1. Lesson 5:     What Basic Ideas about Rights and Constitutional Government Did Colonial Americans Hold?

2. Lesson 5 Purpose
This lesson describes how basic ideas of Constitutional government were developed and used in the American colonies before independence.
It also explains how social and economic conditions in America sometimes required old ideas about government to be adapted or discarded.
Occasionally the colonists needed to create entirely new institutions.

3. Lesson 5 Terms & Concepts
Charter
A written document from a government or ruler that grants certain rights to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land.
Constituent
A person represented by an elected official.
Covenant
A binding agreement made by two or more persons or parties. In Protestant churches during the Reformation, a covenant was an agreement made in the sight of God. The Mayflower Compact was such a covenant.
Indentured Servant
A person who voluntarily sold his or her labor for a set period of time in return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century.

4. Lesson 5 Terms & Concepts (Continued)
Magistrate
A lower-level judicial officer, usually elected in urban areas, who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official.
Mayflower Compact
An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony."
Suffrage
The right to vote.

5. Lesson 5 Objectives
Describe the early development of America’s traditions of constitutional government.
Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government.
Evaluate, take, and defend position on
The differences between life in colonial American and in England during the same period.
The relationship between natural rights theory and slavery in America
How natural rights philosophy and history help to explain the colonists’ views of the proper role of government.

6. Colonial Settlements = Constitutional Experiments
England provided two incentive plans for settlers
Royal Proprietorship (11 of 13 colonies)
Land given to friends of the king
Proprietors then found ways to lure settlers to their colony
Joint-Stock Company (Virginia)
Land given to companies in order to generate profits (business)
Mayflower Compact
Pilgrims lay foundation for Massachusetts gov’t
Early example of social contract theory

7. The Unique American Experience
Higher wages and more land available
Colonists ignore many English land customs (primogeniture: land passed down to eldest son)
Wealth & family name did not mean automatic success / Ambition & hard work as, if not more, important for success
The chance to improve one’s life became a fundamental ideal of America

8. The Rights of Colonial Charters
Many royal charters (written documents that granted rights) echo ideals of Magna Carta
Tradition of expressing rights in writing became an essential part of American constitutions
Examples of rights granted
Habeas Corpus
Trial by Jury
Right to own property
Avoid self-incrimination
Free from cruel & unusual
punishment

9. Whose Rights Were Excluded?
In some colonies the following rights were restricted
Only Protestant White Men could vote
Women not granted political rights
½ to 2/3 immigrants were indentured servants (similar to slavery until period of indenture ended)
Native Americans treated as foreigners, often removed from land
African slavery
% of population
Treated as property, denied basic human rights

10. Colonial Ideas of Constitutional Gov’t
Fundamental Rights
Started as fundamental rights of Englishmen
Developed into protections under natural rights philosophy
Rule of Law
Government official must obey the laws and could not exercise power arbitrarily
Separation of Powers
Legislatures – Make laws
Governors - Enforce laws
Courts – Interpret laws

11. Colonial Governments: More Representative Than Britain?
Property requirements for voting
Land in American relatively easily to obtain, so % of eligible voters larger than in England
Colonial legislatures served shorter terms, meaning more voter choice
Members of colonial legislatures needed to live in the district they represented, unlike England

12. Lesson 6:     
Why Did American Colonists Want to Free Themselves from Great Britain?

13. Lesson 6 Purpose
The growth of the American colonies raised issues with Great Britain that were difficult to resolve peacefully.
This lesson describes the circumstances that produced the Declaration of Independence and the major ideas about government and natural rights included in that document.

14. Lesson 6 Objectives
Describe the British policies that some American colonists believed violated basic principles of constitutional government and their rights as Englishmen.
Explain why Americans resisted those policies and how that resistance led to the Declaration of Independence.
Evaluate the arguments that the colonists made to justify separation from Great Britain.
Evaluate, take, and defend positions on
Violations of colonists’ rights before the Revolution.
Important questions about the meaning and implications of the Declaration of Independence.

15. Lesson 6 Terms & Concepts
Compact
A formal contract or agreement between or among two or more parties or states. (ex. The Mayflower Compact of 1620)
Law of Nature
In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling persons what they may and may not do in various circumstances. In philosophy, laws of nature have often referred to the rules that would prevail in the absence of man–made law. Natural law is conceived to contain standards of justice that apply to all people.
Sovereignty
The ultimate, supreme power in a state. Democratic theory states that the people as a whole are sovereign; the citizens of the United States constitute the sovereign people.
Writ of Assistance
A document giving a governmental authority the power to search and seize property without restrictions. Abolished in American law, the use of such writs by the British government was a major issue during some phases of the American Revolution.

16. A Change in British Policy
Generations of colonists had little interference from British government in their daily affairs.
However, in 1763
Britain wants colonists to help pay for war w/ French (7 Years War, )
Proclamation Act ‘63– Bans colonial settlements west of Appalachians
Stamp Act ’65 – New taxes on colonists to raise revenue
Quartering Act ‘65 – Required colonists to shelter British troops in their homes

17. Colonial Resistance
New restrictions & taxes caused some economic hardship & challenged colonists’ understanding of representative government.
“No taxation w/o representation.”
Sons of Liberty help organize popular resistance.
Rarely used violence, but political agitation precipitated crowd action.

18. Colonial Resistance (Continued)
’66 – Parliament repeals Stamp Act, but passes Declaratory Act, which asserts Britain's full power & authority over colonies.
Parliament offers Writs of Assistance to officials to search & seize colonial property.
‘70 – Clash between British Troops and colonists, 5 colonists killed (Boston Massacre)
’73 – Colonists protest Tea Act by dumping 45 tons of tea into Harbor (Boston Tea Party)
British Respond with “Intolerable Acts”
Closed Boston Harbor, granted more power to Royal Governors, limited town meetings, authorized British troop occupation

19. Organized Resistance
‘74 – Colonial representatives meet in Philadelphia , vote to ban trade w/ Britain (1st Continental Congress)
Radical colonists plan to overthrow gov’t since it no longer protected colonists’ rights. (Minutemen)
‘75 – British march to Concord, MA to seize hidden arms & ammunition & arrest Patriot leaders
Revere rides through countryside
warning that …
“Shot heard round the world…”
REVOLUTION BEGINS!

20. Purpose of the Declaration
Continental Congress appoints committee to prepare a declaration of independence from Britain
Jefferson’s draft rejects the British government’s sovereignty over the colonies
The Founders knew it was important to justify this action to other nations and to identify the basic principles of a legitimate government

21. The Declaration’s Main Arguments & Ideas
The Declaration renounces the monarchy and appeals to natural rights common to all
Asserts ideal of popular sovereignty
Natural Rights
Constitutions & governments cannot violate them
Social Contract
Human Equality
Humans are politically equal, neither God nor nature appointed some at birth to rule over others
Government by Consent
People grant consent to gov’t to protect natural rights

22. The Declaration’s Main Arguments & Ideas
“A Long Train of Abuses”
Destroying colonial legislatures
Limiting role of colonial judges
Keeping standing British armies in peacetime
Quartering soldiers among civilian population
Imposing taxes without colonial consent
Depriving colonists trial by jury
Changing constitutions of colonial government
Right of Revolution
If British government has become corrupt and fails to perform its proper duties, colonist have right to establish their own free and independent nation

23. Lesson 7:     
What Basic Ideas about Government and Rights Did the State Constitutions Include?

24. Lesson 7 Purpose
After declaring Independence, the Founders designed new state government to protect individual rights and promote the common good
This lesson shows how the Constitution of Massachusetts in particular was designed to achieve these ends.
It also shows how State constitutions served as a model and had great influence on the development of the U.S. Bill of Rights.

25. Lesson 7 Terms & Concepts
Checks & Balances
In American constitutional thought, distributing and balancing the powers of government among different branches so that no one branch or individual can completely dominate the others.
Legislative Supremacy
A system of government in which the legislative branch has ultimate power. Parliamentary government is such a system.
Veto
The right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment. Under the U.S. Constitution, it is the power of the president to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law

26. Lesson 7 Objectives
Explain the basic ideas about government and rights that are included in state constitutions.
Explain how the experiences of the states in developing their constitutions and bill of rights influenced the framing of the US Constitution and Bill of Rights.
Evaluate, take, and defend positions on
The theory of legislative supremacy.
The importance of the Virginian Declaration of Rights, and the role of declaration of rights in early state constitutions.

27. The Colonies’ Status Following the Declaration
States were not yet a “country,” only united by fight against Great Britain
Between ‘76 – ’80, each stated adopted a new constitution
All based upon natural
rights, rule of law,
republicanism, and
constitutional gov’t

28. Basic Ideas of State Constitutions
Higher Law and Natural Rights
Constitutions limit governmental power
Purpose of gov’t is to protect natural rights
Social Contract
Each constitution created through an agreement w/ the people
Popular Sovereignty
Ultimate governing authority rests with the people
Representative Government
All legislature composed of representative elected by voters

29. Basic Ideas of State Constitutions
Legislative Supremacy
Legislatures (makes laws) most powerful branch
Leg. Most capable of reflecting will of the people
Executive (enforces laws) is less accountable to people and should not be trusted with too much power
Judiciary (judges) should not be trusted w/ too much power either
Checks & Balances
Parts of each legislature checked (limited) power of other
Usually done through multiple houses (House of Reps & Senate)

30. How Did Massachusetts Differ?
Strong Executive
Governor popularly elected
Governor’s salary was fixed (could not be changed by Leg.)
Governor could revise laws, appoint Leg. officials and judges
Representation of Various Economic Classes (Classical Republicanism)
Large Property Owners = Can elect governor (Executive)
Mid-level “ “ = Can elect upper house members (Legislative)
Low-level “ “ = Can elect lower “ “ “ “ “ “

31. The Virginia Declaration of Rights
Listed specific rights of the people, including:
Freedom of the press
Rights of criminal defendants
Gov’t cannot deprive natural rights
All power is derived & kept by the people
Gov’t is instituted for common benefit, protections, and security. If not, it can be abolished. (Class. Repub., Social Contract)
Freedom of religion