ORIGINS AND PURPOSES OF LAW AND
GOVERNMENT
Influences on American Government
The most important documents in American history—the Declaration of Independence,
the Constitution, and the Bill of Rights—were influenced by the Enlightenment and by
other documents from history. Below is a lesson discussing these philosophies and
documents.
The Enlightenment
The Age of Enlightenment refers to the time period from the mid-1600s to about
1800. Also known as the Age of Reason, people began to place emphasis on reason
and logic. These ideas grew in importance particularly in the fields of science, politics,
and social theories. Enlightenment ideas embraced individualism, or the idea that
each individual has value, deserves dignity, and is born with natural rights. They also
encouraged rationalism—the idea that humans should find truth through reason and
logic. Free speech and tolerance for other ways of life also became important ideas
during this time.
Influencing the Declaration of Independence
"We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the governed, That
whenever any Form of Government becomes destructive of these ends, it is the Right of
the People to alter or to abolish it, and to institute new Government, laying its foundation
on such principles and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness."
The Declaration of Independence was drafted with the purpose of announcing and
justifying the separation of the American colonies from Great Britain. The Declaration of
Independence reflects many Enlightenment principles, including:

Everyone has natural rights (life, liberty, and the pursuit of happiness).

The government cannot take away certain rights.

The government gets its power from the people through the "consent of the governed."

It is the job of government to ensure the people's safety and happiness.

Logical appeals to justice and reason should be considered.
John Locke
Some of the principles of the declaration have their origins in the philosophy of John
Locke, a noted Enlightenment thinker who wrote that people were born with natural
rights to life, liberty (freedom), and property. Locke argued that if a government does
not protect those rights, the citizens have the right or even the obligation to overthrow
the government. Also important in John Locke's writing was the idea of the "social
contract." The social contract between government and the people requires individuals
to give up some rights (such as privacy) in order to have other rights (like safety)
protected by law.
Common Sense
The declaration also used language from Thomas Paine's pamphlet, Common
Sense, which attacked the wrongdoings of the English monarchy. Paine argued that it
was in the colonies' best interest to separate from England. It, along with Paine's other
writings, had a great influence on the American colonies. Its language served as one of
the origins of both the Declaration of Independence and the Constitution, but it was
more narrowly focused on attacking England and the king.
Influencing the Constitution
The United States Constitution was heavily influenced by many Enlightenment
ideals and demonstrates these principles through the way it organizes the government.
For example:

The constitution divides the government into three branches: the judicial branch, the
executive branch, and legislative branch. The responsibilities and power of governing
is divided among the branches of government in order to keep one branch from
becoming too powerful. Similarly, each branch has the ability to check the power of the
other branches. The ideas of separation of powers and checks and balances were
advocated by Charles Montesquieu's Spirit of the Laws.

The constitution also sets limits on government power and gives political power to the
people by allowing them to elect government officials. This idea is known as limited
government.

Support for equality and individualism encouraged the growth of the rule of law, which
is a democratic principle that all members of society are bound by the same laws.
Magna Carta
Signed in 1215 in England, the Magna Carta was the first expression of the principle
that leaders, even kings, are not above the law. The charter established that
governments must obey the law when dealing with citizens. One of its enduring
concepts is the right to a speedy trial. The Magna Carta set a precedent for written laws
and served as a model for later documents such as the U.S. Constitution, the
Declaration of Independence, and the English Bill of Rights.
Mayflower Compact
The Mayflower Compact was written in 1620 by a group of Pilgrim settlers. The
Compact established a "social contract" between the settlers and their early
government, forming the basis for the concept of "consent of the governed" in the U.S.
Constitution.
Montesquieu's Spirit of the Laws
Montesquieu's Spirit of the Laws influenced the separation of powers between the
executive, legislative, and judicial branches of government. He felt this was the best
way to protect citizens from a tyrannical government.
English Bill of Rights
Created in 1689, the English Bill of Rights served as a model for the United States
Bill of Rights. They share several principles, including the right to bear arms, freedom of
speech, and freedom from cruel and unusual punishment. Patrick Henry, a leading AntiFederalist, was very influential in the adoption of the U.S. Bill of Rights.
Colonial Grievances and Declaration
of Independence
In the years before the American Revolution, the British began to take a more active
role in governing the American colonies. Prior to this period, the British had allowed the
colonies to unofficially govern themselves. The French and Indian War, however, had
been quite expensive for the British, and they had large war debts that they needed to
repay. The British thought that the colonists should help pay for the war expenses and
began passing new taxes and laws. These new measures caused a great deal of unrest
in the colonies, which eventually led to the drafting of the Declaration of Independence
and the outbreak of the Revolutionary War. Below are some of the events that
increased the colonists' desire to separate from Great Britain.
Proclamation of 1763
Following the British acquisition of French territory in North America after the French
and Indian War, King George III issued the Proclamation of 1763. This proclamation
was meant to appease the Native Americans living in the newly acquired territories and
prohibited American colonists from moving west of the Appalachian Mountains. This
restriction angered many colonists who believed they should be allowed to settle the
newly acquired lands.
Stamp Act
In 1765, Parliament passed the Stamp Act, requiring colonists to use specially
stamped paper for all official documents, newspapers, and pamphlets. This event, along
with the passage of the Sugar Act and the Currency Act, angered many colonists who
regarded these new laws as a way for the British government to try and raise their
revenues at the expense of the colonists without the consent of the colonial assemblies.
Riots broke out in colonial cities, and American merchants pledged not to buy British
goods. Parliament repealed the Stamp Act in March 1766, yielding to the demands of
economically depressed British merchants.
Boston Massacre
In the time period following the French and Indian War, Boston became the center of
colonial resistance. As tensions mounted, the British sent troops to the area in an
attempt to keep order and protect their interests. In 1770, a group of civilians started a
riot outside of the Old State House. Soldiers stationed at the building fired into the
crowd and killed five people. This incident became known as the Boston Massacre.
Following the Boston Massacre, the British felt that the American colonists greatly
exaggerated the details of the incident and were especially upset at how the event was
depicted in the colonies. They felt that images like Paul Revere's engraving (above)
were simply propaganda used by the colonists to increase support for the independence
movement.
Boston Tea Party
In 1773, Parliament passed the Tea Act, allowing the British East India Company to
sell tea directly to the colonies without paying taxes. This measure left colonial
merchants at a huge disadvantage because of other tea taxes in place from older laws.
As a result, the colonists refused to buy English tea and would not permit British ships
to unload it in Philadelphia and New York City. In Boston, in the incident known as the
Boston Tea Party, a group of colonists dressed as Mohawk Indians dumped cargoes of
tea from British ships into Boston Harbor. When the government of Boston refused to
pay for the tea, the British closed the port.
Intolerable Acts
After the Boston Tea Party, the British Parliament passed a series of laws that the
colonists dubbed the Intolerable Acts:

The Boston Port Act was the first of the Intolerable Acts. It closed the port of Boston
until the colonists paid for the tea they had destroyed in the Boston Tea Party.

The Administration of Justice Act allowed the governor of Massachusetts to change the
location of a trial for royal officials to another colony or even to Great Britain. This
measure was taken because British officials feared they would not receive a fair trial if
their case was tried in Massachusetts.

The Massachusetts Government Act put the government of Massachusetts under the
control of the royal governor. The colonial legislature was no longer allowed to meet,
and town meetings were limited to one per year.

The Quartering Act required the colonists to provide housing for British soldiers.
Colonial Grievances and Declaration
of Independence
The Declaration of Independence was adopted by the Second Continental Congress
on July 4, 1776. This document announced that the 13 American colonies were free,
independent states and no longer a part of the British Empire.
Second Continental Congress
The Second Continental Congress met in Philadelphia in 1776 to create a document
that would declare the freedom of the thirteen colonies from Great Britain. The
Congress assigned a five-person committee—Benjamin Franklin, Thomas Jefferson,
John Adams, Robert Livingston, and Roger Sherman—to work on the Declaration of
Independence. Thomas Jefferson was responsible for writing the first draft of the
declaration. This draft was edited by the Congress and was adopted on July 4, 1776.
Declaring Rights
"We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the governed, That
whenever any Form of Government becomes destructive of these ends, it is the Right of
the People to alter or to abolish it, and to institute new Government, laying its foundation
on such principles and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness."
The declaration was drafted with the purpose of justifying the separation of the
colonies from Great Britain. It stated that the main purpose of a government was to
protect its people, and further, that a government runs solely based on the "consent of
the governed." This consent gives a government its authority and can be revoked at
any time if a government does not work to represent its people. If a government fails the
people it governs, those people will have the right to rebel and overthrow the
government. In this way, the Declaration illustrated the increasing American support of
republicanism—a philosophy of limited government with elected representatives
serving at the will of the people. Republicanism as a concept states that the only
legitimate government is one based on the consent of the governed.
Some of the principles of the declaration have their origins in the philosophy of John
Locke, a noted Enlightenment thinker who wrote that people were born with natural
rights to life, liberty (freedom), and property. The declaration also used language from
Thomas Paine's pamphlet, Common Sense, which attacked the wrongdoings of the
English monarchy. The declaration helped to rally colonists to the cause of
independence and served in the years that followed to justify other revolutions around
the world. The principles of the declaration have been influential to American history
and have even served as inspiration for important social movements, including the
abolition movement, the women's rights movement, and the civil rights movement.
Listing Grievances
A large portion of the Declaration of Independence includes a list of grievances
(complaints) of the colonists against the British government and King George III. The
purpose of this list was to illustrate the abuses of the British government. Some of the
abuses the declaration included were:

heavy taxes

lack of colonial representation in Parliament

unfair tax laws

seizure of American ships and cargo

requiring the colonists to house British troops

lack of jury trials
Colonial Grievances and Declaration
of Independence
The government of the United States is based on important democratic ideas. These
ideas were incorporated into the United States Constitution when it was written.
Social Compact
A social compact is an agreement between the people and their government. The
government promises to protect the rights of its people and look out for their best interests.
The people promise to be loyal to the government.
Limited Government
A limited government exists when the government's power is defined by a constitution or
other laws. In a limited government, all people, including leaders, must obey the laws.
Natural Rights
Natural rights are the rights that every person is entitled to. Some natural rights are life,
liberty, and the pursuit of happiness.
Right of Revolution
The right of revolution is the right to overthrow a government if it abuses its power or does
not protect the natural rights of its people.
Separation of Powers
Separation of powers is the division of power among different branches of government. This
is meant to keep one branch from becoming too powerful.
Bicameralism
Bicameralism means having a legislative branch made up of two houses. In U.S.
government, Congress is made of two houses: the Senate and the House of Representative.
In a bicameral government, both houses have to work together to pass laws.
Republicanism
Republicanism is a system in which power is held by the voters and is exercised by elected
representatives.
Popular Participation in Government
Popular participation takes place when people are actively involved in their government. In
republican systems, people have the power to elect their leaders or run for office. People
must participate in these actions to make a democracy work.
Articles of Confederation
The Articles of Confederation set up the first central government in the United States.
After the United States had declared its independence from Great Britain, the Second
Continental Congress met to decide how the new country should be run. The Articles of
Confederation were in effect from 1781 until 1788.
Articles of Confederation
The Articles of Confederation were written during the Revolutionary War at the
Second Continental Congress. The Second Continental Congress was made up of
sixty-five representatives from the thirteen colonies. They met from May 10, 1775, to
March 1, 1781. The Articles went into effect in 1781 after all thirteen states had
approved them. They created a national government consisting solely of a single house
of Congress in which each state would have one vote.
In creating the Articles, many Americans feared a strong central government
because of the abuses they had suffered while under British rule. Because of this, the
Articles gave more powers to the states and created a national government consisting
solely of a single house of Congress in which each state would have one vote. The
Articles prohibited the national government from levying taxes, regulated the sale of
government-owned land to settlers, and required unanimous consent from all states in
order to make amendments.
Great Britain officially recognized the United States as an independent country when
the two countries signed the Treaty of Paris of 1783. The signing of this treaty,
however, brought to light some of the inherent weaknesses of the Articles. For example,
due to the strength of the state governments and the lack of any real centralized
government, the foreign powers signing the treaty were unclear whether there would
need to be separate treaties with all of the 13 states or if one treaty would prove
sufficient for all the states.
The passage of the Land Ordinance of 1785 and the Northwest Ordinance of
1787 are two significant accomplishments of the Confederation government. The Land
Ordinance of 1785 was meant to organize new land gained west of the Appalachian
Mountains. It stated that the western territories would become states, ensuring that the
Confederation government would gain control of the land in the Ohio River valley. The
Northwest Ordinance was similar in that it set up rules for how areas in the Northwest
Territory could become states.
Several events demonstrated the overall weaknesses of the Articles of
Confederation. In 1783, a group of soldiers who had fought in the American Revolution
led an uprising known as the Newburgh Mutiny. These soldiers wanted to be paid for
the time that they had served in the war. Since the federal government did not have the
authority to collect taxes, it had little money and could not afford to pay the soldiers.
George Washington stopped the mutiny with a speech, but people remembered the
threat of the event. In 1786, a group of farmers led by Daniel Shays started an uprising
because of their high levels of debt. The rebellion, known as Shays' Rebellion, was
eventually defeated, but the Confederation government had failed to respond quickly or
effectively. In 1787, the delegates convened at the Constitutional Convention in order to
amend the Articles but eventually decided to replace them entirely. In 1788, following its
ratification by the states, the U.S. Constitution officially replaced the Articles of
Confederation. Once the Constitution became the supreme law of the land, the federal
government was able to enforce laws properly, regulate trade, and establish three
branches of government. This was all in contrast to the weaknesses of the Articles of
Confederation.
U.S. Constitution
The Preamble to the Constitution is the first paragraph of the United States
Constitution. The Preamble states the purpose and goals of the government formed by
the Constitution.
The Preamble to the Constitution
We the people of the United States, in order to form a more perfect union, establish
justice, insure domestic tranquility, provide for the common defense, promote the
general welfare, and secure the blessings of liberty for ourselves and our posterity, do
ordain and establish this Constitution for the United States of America.

The phrase "We the People" refers to the fact that the government gets its power from
the people and exists to serve its citizens

The phrase "to form a more perfect union" means that the Constitution will be better
than the Articles of Confederation.

When the preamble says "to establish justice," it means that all people are equal under
the law.

Under the Articles of Confederation, the government did not have the power down
rebellions. The phrase "ensure domestic tranquility" means that the Constitution gives
the government power to keep peace in the country.

To "provide for the common defense" means the government will keep the country
safe.

The Preamble specifies that "the people of the United States" are the ones who "ordain
and establish this Constitution." This phrasing means that the government gets its
authority from the people, an idea known as consent of the governed.
U.S. Constitution

Three of the most important principles of a democracy are rule of law, individual
rights, and limited government. All of these principles are protected by the United
States Constitution.

Rule of Law

Rule of law is the idea that everyone must obey the law, and that everyone has
to follow the same set of laws, even those in power. The Constitution enforces
this idea by including the impeachment process. This process outlines how an
official can be removed from office. If the president breaks the law, he or she can
be put on trial, just as any other citizen would be. There is no special treatment.
Rule of law ensures that government officials do not abuse power.

Limited government

Limited government means the government does not have total power. In a
limited government, everyone, including leaders, must obey the laws. Limited
governments have constitutions, statements of rights, or other laws to limit those
in power. This prevents leaders from taking advantage of their power.

Individual Rights

Individual rights are those rights that belong to the people. The Constitution
establishes restrictions on governmental power to protect individual rights. The
idea of habeas corpus is one example. Habeas corpus ensures that the accused
receives fair treatment. Officials must present the accused before a judge before
he or she is imprisoned. The judge then determines if there is enough evidence
for the imprisonment.
There are examples, however, in which certain rights are limited. For instance,
everyone has a right to free speech. Everyone is free to share thoughts and
beliefs with whomever they please. If a person's words can lead to injury,
however, they may be considered illegal. If a person stands up and yells "Fire!"
for no reason in the middle of a crowded mall, innocent bystanders could get hurt
in a rush of panic as people try to escape. This would be considered illegal.
U.S. Constitution

As the supreme law-making document of the country, the United States Constitution
establishes the principles that allow the U.S. government to function while at the same
time guaranteeing that the government will not abuse its power. The lesson below
explains a few of the limiting aspects of the Constitution on the U.S. government

Federalism

Federalism can be defined as the constitutional principle that the central
government—also called the federal government—must share power with state
and local governments. By giving state and local authorities responsibility for
their areas, the central government can still fulfill its national responsibilities while
being limited from attaining too much control.

Individual rights

Individual rights are those rights that belong to every person. Freedom of religion,
freedom of speech, the right to vote, and the right to a jury trial are all examples
of individual rights. The Bill of Rights (the first ten amendments to the
Constitution) protect these freedoms.

Separation of powers

The Constitution ensures a limited government by dividing the government into
different branches that have different powers. The legislative branch makes laws,
the executive branch enforces laws, and the judicial branch interprets laws.
Separation of powers makes sure that no single branch of the government has
too much power.

Legislative Branch

makes the laws

override vetoes, power to impeach, reject appointments, refuse to ratify treaties, approve
judges

House of Representatives and the Senate

Executive Branch

enforces laws

veto legislation, pardon accused criminals, appoint judges, break ties in the Senate

President, Vice President, cabinet members, and other departments

Judicial Branch

decides if the laws have been broken

declare laws or executive actions unconstitutional, issue warrants, preside over
impeachment

Supreme Court and other federal courts

Checks and balances

Related to the idea of separation of powers, the Constitution also sets up a
system of checks and balances that give the different branches of government
the ability to check the powers of the other branches. The chart below illustrates
the system checks and balances between the different branches of government.
Federalists and Anti-Federalists
The U.S. Constitution was written in 1787 to replace the Articles of Confederation. As
the new Constitution was being ratified, champions for and against it made their
opinions known in a series of newspaper essays and letters collectively called the
Federalist Papers and the Anti-Federalist Papers. Below is a lesson discussing some
of the issues presented prior to and shortly after the ratification of the Constitution.
Prior to Ratification of the Constitution
Republicanism
The new United States government was to be based on republicanism, a form of
limited government with elected representatives serving at the will of the people. The
ideas behind republicanism include the belief that the rule of law is more powerful than
any one person in the country, even leaders. If there are not enough laws to guarantee
individual rights, however, the government leaders could still become tyrants. Yet if
there are too many laws to restrict the government leaders, the leaders could not get
anything done. This principle was behind arguments between the federalists and antifederalists.
Federalists
Federalists supported the Constitution and a strong, centralized government. They were
supported by merchants and traders who were encouraged by the strong principles of
the centralized government. To them, the Constitution's form of representative
democracy was ideal: the government would have the ability to make laws and run the
country, but since government leaders were elected, they would still be accountable to
the people they governed. In an attempt to encourage support for the ratification of the
Constitution, some Federalists (including James Madison (pictured), John Jay, and
Alexander Hamilton) wrote the Federalist Papers, a series of essays that argued why
the Constitution would establish the best form of American government.
According to the Federalist Papers, the new government under the Constitution was a
good compromise between the absolute power of the British monarchy and the lack of
a strong central government under the Articles of Confederation. The new
government would have a stronger central government than the Articles, but this
government would also share some power with the states.
Federalists also felt that the rights of individuals would be protected by a separation of
powers dividing the government into three branches: the executive, the legislative, and
the judicial. They believed that these branches, each having powers against the others,
would form a system of checks and balances that would keep any one branch from
obtaining total power.
Anti-federalists
Anti-federalists did not support the Constitution because they believed it gave the
central government too much power over states and individuals. The Anti-Federalists
pointed out that, by making a federal government more powerful than the state
governments, any federal decision would automatically cancel any state decision,
meaning that the states would have no real authority.
The concern about the power of national government applied to both the judicial
branch and the executive branch. These branches had been absent in the
government under the Articles of Confederation. Judicial power under the Constitution,
according to the Anti-Federalists, could easily cancel out states' rights. A similar
argument was made about the powers of the president. Anti-Federalists felt that the
president could easily gain more power, which could result in the president becoming
more like the kind of England.
According to the Anti-Federalists, the growing country would also be too big to be ruled
effectively by a central government. How could a government in one location deal with
problems in areas that were far away? The Anti-Federalists believed this was a major
flaw of the government under the Constitution. They believed, instead, that local or state
governments would be more suited to deal with issues inside their borders.
The Anti-Federalists also argued for the inclusion of a bill of rights in the new
Constitution. They believed a bill of rights would help protect individual liberties. Though
the Federalists argued strongly against the inclusion of a bill of rights, many states
agreed to ratify the Constitution only with the understanding that the bill would be
added. Patrick Henry (pictured) was influential in the Anti-Federalist campaign regarding
a bill of rights.