Chapter 2: Origins of American Government Objectives The origins of the American governmental system. The development of that system through the colonial period to the coming of Independence. The Critical Period and the governmental arrangements set up by the Articles of Confederation. The events and processes involved in the creation and adoption of the Constitution of the United States. Background Info. The story of the United States began long before 1776. It started in the mid-1500’s when explorers, traders, and settlers first made their way to North America. North America was dominated by Native Americans and eventually the Europeans. English came in the largest numbers, soon controlled the 13 Colonies that stretched along the Atlantic coast. Chapter 2 Activity Select one of the historical documents mentioned in this chapter. Choose a portion of it that is at least 250 words in length. Then, rewrite that portion of the document in your own words. Be sure that you cover all of the points in the original text and that you do not change the meaning of the text. Chapter 2 Vocabulary 1. 2. 3. 4. 5. 6. 7. 8. Limited government Representative government Magna Carta Petition of Right English Bill of Rights Charter Bicameral Unicameral 9. Albany Plan of Union 10. Boycott 11. Constitution 12. Popular sovereignty 13. Ratification 14. Articles of Confederation 15. Framers 16. Virginia Plan Chapter 2 Vocabulary 17. New Jersey Plan 18. Connecticut Compromise 19. Three-Fifths Compromise 20. Commerce and Slave Trade Compromise 21. Federalists 22. Anti-Federalists 23. Due process 24. Proprietary 25. Confederation 26. Delegate Chapter 2 Section 1: Our Political Beginnings Examine early English concepts of government. Analyze the influences of the Magna Carta, Petition of Right, and English Bill of Rights on American ideas about government and freedom. Compare the structure of royal colony governments to our National Government. What were the basic ideas about government that English colonists brought to America? How did governments first develop in the 13 Colonies? Basic Concepts of Government English political system brought to the U.S. was from the 17th century England. Settlers established customs, laws, and practices. English law borrowed concepts from early river civilizations of Africa and Asia, but the most influential were the Romans. Romans left their direct legacy of laws, religion, and customs to the people. Basic Concepts of Government English brought 3 Ideas to help shape the United States government: ordered government, limited government, and representative government. 1. Ordered Government – orderly regulation of relationships with each other. Created local governments based on those they had in England. Many still found at the local level. Ex) sheriff, coroner, assessor, justice of the peace, the grand jury, counties, townships, etc. Basic Concepts of Government 2. Limited Government – individual has certain rights that the government cannot take away, government has limited power. Began in England with the signing of the Magna Carta in 1215 and will make its way to Jamestown in 1607. 3. Representative Government – government in which public policies are made by officials who are selected by voters. Government should serve the will of the people. Landmark English Documents Magna Carta: “The Great Charter”, signed by King John at Runnymede in 1215. Barons were seeking protections from heavy taxes and skeptical military campaigns. Established that the power of the monarchy was not absolute. Protected fundamental rights, such as trial by jury and due process of law: protection against the arbitrary taking of life, liberty, or property. Originally intended for the privileged, but over time became the rights of all English people. It was respected by some monarchs. Magna Carta Landmark English Documents The Petition of Right: Parliament forced a signing by Charles I. It declared that monarchs must obey the law of the land and challenged idea of kings having divine rights. Monarchs had to use lawful judgment, and could not impose military rule in times of peace. Landmark English Documents English Bill of Rights: drawn up by Parliament in 1689, to prevent abuse of power by English monarchs (William and Mary of Orange) and future monarchs. Prohibited a standing army in a time of peace and required all parliamentary elections be free. Monarch needed support from parliament to do most things. It formed the basis for much in the American government and politics today. Guaranteed right to a speedy trial and freedom from cruel and unusual punishment. Petition of Right English Bill of Rights Government in the Colonies 13 Colonies were established separately over 125 years. First colony, Virginia, settlement of Jamestown in 1607. Last colony, Georgia, settlement of Savannah in 1733. Each colony was created out of a certain set of circumstances. Ex) VA – employees of VA Company, MA – religious freedom 13 Colonies have many similarities because they were all shaped by their English origins. Government in the Colonies Colonies were established on the basis of a charter: written grant of authority from the king. Charters gave colonists or companies a grant of land and some governing rights, while the Crown retained a certain amount of power over the colony. 3 Kinds of colonies: royal, proprietary, and charter. 1. Royal Colonies – subject to direct control of the King. New Hampshire, Massachusetts, New Jersey, New York, Virginia, North Carolina, South Carolina, and Georgia. Government in the Colonies King named a governor and a council in the colonies. The governor was the colony’s chief executive. The council served as an advisory body to the governor. Eventually royal colonies will have two houses (Upper House – governor’s council, Lower House – elected by property owners). Bicameral: two house legislature All laws had to be approved by the governor and King. Power of the purse – power to tax and power to spend. Government in the Colonies 2. Proprietary Colonies: organized by proprietors, persons to whom the king had granted land. By charter the land could be settled and governed as much as the proprietor chose. Governors were appointed by proprietors. 3 Colonies: Pennsylvania, Maryland, Delaware Maryland – granted to Lord Baltimore Pennsylvania and Delaware – granted to William Penn Pennsylvania was unicameral: one house legislature Government in the Colonies 3. Charter Colonies – were largely self-governing and based on charters granted in 1662 and 1663 to colonists themselves. 2 Colonies: Connecticut and Rhode Island – founded by religious dissidents of Massachusetts. Governors: elected each year by white, male property owners in each colony. King’s approval was required, but not often asked. Bicameral legislature: not subject to governor’s veto or the king’s approval. Historians state the Revolution might not have taken place if the other colonies were allowed the same freedom and self-government. Chapter 2 Section 2: The Coming of Independence How did the relationship between the colonies and Great Britain change in the pre-Revolutionary period? For what reason is the Declaration of Independence considered a revolutionary document? What was government like in the newly independent United States? Examine events leading up to the Declaration of Independence through political cartoons and a firsthand account from that era. Royal Control Colonies separately established and separately controlled through the Privy Council and the London Board of Trade. Parliament had little to do with the colonies, administration was left to the King. King was 3,000 miles away, colonial legislatures assumed broad lawmaking powers. Mid-1700’s the relationship between Britain and the colonies became federal. Britain responsible for defense, foreign affairs, uniform system for money and credit, and colonial trade. Royal Control 1760 under King George III, Britain begins to deal with the colonies more firmly. “Taxation without representation” Restrictive trading acts expanded and enforced. New taxes imposed to support British troops in North America. Colonists rejected Parliament’s claim that it had a right to control the colonies’ local affairs. Colonists forced to submit or revolt. King George III Growing Colonial Unity Attempts made to promote cooperation among the colonies. If they wanted to revolt, they would need each other. New England Confederation – “league of friendship” Created in 1643 for defense against Native American tribes Dangers passed and it lost importance and died out in 1684. The Albany Plan of Union – plan put forward by Ben Franklin in 1754. Aimed at uniting the 13 Colonies to discuss problems of colonial trade and danger of attacks by the French and their Native American allies. (Issues: Taxes, military, war, peace, trade) Wanted to create a congress of delegates: representatives from each of the 13 colonies to discuss the matters stated above. It was never enacted. Growing Colonial Unity The Stamp Act Congress – protest of stamp acts enacted by the British on legal documents, newspapers, and business agreements. Delegates were sent to New York from 9 colonies, prepared a protest called the Declaration of Rights and Grievances. Parliament repealed the Stamp Act Boycott: refusal to buy or sell (English goods) Protests multiplied: Boston Massacre – March 5, 1770 Boston Tea Party – December 16, 1773 Boston Massacre Boston Tea Party First Continental Congress September 5, 1774, delegates from every colony except Georgia met in Philadelphia to discuss the Intolerable Acts and the worsening situation with the British. Debated plans for action Sent a Declaration of Rights to King George III Urged colonies to refuse all trade with England All colonies, including Georgia gave their support Delegates would meet again in May First Continental Congress Second Continental Congress May 10, 1775 – Delegates from all colonies met in Philadelphia. British government continued to refuse to compromise Revolution had already begun – Battles of Lexington and Concord New delegate: Benjamin Franklin – Pennsylvania New delegate: John Hancock – Massachusetts Hancock chosen as president of the Congress, continental army organized, George Washington appointed as the commander in chief. John Hancock George Washington Second Continental Congress Became the nation’s first national government. Condemned by the British as an unlawful assembly. Served as government of the U.S. for five years, from Declaration to the Articles of Confederation. Fought a war, raised armies and a navy, borrowed money, bought supplies, created a monetary system, made treaties with foreign powers, etc. Unicameral Congress exercised both legislative and executive powers. Second Continental Congress Declaration of Independence On June 7, 1776, Richard Henry Lee of Virginia, proposed to Congress that the United Colonies should be free and independent States. Committee of 5 chosen to prepare a proclamation of independence: Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Jefferson. July 4, 1776 Declaration of Independence was adopted and announced to the world. Declaration of Independence Almost wholly the work of Thomas Jefferson, and signed by 56 men. First paragraph announces the independence of the United States, from this document the United States of America was born. The 13 Colonies became free and independent States. First State Governments New Hampshire was the first to adopt a constitution to replace its royal charter. By 1777, most of the States adopted written constitutions: bodies of fundamental laws setting out the principles, structures, and processes of their government. Assemblies and conventions used to draft and adopt these documents. Massachusetts constitution of 1780 is the oldest of the present-day State constitutions, and the oldest written in force anywhere in the world today. Common Features of New States 1. Popular Sovereignty: government can exist and function only with the consent of the governed. People hold power, people are sovereign 2. Limited Government powers delegated to government had many restrictions. Common Features of New States 3. Civil Rights and Liberties sovereign people held certain rights that government must respect at all times. 4. Separation of Powers and Checks and Balances powers divided among executive, legislative, and judicial branches. Each branch was given the power to check other branches of government. Most authority in the legislature, held elections. Chapter 2 Section 3: The Critical Period What were the basic provisions and major weaknesses of the Articles of Confederation? For what reasons are the 1780’s known as the Critical Period in American history? What steps led to the Constitutional Convention in 1787? Analyze the issue of land claims by examining a map. The First National Constitution November 15, 1777 – Articles of Confederation approved, written to unite the former colonies. Ratification: formal approval The last state to ratify was Maryland in February of 1781. Articles went into effect on March 1, 1781. The Articles of Confederation established “a firm league of friendship” among the States. Each state kept its sovereignty, freedom, and independence The First National Constitution The States came together for their common defense, the security of liberties, and their mutual and general welfare” A simple government was formed from the Articles – Congress, unicameral, delegates chosen yearly. Each State had one vote in Congress regardless of population or wealth. No executive or judicial branches Powers of Congress: make war and peace, send and receive ambassadors, make treaties, borrow money, raise an army by asking States for troops, etc. The First National Constitution State pledged to obey the Articles and acts of Congress, including: provide funds and troops, treat everyone fairly and equally, surrender fugitives from justice to each other, open and trade and travel between and among the States. Weaknesses: one vote for each State regardless of size, no power to tax, powerless to regulate trade between the States, no national court system, no executives to enforce the acts of Congress, all States needed for amendments, 9/13 majority needed to pass laws. The Critical Period, the 1780’s Weaknesses in the Articles of Confederation, central government unable to act, States bickered among themselves and refused to support the new central government. Economic chaos spread throughout the colonies as prices soared and credit vanished. Debts went unpaid Violence erupted: Ex) Shay’s Rebellion MA Government created by the Articles was not able to deal with the nation’s troubles. The Critical Period, the 1780’s Demand grew for a stronger, more effective national government. Threatened by economic instability: large property owners, merchants, traders, and creditors. These men began to lead the way for change in 1785. The Critical Period, the 1780’s “We are one nation today and 13 tomorrow. Who will treat with us on such terms” – G. Washington The Meetings at Mount Vernon and Annapolis Maryland and Virginia first to take steps for change. Held conference for their trade problems in Alexandria, VA in March 1785. George Washington invited them to meet at his home in Mount Vernon. Negotiations were successful and called for “a joint meeting of all States to recommend a federal plan for regulating commerce” The Meetings at Mount Vernon and Annapolis Joint meeting opened in Annapolis, MD on Sept. 11, 1786. Representative from 5 of the 13 States attended and called for another meeting of the States in Philadelphia. By February of 1787, 7 States had named delegates for the Philadelphia meeting. The Meetings at Mount Vernon and Annapolis Congress called upon the other States to send delegates, “for the sole and express purpose of revising the Articles of Confederation….” Philadelphia meeting became known as the Constitutional Convention. Chapter 2 Section 4: Creating the Constitution How was the Constitution written? For what reasons, where compromises necessary? What major compromises were involved? Use primary and secondary sources to evaluate the major compromises made at the Constitutional Convention. The Framers 12 of the 13 States sent delegates to Philadelphia. Rhode Island was the exception. 74 men were chosen as delegates, but only 55 were able to attend the meeting in Philadelphia. These men came from an array backgrounds, including: wealth and prestige, public experience, war veterans of the Revolution, members of the Continental Congress, signers of the Declaration of Independence, etc. G. Washington, J. Madison, G. Mason, R. Morris, and many more were the framers of the Constitution. “The most wonderful work ever struck off at a given time by the brain and purpose of man” – William E. Gladstone The Framers The average age of the delegates was only 42, and nearly half were only in their 30’s. Ben Franklin was the oldest at 81. George Washington, 55, was one of the few older members who played a key role at the meetings. Several famous men of the Revolutionary Period did not attend these meetings in Philadelphia: Patrick Henry, Samuel Adams, John Hancock, Richard Henry Lee, Thomas Paine, Thomas Jefferson, and John Adams. Organization and Procedure Delegates met in Independence Hall in Philadelphia. Unanimously elected George Washington as president. A majority of the States would be needed to conduct business, each State delegate would have one vote, and a majority would carry any proposal. Rule of secrecy needed by delegates because of public attention and speculation. Convention’s Journal kept by secretary, William Jackson, but not always accurate. Organization and Procedure Several delegates kept their own records: James Madison’s Notes were knowledgeable accurate records, delegates held him in great respect. Madison contributed the most to the Constitution. Madison earned the title, “Father of the Constitution” Delegates met on 89 of the 116 days, from May 25th to September 17th. Almost all questions answered as a full body on the floor. The Decision to Write a New Constitution Philadelphia Convention held to revise the Articles of Confederation, but they ended up creating a new document. Edmund Randolph of Virginia proposed, “that a national Government ought to be established consisting of supreme Legislative, Executive, and Judiciary.” Edmund Randolph The Virginia Plan Virginia Plan: called for a new government with three separate branches, legislative, executive, and judicial. Legislative branch would be bicameral. Representation based on population or amount of money given for the support of the central government. House of Representatives based on population, the Senate chosen by the House from list of nominees. Smaller states: New York, New Jersey, Delaware, etc. presented opposition to the Virginia Plan. James Madison The New Jersey Plan New Jersey Plan: differed in how States should be represented in Congress. Wanted a unicameral Congress with each of the States equally represented. Congress would have a limited power to tax and regulate trade in between states. Wanted several people to run the federal executive. William Paterson The Connecticut Compromise Connecticut Compromise: compromise suggested Congress should be composed of two houses. Senate – states would be represented equally. House – representation based on population. Often called the “Great Compromise” Convention’s most serious dispute was resolved. The Three-Fifths Compromise Debate over whether or not slaves should count in the population of the southern States. Three-Fifths Compromise: all “free persons” should be counted, and “so should 3/5 of all other persons”, meaning slaves counted as 3/5 of a person. 3/5 Compromise disappeared from the Constitution in 1865, along with slavery, with the 13th Amendment. The Commerce and Slave Trade Compromise Convention agreed that Congress had the power to regulate foreign and interstate trade. Southerners worried that this would be a problem, especially export duties possibly on tobacco. Also, feared that Congress would interfere with the slave trade. Commerce and Slave Trade Compromise: Congress forbidden to tax export goods from any State. Also, could not act on the slave trade for at least 20 years. Sources of the Constitution The Framers were well-educated. Ancient writings from Greece and Rome, and contemporary Great Britain and Europe. Political writings: Commentaries on the Laws of England (William Blackstone), The Spirit of the Law (Baron de Montesquieu), Social Contract (Jean Jacque Rousseau), The Treatises of Government (John Locke), and many others. Also drew on own experiences, Second Continental Congress, Articles of Confederation, and State govn’t. The Convention Completes Its Work September 17, 1787 – Delegates at the convention approved the work and 39 names were placed on the document. On Benjamin Franklin’s motion the United States Constitution was signed. 41 delegates were present that day, but 3 refused to sign: Edmund Randolph and George Mason(VA), Elbridge Gerry (MA). George Mason opposed the Constitution until his death in 1792. Chapter 2 Section 5: Ratifying the Constitution What were the Anti-Federalists objections to the ratification of the Constitution ? How was the Constitution ratified? Analyze the positions of the Federalists and the AntiFederalists, using primary sources. Ratification 9 of 13 States were needed to make changes to the document. The Constitution was sent to the States on September 28, 1787. The Constitution was printed, circulated, and debated. Two groups emerged: Federalists and Anti-Federalists. Federalists: favored ratification. Anti-Federalists: opposed ratification. Ratification Federalists were led by those who attended the Philadelphia Convention. Federalists - most active were James Madison and Alexander Hamilton. Stressed the weaknesses of the Articles. Argued that difficulties could be overcome by a new government based on the proposed Constitution. Ratification Anti-Federalists – Patrick Henry, Richard Henry Lee, John Hancock, and Samuel Adams. Objected to ratification process, absence of any mention of God, denial to States to print money, greatly increased powers of the central government, and the lack of a bill of rights (freedom of speech, press, religion, and rights to a fair trial). Ratification Federalists eventually win, but Virginia and New York ratification was needed if the new government would have any success. Virginia held brilliant debates, George Washington’s support to Madison proved vital in getting VA to ratify the Constitution. New York ratified after a long battle, The Federalist emerged as a remarkable campaign document. It was composed of 85 essays written in favor of the Constitution by James Madison, Alexander Hamilton, and John Jay. Excellent commentary and among best political writings. Inauguration of the New Government 11 of 13 States ratified the Constitution. New York chosen as the temporary capital. George Washington elected president by a unanimous vote, John Adams elected vice president with a substantial majority. April 30, 1789 after a historic trip from Mount Vernon to New York, Washington took the oath of office as the first President of the United States. President Vice President