Constitutionalism.  The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property. 

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Presentation transcript:

Constitutionalism

 The state must govern according to the laws.  People expect the constitution to protect their rights, liberties, and property.  Const. Monarch = ruler is the head of state but the ultimate power rests in the electorate.  Constitutionalism does not = democracy!

Queen Elizabeth is the last Tudor monarch. She has no children.

Tomb of Mary and Elizabeth

Effigy on top of Elizabeth’s tomb

Elizabeth’s cousin King James VI of Scotland becomes King James I of England James begins the reign of the Stuart dynasty. r

The Stuart Monarchy

Decline of Absolutism  The Stuart kings lacked the political wisdom of Elizabeth.  James I believed in Divine Right of rule. Wanted total control over the English. This angered the House of Commons.  James’ mismanagement of $ and poor choices weaken the respect for the monarchy.

 House of Commons wanted a greater say in governing the state.  Charles I ruled without Parliament from  Between 1603 and 1640 arguments arose between the crown and House of Commons over taxation.

Problems in the Church of England  Many English were attracted to Calvin’s values of hard work, thrift, and self-denial. They wanted to purify the church of Catholic elements. These people were called Puritans.  Puritans saw James I as an enemy as he and his son Charles I appear to be pro- Catholic.

King James Bible 1611

Charles I r

King Charles I  The people didn’t like Charles I. They thought he was dishonest and treacherous.  He ruled without Parliament for 11 years. He had to call them back when he needed money for an army. As a result: House of Commons passes Triennial Act House of Commons passes Triennial Act King forced to sign Petition of Right King forced to sign Petition of Right H of C doesn’t trust Charles with an army H of C doesn’t trust Charles with an army

The Petition of Rights, 1628

Petition of Right  The king can’t imprison subjects without due cause.  He can’t levy taxes without consent of Parliament.  He can’t house soldiers in private homes without consent.  King can’t impose martial law in peace time.

 Charles basically ignored the Petition but it was a significant idea. It set forth the idea that the law was higher than the king. Contradicted the theories of absolute monarchy. It set forth the idea that the law was higher than the king. Contradicted the theories of absolute monarchy. Video\ The_Petition_of_Right.asf

As a result:  Charles I initiated military actions against Parliament.  Cavaliers (royalists) support the king.  Parliamentarians (roundheads) support Parl.

English Civil War  War revolved around the issues of whether sovereignty should reside in the king or parliament. The problem is not resolved with the end of the war or the death of the king.  Charles I charged with treason and put on trial. He is found guilty and beheaded. Never before had a king faced a public trial and execution.  The monarchy was abolished in 1649 and a commonwealth was proclaimed.

Civil War ( ) Royalists (Cavaliers) Parliamentarians (Roundheads) a House of Lords a N & W England a Aristocracy a Large landowners a Church officials a More rural, less prosperous †House of Commons †S & E England †Puritans †Merchants †Townspeople †More urban, more prosperous

The execution of King Charles I

Cromwell looks inside the coffin of Charles I

Execution of Charles I Video\King_Charles_is_Beheaded.asf

 A commonwealth is a gov’t without a king whose power rests in Parliament and a council of state.  The army actually controlled the government and Cromwell controlled the army.  The rule of Cromwell was called the Protectorate but was really a dictatorship.

  Cromwell was absolutist and Puritanical. He allowed religious toleration for all Christians except Catholics.   Military gov’t ended when Cromwell died in By now the English are ready to restore the monarchy.   The restoration of the monarchy in 1660 failed to solve the problems of religion and the relationship between the king and parliament.

King Charles II [ r ] a Had charm, poise, & political skills. a Restored the theaters and reopened the pubs and brothels closed during the Restoration. a Favored religious toleration. a Had secret Catholic sympathies. a Realized that he could not repeat the mistakes his father had made.

Charles_II_Takes_the_Throne.asf

King Charles II [ r ] a 1661  “Cavalier” Parliament [filled with Royalists]  Disbanded the Puritan army.  Pardoned most Puritan rebels.  Restored the authority of the Church of England. a 1662  Clarendon Code [Act of Uniformity]  All clergy & church officials had to conform to the Anglican Book of Common Prayer.  It forbade “non-conformists” to worship publicly, teach their faith, or attend English universities.

King Charles II [ r ] a 1673  Test Act  Parliament excluded all but Anglicans from civilian and military positions. [to the Anglican gentry, the Puritans were considered “radicals” and the Catholics were seen as “traitors!”] a 1679  Habeas Corpus Act  Any unjustly imprisoned persons could obtain a writ of habeas corpus compelling the govt. to explain why he had lost his liberty.

 Charles II pro-French policies led to anti- Catholic fear.  James II (Catholic) succeeds his brother. He violated the Test Act by appointing Catholics to university and government positions.  James’ son (a Catholic heir) is born in 1688 causing a fear of a new Catholic dynasty.

King James II – the last Stuart King

 James is forced from the throne by his son-in- law William of Orange. There is little blood shed in the Glorious Revolution.  William and Mary are installed on the throne by Parliament ending the idea of Divine Right monarchy.  They are a Constitutional monarchy and Parliament is their partner in governing.

The “Glorious” Revolution: 1688 a Whig & Tory leaders offered the throne jointly to James II’s daughter Mary [raised a Protestant] & her husband, William of Orange.  He was a vigorous enemy of Louis XIV.  He was seen as a champion of the Protestant cause.

English Bill of Rights .  Passed in 1689 and showed the limits of royal power. Parliament is sovereign.   Not a list of rights like the American Bill of Rights   Justified the ouster of James II and the Catholics during the Glorious Revolution   Established checks and balances for the king   Parliament becomes dominant force in English government Video\The_Glorious_Revolution_and_the_English_Bill_of_Rights.asf

English Bill of Rights [ 1689 ] a Main provisions: 1. The King could not suspend the operation of laws. 2. The King could not interfere with the ordinary course of justice. 3. No taxes levied or standard army maintained in peacetime without Parliament’s consent. 4. Freedom of speech in Parliament. 5. Sessions of Parliament would be held frequently.

6. Subjects had the right of bail, petition, and freedom from excessive fines and cruel and unusual punishment. 7. The monarch must be a Protestant. 8. Freedom from arbitrary arrest. 9. Censorship of the press was dropped. 10. Religious toleration.