FFoundations of oundations of AAmerican merican

GovernmentGovernment

the Path the Path

to to Our ConstitutionOur Constitution

OurOur

ConstitutioConstitutionnIs Built UponIs Built Upon

IdeasIdeasGathered from OtherGathered from Other

CivilizationCivilizationss

MesopotamMesopotamiaia

► Codified lawCodified law - Babylon’s - Babylon’s Code Code of Hammurabiof Hammurabi introduced introduced benefits of writing all laws down benefits of writing all laws down in an orderly manner,in an orderly manner, Allowed all citizens to know the Allowed all citizens to know the

law andlaw and the protections they can expect the protections they can expect

from the law.from the law.

MesopotamiaMesopotamia

► Codified lawCodified law - Babylon’s - Babylon’s Code of HammurabiCode of Hammurabi introduced benefits of writing all laws down in an introduced benefits of writing all laws down in an orderly manner,orderly manner,

Allowed all citizens to know the law and the protections Allowed all citizens to know the law and the protections they can expect from the law.they can expect from the law.

►Rule of LawRule of Law or or Supremacy Supremacy of Lawof Law

MesopotamiaMesopotamia

► Codified lawCodified law - Babylon’s - Babylon’s Code of HammurabiCode of Hammurabi introduced benefits of writing all laws down in an orderly introduced benefits of writing all laws down in an orderly manner,manner,

Allowed all citizens to know the law and the protections they can Allowed all citizens to know the law and the protections they can expect from the law.expect from the law.

► Rule of LawRule of Law or or Supremacy of LawSupremacy of Law ancient Hebrews introduced idea that ancient Hebrews introduced idea that No one is above the No one is above the

law, not even the king.law, not even the king.

► HebrewsHebrews added idea that added idea that law is properly law is properly based upon based upon moralitymorality, not simply on “might , not simply on “might makes right” or exigencies of power and the makes right” or exigencies of power and the state’s regulation of its subjects.state’s regulation of its subjects.

Ancient

Greece

Ancient Ancient GreekGreek Ideas Ideas

► DemocracyDemocracy - every citizen is responsible for - every citizen is responsible for participating in decisions regarding their society’s participating in decisions regarding their society’s problems or issues. problems or issues.

► Public debatePublic debate - the free forum of idea. If ALL - the free forum of idea. If ALL sides of the debate are heard, we have all the facts and sides of the debate are heard, we have all the facts and all the complexities before making decisionsall the complexities before making decisions

► Salaries for public officials Salaries for public officials - paying elected officials - paying elected officials allows both rich & poor to hold office, participate, allows both rich & poor to hold office, participate, and serve.and serve.

Ancient Ancient RomanRoman Ideas Ideas► Representative democracy Representative democracy Rome too large for Rome too large for

direct democracy. Instead, citizens chose other direct democracy. Instead, citizens chose other citizens tocitizens to represent represent them in government them in government assemblies. (Senate)assemblies. (Senate)

► VetoVeto - power of the leader - power of the leader of the of the executiveexecutive branch branch to say to say NONO

to a law passed by the to a law passed by the legislature.legislature. There oughta be a brakeThere oughta be a brake

► Bicameral legislatureBicameral legislature

Anglo-SaxonAnglo-Saxon ideas ideas► Jury Jury systemsystem - group of fellow citizens decides - group of fellow citizens decides

guilt or innocence of one accused of crime.guilt or innocence of one accused of crime.► Feudal Feudal rights & obligationsrights & obligations - what vassal - what vassal

owes his lord & vice versa - owes his lord & vice versa - the power dealthe power deal► The The WitanWitan - an advisory council of Nobles - an advisory council of Nobles

assistance and guidance to King.assistance and guidance to King. Power sharing not monopolyPower sharing not monopoly Eventually becomes Eventually becomes ParliamentParliament..

uh, Conqueror

William the B . . .

NNorman orman ideasideas► CentralizedCentralized gov’t gov’t

superceded older, superceded older, localized feudal orderlocalized feudal order

► Magna CartaMagna Carta - - limitations on the limitations on the crown, rights of the crown, rights of the ruled, Parliamentruled, Parliament

► Common LawCommon Law - the - the common common denominator of denominator of the the rule of lawrule of law

BritishBritish

Ideas Ideas

The The Glorious Glorious RevolutionRevolution

► Constitutional Gov’t – NO Divine Constitutional Gov’t – NO Divine RightRight

► Parliament greater than the KingParliament greater than the King► The Rule of LawThe Rule of Law

► Religious issue - Religious issue - settledsettled . . . . . . mostlymostly 1fd

Shortcut to QUEEN_WAVING_Onn.flv.lnk

Roots Roots of ourof our Constitution Constitution

►English Civil WarEnglish Civil War Parliamentary powerParliamentary power Taxation – who gets to taxTaxation – who gets to tax Religious issueReligious issue English Petition of Bill of RightEnglish Petition of Bill of Right

► No quartering of troops in homesNo quartering of troops in homes

►EnlightenmentEnlightenment

Enlightenment Ideas Enlightenment Ideas ((This is review!)This is review!)

► John John LockeLocke (1632-1704 British) (1632-1704 British) natural rights natural rights (life, liberty, and property); (life, liberty, and property); social contract social contract (gov’t's power comes from the (gov’t's power comes from the

people); people); right of revolutionright of revolution

► VoltaireVoltaire (1694-1778 French) (1694-1778 French) ► religious freedomreligious freedom► Freedom of speechFreedom of speech► natural rightsnatural rights► end tortureend torture

Enlightenment IdeasEnlightenment Ideas

►Baron de Baron de MontesquieuMontesquieu (1689-1755 (1689-1755 French) French) Separation of Powers - Three BranchesSeparation of Powers - Three Branches Checks & BalancesChecks & Balances

► Jean-Jacques Jean-Jacques RousseauRousseau (1712-1778 (1712-1778 French) French) Rejected Divine Right TheoryRejected Divine Right Theory Power comes from Power comes from the peoplethe people,, rulers rulers serveserve the “social contract” the “social contract”

Native-AmericanNative-American Ideas Ideas

► Iroquois Confederacy/Iroquois Confederacy/ Haudenosaunee Haudenosaunee ConfederacyConfederacy (united the Seneca, Cayuga, (united the Seneca, Cayuga, Onondaga, Oneida, Mohawk, & Tuscarora Onondaga, Oneida, Mohawk, & Tuscarora nations) nations)

ConfederationConfederation social classes but with equalitysocial classes but with equality

Early American FreedomsEarly American Freedoms

►NoNo aristocracyaristocracy►NoNo guilds guilds . . . No exclusivity or monopoly . . . No exclusivity or monopoly ►NoNo compulsorycompulsory payments to a state payments to a state

establishedestablished church church►NoNo state interference or control on transfer state interference or control on transfer

of one’s own propertyof one’s own property►NoNo ceiling on wages ceiling on wages►Lots of opportunity Lots of opportunity . . . The only limiting . . . The only limiting

factor was . . . . Yourself factor was . . . . Yourself

Salutary Salutary NeglectNeglect

► Prime Minister Robert Prime Minister Robert Walpole Walpole stated that stated that

"If "If NO NO restrictionsrestrictions

were placed on were placed on

the colonies, the colonies,

they would they would flourishflourish.“.“►British Policy of Salutary Neglect, from about British Policy of Salutary Neglect, from about

1607 to 1763, allowed light, lenient 1607 to 1763, allowed light, lenient enforcement of mercantilist trade laws.enforcement of mercantilist trade laws.

►ProsperityProsperity and and growthgrowth

Salutary Neglect Salutary Neglect StopsStops

►Mercantilism Mercantilism again ! again ! . . . . . .

But now for real But now for real !!!!

MercantilismMercantilism

►The first form of international trade The first form of international trade theorytheory

►began around 1500 AD , lasted began around 1500 AD , lasted through the colonial era.through the colonial era.

►The theory behind Mercantilism was The theory behind Mercantilism was that measurement of a country’s that measurement of a country’s power was the amount of gold it was power was the amount of gold it was holdingholding

MercantilismMercantilism► it was important therefore, for a countryit was important therefore, for a country to to

export more than it imported export more than it imported in order to in order to gain gold from other countriesgain gold from other countries. .

►gold was used togold was used to fund armiesfund armies navies &navies & solidify the central government.solidify the central government.

►Under Mercantilism countries would restrict Under Mercantilism countries would restrict their imports and heavily subsidize domestic their imports and heavily subsidize domestic industries in order to increase their exports.industries in order to increase their exports.

Mercantilism Mercantilism

►encouraged countries to use their colonies encouraged countries to use their colonies exploitively in order to support the mother exploitively in order to support the mother county’s trade objectives.county’s trade objectives.

►colonies should supply raw materials and colonies should supply raw materials and low value goods to the colonizing country, low value goods to the colonizing country, not manufactured goods.not manufactured goods.

►Colonies were also forced to import the Colonies were also forced to import the higher value finished goods from the higher value finished goods from the mother country. mother country.

Mercantilist Acts Mercantilist Acts Protested by American Protested by American

ColonistsColonists► Sugar ActSugar Act 1764 1764► Currency ActCurrency Act► Stamp ActStamp Act 1765 1765► Townshend ActsTownshend Acts 1767 1767► Tea Act Tea Act 17731773

Do not even ponder the thought

of selling or trading goods without

the Royal Stamp

Those who choose to disobey

will be severely punished

In In ‘73 ‘73 We We Tossed their Tossed their TeaTea

into the into the

SeaSea

First Continental First Continental CongressCongress

still willing to pledge loyalty to King in still willing to pledge loyalty to King in Olive Olive Branch PetitionBranch Petition

issued detailed list of problems that issued detailed list of problems that colonies had with the British. colonies had with the British.

BeggedBegged the King to listen to us and to the King to listen to us and to Do something toDo something to help help usus

HE REFUSEDHE REFUSED

Coercive Acts or Coercive Acts or

""Intolerable” Intolerable” Acts Acts , , 17741774►Shuts down our Colonial LegislaturesShuts down our Colonial Legislatures

►Seals the port of BostonSeals the port of Boston

►Closes our courts & sets up unfair trialsCloses our courts & sets up unfair trials

►Sends troops & requires us to quarter Sends troops & requires us to quarter themthem

Revolutionary TimelineRevolutionary Timeline

► Coercive Acts or "Intolerable” Acts, Coercive Acts or "Intolerable” Acts, 17741774► First Continental Congress.First Continental Congress.

still willing to pledge loyalty to king in still willing to pledge loyalty to king in Olive Branch Olive Branch PetitionPetition

issued detailed list of problems that colonies had with the issued detailed list of problems that colonies had with the British. British.

► King rejected Olive BranchKing rejected Olive Branch

► hires & sends Hessian Mercenaries hires & sends Hessian Mercenaries

► Fighting breaks out in Lexington & Concord, Fighting breaks out in Lexington & Concord, MassachusettsMassachusetts

Steps on Our Road toSteps on Our Road to RevolutionRevolution

►““No taxation without representation.”No taxation without representation.”►Sons & Daughters of LibertySons & Daughters of Liberty►Boston Tea Party, December 16, 1773Boston Tea Party, December 16, 1773►Coercive Acts of 1774Coercive Acts of 1774►First Continental Congress, 1774First Continental Congress, 1774

Concord & Lexington, 17Concord & Lexington, 177575

Second Continental Second Continental Congress, May 1775Congress, May 1775

►Declaration of Declaration of IndependenceIndependence► July 1776July 1776

The Declaration of The Declaration of IndependenceIndependence

►Rooted in Rooted in Locke’s ideasLocke’s ideas Natural rights which are “inalienable.”Natural rights which are “inalienable.” ““Consent of the governed”Consent of the governed” Social Contract TheorySocial Contract Theory

►Slave trade issueSlave trade issue►““Free and Independent states”Free and Independent states”►““our lives, our fortunes and our sacred our lives, our fortunes and our sacred

honor”honor”►Treason!Treason!

Component Parts of Component Parts of

thethe Declaration of Independence Declaration of Independence1) Statement of Democratic Principles: 1) Statement of Democratic Principles:

all men are created equal;all men are created equal; all men have certain natural rights which include life, all men have certain natural rights which include life,

liberty, and property;liberty, and property; government gets its authority from the people government gets its authority from the people ("consent ("consent

ofof the governed"); the governed"); andand ““. . . . . . it is the Right of the People to alter or abolish" it is the Right of the People to alter or abolish" a a

govern ment . . . “govern ment . . . “when it becomes destructive to these when it becomes destructive to these ends."ends."

2) Statement of Grievances and Accusations2) Statement of Grievances and Accusations 3) Concluding Statement 3) Concluding Statement

► WE Break with England!WE Break with England!

Articles of ConfederationArticles of Confederation►RepublicRepublic►ConfederationConfederation

►Article II guarded Article II guarded statestate sovereigntysovereignty►Americans were fearful of any Americans were fearful of any

government that resembled Britain'sgovernment that resembled Britain's►Each state had one equal vote in Each state had one equal vote in

CongressCongress►No amendment of theexcept if No amendment of theexcept if

unanimousunanimous

Under the ArticlesUnder the Articles

Think Back . . .Think Back . . .► What are the What are the purposes of purposes of

government?government?

►Internal ORDERInternal ORDER►External SECURITYExternal SECURITY►Provide GOODS &Provide GOODS & SERVICESSERVICES►ECONOMIC REGULATIONECONOMIC REGULATION

Weaknesses of A of CWeaknesses of A of C►1) only a unicameral legislature 1) only a unicameral legislature ► no separation of powers.no separation of powers.►2) central gov’t was too weak since 2) central gov’t was too weak since

majority of the power rested with the majority of the power rested with the statesstates..

►3) Congress did not have the power to 3) Congress did not have the power to

Weaknesses of A of CWeaknesses of A of C

►4) to change or amend the Articles,4) to change or amend the Articles,

unanimousunanimous approval of the states was approval of the states was needed needed

►5) new laws had to be approved by5) new laws had to be approved by

9 of the 13 states9 of the 13 states►6) Congress didn’t have power6) Congress didn’t have power

to regulate commerceto regulate commerce

Calls for ConventionCalls for Convention

►Mt Vernon (1785)Mt Vernon (1785)► Annapolis (1786)Annapolis (1786)

Improve commercial regulation?Improve commercial regulation?

► Philadelphia (1787)Philadelphia (1787) ““sole and express purpose of revising the Articles sole and express purpose of revising the Articles

of Confederation”of Confederation”► ““While the While the DeclarationDeclaration was directed against was directed against

an excess of authority, the an excess of authority, the ConstitutionConstitution was was directed against anarchy.”directed against anarchy.” Justice Robert H. Justice Robert H. JacksonJackson

Disorder Under the Disorder Under the ConfederationConfederation

► Four BIG problems:Four BIG problems: National government could not regulate the EconomyNational government could not regulate the Economy

►No power to taxNo power to tax

No leadership/ directing power in governmentNo leadership/ directing power in government►The president was the presiding officer in CongressThe president was the presiding officer in Congress

No regulation of interstate and foreign commerceNo regulation of interstate and foreign commerce Articles could not be amended without the unanimous Articles could not be amended without the unanimous

consent of congress and the state legislatures.consent of congress and the state legislatures.

► This republic was in chaos!This republic was in chaos!► And then . . . And then . . . Shays RebellionShays Rebellion

Shays’ RebellionShays’ Rebellion

When When Shays’ Rebellion Shays’ Rebellion broke broke out, out, Sam Adams Sam Adams demanded demanded

passage of a Riot Actpassage of a Riot Act► prohibited prohibited 12 or more persons from 12 or more persons from

congregating together in publiccongregating together in public► empowered county empowered county sheriffs to kill rioterssheriffs to kill rioters► This is the Sam Adams who had, in the Declaration This is the Sam Adams who had, in the Declaration

of Independence, defended the right of a people of Independence, defended the right of a people to revolt;to revolt; Sam now Sam now reversedreversed himself : himself :

►"In monarchy the crime of treason may "In monarchy the crime of treason may admit of being pardoned or lightly admit of being pardoned or lightly punished, but punished, but the man who dares rebel against the laws the man who dares rebel against the laws of a republic ought to suffer death."of a republic ought to suffer death."