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Origins of American Government
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English colonist brought three main concepts:
The need for an ordered social system, or government. Two major British ideals influence American Democracy: The idea of limited government, that is, that government should not be all-powerful. The concept of representative government—a government that serves the will of the people. Bicameral house of Parliament is born – House of Lords and House of Commons (Petition of Rights and EBoR)
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The way our government works today can be traced to important documents in history:
Clearly establishes that the monarchy could not rule without consent from Parliament Establishes the rule of law. Also laid foundation for a govt. That serves the public good
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Petition of Rights Limits the ability of the monarch to act on his sole authority No illegal imprisonment No forcing citizens to house soldiers in their homes No establishing military rule in times of peace Forces the Public Good – representative body had placed restrictions on the monarch’s power – people gain a voice!! *Charles beheaded in 1649 over conflict with Parliament, James II succeeded in 1685, forced from throne by William and Mary who sign EBoR before being allowed to take throne.
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There were three types of colonies in North America: royal, proprietary, and charter.
The royal colonies were ruled directly by the English monarchy.(ex: Virginia) The King granted land to people in North America, who then formed proprietary colonies. Put under the persons (proprietors) direct control. The charter colonies (corporate colonies)were mostly self-governed, and their charters were granted to the colonists. (ex: Connecticut and Rhode Island)
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British Colonial Policies
Until the mid-1700s, the colonies were allowed a great deal of freedom in their governments by the English monarchy. In 1760, King George III imposed new taxes and laws on the colonists. The colonists started a confederation, proposed an annual congress, and began to rebel.
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Growing Colonial Unity
Obstacles to Unity Varying reasons for settling in America, not enough unity Economies and geography differed Early Attempts In 1643, several New England settlements formed the New England Confederation. – formed to work together to defend against common enemies. Confederation was weak (one vote could stop an action) A confederation is a joining of several groups for a common purpose.
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Growing Colonial Unity
The Albany Plan In 1754, Benjamin Franklin proposed the Albany Plan of Union, in which an annual congress of delegates (representatives) from each of the 13 colonies would be formed. Created to protect against possible attacks from French and Indian forces Council could levy taxes and raise an army, and regulate trade with American Indians Was never accepted by colonial and British governments
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Growing Colonial Unity – British Policies
* The colonies had been growing distant from the authority of the crown. Britain was not pleased The Stamp Act Congress – growing debt from The Seven Years War, forces the crown to seek income sources. Colonial Reaction: In 1765, a group of colonies sent delegates to the Stamp Act Congress in New York. These delegates prepared the Declaration of Rights and Grievances against British policies and sent it to the king. Boycotts of British goods, Parliament overturns Stamp Act, but enacts others – Boston Massacre 1770 Sam Adams – Committees of Correspondence – Boston Tea Party 1774 – Britain passes the “Intolerable Acts” – tightens control
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The Continental Congresses
First Continental Congress – 1774 Philadelphia 12 of 13 colonies send delegates. The Congress protested British policies The colonists sent a Declaration of Rights to King George III. The delegates urged each of the colonies to refuse all trade with England until British tax and trade regulations were repealed, or recalled. Britain responds with even harsher controls over colonies
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The Continental Congresses
Second Continental Congress In 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia. The Second Continental Congress served as the first government of the United States from 1776 to 1781.
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American Independence
On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence. Written by a committee of five men: Thomas Jefferson, Robert Livingston, John, Adams, Roger Sherman, and Benjamin Franklin John Locke influences Jefferson’s “unalienable rights” Between 1776 and 1777, most of the States adopted constitutions instead of charters.
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State Governments Even before the DoI, many states had adopted their own constitutions. They were very similar in a number of ways Structure: limited government, regular elections (representative governments), bicameral legislature (Penn = unicameral), limited power of governors Rights: protect individual rights (follow example of EBoR), expanding voting rights
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Common Features of State Constitutions
Civil Rights and Liberties Popular Sovereignty Limited Government Separation of Powers and Checks and Balances The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign. The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions. In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people. The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government.
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Articles of Confederation
Approved November 15, 1777 Est. “a firm league of friendship” between the states Needed the ratification of the 13 states March 1, 1781 Second Continental Congress declared the Articles effective
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Articles of Confederation
Powers of Congress: Make war and peace Send and receive ambassadors Make treaties Borrow money Set up a money system Est. post offices Build a navy Raise an army by asking the states for troops Fix uniform standards of weights and measures Settle disputes amoung the states
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Articles of Confederation
States Obligations: Pledge to obey the Articles and Acts of the Congress Provide the funds and troops requested by the congress Treat citizens of other states fairly and equally Give full faith and credit to public acts, records, and judicial proceedings Submit disputes to congress for settlement Allow open travel and trade b/w and among states Primarily responsible for protecting life and property Accountable for promoting the general welfare of the people
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Weaknesses of the Articles
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Articles of Confederation
Weakness leads to the demise Our first constitution States refuse to give too much power to a central government Think of kids running a household and parents not being able to do anything
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Critical Period, the 1780’s Problems included Shay’s Rebellion
Central government who could not act States entering into treaties States taxing on goods and banning trade Debts, public and private were unpaid Shay’s Rebellion Farmers were losing their land Shut down courts Led and attack on Federal arsenal Mass. State legislature eases the burden of debtors
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A meeting in Philadelphia
Mid-February of 1787 Seven states name delegates Delaware, Georgia, New Hampshire, New Jersey, North Carolina, Pennsylvania, and Virginia A meeting: Constitutional Convention
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Framers of the Convention
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Father of the Constitution
James Madison: Kept detail records of the convention Conventions Floor leader Contributed more to the constitution than any other Full body settled all questions
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Virginia Plan New Jersey Plan Executive Branch Strong exec who is chosen by legislature and carries out laws made by legislature Weak exec controlled by legislature Legislative Branch Bicameral Membership based on state size First house elected by people Second house elected by first house from among candidates nominated by states Strong unicameral legislature Each state represented equally with one vote apiece Representatives chosen by state legislatures Judicial Branch A judiciary that includes a supreme court and lower courts and is elected by legislature A supreme court with justices named by legislature Powers of National Govt. To levy taxes To make national laws To regulate trade
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The Compromises Connecticut Compromise
Two houses Senate – equal representation House – proportional representation Combination of Virginia and New Jersey plans AKA: The Great Compromise
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The Compromises Three-Fifths Compromise Should Slaves be counted?
Split North v South All “free person’s” will be counted; 3/5 of all other persons Southerners could count slaves but had to pay taxes on them
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The Compromises The Commerce and Slave Trade Compromises
Congress = power to regulate foreign and interstate trade Scared southerners Congress: forbidden the power to tax the export of goods from any state Could not act on the slave trade for 20 years
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Ratifying the Constitution
Anti-Federalists objected to the Constitution for including the strong central government the lack of a bill of rights. Patrick Henry, John Hancock, Samuel Adams Federalists Articles of Confederation were weak argued for the ratification of the Constitution. James Madison Alexander Hamilton Last compromise involved the Bill of Rights. Antifeds wanted to have a “protective shield” from the central government
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The Federalist Papers
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The Federalist Papers Series of newspaper articles written in support of Const. ( ) Written anonymously by Alexander Hamilton James Madison John Jay 85 articles total
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YES! Federalist 10 (Madison)
who has more rights: the individual or the group? can democracy exist in a large country? 3. how do we prevent one faction (group) from controlling country? people do not have the same interests YES! HR R S D D
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Federalist 51 (Madison) divide power, create separate branches of gov’t each branch should be independent of others legislative branch should be strongest – WHY?
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Federalist 78 (Hamilton)
addressed worries over unelected judiciary not directly responsible to people Congress makes laws pres. enforces laws, controls military judiciary would be weakest, dependent upon pres and Congress to enforce decisions
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Anti-Federalist Papers
85 articles, written parallel to Federalist Papers Adoption of Const will lead to war between states (7) Stronger gov’t threatened states’ rights (17) Army may turn on people (24-25) No Bill of Rights to protect people (84)
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The Constitution is Ratified
Nine States ratified the Constitution by June 21, 1788, but the new government needed the ratification of the large States of New York and Virginia. Great debates were held in both States, with Virginia ratifying the Constitution June 25, 1788.
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Inaugurating the Government
The new Congress met for the first time on March 4, 1789. Congress finally attained a quorum (majority) on April 6 and counted the electoral votes. Congress found that George Washington had been unanimously elected President. He was inaugurated on April 30.
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