Origins of American Government

From England to the United States of America

Colonial Period

The Influence of the English• Governing Principles

•Two key principals were at the heart of English government•Limited government•Representative government

•Limited Government Development in England•The Magna Carta- 1215

–Established the principal of limited government preventing unjust punishment and loss of life, liberty, and property except according to law.

–Ends the reign of an absolute monarch.

•Petition of Right- 1628–The English Parliament forced Charles I to sign this document which limited his power

–No taxation without the consent of Parliament, no imprisonment without just cause, no forcible quartering of troops, no declaration of martial law except in time of war.

•English Bill of Rights- 1688–Limited a rulers power

•Declared divine right to rule was over- that monarchs ruled with the consent of the people’s representatives in Parliament.

•Monarch must have Parliament’s consent to suspend laws, levy taxes, or maintain army.

•No interference with Parliamentary elections or debates

•The right to a fair and speedy trial by a jury of peers granted

•No cruel or unusual punishment or excessive fines or bail.

–Applied to all English subjects- including the American colonists•Becomes a basis for a break with England

• Representative Government in England• England’s Parliament

•Had power to enact laws.•Had upper and lower chamber

–Upper was the House of Lords- made up of the aristocracy

–Lower was the House of Commons- made up of representatives elected by property owners.

• John Locke

•Locke believed:

•Believed all were born free equal and independent.

•People possessed natural rights to life, liberty, and property when they lived in a state of nature- before governments were formed.

•When people agreed to be governed it was to protect these rights, and if government failed to protect these rights then the people could change the government.

•Government was only legitimate as long as the people consent to it.

•Men like Jefferson, Franklin, and Madison shared Locke’s beliefs and espoused them.

Colonial Government Development• Written Constitutions

•Mayflower Compact- 1620•The Pilgrims realized that they needed rules to govern themselves to survive.

•Allowed them to choose their own leaders and make own laws (self-determination).

•Great Fundamentals- 1629•The addition of new settlements required more comprehensive laws, so the Puritans wrote the first basic system of laws in the American colonies.

•Restricted vote to Puritan church members.

•Fundamental Orders of Connecticut- 1639

•Those Puritans who broke form the Massachusetts colony drew up America’s first formal constitution that said:

•Gave people right to elect governors, judges, and representatives to make the laws.

•Did not restrict vote to church members

• Colonial Legislatures

•Virginia House of Burgess- 1619•Passed laws governing society and stood as a model to be copied by other colonies.

•Many of these legislatures were established 100+ years before the Declaration of Independence, making representative government a way of life in America long before the break with England.

•Legislature’s Role•Dominated colonial government as they shaped the laws and institutions of the growing colonies.

•Examples of consent of the governed because large numbers of qualified men voted in the representatives.

•Training Grounds

•Many of the Founding Fathers gained lawmaking and governing experience in this setting- thereby preparing them for the task of launching one of the greatest experiments in human history.

Separation Of Powers• From the outset colonial government

held a philosophy of separation of powers.•Crown appointed governors held

executive powers, while colonial legislatures made laws and colonial courts heard cases- the latter two were subject to review by the crown.

Uniting For Independence

Colonial Government• Due to the great distance between

England and the colonies the American experienced a large measure of autonomy, and therefore self-government through representatives.

• England went along with this method to maintain colonial loyalty so as to prevent French domination from Canada.

Britain Tightens Control• Key Events

•French and Indian War•Ascension of King George III

• French and Indian War 1754-1763•British defeated French for control

of North America.•Eliminated the need for British

protection of the colonies.

•The war also left England in debt from fighting the war.

•To pay for the war debt the English taxed the colonies- thereby infuriating the colonists.

•Stamp Act 1765•Taxed all paper goods in the colonies- benefiting the English but not the colonies.

•Led to the Boston Tea Party

• Intolerable Acts•Passed in retaliation for the Boston Tea Party

•Closed Boston Harbor (damaging colonial business)and removed the right of Massachusetts colony to govern itself.

• Ascension of King George III•Wanted to tighten control over the

colonies.

Uniting the Colonies• The Albany Plan of Union

•Proposed by Benjamin Franklin but rejected because it placed to much power in the hands of a legislature.

• Stamp Act Congress

•Met to protest Stamp Acts and set sent a petition to King George citing their right to self-government.

•Also inspired the formation of committees of correspondence that kept in communication and supported resistance to the British.

• First Continental Congress

•Representatives from each colony- except Georgia- met following the passage of the Intolerable Acts in Philadelphia.

•Organized a embargo (agreement prohibiting trade) against Britain and its goods.

•Defies the system of mercantilism.

•Soon the British raised the stakes by enforcing harsher measures- leading to the clashes at Lexington and Concord.

• Second Continental Congress

•Following the outbreak of war colonial representatives met again in Philadelphia and assumed the powers of a central government.

•This Congress served as the acting government throughout the Revolution- without any constitutional authority.

• June 1776 a resolution is introduced pronouncing the colonies free and independent states.

•A committee was appointed to write a declaration of Independence following approval of the resolution.

Declaration of Independence• Written by Thomas Jefferson- with

minor changes by Ben Franklin and John Adams.

• Document is inspired by the ideas of Locke and others.

• Key Parts•Part One- A statement of purpose

and gives an eloquent description of basic human rights.

•Part Two- 27 paragraphs listing complaints against King George to justify the break with England

•Part Three- States the determination to break with England

State Constitutions are Born• Under the direction of the 2nd

Continental Congress states begin to draw up that:

•Recognize people as the sole source of government power

•Provide for a limited government

•Some contain a Bill of Rights

The Articles of Confederation(A of C)

Government Under the Articles

• Structure•A unicameral (single house)

Congress oversaw the federal government.

•No executive (President) or federal court system (USSC)

• Powers of the Federal Government under the A of C

•Regulate foreign policy•Raise a Navy•Request troops for an Army from

the states•Appoint senior military officials•Establish post office•Decide certain disputes among the

states.• Weaknesses of the Federal

Government under the A of C

•No power to levy or collect taxes (revenue)•Could only ask states for money- something the states could refuse to grant

• No power to regulate trade•Hurt America’s economy which relied heavily on exports

•No power to enforce laws passed or the A of C

•Hard to pass laws•Needed 9 of 13 votes•Often only 9 delegates would be in attendance

•Small states (5) could block large states (8)

•All states had to approve any amendments to the A of C- something that was never going to happen.

•No executive branch to the government•Governmental work carried out via committee- leading to a lack of continuity.

•No national court system•Led to state courts contradicting one another through rulings.

• Achievements Under the Articles of Confederation

•Western Lands•States gave up territorial control on western lands

•Promoted a national unity and westward expansion

•Peace Treaty with Great Britain•Allowed for the recognition of America as an independent nation

•Settled boundary issues•Cabinet Departments Created

•The framework for later key cabinet departments were laid out under the control of a single secretary.

• The “Full Faith and Credit” Clause• States were encouraged by (but

ignored) the national government to recognize the legal acts of other states and treat citizens without discrimination.

• Carried over to the Constitution.

Need for Stronger Government• Growing Problems

•Tariffs•States were taxing goods from one another to raise revenue

•Violations of A of C•Some states were conducting independent foreign policy

•Money

•Central government in debt to foreign nations and soldiers from Revolutionary war.

• Shay’s Rebellion

•An armed rebellion by desperate Massachusetts farmers scared many into believing there was need for a stronger central government.

• Annapolis Convention

•Following a series of unofficial gatherings it was proposed that all the states meet at convention in Annapolis.•Only 5 states showed

•At Annapolis it was suggested and later approved by the Continental Congress that another convention should be held in Philadelphia to address issues arising from the A of C.

•The Congress gave consent “for the sole and express purpose of revising the Articles of Confederation.”

The Constitutional Convention

The Convention Begins• Organization

• George Washington was chosen presiding officer

• Each state given one vote, with simple majority rule

• No meetings could be held without delegates from 7 of the 13 states in attendance

• Key Agreements

• Agreed to scrap the A of C and begin again.

• All favored limited and representative government

• Agreed to separation of power between judicial, executive, and legislative branches.

• Agreed to limit states rights to coin money

• Agreed to strengthen the national government.

Decisions and Compromises• Key issues were:

• Small states vs. Large states•Small states feared a strong national government with voting based on representation because large states would have control.

• Representation•More population= more representation

•What about slaves?• The Virginia Plan

•Proposed a government based on three principles•Strong national legislature with two chambers (bicameral)–Lower elected by the people and the upper chamber elected by the lower.

–Would have the power to bar any state law it deemed unconstitutional.

•Strong national executive to be selected by the national legislature

•National judiciary appointed by the legislature

•Brilliant move to introduce the plan because it set the direction of the convention.

•The problem was that it gave large states control over the national government.

• The New Jersey Plan•Proposed a government based on

the A of C•Unicameral legislature with one vote per state

•Strengthened legislature with power to tax and regulate trade

•Created weak executive committee elected by Congress

•National judiciary with limited power appointed by executive branch.

• Plan was rejected and focus turned back to the Virginia Plan.

• The Connecticut Compromise• Compromise was proposed top

address both the small state and large state issues.

•Bicameral legislature–House of Representatives with state representation based on population•Had power over beginning revenue laws

–Senate- two members from each state who are elected by the state legislatures.

• The 3/5 Compromise

•Settled the issue of slaves as population by making each slave worth 3/5 of a person in determining representation and taxation.•South wanted slaves counted as one person for representation, but not at all for taxation- the North wanted the opposite.

• Compromise on Commerce and Slave Trading

•Commerce•North wanted central government to control all foreign trade, while the South feared the North passing laws that would hurt them.

•So it was determined that Congress shall have power over interstate commerce (trade among the states)- but to protect the South the Congress is forbidden to impose any export taxes.

• The Slavery Question•Slavery was not brought into the discussion on order to get the needed support of the Southern states in agreeing to the Constitution.

• The President• There was a debate over whether the

President should be elected by the people, Congress, or by the state legislatures.

•The compromise was the current Electoral College system where each state selects electors to choose the President.

•Four-year term was also a compromise between those wanting a longer term and those who feared the power that would come from that.

Ratifying the Constitution

• To make the Constitution law 9 of the 13 colonies had to ratify the final draft.

• This was done in 1788

Federalists and Anti-Federalists• Federalists

•Favored the Constitution•Primarily merchants and others

from the cities and costal regions. • Anti-Federalists

•Opposed the Constitution•Primarily inland farmers and

laborers

•Feared a strong central government.

• Anti-Federalist Arguments

•Constitution was drafted in secrecy

•The document was not sanctioned by law (extralegal) because the convention was only authorized to revise the A of C.

•No Bill of Rights (B of R) included in the Constitution

•The Federalists argued that it was not needed because the Constitution did not give the government power to violate people’s rights.

• The Battle over the Bill of Rights•Anti-Federalists argued without a B

of R the national government could take away the rights won in the Revolution

•Federalists said without a strong central government anarchy would reign and that a strong national government was needed to protect the nation.

•They did agree to add one first thing if the Constitution was approved to get the support needed to ratify.

The Federalist Papers

• Series of essays written and published anonymously by many of the key writers of the Constitution that appeared throughout the colonies.

Launching the New State• NYC was selected as the capital• George Washington was elected President

and John Adams Vice President.• Congress met for the first time with 81

members in 1789.• Madison introduced 12 amendments

immediately following the opening of the Congress, of which 10 were ratified by the states