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Constitutionalis Constitutionalis m m

Constitutionalism. The state must govern according to the laws. People expect the constitution to protect their rights, liberties, and property

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Page 1: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

ConstitutionalisConstitutionalismm

Page 2: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

The state must govern according to the laws.The state must govern according to the laws.

People expect the constitution to protect their People expect the constitution to protect their rights, liberties, and property.rights, liberties, and property.

Const. Monarch = ruler is the head of state but Const. Monarch = ruler is the head of state but the ultimate power rests in the electorate.the ultimate power rests in the electorate.

Constitutionalism does Constitutionalism does notnot = democracy! = democracy!

Page 3: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Queen Elizabeth is the last Tudor monarch. She has no children.

Page 4: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Tomb of Mary and Elizabeth

Page 5: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Effigy on top of Elizabeth’s tomb

Page 6: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Elizabeth’s cousin King James VI of Scotland becomes King James I of England

James begins the reign of the Stuart dynasty.

r. 1603-1625

Page 7: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

The Stuart Monarchy

Page 8: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Decline of AbsolutismDecline of Absolutism

The Stuart kings lacked the political The Stuart kings lacked the political wisdom of Elizabeth.wisdom of Elizabeth.

James I believed in James I believed in Divine RightDivine Right of rule. of rule. Wanted total control over the English. Wanted total control over the English. This angered the House of Commons.This angered the House of Commons.

James’ mismanagement of $ and poor James’ mismanagement of $ and poor choices weaken the respect for the choices weaken the respect for the monarchy.monarchy.

Page 9: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

House of Commons wanted a House of Commons wanted a greater saygreater say in governing the state.in governing the state.

Charles I ruled without Parliament from Charles I ruled without Parliament from 1629-1640. 1629-1640.

Between 1603 and 1640 arguments arose Between 1603 and 1640 arguments arose between the crown and House of between the crown and House of Commons over taxation.Commons over taxation.

Page 10: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Problems in the Church of EnglandProblems in the Church of England

Many English were attracted to Calvin’s Many English were attracted to Calvin’s values of hard work, thrift, and self-denial. values of hard work, thrift, and self-denial. They wanted to purify the church of They wanted to purify the church of Catholic elements. These people were Catholic elements. These people were called called PuritansPuritans..

Puritans saw James I as an enemy as he Puritans saw James I as an enemy as he and his son Charles I appear to be pro-and his son Charles I appear to be pro-Catholic.Catholic.

Page 11: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King James Bible 1611

Page 12: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Charles I r. 1625-1649

Page 13: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property
Page 14: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King Charles IKing Charles I

The people didn’t like Charles I. They thought The people didn’t like Charles I. They thought he was dishonest and treacherous.he was dishonest and treacherous.

He ruled without Parliament for 11 years. He He ruled without Parliament for 11 years. He had to call them back when he needed money had to call them back when he needed money for an army. As a result:for an army. As a result:

House of Commons passes Triennial ActHouse of Commons passes Triennial Act King forced to sign Petition of RightKing forced to sign Petition of Right H of C doesn’t trust Charles with an armyH of C doesn’t trust Charles with an army

Page 15: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

The Petition of Rights, 1628

Page 16: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Petition of RightPetition of Right

The king can’t imprison subjects without due The king can’t imprison subjects without due cause.cause.

He can’t levy taxes without consent of He can’t levy taxes without consent of Parliament.Parliament.

He can’t house soldiers in private homes without He can’t house soldiers in private homes without consent.consent.

King can’t impose martial law in peace time.King can’t impose martial law in peace time.

Page 17: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Charles basically ignored the Petition but it Charles basically ignored the Petition but it was a significant idea. was a significant idea.

It set forth the idea that the law was higher than It set forth the idea that the law was higher than the king. the king. ContradictedContradicted the theories of absolute the theories of absolute monarchy.monarchy.

Video\ The_Petition_of_Right.asf

Page 18: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

As a result:As a result:

Charles I initiated military actions against Charles I initiated military actions against Parliament.Parliament.

Cavaliers (royalists) support the king.Cavaliers (royalists) support the king.

Parliamentarians (roundheads) support Parl.Parliamentarians (roundheads) support Parl.

Page 19: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

English Civil War 1642-1649English Civil War 1642-1649

War revolved around the issues of War revolved around the issues of whether whether sovereignty should reside in the king or sovereignty should reside in the king or parliamentparliament. The problem is not resolved with the . The problem is not resolved with the end of the war or the death of the king.end of the war or the death of the king.

Charles I charged with treason and put on trial. Charles I charged with treason and put on trial. He is found guilty and beheaded. He is found guilty and beheaded. Never before Never before had a king faced a public trial and executionhad a king faced a public trial and execution..

The monarchy was The monarchy was abolished in 1649abolished in 1649 and a and a commonwealthcommonwealth was proclaimed. was proclaimed.

Page 20: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Civil War (1621-1649)

Royalists(Cavaliers)Royalists(Cavaliers)

Parliamentarians(Roundheads)

Parliamentarians(Roundheads)

a House of Lords

a N & W England

a Aristocracy

a Large landowners

a Church officials

a More rural, less prosperous

† House of Commons

† S & E England

† Puritans

† Merchants

† Townspeople

† More urban , more prosperous

Page 21: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

The execution of King Charles I

Page 22: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Cromwell looks inside the coffin of Charles I

Page 23: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Execution of Charles I

Video\King_Charles_is_Beheaded.asf

Page 24: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

A A commonwealthcommonwealth is a gov’t without a king whose is a gov’t without a king whose power rests in Parliament and a council of state.power rests in Parliament and a council of state.

The The armyarmy actually controlled the government actually controlled the government and Cromwell controlled the army.and Cromwell controlled the army.

The rule of Cromwell was called the The rule of Cromwell was called the ProtectorateProtectorate but was really a dictatorship.but was really a dictatorship.

Page 25: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Cromwell was absolutist and Puritanical. He allowed religious toleration for all Christians except Catholics.

Military gov’t ended when Cromwell died in 1658. By now the English are ready to restore the monarchy.

The restoration of the monarchy in 1660 failed to solve the problems of religion and the relationship between the king and parliament.

Page 26: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King Charles II [r. 1660-1685]

a Had charm, poise, & political skills.

a Restored the theaters and reopened the pubs and brothels closed during the Restoration.

a Favored religious toleration.

a Had secret Catholic sympathies.

a Realized that he could not repeat the mistakes his father had made.

Page 27: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Charles_II_Takes_the_Throne.asf

Page 28: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King Charles II [r. 1660-1685]a 1661 “Cavalier” Parliament [filled with

Royalists]

Disbanded the Puritan army.

Pardoned most Puritan rebels.

Restored the authority of the Church of England.

a 1662 Clarendon Code [Act of Uniformity]

All clergy & church officials had to conform to the Anglican Book of Common Prayer.

It forbade “non-conformists” to worship publicly, teach their faith, or attend English universities.

Page 29: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King Charles II [r. 1660-1685]

a 1673 Test Act

Parliament excluded all but Anglicans from civilian and military positions.[to the Anglican gentry, the Puritans were considered “radicals” and the Catholics were seen as “traitors!”]

a 1679 Habeas Corpus Act

Any unjustly imprisoned persons could obtain a writ of habeas corpus compelling the govt. to explain why he had lost his liberty.

Page 30: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

Charles II pro-French policies led to anti-Catholic Charles II pro-French policies led to anti-Catholic fear.fear.

James II (Catholic) succeeds his brother. He James II (Catholic) succeeds his brother. He violated the Test Act by appointing Catholics to violated the Test Act by appointing Catholics to university and government positions.university and government positions.

James’ son (a Catholic heir) is born in 1688 James’ son (a Catholic heir) is born in 1688 causing a fear of a new Catholic dynasty.causing a fear of a new Catholic dynasty.

Page 31: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

King James II – the last Stuart King

Page 32: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

James is forced from the throne by his son-in-James is forced from the throne by his son-in-law William of Orange. There is little blood shed law William of Orange. There is little blood shed in the in the Glorious RevolutionGlorious Revolution..

William and Mary are installed on the throne by William and Mary are installed on the throne by Parliament ending the idea of Divine Right Parliament ending the idea of Divine Right monarchy.monarchy.

They are a They are a Constitutional monarchyConstitutional monarchy and and Parliament is their partner in governing.Parliament is their partner in governing.

Page 33: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

The “Glorious” Revolution: 1688

a Whig & Tory leaders offered the throne jointly to James II’s daughter Mary [raised a Protestant] & her husband, William of Orange.

He was a vigorous enemy of Louis XIV.

He was seen as a champion of the Protestant cause.

Page 34: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

English Bill of RightsEnglish Bill of Rights Passed in 1689 and showed the

limits of royal power. Parliament is sovereign..

Not a list of rights like the American Bill of Rights

Justified the ouster of James II and the Catholics during the Glorious Revolution

Established checks and balances for the king

Parliament becomes dominant force in English government

Video\The_Glorious_Revolution_and_the_English_Bill_of_Rights.asf

Page 35: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

English Bill of Rights [1689]a Main provisions:

1. The King could not suspend the operation of laws.

2. The King could not interfere with the ordinary course of justice.

3. No taxes levied or standard army maintained in peacetime without Parliament’s consent.

4. Freedom of speech in Parliament.

5. Sessions of Parliament would be held frequently.

Page 36: Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property

6. Subjects had the right of bail, petition, and freedom from excessive fines and cruel and unusual punishment.

7. The monarch must be a Protestant.

8. Freedom from arbitrary arrest.

9. Censorship of the press was dropped.

10. Religious toleration.