Madisonian Model  SEPARATION OF POWERS**********  To prevent Tyranny of the majority or minority.  No one branch could dominate the other  CHECKS AND BALANCES************  3 Branches with 3 distinct duties  Baron de Montesquieu: The Spirit of the Laws 1748 **********************

Meaning?

Electoral College  Why was it created?  Separation of Powers between Congress and the Presidency.  Can a President win the Electoral vote and lose the Popular Vote? G.W. Bush-Al Gore, 2000, G. Cleveland-B. Harrison (1888), S Tilden-R. Hayes (1876), A. Jackson- JQ Adams (1824)

The Final Document 1. Popular sovereignty 2. Republican government 3. Limited government 4. Separation of Powers 5. Federal System, State ’ s Rights

The Bill of Rights  “ A Bill of Limits ” on government!  200 suggestions narrowed down to 10.  Review the Bill of Rights and prepare for a Bill of Rights Quiz….  List one Informal Law or Executive Action or Judicial Interpretation that negates that right within the Bill of Rights.