Origins of American Government

1
Chapter 2

• Origins of American Government

2
Section 1

• Our Political Beginnings

3
Basic Concepts of Government

• Earliest English settlers brought with them
  knowledge of a political system
• The knowledge did come from other times and
  places
• Things such as rule of law, direct legacy of law,
  religion and custom to people
• English colonists brought 3 ideas that were to
  loom large in the shaping of government

4
Ordered Government

• Colonists saw a need for orderly regulation of
  relationships with one another
• Created local governments based on the ones known
  in England
• Many of the offices instituted by early colonists
  are still found today at the local level
• Sheriffs, coroner, assessor and justice of the
  peace

5
Limited Government

• Government is limited in what it may do
• Each individual has certain rights that
  government cannot take away
• The concept was deeply rooted in English belief
  and practice
• Was planted in England with the signing of the
  Magna Carta in 1215
• Brought to the Americas in Jamestown in 1607

6
Representative Government

• Representative Government is the idea that
  government should serve the will of the people
• People should have a voice in deciding what
  government should and should not do
• Found a place in America and became a mainstay as
  did limited government

7
Landmark English Documents

• The Magna Carta (The Great Charter)- document
  including rights such as trial by jury and due
  process of law
• These protections against the absolute power of
  the king were originally intended only for the
  privileged classes
• Over time became the rights of all people
• Magna Carta established the principle of power of
  the monarchy was not absolute

8
Landmark English Documents

• The Petition of Right- limited the kings power
  by demanding that the king not imprison political
  critics w/out trial by jury
• Also could not declare martial law or rule by
  military during peacetime
• Petition challenged the idea of the divine right
  of kings
• Declared that even a monarch must obey the law of
  the land

9
Landmark English Documents

• The Bill of Rights- prohibited a standing army
  in peacetime, except when approved by Parliament
• The English Bill of Rights included such
  guarantees as the right to a fair and speedy
  trial
• America has changed, and added to those ideas
• Much of our government is based on early English
  Ideas

10
Government in the Colonies

• Royal Colonies- subject to direct control of the
  crown
• Proprietary Colonies- a colony founded by a
  person with a land grant from the king to start
  colonies
• Charter Colonies- colonies started by charters
  granted to the colonists specifically

11
The Royal Colonies

• The king named a governor to serve as the
  colonys chief executive
• Council, appointed by the king, served as an
  advisory board to the governor
• Council became the upper house of the colonial
  legislature
• Highest court in the colony
• Lower house was elected by the property owners
  qualified to vote

12
The Proprietary Colonies

• Governments of these colonies were much like
  those in the royal colonies
• Governor was appointed by the proprietor
• Some cases the legislature was bicameral
• Bicameral- two house legislature
• In Pennsylvania, the legislature was unicameral
• One house legislature

13
The Charter Colonies

• Governors of charter colonies were elected each
  year by white, male property owners in each
  colony
• Laws made by bicameral legislature were not
  subject to Governors veto
• Judges were appointed by the legislature
• Had Britain allowed other colonies the same
  freedom as the charter colonies, the revolution
  may have never occurred

14
Section 2

• The Coming of Independence

15
Royal Control

• Parliament took little part in the management of
  the colonies
• Was interested in trade matters
• In theory, the colonies were governed from London
• In practice, the colonists became used to self
  government
• Central government in London was responsible for
  the defense and foreign affairs of the colonies
• Mostly the colonies had a self governing rule

16
Royal Control

• When George III came to the throne in 1760,
  Britain began to deal more firmly with the
  colonies
• Taxes were imposed on the colonies largely to
  support British troops in America
• Colonists objected these taxes
• No taxation without representation
• Colonists saw little need for British troops with
  the power of the French in America gone after the
  War.

17
Growing Colonial Unity

• Before the 1770s, many attempts had been made to
  promote cooperation among the colonies
• Some attempts included
• League of Friendship
• The Albany Plan
• The Stamp Act Congress

18
Growing Colonial Unity

• In 1643, the league of friendship joined the
  New England Federation
• For defense against the Native Americans
• William Penn also offered a plan for
  intercolonial cooperation but got little attention

19
Growing Colonial Unity

• The Albany Plan of Union was for colonial trade
  and the danger of attacks by the French and their
  Native American allies
• Body would have the power to raise military and
  naval forces, make war and peace, regulate trade,
  levy taxes and collect customs duties
• Agreed to by the Albany meeting but turned down
  by the colonies and the crown

20
Growing Colonial Unity

• Stamp act was a law that required the use of tax
  stamps on all legal documents
• In October of 1765, nine colonies sent delegates
  to the Stamp Act congress in New York
• Declaration of Rights and Grievances
• 1st time a significant number of the colonies
  rose up against the British Government

21
Growing Colonial Unity

• Parliament repealed the Stamp Act
• Mob violence erupted along with a boycott of
  English goods
• Committees of Correspondence carried on organized
  resistance
• A time of both peaceful and violent
  confrontations in the colonies

22
The First Continental Congress

• In 1774, Parliament passed another set of laws
• To punish the colonists
• New laws called for a meeting of all the colonies
• 55 delegates from every colony except Georgia met
  in Philadelphia on Sept. 5, 1774

23
The First Continental Congress

• Sent a declaration of Rights that protested
  Britains colonial policies
• Delegates urged each of the colonies to refuse
  trade with England until the taxes and
  regulations of trade were repealed
• Meeting was over on October 26th

24
The Second Continental Congress

• British Government reacted to the Declaration of
  Rights with stricter measures
• Second Continental Congress met in Philadelphia
  on May 10, 1775
• By this time the revolution had begun
• Each of the 13 colonies sent delegates
• Raised and army and commander and chief

25
The Second Continental Congress

• Became the nations first national government
• Served as government for 5 years
• The unicameral congress exercised both
  legislative and executive powers
• In legislative matters, each colony had one vote
• Executive matters were handled by a committee of
  delgates

26
The Declaration of Independence

• Written by a committee of five people
• Ben Franklin, John Adams, Roger Sherman, Robert
  Livingston and Thomas Jefferson
• Almost wholly the work of Thomas Jefferson
• On July 2nd, the delegates agreed to Richard
  Henry Lees resolution and two days later adopted
  the Declaration of Independence
• Announces the independence of the U.S.
• Brings about a new nation

27
The First State Governments

• In 1776-1777 most of the states adopted written
  constitutions
• Assemblies or conventions to adopt the drafts
• Massachusetts constitution of 1780 is the oldest
  of present day states and the oldest constitution
  in force in the world today

28
Common Features of New States

• Popular Sovereignty
• Limited Government
• Civil Rights and Liberties
• Separation of Powers and Checks and Balances
• Divided among three branches executive,
  legislative and judicial

29
Section 3

• The Critical Period

30
The First National Constitution

• The Declaration of Independence also called for
  the Second Continental Congress to propose a plan
  of confederation
• On Nov. 15th, 1777, the Congress approved the
  Articles of Confederation
• The ratification of each of the 13 states was
  needed first
• March 1st, 1781 was the date when the Articles
  were finally ratified

31
The First National Constitution

• Established a firm league of friendships among
  the states
• Each state kept its sovereignty, freedom and
  independence and every power, jurisdiction, and
  right
• The states came together for their common
  defense, the security of liberties and their
  mutual and general welfare

32
Government Structure

• Congress was the sole body created
• Unicameral, made up of delegates chosen yearly by
  the states in whatever way their legislatures
  might direct
• Each state had one vote in congress
• No executive or judicial Branch
• These functions would be handled by committees of
  the congress
• Each year congress would choose a president

33
Powers of Congress

• Congress could make war and peace
• Send and receive ambassadors
• Make treaties
• Borrow Money
• Set up a monetary system
• Build a navy
• Raise an army by asking the states for troops
• Settle disputes among the states

34
State Obligations

• By agreeing to the Articles, the states had
  pledged to obey the Articles and the acts of the
  Congress
• Provide funds and troops requested by congress
• Treat citizens of other states fairly and equally
• Beyond these few obligations, the states retained
  those powers not explicitly given to congress
• They were responsible for protecting life and
  property and for promoting the general welfare

35
Weaknesses

• The articles lacked several important powers
• One vote for each state, regardless of size
• Congress powerless to lay and collect taxes
• Congress powerless to regulate foreign and
  interstate commerce
• No executive to enforce acts of congress
• No national court system
• Amendment only with consent of all the states
• A 9/13 majority to pass laws
• Articles only a firm league of friendship

36
The Critical Period, the 1780s

• With a central government unable to act, the
  states bickered among themselves
• They grew increasingly jealous and suspicious of
  one another
• Several states made agreements with foreign
  governments, even though it went against the
  articles

37
The Critical Period, the 1780s

• The States were taxing each others goods and
  banning some trade
• Printing their own money
• Economic chaos spread throughout the colonies as
  prices soared
• Violence broke out in western Massachusetts
• Articles created a government unable to deal with
  the nations troubles
• Inevitably, demand grew for a stronger, more
  effective Government

38
The Meetings at Mount Vernon and Annapolis

• Maryland and Virginia took the first steps toward
  change
• January 21st, 1786 the Virginia assembly called
  for a joint meeting of all the states to
  recommend a federal plan for regulating commerce
• Opened at Annapolis Maryland on Sept. 16th, 1786
• 5 of the 13 states were represented
• Held a meeting in Philadelphia that became known
  as the constitutional convention

39
Section 4

• Creating the Constitution

40
The Framers

• 12 of the 13 states sent delegates
• 55 members attended the convention
• All were men of wide knowledge and public
  experience
• Many fought in the Revolution, some were in the
  Continental Congress or the congress of the
  Confederation
• The average age of the framers was 42 and many
  were in their thirtys
• Of a new generation of politics

41
Organization and Procedure

• Organized on May 25th, 1787
• Choose George Washington as President of the
  Convention
• Rules were established on the next day
• Adopted a rule of secrecy
• Kept notes in a journal
• Met on 89 of the 116 days until their final
  meeting on Sept. 17th

42
The Decision to Write a New Constitution

• The convention was called to recommend revisions
  to the Articles
• At once the delegates talked of creating a new
  Government for the U.S.
• The Framers set out to write a new constitution
• Once the decision was made, the convention never
  changed

43
The Virginia Plan

• On may 29th the Virinia plan was presented by
  Randolph
• Called for three Branches Legislative, Executive
  and Judicial
• Legislative would be Congress and Bicameral
• Representation would be based on either
  population or the amount of money it gave to the
  state

44
The Virginia Plan

• Choose national executive and judiciary
• These two would form a council of revision to
  veto acts of congress
• Veto could be overturned by passing the two
  houses
• The executive would have general authority to
  execute the national laws
• Judiciary would consist of one or more supreme
  courts
• Smaller states found it too radical and developed
  counter proposals

45
The New Jersey Plan

• The New Jersey plan was a revision of the
  Virginia plan
• Keep the Unicameral congress of the Articles and
  have states equally represented
• Called for a federal executive of more than one
  person chosen by congress
• Biggest dispute was between how representation in
  congress would be handled
• Based on population or on state equality

46
The Connecticut Compromise

• Agreed on that congress would have two houses
• Senate, states would be represented equally
• House, representation was based on population
• Smaller States were satisfied and made it
  possible for them to support the strong central
  government
• Often called the Great Compromise

47
Three Fifths Compromise

• Should slaves be counted in the population of the
  southern states
• Most slave states thought they should be counted
• Northern states disagreed
• Agreed on the Three Fifths compromise
• Agreed that three fifths of all enslaved persons
  would be counted

48
The Commerce and Slave Trade

• Convention agreed congress had to have the right
  to regulate foreign and interstate trade
• South worried that Congress, likely controlled by
  the North, would act against interest of the
  south
• Feared congress would try to pay for the new
  government with export duties and regulate the
  slave trade
• Commerce and Slave Trade Compromise
• Congress was forbidden the power to tax the
  export of goods from any state

49
A Bundle of Compromises

• Final decisions on selection of a President,
  treaty making process, structure of the national
  court system and the amendment process were all
  compromises
• A lot of the main beliefs were not compromised
• All delegates realized the principles were needed
  to go about government

50
The Convention Completes Its Work

• On September 8th, a committee was named to revise
  the style and arrange the articles which had been
  agree to
• On September 17th, the convention approved its
  work and 39 names placed on the document

51
Section 5

• Ratifying the Constitution

52
Ratification

• After the completion of the Constitution the
  Document was sent to the states on September
  28th, 1787

53
Federalists and Anti-Federalists

• Two groups emerged after the Constitution has
  been sent out
• Federalists- those who favored ratification
• Anti-Federalists- Those who opposed ratification
• The federalists were led by many of the people
  who attended the Philadelphia convention
• Stressed the weaknesses of the Articles
• Argued many difficulties facing the nation could
  be helped by the new Government

54
Federalists and Anti-Federalists

• Anti-Federalists attacked nearly every part of
  the document
• Denial of states power
• Two of the major features of the constitution
• The greatly increased powers of the central
  government
• The lack of a bill of rights
• Document did not allow for liberties such as
  freedom of speech, press and religion

55
Success

• Federalists finally win all the states
• Delaware was the first state to ratify
• The Federalist- series of 85 essays written in
  support of the Constitution by Alexander
  Hamilton, James Madison and John Jay

56
Inauguration of the New Government

• On September 13th, 1788, 11 of the 13 states had
  ratified
• New York was the temporary capital
• On April 6th, 1789 George Washington had been
  elected President by a unanimous vote and John
  Adams, Vice President
• April 30th, Washington took the Oath of office as
  the first President of the U.S.