Chapter 2 – Origins of American Government

In the Beginning

• European domination of the continent, esp England in North America

• The English in America were influenced by their system which was influenced by early River Valley civilizations.

• And also the Romans, who occupied England for 400 years (43-410 CE)

3 Big English Ideasabout Government

• Ordered government – British saw a need for orderly regulations

• Limited Government – they thought the government was NOT all-powerful and should be restricted

• Representative Government – a government should serve the will of the people

Important Documents from EnglandMagna Carta (1215) • elite citizens sought protection against heavy-handed king• originally intended for privileged but over time applied to all English people• provided for trial by jury, due process, protection of life, liberty and property

Petition of Right (1628)• limited the king’s power• could no longer punish anyone unless lawfully judged by peers• challenged the idea of the Divine Right of Kings – this idea God created the

state and gave royalty the “divine right to rule”

Bill of Rights (1688)• The Glorious Revolution – Parliament offered the crown to Mary & William –

it showed Parliament actually had power over the monarchy• The English Bill of Rights offered rights such as prohibiting standing armies in

peace

The English ColoniesEach of the 13 colonies had its own character

• Royal Colonies - These were subject to the direct control by the Crown. The king would appoint a governor and a council. Propertied residents did vote for the lower house of the legislature.

• Proprietary Colonies – King made a grant of land to a proprietor who then appointed a governor.

• Charter Colonies – largely self-governing

Colonies attempted to work together before the fight for independence through confederations.

THE STAMP ACT OF 1765• British Parliament required the use of stamps on all

legal documents, newspapers, etc. It was just a way to tax.

• Colonies resisted so Parliament repealed it but tensions persisted

• Colonists boycotted English goods.

• Relations between the Crown and the colonists were also harmed by the Boston Massacre and the Boston Tea Party in 1773.

Continental Congresses• Delegates met in Philadelphia• First Continental Congress – 1774

• Delegates included Samuel & John Adams, John Jay, Patrick Henry, & George Washington• Sent Declaration of Rights to the king and wanted to refuse trade

with England until trade regulations and taxes were repealed• Second Continental Congress – 1775

• The American Revolution had already begun – Battles of Lexington & Concord already fought • Delegates included Franklin, Jefferson, Hancock (President),

Washington (Commander-in-Chief)• Became the first national government

“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 foundations on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

- the Unanimous Declaration of the Thirteen United States of America

Declaration of IndependenceJuly 4, 1776

Articles of Confederation

• The first plan to set up the government• Only Congress with no executive or judicial branches• Weaknesses• One vote for each state, no matter its size• Congress powerless to collect taxes• Congress could not regulate foreign and interstate trade.• No executive to enforce Congressional acts• No national court system• Amendment only with consent of all states• A 9/13 majority required to pass laws• Articles were really only a “firm league of friendship”

Chaos & Rebellion• With the states really accountable to

nobody, they started to bicker and refused to support the central government

• Some organized their own military forces

• Economic chaos and sometimes violence erupted

• Shays’ Rebellion – Economic conditions drove some landowners into debt and they started to lose their property as a result. In 1786, Daniel Shays helped lead an uprising that forced the government to act. Eventually Massachusetts passed legislation to ease the burden on debtors.

Framers of the Constitution – Who were these men?

• men with a lot of public experience, wealth, and prestige

• some had served in constitutional conventions for their own states

• famous names include Washington, Madison, Franklin, and Hamilton

Philadelphia – Independence Hall in 1787

• Delegates decided to keep their deliberations secret to protect themselves from outside pressures

• Framers decided to replace the Articles of Confederation with the Constitution

Virginia and New Jersey Plans

Slaves – Were they people?

• Delegates from slave-holding states argued they should be counted but most northerners opposed that

• Three-Fifths Compromise – “free persons” would be counted and so would 3/5s “of all other persons”

• Also used this formula to decide the amount of money each state had to raise for a tax levied by Congress

The Constitutional Convention & Trade

• Southerners worried Congress, with the ability to regulate interstate and foreign trade, would act against their interests in favor of the more commercial north. They especially worried about tobacco and the slave trade.

• They insisted on the Commerce & Slave Trade Compromise before they would agree to commerce power for Congress.

• This compromise said Congress was forbidden the power to tax the export of goods from any state and had to wait at least 20 years before acting on slavery.

Commerce and Slave Trade Compromise

Ratifying the Constitution

Because it was so difficult to get unanimity, the Framers only required nine states “sufficient for

the establishment of this Constitution.”

Federalists vs. Anti-Federalists

Federalists• Led by Philadelphia

Convention attendees like Madison and Hamilton

• Stressed weaknesses of Articles

• The Federalist – collection of 85 essays supporting the Constitution and written by Hamilton, Madison and Jay. One of the most famous set of political writings.

Anti-Federalists• Led by Revolutionary War

heroes like Patrick Henry, Hancock and Samuel Adams

• Objected to most parts of the document but the biggest issues were the increased powers of the central government and the lack of a bill of rights.

Ratification & Inauguration

• Federalists finally won in all states but the vote was very close in several (Virginia, New York are examples)

• 11 of the 13 states voted to ratify the Constitution.

• September 1788 – Congress chose NYC as the temporary capital

• Congress convened in March 1789

• Washington was elected President unanimously and John Adams was elected Vice President