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Chapter 2: Notes American Government.

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1 Chapter 2: Notes American Government

2 Magna Carta Also known as The Great Charter – signed in 1215.
A group of barons forced King John to sign the Magna Carta. The barons were seeking a way to protect themselves from heavy taxes and arbitrary actions of the King. The Magna Carta included fundamental rights such as trial by jury and due process of law, protection from arbitrary taking of life, liberty or property. The Magna Carta established the principle that the power of the monarchy is not absolute.

3 Petition of Right The Petition of Right limited the king’s power in several ways. Parliament created the Petition of Right in 1628 – they forced King Charles I to sign it hen he asked Parliament to approve more money for taxes. The document demanded that the king no longer imprison or punish any person but by the lawful judgment of his peers or by the law of the land. It also insisted that the king not impose martial law (rule by the military) in time of peace, or require homeowners to shelter the king’s troops without the homeowner’s consent. The Petition of Right challenged the theory of divine right of kings declaring that even a king must obey the laws of the land.

4 English Bill of Rights 1689 – to prevent abuse of power by William and Mary and all future monarchs, Parliament in 1689 drew up a list of provisions to which William and Mary had to agree. The English Bill of Rights prohibited a standing army in peacetime, except with the consent of Parliament, and required that all parliamentary elections be free. It also included such guarantees as right to a fair trial and freedom from excessive bail and from cruel and unusual punishment.

5 13 Colonies Charter Colonies – Connecticut and Rhode Island
Royal Colonies – New Hampshire, Massachusetts, New York, New Jersey, Virginia, North Carolina, South Carolina, and Georgia Proprietary Colonies – Maryland, Pennsylvania, and Delaware

6 The Stamp Act Parliament had passed a number of new laws, among them the Stamp Act of The law required the use of stamps on all legal documents, on certain business agreements, and on newspapers. The new taxes were very expensive, and the people rebelled. A group gathered in New York and prepared a complaint against the new British policies. It was sent to the king. Parliament repealed the Stamp Act but tensions continued to mount. In 1770, British troops fired on a crowd in Boston, killing 5 – this was known as the Boston Massacre. In 1773, the famous Boston Tea Party took place. A group of men, disguised as Native Americans, boarded 3 British ships in Boston Harbor and dumped cargo into the sea to protest British control of the tea trade.

7 First Continental Congress
September 5, 1774 – delegates from every colony except Georgia sent delegates to Philadelphia. This was the result of another act imposed upon the colonists by Britain that was intended to punish the colonists for the troubles in Boston. The meeting of the First Continental Congress lasted nearly 2 months. The delegates called for all colonies to refuse trade with England until the taxes and trade regulations were repealed.

8 Second Continental Congress
Convened on May 10, 1775, in Philadelphia Each of the 13 colonies sent representatives. John Hancock was chosen as President of the Congress. A continental army was created, and George Washington was appointed its commander in chief. The second continental congress became the nation’s first national government and served as the first government for 5 years (from signing of Declaration of Independence on July 4, 1776, until the Articles of Confederation went into effect on March 1, 1781.

9 Declaration of Independence & Articles of Confederation
Written primarily by Thomas Jefferson Adopted on July 4, 1776 – it proclaimed the existence of a new nation 56 men signed the Declaration of Independence In November 15, 1777, the delegates approved a formal plan for government called the Articles of Confederation. States retained sovereignty but were brought together for common defense and security of individual liberties All 13 states had to approve the Articles of Confederation – 11 states agreed within a year (Delaware and Maryland delayed approval). Delaware was the last state to approve on March 1, 1781.

10 Articles of Confederation
Created a simple government A Congress was the sole body created, and it was unicameral. Each state had 1 vote in the Congress. The Articles created NO judicial or executive branch. Each year Congress would choose one of its members as its presiding officer, but note president of the U.S. Under the Articles, Congress had no power to tax or regulate trade between the states. Weaknesses in the Articles created demand for a stronger, more effective national government.

11 Constitutional Convention
Large property owners, merchants, and traders led the efforts to create a stronger national government. May 25, 1787 – first day of the Constitutional Convention in Philadelphia. 12 of 13 states (all but Rhode Island) sent delegates to Philadelphia 55 total delegates attended the convention The Framers met that summer in Philadelphia’s Independence Hall The immediately, and unanimously, elected George Washington as President of the convention.

12 Virginia Plan Virginia was the first state to offer a plan for a new Constitution. It was called the Virginia Plan. Called for 3 separate branches – legislative, executive, and judicial The legislative branch would be bicameral – representation in each house would be based either on population or upon the amount of money the state gave for the support of the central government. House members would be popularly elected in each state Senators would be chosen by the House from lists of persons nominated by the State legislatures. Congress would choose a National Executive and National Judiciary.

13 New Jersey Plan The New Jersey Plan retained a unicameral Congress
States would be equally represented Plural executive chosen by Congress and could be removed by a request from the majority of the states governors.

14 Connecticut Compromise
Congress would be composed of two houses Senate – smaller and all states would be represented equally House – larger and representation would be based on the state’s population The convention’s most serious dispute was solved Often called The Great Compromise

15 Three-Fifths Compromise
Should slaves be counted in the populations of the southern states? Northern states said ‘NO’ and southern states said ‘YES’! All free persons would be counted, and so too would 3/5 of all ‘other persons’ This odd compromise disappeared from the Constitution with the adoption of the 13th Amendment, which abolished slavery in 1865.

16 Federalists vs. Anti-Federalists
In September, 1787, the Constitution was printed, circulated, and debated vigorously in the states. Two groups emerged: Federalists and Anti-Federalists


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