Origins of American Government The Historical Context of the Creation of the US Constitution

13 British Colonies British traditions of government –ordered, limited and representative 3 Important Documents Magna Carta-1215 trial by jury due process private property

Petition of Right 1628 Parliament demanded: –right to a lawful trial –no martial law in times of peace –no quartering of soldiers –taxes approved by Parliament

English Bill of Rights 1688 no cruel punishment no excessive bail or fines right to bear arms right to petition

Judeo-Christian Influence All are equal in the eye’s of God An individuals can have a direct connection with God.

Colonial Governments Royal Colonies Proprietary Colonies Charter Colonies legislative assemblies subject to London in theory; self-governing in practice

the Coming of Independence Growing attempts by Parliament to intervene in American affairs –restrictive trade laws –direct taxation Growing Colonial Unity/Identity –1643 New England Confederation –1754 Franklin’s Albany Plan

Stamp Act Congress –1770 “Boston Massacre” –1772 Committees of Correspondence –1773 “Boston Tea Party” 1 st Continental Congress –response to the “Intolerable Acts” petition boycott prepare to arm

2 nd Continental Congress Declaration of Independence functions as government during the war –raised army/navy –borrowed money –bought supplies –created a currency –made treaties called on states to create state constitutions

Characteristics of State Constitutions popular sovereignty- governments are empowered by/with the consent of the governed limited government- weak executive power, many restrictions on government action civil rights and liberties- governments had to respect “inalienable rights” of individuals separation of power and checks and balances- prevented too much power in the hands of any one or few

Characteristics of State Constitutions generally brief legislative branch was the most powerful –terms were short – 1-2 years suffrage was limited –adult, white men, property-owners Massachusetts State Constitution 1780-oldest functioning constitution in the world

1 st written national constitution Articles of ConfederationArticles of Confederation was approved by the 2 nd Continental Congress and ratified by all 13 states by “a firm league of friendship”

textbook, The Critical Period pages Read carefully and prepare a graphic organizer….

The Articles of Confederation textbook, The Critical Period pages The Articles of Confederation How was the government to be structured? What powers were given to Congress? What obligations did states have? What were the weaknesses of the document?

Revolutionary War ended 1781 –huge war-time debt more than $60,000,000 –excluded from British trade empire –not recognized by foreign governments –devalued currency inflation –shipping no longer protected by British navy Squabbling States

states are independent and competitive –militias –currency –foreign treaties –trade barriers –boundary disputes

Shays Rebellion 1786

Calls for Reform Mt Vernon meeting encourages Virginia General Assemble to call for a joint meeting of all states to discuss trade. Constitutional ConventionAnnapolis meeting calls for a meeting in May of 1787 in Philadelphia which will become the Constitutional Convention

Simulation Scenario The Administration and School Board have been “overthrown”. No central authority exists. Teachers have been stripped of their power of “authority” but are not required to stay. All young people under the age of 19 must remain on campus 8 hours a day. At age 19, you are no longer allowed on campus. All jobs require schooling beyond high school and entrance to such schooling is exceedingly competitive.

Consider the following: Are there rights? –How will they be assured? What are the important values to be protected? How will the individual’s voice be heard? How will the peace be kept? Who will rule? Who will mediate conflict? Who will carry out the rules? What obligations does the individual have? Will educational services be provided? –How?

Constitutional Convention Your group may send up to 3 delegates. Task: Create a document that will serve as the basis for law and that will establish the structure of the new government. –Include: Purpose of document; statement of principles Structure of the government Distribution of power