The Nation’s First Governments Chapter 2 Section 3

Review… Colonial Self-Government

The House of Burgesses (1619) was the first form of government in the colonies. It developed in Jamestown, VA (1619)

Twenty-two men advised the governor of the colony Twenty-two men advised the governor of the colony. They also collected taxes for the governor.

The House of Burgesses had limited power but marked the beginning of self-government in colonial America

In Plymouth, the Mayflower Compact was their first governing document

On the Mayflower ship, 41 men crafted a written plan of government for their colony

The men agreed to govern the colony directly

This established the principle of direct democracy in New England

Town Hall meetings (where all the citizens meet to make decisions for the town) is a legacy of the Mayflower Compact in New England

This is still practiced in very small isolated communities in New England to this day!

Early State Constitutions

In 1776 the colonies began to organize as states and draft constitutions

Constitution – a written plan of government

The purpose of a constitution is to write out specifically the powers that the government has (and does not have)

By laying out specifically what the government can and cannot do, a constitution puts limits on the powers of government

Constitutional government is by nature limited government

A tyrant, dictator, or absolute monarch does not rule by constitution!

Just as an aside to illustrate this point, the first thing Adolf Hitler did when he came to power legally was to suspend the German constitution.

REVIEW… T first colonial constitution was the Fundamental Orders of Connecticut (1639) (Connecticut is The Constitution State) It was a Constitution for the colonial government of Hartford and was similar to the government Massachusetts had set up. However, this Order gave men more voting rights and made more men eligible to run for elected positions.

Each state constitution used the idea of separation of powers (legislature… governor… courts)

Legislature … law-making branch of government

A legislature is made up of representatives who represent various segments of the “people” (A representative could represent an entire state or a part of the state)

In sum… A legislature (or legislative body) is a law-making body In sum… A legislature (or legislative body) is a law-making body. A law-making body writes legislation (laws). A member of a law-making body is called a legislator (law-maker). A law-maker legislates (writes laws). Any questions?

Most state legislatures were bi-cameral… (two houses / two chambers), modeled after Parliament … House of Lords & House of Commons

Each state had an elected governor to carry out the laws This is the executive branch of government

An executive carries out or enforces the laws passed by the legislature

States also had their own judges and courts to interpret the laws

This is the judicial branch of government

The courts tells us what the laws mean by making rulings/decision based upon their interpretation of the law. Their rulings also tell us how to apply the laws.

Dividing government in three branches is called the separation of powers

A separation of powers makes it difficult for the governing authority to abuse its power … because power is diffused throughout the government. In other words, power is not concentrated in one branch or one person.

The other branches can check or limit the powers of the others The other branches can check or limit the powers of the others. This is called checks & balances.

These two mechanisms, separation of powers & checks and balances, make it extremely difficult for the governing authority to abuse its power and overstep its bounds

Another way to limit the power of government is to specifically list the rights that citizens have that the government cannot violate.

Most State Constitutions also included a Bill of Rights that listed the rights that citizens had in their state

However, most state constitutions made the legislature as the most powerful branch of government in their state (no checks & balances)

The Massachusetts constitution was different

It distributed power more evenly among the branches of government, and gave the governor and the courts the authority to check (limit/balance) the power of the legislature

The Massachusetts constitution would later become the model for the U The Massachusetts constitution would later become the model for the U.S. Constitution

The new nation needed a national government to handle problems that were too big for individual states

The Articles of Confederation

The Second Continental Congress adopted the Articles of Confederation

The Articles of Confederation created a loose alliance or league of independent states (A confederation is a loose alliance, or league, of independent states)

The Thirteen Articles of the Confederation

The 13 Articles of Confederation Establishes the name of the confederation as "The United States of America.“ Asserts the equality of the separate states with the confederation government, i.e. "Each state retains its sovereignty, freedom, and independence, …." Establishes the United States as a new nation, a sovereign union of sovereign states, a firm league of friendship with each other, united. . . for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, … Can only be altered by approval of Congress with ratification by all the state legislatures.

The 13 Articles of Confederation Establishes freedom of movement – anyone can pass freely between states. All people are entitled to the rights established by the state into which he travels. Allocates one vote in the Congress of the Confederation to each state, which was entitled to a delegation of between two and seven members. Members of Congress were appointed by state legislatures; individuals could not serve more than three out of any six years. Only the central government is allowed to conduct foreign relations and to declare war. No states may have navies or standing armies, or engage in war, without permission of Congress (although the state militias are encouraged).

The 13 Articles of Confederation When an army is raised for common defense, colonels and military ranks below colonel will be named by the state legislatures. Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the states based on the real property values of each. Requires nine states to approve the admission of a new state into the confederacy; pre-approves Canada, if it applies for membership.

The 13 Articles of Confederation Defines the powers of the central government: To declare war to set weights and measures (including coins), and for Congress to serve as a final judge for conflict between states. Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.

The Articles established a one-branch national government that was very weak

The Articles set up a unicameral (one-house) legislature called “Congress”; each state was given one vote

Bad experiences with British → desire for weak national government

The Continental Congress was given very few powers – declare war, raise an army, make treaties

The Articles of Confederation WEAKNESSES of the National Government

Lack of Power and Money – no power to collect taxes, no power to enforce laws, no power to regulate trade

Lack of Central Power – no executive branch (president); no judicial branch (Supreme Court or federal courts)

Rules too rigid – approval of 9 states needed to pass laws; approval of all 13 states to amend (change) Articles

Inability to collect taxes → Congress to borrow money to pay for the war → debt

Congress sold land west of the Appalachians to raise money

Northwest Ordinance (1787) – provided basis for governing this territory; set up a process to admit new states into the union

The primary effect of the ordinance was the creation of the Northwest Territory as the first organized territory of the United States (out of the region south of the Great Lakes, north and west of the Ohio River, and east of the Mississippi River)

Arguably the single most important piece of legislation passed by members of the earlier Continental Congresses other than the Declaration of Independence, the Northwest Territory established the precedent by which the United States would expand westward across North America by the admission of new states, rather than by the expansion of existing states

Shay’s Rebellion

States had also run up war debts → high taxes

Britain banned trade between U.S. and Caribbean colonies

Farmers were in debt because they could not sell crops → face losing their land

Daniel Shays (Mass. farmer) led 1200 farmers in an uprising

Massachusetts had to call out state militia to stop rebellion

Congress was powerless to help → calls for a stronger national government

Twelve states are going to send delegates to Philadelphia in the late spring of 1787 to revise the Articles of Confederation

LACK OF POWER & MONEY Congress had no power to collect taxes Congress had no power to regulate trade Congress had no power to enforce its laws

No national court system existed (Supreme Court or federal courts) LACK OF CENTRAL POWER No single leader or group directed government policy – no executive (president) No national court system existed (Supreme Court or federal courts)

Congress could not pass laws without the approval of 9 states RULES TOO RIGID Congress could not pass laws without the approval of 9 states The Articles could not be changed without the agreement of all 13 states

The 13 Articles of Confederation Defines the powers of the central government: to declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states Requires nine states to approve the admission of a new state into the confederacy; pre-approves Canada, if it applies for membership. Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.