Declaration of Independence & The Articles of Confederation

Influences on American Gov’t Ancient Greeks & Romans: direct & representative democracy began here Magna Carta (1215): guaranteed English nobility trial by jury, due process of law, protections against the arbitrary taking of life, liberty, or property Parliament: began as advisory group to monarch, became lawmaking body of Britain Petition of Right (1628): extended Magna Carta to commoners; restricted monarch from taxing w/o consent of Parliament & limited military power of monarch English Bill of Rights (1689): Parliament & monarchy to guarantee free parliamentary elections, rights to fair & speedy trial, freedom from excessive bails & cruel punishment, right to petition a king, taxation w/o consent of Parliament was illegal

Enlightenment Philosophers ▫Montesquieu – need for branches of gov’t ▫John Locke – social contract – a voluntary agreement between gov’t and the governed  Wrote Two Treatises on Civil Government  Argued people are born w/ natural rights to life, liberty, and property  Believed gov’ts created to support those rights, but if the gov’t fails to do so, people may choose to change gov’t

Colonial Experiences Colonial Charters: each colony established from royal, proprietary, charters, each operating w/ executive, legislative, and judicial roles but authority depended on the charter House of Burgesses (1619): VA established 1 st representative legislature in colonies; adult male property owners could vote Mayflower Compact (1620): colonists on The Mayflower agreed to establish a gov’t based on ideas of consent of governed, limitations on the authority of gov’t

Difficulties with Britain: after French & Indian War ▫British gov’t expected colonies to pay for war & future defense  Began enforcing current taxes and levying new taxes ▫In response, colonies began to unite in effort to influence British gov’t & to express dissatisfaction Continental Congresses: ▫1 st Continental Congress (1774)  Resolved to send a Declaration of Rights to protest king’s policies ▫2 nd Continental Congress (1775)  First national gov’t  Created Continental Army, George Washington  Borrowed $ from France & Netherlands  Created monetary system  Made treaties w/ foreign gov’ts  Commissioned Declaration of Independence & Articles of Confederation

Declaration of Independence John LockeDeclaration Natural rights – “the state of nature has a law to govern it, which obliges everyone” Equality – “men being by nature all free, equal, and independent Natural law – “Laws of Nature and Nature’s God” Equality – “all men are created equal”

Major parts of the Declaration ▫The Philosophical Basis  Unalienable rights  Limited governments are formed receiving their powers from “the consent of the governed” ▫The Grievances  Makes the case against Great Britain  Taxation w/o representation  Unjust trials  Quartering British soldiers  Abolition of colonial assemblies  Mercantilism ▫The Statement of Separation  It is the right and duty of colonists to change the gov’t  *outcome of Revolution far from certain  Britain had the military, resources for a war effort  Colonists had knowledge of the land, leadership, desire

Leaders wanted to create a “Conservative Revolution” ▫Gov’t based on consent of the governed ▫Individual state gov’ts guaranteed citizens the rights they had under British rule ▫Decentralized power Societal Structure leaders created did not reflect equality ▫Unalienable rights assumed to apply to male white colonists only ▫Property was indicator of wealth & status a requirement for political office

Articles of Confederation 2 levels of gov’t ▫Weak national gov’t w/ 1-house Congress  Limited power to declare war, make peace, treaties  Foreign policy virtually nonexistent  Borrow $, but not tax states  States expected to volunteer “extra funds”  National army & navy but couldn’t draft soldiers  Post offices  No chief executive or national court system  Could not regulate commerce  Legislation passed by 2/3 majority  Revolutionary War veterans not paid for service  National credit in European banks collapsed

▫Dominant state gov’ts  Impose tariffs on each other & no central authority to settle the matters  Own currency in addition to national currency  State gov’ts often bankrupt w/ no place to turn for help  Refuse to amend Articles of Confederation (unanimous decision needed)  Refusing to recognize treaties made by national gov’t  Growing disputes between northern and southern states  Shay’s Rebellion in MA from over-taxing citizens

Successes: Land Ordinance to establish a survey system Northwest Ordinance abolished slavery in Northwest Territories Middle class developing on state level Small farmers began to dominate state politics Created broader political base & started beginning of opposing political parties (Federalists & Anti- Federalists)