Odds & Ends

Part 2: Foundations of American Government

Getting the Picture:

Good Movies and Books on the Subject!

absolute monarchy

constitutional monarchy

Parliament

legislature

bicameral

common law

precedent

boycott

Intolerable Acts

quartering

delegates

Continental Congress

Declaration of Independence

Articles of Confederation

confederation

Our English Heritage

Magna Carta (1215): In 1215 the nobles in England forced King John, who was in desperate need of tax money, to sign the Magan Carta.  Although the King probably had little intention of honoring all of its provisions, he legitimized the ideals expressed in it by signing it.  Within the Magna Carta several rights were recognized to exist for nobles.  But these rights would later be extended to all citizens.  The Magna Carta did not end absolutism in England, but it was a signal of what was to come.

Parliament was the group of nobles that evolved into what is the law-making body of England.  Although they originated to discuss the concerns of the nobles, this group would eventually be powerful, all-inclusive and would wrestle the power of government away from the crown.  It is the legislative branch of British government today.  Parliament is bicameral.  It has a House of Commons and a House of Lords.

Glorious Revolution and the English Bill of Rights (1688-1689):

common law

(note: precedent)

Toward American Independence

A. In the mid-1700s the British government began to "squeeze" as much wealth out of the 13 American Colonies as possible.

1. The American Colonies were forced to sell raw materials (like wood,

cotton, etc.) to British companies at low prices. These companies would

turn around and sell these goods at high prices, therefore making most of

the profit.

2. In 1763 the French and Indian War ended with victory for England. But

there was now a huge debt from the war.

a) To pay the debt, Great Britain (England) increased taxes on the

American Colonists.

b) The Colonists became very angry about paying so much in taxes but not

being able to send representatives to Parliament in England. So

emerged the famous slogan, "No taxation without representation!"

c) Another important point to consider is the fact that most of the Colonists

had never

even seen England and began to consider themselves American citizens

instead of British subjects.

d) Americans protested and boycotted British goods. It worked!

Parliament repealed many of the new taxes.

e) Intolerable Acts: Parliament then passed a series of laws that were

designed mainly to show the Colonists who was still in charge (it

actually fueled the fire). The colonists found many of their rights being

taken away and they were forced to quarter troops (this means forced to

allow British soldiers to live in their homes).

B. The First Continental Congress was called in September of 1774.

1. 12 of the 13 colonies sent delegates to Philadelphia to decide how to fight

the Intolerable Acts. They drew up a document which demanded their

rights restored. King George refused and sent British troops to stop any

protest against British rule.

2. In 1775 the first battles broke out in what was to become the

Revolutionary War.

C. The Second Continental Congress met in May of 1776 and a committee

was set up to

write a document officially announce America's independence.

1. Although a committee was assigned to write it, Thomas Jefferson was its

main writer.

2. On July 4th, 1776 the Declaration of Independence was approved by the

Continental Congress (note that this Congress was not the same thing as

the legislature we have now).

3. The Declaration of Independence is not a plan of government. It is a

statement of ideals that the American people believe in and a statement of

separation from Great Britain.

III. Our First National Government:

A. In 1777 the Second Continental Congress drew up the first plan of

government for the United States. The Articles of Confederation were

approved in 1781.

1. A confederation is a "loose" association of friendship.

2. Each of the 13 states had been brought together in a common cause (to

defeat England).

a) Each state had a legislature, governor, and court system.

b) Each state had a constitution (a plan of government).

3. The Articles of Confederation set up a one-house legislature called

Congress.

a) Because of the fear of "strong national government", the new

Congress was given very little power.

b) Congress did not have the power to TAX, or to enforce laws.

c) There was no president--therefore no strong leader in a time of crisis.

There was no national court system.

d) Congress could not control trade between the states and between the

states and foreign nations.

e) The states began printing their own money.

f) Americans began to think of themselves more as citizens of their

states than the U.S.

g) Each state was acting like an independent nation.

B. Disputes began to erupt between the states over foreign trade, trade with

each other and even boundary lines.

C. The Articles of Confederation set up a National Government that was too weak!

D. In 1787 12 of the 13 states sent delegates (representatives) to

Philadelphia, PA. to discuss possible revision of the Articles of

Confederation.

1. Rhode Island was the only state not to attend.

2. According to the Articles of Confederation it would take a unanimous

vote of all 13 states to change it. With Rhode Island not there, this

was now impossible.

3. The delegates who were present decided to throw out the "old plan" and

write a "new one."

IV. The Constitutional Convention: That is what this meeting, originally intended to revise the Articles of Confederation, would become known as.

A. There were 55 delegates present. Among them were:

1. George Washington: chosen by the delegates to preside over the

convention.

2. Benjamin Franklin: the oldest delegate at 81.

3. James Madison: who would later write the U.S. Bill of Rights.

4. others: John Adams, Alexander Hamilton, etc.

*5. Thomas Jefferson, writer of the Declaration of Independence, was not

there.

B. The Convention was held in secrecy. The delegates could not discuss the

proceedings with anyone outside. It is only because James Madison kept

a diary, that we know of what went on inside.

C. The powers of government would be divided between the national and

state governments--with the national, or Federal Government, the most

powerful. This is called a Federal System.

D. The Great Compromise: There were several disputes and many

compromises had to be made. The most serious disagreement concerned

the new national legislature.

1. States with large populations wanted a legislature with membership

based on each state's population (the larger the population the more

representatives).

2. Small states wanted an equal number of representatives for each state

(they were afraid that with only a few representatives, their interests

would be overlooked).

3. This disagreement threatened to break up the Convention.

4. A delegate named Roger Sherman came up with a plan to make

everyone happy:

a) He proposed a bicameral Congress, with an upper house called the

Senate.

b) It would also have a lower house called the House of

Representatives.

c) Each state would have two senators and the number of

representatives a state would have would depend on its population.

d) This is called the Great Compromise because it saved the convention

and the Constitution.

E. The national Government now had the power to tax, regulate trade, and

print and coin money.

F. Three Branches of Government were set up with equal power:

1. Legislature (Congress)

2. Executive (President)

3. Judicial (Federal Court System)

G. Now this new Constitution had to be sent to the state legislatures for

ratification, or approval. [ratify means to approve]

1. Only 9 of the 13 states were needed to ratify it and put it into effect.

2. North Carolina did not ratify it until after it was already in effect.

3. While the Constitution was being discussed in these state

legislatures, two sides were fighting for and against it:

a) Federalists: they wanted it ratified because they wanted strong

national government. To support their views, they published a series

of essays called the Federalist Papers.

b) Anti-Federalists: feared strong national government and worked

against the passage of the new Constitution.

H. In 1789 the U.S. Constitution was ratified. Today it is the oldest "living"

constitution (that means, still in effect). It is the highest law in the U.S.

I. Many states ratified the Constitution with the agreement that a list, or bill

of rights for citizens and states be added later.

J. New York City became the nation's temporary capital and George Washington was sworn in there as our first President.

Note: The National Government was powerless to do anything about these problems. It began to look like the U.S. would break up.

NOTE: There were other important compromises that will be discussed

at a later time

Daniel Day Lewis and Madeline Stowe star in
The Last of the Mohicans, an adaptation from James Fenimore Cooper's novel which captured the birth of an American attititude and sense of independence.