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Essential Questions What ideas did we take from England to create our nation? Why is the Magna Carta so important in the history of government? Compare Petition of Right v. E. Bill of Rights Compare Mayflower compact v. Fundamental Orders of CT. The Declaration of Independence was created to say what to the world? Why did the Articles of Confederation fail? What is the difference between separation of powers and checks and balances? Why is the Constitution based on fear?
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Foundations of American Government
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FOUNDING DOCUMENTS/ IDEAS
MAGNA CARTA PETITION OF RIGHT ENGLISH BILL OF RIGHTS DECLARATION OF INDEPENDENCE ARTICLES OF CONFEDERATION PREAMBLE TO THE CONSTITUTION CONSTITUTION
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The Magna Carta Signed by King John in 1215
Created by English barons to put limits on the once absolute power of the King. Guaranteed certain fundamental rights for the privileged, such as trial by jury and due process of law. Over time, these rights were extended to all English people. NOTE TO TEACHERS: In above image, King John signs the Magna Carta, limiting his own power.
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The Petition of Right The Petition of Right was signed by King Charles I in 1628. Banned the king from imprisoning or punishing people without first following the laws of the land. Kept the king from declaring military rule in times of peace or making people house soldiers. Required the consent of Parliament for taxation.
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The English Bill of Rights
The English Bill of Rights was drawn up by Parliament in 1689 to prevent the abuse of power by all future monarchs. Required the consent of Parliament for taxation and suspension of laws. Promised the right to a fair trial, and to petition the monarchy to correct injustices. Checkpoint Answer: These “limitations” can also be seen as rights. They include the right to trial by jury, to due process, to bear arms, and to petition, as well as freedom from cruel and unusual punishment and excessive bail or fines.
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Colonial Governments The first settlers in North America were not on a mission to establish a democracy. Settlers brought their heritage, values, and beliefs, which were rooted in the ideas of the British system. They came to North America with the ideas of individual rights, limited government, and representation, and of course, to live without the authority of a monarch.
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Between 1607 and 1733, England established colonies in present-day North America. Each English colony had its own government consisting of a governor, a legislature and a court system. Each colony also operated under some written agreement as to how the colony would function. Several examples include:
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The Mayflower Compact Signed by the Pilgrims in This is the first colonial plan for self-rule. It said that the Pilgrims would choose their own leaders and they would make their own laws that all were to follow. These laws would be designed to benefit all of society.
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Fundamental Orders of Connecticut
Puritans who left Plymouth drew up the first formal constitution in the colonies. This was called the Fundamental Orders of Connecticut and it laid out a plan for government that gave the people the right to elect the governor, judges and representatives to make laws. The first legislature in the colonies was the House of Burgesses, but before long, all colonies had a legislature that worked to create laws. The colonial governments also had separation of powers. The governor was the supreme authority in the colony, the legislature worked to make laws and the courts worked to enforce the laws.
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American Rights This chart compares the rights guaranteed by the Magna Carta and the English Bill of Rights with the freedoms listed in the Virginia Bill of Rights and the Bill of Rights in the U.S. Constitution. Feature Question Answer: The right to petition ensures that abuses of power can be made public and that citizens have the right to bring any abuses to the attention of the monarchy, making their voices heard and raising public awareness of injustices.
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The Declaration of Independence
Grounded On “The Laws Of Nature And Nature’s God.”
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Rights In The Declaration Of Independence
We Hold These Truths To Be Self-evident That All Men Are Created Equal, That They Are Endowed By Their Creator With Certain Unalienable Rights, That Among These Are Life, Liberty, And The Pursuit Of Happiness--- That To Secure These Rights, Governments Are Instituted Among Men,
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Rights In The Declaration Of Independence II
Deriving Their Just Powers From The Consent Of The Governed That Whenever Any Form Of Government Becomes Destructive Of These Ends, It Is The Right Of The People To Alter Or To Abolish It, And To Institute New Government, Laying Its Foundation On Such Principles, And Organizing Its Powers In Such Form, As To Them Shall Seem Most Likely To Effect Their Safety And Happiness.
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The Articles of Confederation
As you know from US History, the first attempt at government in the US was the Articles of Confederation, ratified in 1777. The Founders' fear of a central government that was too strong left the new United States as merely a "League of Friendship" between the states.
When Daniel Shays led a revolt over taxes in Massachusetts in 1787, it became obvious the Articles needed to be fixed.
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Weaknesses of the Articles
Federal Government had no power to tax No power of the Federal Government to regulate interstate trade No Federal court system No real power was given to the President Required the consent of all the states to amend the Articles Congress could not draft troops 9 of the 13 states had to agree to pass any laws
You can see from this list above that the federal government had no power to hold the country together. The Founders realized that changes had to be made.
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Constitutional Convention
The Constitution is a document based on fear. So, what were the Founders afraid of? The Founders were afraid after the Revolution that the National government would be too strong. They were afraid of replacing a tyrant in England with a tyrant here at home. This is why the Articles of Confederation made the federal government so weak. The problem was that the Articles made the federal government too weak to hold the country together.
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Preamble To The Constitution
We The People Of The United States, In Order To Form A More Perfect Union, Establish Justice, Insure Domestic Tranquility, Provide For The Common Defense, Promote The General Welfare, And Secure The Blessings Of Liberty To Ourselves And Our Posterity, Do Ordain And Establish This Constitution For The United States Of America.
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Essential Questions What ideas did we take from England to create our nation? Why is the Magna Carta so important in the history of government? Compare Petition of Right v. E. Bill of Rights Compare Mayflower compact v. Fundamental Orders of CT. The Declaration of Independence was created to say what to the world? Why did the Articles of Confederation fail? What is the difference between separation of powers and checks and balances? Why is the Constitution based on fear?
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