Road to Independence Even though the colonists decided on creating a new country, and government, many of the rights that citizens in the U.S. enjoy today can be traced to Great Britain. In Great Britain – monarchy’s ruled for hundred’s of years. When King John inherited the throne in 1199, the nobles revolted in 1215 and forced the King to sign the Magna Carta. This charter secured the rights to all land owners, which included equal treatment under the law, and trial by one’s peers.
The Magna Carta was a contract that limited the power of the monarch by guaranteeing that no one would be above the law. We call this Rule of Law. Henry III met with Nobles regularly, and eventually this group of men included representatives from the church and common people. They came to be a legislature, known as Parliament. King James II in late 1600’s wanted to regain the absolute power of the monarchy. Parliament removed him from the throne and placed William and Mary as King/Queen. This was called the Glorious Revolution. They agreed before accepting the throne of Great Britain to sign the English Bill of Rights.
The English Bill of Rights stated: the monarch couldn’t suspend the parliament, create special courts, impose taxes,or raise an army without the parliaments consent. Members of Parliament would be freely elected and be guaranteed free speech during meetings, every citizen would have the right to a fair trial by jury in court cases, and that cruel and unusual punishment would be banned.
Common Law - In the early days England had no written laws, customs became laws that people lived by. Later the court’s (judges) decisions became the law. Judges would look at past court cases, to see the rulings in a similar case (precedent), to decide on the case in the present. That way the rulings would remain the same, without written laws. The judges rulings became the law. The system of law based on precedent and customs is Common Law. Our civil laws are based on the common law system.
Bringing England to America Between England was busy creating colonies in America. The first permanent settlement was Jamestown in Founded by the Virginia Company with a charter from King James. Charters gave companies or groups the right to land and authority to govern setting up a colonial government.
Virginia House of Burgesses In 1619 the colonists chose 2 representatives from each county to meet with the governor and his council. These 22 men were called the Burgesses, they formed the first representative legislature in the American colonies.
Mayflower Compact In 1620, the pilgrims arrived in America. They built a settlement called Plymouth, in what is known as Massachusetts today. The pilgrims knew that they needed rules to govern themselves if they were to survive. Before the left the boat they drew up a written plan for government called the Mayflower Compact. All 41 men on board signed the document. It stated that the government would make just and equal laws that would be for the general good of the colony. The Signers pledged to obey the laws in a direct democracy, where all would vote, and the majority would rule. By colonies stretched from Massachusetts to Georgia. Each new colony set up their own government. These governments gained more and more power.
Rebellion First Continental Congress 1774: Americans began demanding more rights, colonists had been self-governing for a long time. In 1760 King George III began imposing restrictions and a tighter grip on the American colonies to make up the debt from the French-Indian War. Mercantilism: a country should sell more goods to other countries than it buys. Colonists had to sell raw materials to G.Britian very cheap, and buy British goods at higher prices.
Stamp Act 1765 Boycotted British Goods – Britain repealed the Stamp Act in Declaratory Act 1766– parliament had the right to tax colonies in all cases Townshend Act 1767-taxed all items imported to the colonies Tea Act 1773 Coercive Acts/ Intolerable Acts – restricted rights to colonies including right to trial by jury First Continental Congress 1774 – lasted 7 weeks (all but Georgia attended) sent a letter to the King – King responded with force Lexington and Concord, the first battles of the revolution Second Continental Congress 1775 “Common Sense” by Thomas Paine 1776 Committee picked to write the Declaration Of Independence: Thomas Jefferson wrote the majority of the document, influenced by the philosophies of John Locke (government is based on a social contract between the people and their rulers, if government misuses its power, the people have the right to rebel)
Nations First Government States began developing constitutions for themselves, written plans for government. –Legislatures were bicameral – divided into two parts or two houses. Members were chosen differently in each state. The Massachusetts Constitution is the only one still in effect today.
Articles of Confederation The colonies were anxious to govern themselves, but knew they needed to have a central government that would keep a single strong army under central control. They needed this to defeat the British. The Continental Congress drafted the Articles of Confederation in 1777, the first constitution of the United States of America.
Weaknesses of Articles of Confederation By 1781 all the States had ratified the Articles but it became clear quickly that they were not going to work. –Congress couldn’t pass a law unless 9 states voted in favor. –Amendments had to have a unanimous vote –Congress couldn’t enforce laws –Unable to collect taxes –Couldn’t regulate trade –No national court system –No single leader or group directed government policy
War Debt/ State Debt The states accumulated a lot of debt during the American Revolution. They taxed the citizens very heavily, putting farmers out of business and taking their farms. The states also taxed goods from state to state, and foreign countries. Farmers started riots throughout the country: Daniel Shay – Shays Rebellion: led 1200 farmers against a federal arsenal. The riot was stopped, but the event was the point that political leaders needed to argue for stronger government states sent delegates back to Philadelphia to revise the Articles of Confederation