Origins of American
Government
CHAPTER 2
Importance of the Magna Carta
• What was important?
• - We read this in class!
Magna Carta cont.
• Limited government
• The power of the monarch was not
absolute
5 Key items of the English Bill of Rights
• 1-monarchs do not have divine right to
rule-needs consent of Parliament
• 2-monarchs need Parliament’s consent to
levy taxes, maintain an army
• 3-monarchs can’t interfere w/ election
• 4-people can have a fair and speedy trial
• 5-people not subject to cruel and unusual
punishment
English colonist brought three
main concepts:
• The need for an ordered social system,
or government.
• The idea of limited government, that
is, that government should not be allpowerful.
• The concept of representative
government—a government that serves
the will of the people.
The way our government works today can be
traced to important documents in history:
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.
John Locke’s Ideas
• 1) all people born free, equal, independent
and possess natural rights like life, liberty,
and property
• 2) if government fails to protect rights, the
people can change government
Growing Colonial Unity
Early Attempts
• In 1643, several New England
settlements formed the New England
Confederation.
• A confederation is a joining of
several groups for a common
purpose.
Growing Colonial Unity
The Stamp Act Congress
• 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.
The Continental Congresses
First Continental Congress
• 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repealed, or recalled.
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.
American Independence
• On July 4, 1776, the Second
Continental Congress adopted the
Declaration of Independence.
• Between 1776 and 1777, most of the
States adopted constitutions instead
of charters.
Common Features of State Constitutions
Popular Sovereignty
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.
Limited Government
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.
Civil Rights and Liberties
Separation of Powers and Checks
and Balances
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.
Government in the colonies had 3
things
• 1) written constitution with basic beliefs
• 2) elected legislation
• 3) separation of powers between governor
and legislation.
Issues with Great Britain
• Taxation and representation = violence
Articles of Confederation
• Approved November 15, 1777
• YORK, PA!!
• 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
Importance of DOI
• Jefferson to the King
• (Mr. Grube calls it a Dear John Letter)
• DOI borrowed ideas of Locke
• “All Men are Created Equal”
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
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
Weaknesses of the Articles
Critical Period, the 1780’s
• Revolutionary War ended on October 19,
1781
• Signed the Treaty of Paris
• With Peace comes hardships
– Economic problems
– Political problems
– Problems a result of the weaknesses of AofC
Critical Period, the 1780’s
• Problems included
–
–
–
–
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
NEED for a Strong Central
Government
• Two states meet to discuss Trade issues
– Maryland and Virginia
– Meet at Mount Vernon
• The meeting was so successful that the
Virginia General Assembly requested a
meeting of all thirteen States, which eventually
became the Constitutional Convention in
Philadelphia.
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
Framers of the Convention
Leaders of the Philadelphia
Convention
• James Madison was the co-author of the
Articles of Confederation.
• Gouverneur Morris was a lawyer who
helped develop the U.S. system of money.
• Alexander Hamilton was a lawyer who
favored a strong central government.
• George Washington was the successful
leader of the Continental Army.
Some famous leaders who were NOT at
the Philadelphia Convention
• Patrick Henry said he “smelt a rat” and
refused to attend.
• Samuel Adams and John Hancock were
not selected as delegates by their states.
• Thomas Jefferson and Thomas Paine
were in Paris.
• John Adams was on diplomatic missions
to England and Holland.
Organization and Procedures
• Meet summer of 1787 in
Philadelphia
• Elected George
Washington as president
of the convention
• Majority of States needed
to conduct business
• One vote per State on all
matters
• Majority of votes needed
to pass proposals
• Worked in Secrecy
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
MAJOR PROBLEM!
• REPRESENTATION IN CONGRESS…
• WHY IS THAT A PROBLEM?
The Virginia Plan: Called for a
NEW Government
• Three Separate branches of government
• Legislature, Executive, and Judicial
• Bicameral legislature
• Based on population or money given to support the central
government
• Members of House of Reps = based on population
• Senate = chosen by House from a list from the State Legislature
• Congress would be given powers it had under the A of C
• Veto any State law that conflicted with National Law
The Virginia Plan: Called for a
NEW Government
• “National Executive” and “National
Judiciary”
• Council of Revision
• Veto acts passed by Congress (but can be
overridden by Congress)
• State officers should take an Oath to a Union
• Admit new States to the Union
The New Jersey Plan
• Unicameral Congress of the Confederation
– Each state equally represented
• Add closely limited powers
– Tax and regulate trade
• Federal Executive
– More than one person
– Chosen by Congress/could be removed with maj.
Vote
• Federal Judiciary
– Single “supreme Tribunal”
– Selected by Executive
Differences between the plans
• How should the states be represented in
Congress?
– Based on population?
– Financial contribution?
– State equality?
• 4 weeks they deliberated
– Heated debate
– Lines drawn in the sand
The Compromises
• Connecticut Compromise
– Two houses
– Senate – equal representation
– House – proportional representation
• Combination of Virginia and New Jersey
plans
• AKA: The Great Compromise
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
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
Influences on
the New Constitution
• The Framers were familiar with the political
writings of their time
– Jean Jacques Rousseau (Social Contract Theory)
– John Locke (Two Treaties of Government).
• They also were seasoned by
– The Second Continental Congress,
– The Articles of Confederation and
– Experiences with their own State governments.
Reactions to
the New Constitution
• When the Constitution was complete, the Framers’
opinions of their work varied. Some were disappointed,
like George Mason of Virginia, who opposed the
Constitution until his death in 1792.
• Most agreed with Ben Franklin’s thoughts when he said,
“From such an assembly [of fallible men] can a perfect
production be expected? It…astonishes me, Sir, to find
this system approaching so near to perfection as it
does…”
Ratifying the Constitution
• Federalists
– Articles of
Confederation were
weak
– argued for the
ratification of the
Constitution.
– James Madison
– Alexander Hamilton
• 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
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.
• New York’s ratification was
hard fought. Supporters of
the Constitution published a
series of essays known as
The Federalist.
BILL OF RIGHTS
INCLUDED AS THE FIRST
10 AMENDMENTS