Road to the Declaration of Independence

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Presentation transcript:

Road to the Declaration of Independence

What and where is this building?

What about these buildings?

Do you see similarities? Why?

Elgin Marbles

Elgin Marbles

Parthenon before its destruction

Athens lost its Marbles

Athens – the birthplace of democracy? Under Pericles - The democratic idea of a government responsible to the people trial by jury civil liberties of thought, speech, writing and worship* *excluding women, slaves and non citizens

Why Study the Government of England? England Controlled the thirteen colonies after the acquisition of New Amsterdam (New York) The colonists used a system that they knew! The U.S. system is rooted in the tradition of English Common Law

What is Common Law? A series of unwritten laws that have become law through Precedent (what have judges decided before?) Common usage History

Magna Carta – 1215 Signed by King John at Runnymede Ended absolute power of the King Originally rights provided to the barons (nobility) – eventually all persons inherit these rights Provided for: Due process Protection of life, liberty and property

Magna Carta

King John at Runnymede http://www.youtube.com/watch?v=CurTnOF4F6c

The Petition of Right 1628 Signed by Charles I Parliament refused to vote for more taxes for the King until he signed Provided for trial by jury No martial law in time of peace No sheltering of the King’s troops without the consent of homeowners

English Bill of Rights - 1689 Followed the Glorious Revolution of 1688 James II is ousted and his daughter Mary and her husband William of Orange are offered the crown in exchange for their signatures on the EBR Provided for (reiterated) No standing army in peacetime Free parliamentary elections Right of subjects to petition the Monarch Fair Trial No excessive bail or cruel or unusual punishment

John Locke – Second Treatise on Government By “Nature” all men are “free, equal and independent, no one can be put out of this estate and subjected to the political power of another without his own consent” “If man in the state of nature be so free . . . Why would he part with his freedom?” To join into the society of others for mutual preservation “the great and chief end, therefore, of men uniting into commonwealth, and putting themselves under government, is the preservation of their property. . .

John Locke on tyranny and the dissolution of government There is a social contract between people and their government Uses words of King James I – “a lawful King doth directly differ from a tyrant” If a government is tyrannical then it is the right of the people to establish a new government

Colonists move to the New World Plymouth Plantation – 1620 Jamestown - 1607

Charters for the New World Each included the guarantee that those sailing for the New World and their heirs would have "all the rights and immunities of free and natural subjects."

Writs of Assistance - The Crown attempts to prevent smuggling Writs of Assistance – writs began to be enforced in the colonies in 1760 Gave holder of the writ the ability to search any home without probable cause Used to stop smuggling – but were used arbitrarily – colonists believed this violated their rights because there was no due process

Stamp Act - 1765 Stamp Act 1765 – Taxes must be paid on paper goods, legal documents, newspapers, and dice American colonists believed that it violated their rights as Englishmen as it amounted to “taxation without representation”

Quartering Act The Quartering Act – American colonists had to provide room and board to British soldiers Items required to be provided: bedding, candles, firewood, Ale or cider Why were colonists so opposed to this act if they didn’t mind billeting soldiers during the French and Indian War?

British Army Occupies Boston - 1768