Roots of American Democracy

Chapter 2

Our English Heritage

Section 1

Objective: TSW explain the British legal influences on the American colonies.

Influences from England’s Government

• When the English people began settling America in the 1600s, they brought with them a history of limited and representative government.

• For centuries, England was ruled by a monarch, but the noble families also had considerable power. ( Ownership of property = loyalty, tax payments and promises of military support.

Magna Carta• King John treated the nobles harshly, and in 1215

they rebelled against him.

• Forced him to sign the Magna Carta (Latin for “Great Charter”).

Magna Carta• It was a contract between the ruler and

the ruled.– Protected the nobles’ privileges and upheld

their authority.– Granted certain rights to all landholders,

which gradually applied to all English people:• Equal treatment under the law.• Trial by one’s peers.

– Limited the power of the government– No one above the law - not even the monarch.

Parliament

• Began with Henry III – the king who followed King John.

– He met regularly with a group of nobles and church officials for advice and assistance.

• Over time, this group grew in size and power, and was expanded to include representatives of the common people.

Parliament• By the late 1300s, it had turned into a legislature

(lawmaking body) known as Parliament.

• English monarch cooperated with Parliament for the next few centuries, and its power continued to grow.

• In 1688, after a long series of power struggles with the monarchy, Parliament removed King James II from the throne, and invited his daughter Mary and her husband William to rule instead.

• In doing so, Parliament proved that it was stronger than the monarchy.

• This transfer of power is known as the Glorious Revolution.

The Glorious Revolution

Impact of the Glorious Revolution• Changed the idea of government in England:– No ruler will have more power than the legislature.

Parliament > Monarchy

• To clarify this new relationship between monarch and legislature, Parliament drew up a special document - Bill of Rights of 1689.

Bill of Rights of 1689

• The monarch cannot:– Suspend Parliament’s Laws– Create Special Courts– Impose Taxes– Raise an army without Parliament’s consent.

• Parliament freely elected• Parliament guaranteed free speech• Every citizen has the right to trial by jury• No cruel and unusual punishments

English Common Law

• Early in English history, there were no written laws.• People developed rules to live by, and these

customs came to have the force of law.• As a court system developed in England, judges

looked at the rulings in previous, similar cases before making a decision – this is called precedent, still used today.

• Thus, the courts gradually built up a series of consistent rulings and laws.

English Common Law

• This system of laws, based upon precedent and custom, became known as common law – it rests on court decisions rather than formal regulations written by lawmakers.

• Although common law came about completely by accident, it has worked well enough to still be used today.

• Our own laws about property, contracts and personal injury are based on common law.

Bringing the English Heritage to America• 1600s and 1700s – England

establishing colonies in North America.

• Colonists remained loyal subjects of England, and brought English political traditions with them:– Accepted common law– Rulers NOT above the law– Expected a voice in the

government

Jamestown

• First Permanent English Settlement in North America – Jamestown, Virginia.– Founded in 1607 by the Virginia Company

• The Virginia Company was a group of London merchants with a charter from King James I.– This charter promised the colonists:• “all liberties … as if they had been abiding and born within this

our Realm of England.”• So … they expected a political system like England’s, with the

same rights.

Virginia House of Burgesses

• Jamestown was first governed by a governor and a council appointed by the Company

• In 1619, colonists chose 2 representatives from each county to meet with the governor and his council.

• These 22 men formed the House of Burgesses, and were the first representative assembly in the English colonies.

• Had little real power, but marked the beginning of self-government in America.

The Mayflower Compact

• 1620 – Pilgrims arrived in America– Landed in Plymouth, Massachusetts

• Realized they needed rules if they were to survive in the new land, and drew up a written plan for government:– The Mayflower Compact

• “Just and equal laws for the general good of the colony”• Direct democracy, in which all men would vote• Majority rule• Established a tradition still in New England today

Early Colonial Governments• Jamestown and Plymouth led to

other colonies• 1733 – 13 colonies from Georgia

to Massachusetts, each with its own government– Each had a governor, either

elected colonists by the or appointed by the king

– Each had a legislature elected by the free adult males, most modeled after Parliament

Early Colonial Governments

• Over time, colonial governments took on more power, while the king and Parliament were dealing with issues at home.

• Colonists grew used to making their own decisions:– Built towns and roads– Organized churches, schools, hospitals and fire departments– Built a thriving economy– Became comfortable solving problems on their own,

without help from England

The Birth of a Democratic Nation

Section 2

Objective: TSW analyze the colonists’ path to independence.

Colonial Self-Government

• Over 3,000 miles of ocean separated the American colonies from Great Britain.

• Result : – Colonists got used to taking care of themselves– Got a lot of valuable experience in self-government.

• At first, Britain left them mostly alone…

3,000 miles

Britain Tightens its Grip • George III takes the throne in 1760• Britain starts using mercantilism to

squeeze as much money as possible out of the colonies– Colonies supposed to be a source of

cheap, raw materials – like lumber and cotton

– Forced colonies to sell these things to Britain at very low prices

– Colonists had to buy British manufactured goods at high prices King George III

Britain Tightens its Grip

• French and Indian War ends in 1763– Pro – Britain gets French land in North America– Con – War costs a LOT, as does ruling new land

• To pay for this, Britain placed steep taxes on the American colonies– Stamp Act: 1765

• Colonists had no representative in Parliament, so they believed that Britain had no right to tax them– “No Taxation Without Representation!”

Colonial Resistance and Rebellion

• In protest of the Stamp Act, colonists began to boycott British goods, hoping to hurt the British economically.

• It worked partly – Parliament agreed to repeal the Stamp Act.

• Parliament wasn’t giving up, though – passed the Declaratory Act of 1766, saying that it did have the right to govern and tax the colonies.

Colonial Resistance and Rebellion

• 1767 – Townshend Acts– Taxed goods like glass, tea, paper and lead, that

the colonists could not make themselves.• Colonists once again boycotted these goods.• 1773– Tea Act (monopoly to the East India Company)– Boston Tea Party– Coercive Acts/Intolerable Acts

Movement Toward Independence

• First Continental Congress – September 1774– Representatives from all of the colonies except

Georgia met in Philadelphia– Sent a document to George III, demanding that

the rights of the colonists be restored.• April 1775 – George responds with force– Battles of Lexington and Concord– People begin talking about independence…

The Second Continental Congress

• Began meeting in May 1775• Deeply divided over what to do;

debated for many months• January 1776 – Thomas Paine

publishes Common Sense, arguing for complete independence from Britain

• By 1776, over half of the delegates agreed with Paine

Thomas Paine

The Declaration of Independence

• The Continental Congress appointed a committee to write a document formally announcing the colonies’ independence from England.– Thomas Jefferson did almost all

of the work.• Explained why the colonies

should be a free nation.

The Declaration of Independence• Argued that the British government did not

look after the interests of the colonists.– Included a long list of complaints.– Called George III “A Tyrant … unfit to be the Ruler

of a free People.”

Democratic Ideals of the Declaration of Independence

• Purpose of government to protect the rights of the people.

• Government based on the consent of the people.

• People are entitled to change or overthrow a government if it disregards their rights of their will.

• Based on the ideas of John Locke – English philosopher.

John Locke

• Second Treatise of Government – 1690– Good government is based on a social contract between

the people and rulers– People agree to give up some of their freedom and

follow the decisions of the government– In return, the government promises to protect the lives,

property and liberty of the people– If the government misuses its power, people should

rebel– All people have the right to life, liberty and property.

An Uncertain Future

• Second Continental Congress approved the Declaration on July 4, 1776

• America was now independent – at least in theory.

• But first … they had to win the war…

The Nation’s First Governments

Section 3

Objective: TSW describe the first federal government under the Articles of Confederation.

Early State Constitutions• 1776 – New Hampshire was

the first state to draft a constitution; other states followed by 1780, and were fairly similar– Legislatures to make the laws;

most were bicameral– Governors to enforce the laws– Judges and courts to interpret

the laws– Bill of rights

The Massachusetts Constitution• 1780 – last of the former colonies• Unusual in 3 ways

1. Instead of making the legislature supreme, distributed power more evenly among the three branches

2. Governor and courts given the power to check the legislature3. Not created by the legislature, but by a special convention of

delegates and approved by citizens

• Would later become the model for the US Constitution• Still in use!

The Articles of Confederation

• Colonies/states needed to band together in order to defeat Great Britain

• 1777 – Second Continental Congress drew up the Articles of Confederation to unite the colonies.

• Established a “league of friendship”, or a system of cooperation among the states

• First Constitution of the United States

The Articles of Confederation• One house legislature – each state had 1 vote– Control the army– Negotiate with foreign powers

• Did NOT have:– Power to tax

– Power to enforce laws

• Could not require the states to do anything• All States had ratified by 1781

Weaknesses of the Articles of Confederation

• Lack of Power and Money– Congress has no power to collect taxes.– Congress had no power to regulate trade.– Congress had no power to enforce its laws.

• Lack of Central Power– No single leader or group directed government policy.– No national court system.

• Rules Too Rigid– Could not pass laws without approval of 9 states.– Could not change Articles without all 13 states.

A Shaky National Government

• Even though America won its independence, it still had problems.

• Because it could not collect taxes, Congress borrowed money to pay for the way – a debt that would take years to repay.

• State governments also in debt, and so had imposed heavy taxes that actually hurt trade – but Congress had no power to fix it.

A Shaky National Government

• Riots broke out in many states.• One of these, Shay’s Rebellion in

Massachusetts, served as a wake-up call to the American people.

• Realized they needed a stronger national government.

• 1787 – 12 states sent delegates to Philadelphia to revise the Articles of Confederation.