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Influenced by English government, settlers brought history of limited government English Traditions 1215 Magna Charta- placed limits on kings power, right to jury trial, equality under law Advisors to king eventually became Parliament (a representative, lawmaking body) 1689 English Bill of Right s
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1) Parliament supreme power 2) Monarch had to summon Parliament regularly 3) Parliament had power over money 4) Monarch could not interfere with Parliament 5) Guaranteed trial by jury 6) Principle of habeas corpus- person could not be held in jail unless charged with specific crime
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Common Law and Precedent No written laws in early England Custom had force of law System based on precedent and custom- common law Courts decisions became basis of laws Judges decided cases, used precedent (ruling from an earlier case that was similar) to make consistent ruling
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Equity Law- system of rules to resolve disputes on fairness Statutory Law- based on laws made by legislative bodies
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Representative Government 1600’s, 1700’s English settlers bring political traditions to colonies Charters- gave colonists right to est. governments, guaranteed colonists rights of Englishmen 1619 House of Burgesses 1 st representative assembly in America 1620- Mayflower Compact set up government with majority rule, established direct democracy in America
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Town Meetings Tradition of direct democracy Citizens held meeting to discuss problems and issues Fundamental Orders of Connecticut Americas first written constitution Called fro an assembly of elected leaders to make laws, called for the election of judges and governor
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Philosophical Influences Locke’s idea of natural rights The idea of the social contract Agreement among the people of a society to give up some of their freedom in exchange to have their natural rights protected by a government Separation of Powers government was divided into three branches so one group or person could not have too much power Ideas of the Enlightenment Human reason and universal laws (i.e. natural rights) applied to human government and society
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Colonial Resistance to Rebellion Separated from Great Britain by an ocean, American developed tradition of self government By 1733 all 13 colonies had own government Governor, legislature Colonies began to make more of their own decisions w/o help from Britain Mid 1750’s British policies change, took a more active role in lives of American colonists
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After French & Indian War, Britain places taxes on colonies to pay for war Stamp Act “No taxation without representation!” Colonies boycotted, led to beginning of end to British rule Declaratory Act (1766) British could make all decisions for colonies Townshend Acts (1767) Glass, tea, lead, paper Colonists boycott Tea Act of 1773 led to Boston Tea Party 1773 Coercive or Intolerable Acts- restricted legal rights, allowed British soldiers to search homes
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Movement Toward Independence Colonists band together against Intolerable Acts First Continental Congress 1774, 12 colonies sent delegates to Philadelphia establish political body to represent American interests and challenge British control Sent a document to King George III demanding rights of colonists be restored, extend boycott
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King George responded with force War begins in Mass. Colonists question British loyalty People talk about independence 1775 Second Continental Congress Common Sense by Thomas Paine published, provided rationale for independence January 1776 called for complete independence
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Congress appoints committee to write a document to announce the colonists independence Thomas Jefferson main writer Declaration of Independence – A. rights of individuals B. purpose of gov’t to protect people’s rights C. Gov’t based on people’s consent D. People entitled to overthrow gov’t E. Abuses of King George III July 4, 1776 approved by Continental Congress 1782 Americans defeat British
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Inspired by Enlightenment ideas, questioned traditional roles of government and society John Locke 1. People had natural rights- life, liberty, property 2. Gov’t has obligation to people 3. Best government is limited 4. Idea of popular sovereignty- freely elected government
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