CHAPTER 2- The Foundations of American Government
2.1- Roots of Citizenship:
The ideas about government that guided America's first leaders came from their knowledge of history and their own recent experiences.
The Heritage of Ancient Greece and Rome
Two very important ideas came from the classic period in world history. These were the concepts of:
Direct Democracy:
The Ancient Greeks were the first people to develop a democracy. In some of their city states, such as Athens, all the adult male citizens formed the government. We called this kind of government direct democracy, because every citizen voted for the laws they followed. women and slaves were not citizens, so they had no voice in government. Democracy worked well for the Greeks because their city states were small, and citizens could meet and discuss issues face to face. (A city state is a nation that consists of a single city and its surrounding area.)
Republic:
Like the Greeks, the ancient Romans believed that citizens should run their own government. The romans also didn't want a rule by kings. But the Roman Empire stretched over thousands of miles. Direct democracy was not possible. So, Rome developed a republic- a representative form of government. In a republic, citizens elect representatives ot make the rules and laws for them.
When the representatives meet in a group to discuss and pass laws, that body or group, is called a legislature. In the Roman Republic, the legislature was the Roman Senate.
The United States is a republic. The advantages of a republic include:
The English Tradition
England, the country that colonized much of America, had a history of freedom for its citizens and limits on the power of its monarchs. Four important developments in English history shaped the way that England was ruled and governed.
These were:
The Magna Carta:
In 1215, a group of powerful nobles forced England's King John to sign the Magna Carta. This historic document stated that the king would respect certain basic rights, including trial by jury and due process of law, which meant the king could not have someone jailed or executed without a proper trial. At first, these rights applied only to the nobles. Over time, all people were covered.
The English Bill of Rights:
In 1689, after years of wars and bitter power struggles between English kings and their subjects, Parliament- the English legislature- invited William III to become king and agree to the Bill of Rights.
The Heritage of Ancient Greece and Rome
Two very important ideas came from the classic period in world history. These were the concepts of:
- Direct Democracy
- Republic
Direct Democracy:
The Ancient Greeks were the first people to develop a democracy. In some of their city states, such as Athens, all the adult male citizens formed the government. We called this kind of government direct democracy, because every citizen voted for the laws they followed. women and slaves were not citizens, so they had no voice in government. Democracy worked well for the Greeks because their city states were small, and citizens could meet and discuss issues face to face. (A city state is a nation that consists of a single city and its surrounding area.)
Republic:
Like the Greeks, the ancient Romans believed that citizens should run their own government. The romans also didn't want a rule by kings. But the Roman Empire stretched over thousands of miles. Direct democracy was not possible. So, Rome developed a republic- a representative form of government. In a republic, citizens elect representatives ot make the rules and laws for them.
When the representatives meet in a group to discuss and pass laws, that body or group, is called a legislature. In the Roman Republic, the legislature was the Roman Senate.
The United States is a republic. The advantages of a republic include:
- Workability: The representative system works for a large, widespread population.
- Accountability: People can elect new representatives if they feel their representatives aren't making good laws.
- Expertise: Citizens can choose representatives who have the education and experience to make good laws. They aren't stuck with people who were born into certain ruling families.
- Participation: Citizens can take part in the system by voting for and influencing their representatives.
- Leadership: People who want to be more involved can work to be elected as representatives.
The English Tradition
England, the country that colonized much of America, had a history of freedom for its citizens and limits on the power of its monarchs. Four important developments in English history shaped the way that England was ruled and governed.
These were:
- The signing of the Magna Carta
- The development of England's unwritten constitution
- The development of England's unwritten constitution
- The use of common law.
The Magna Carta:
In 1215, a group of powerful nobles forced England's King John to sign the Magna Carta. This historic document stated that the king would respect certain basic rights, including trial by jury and due process of law, which meant the king could not have someone jailed or executed without a proper trial. At first, these rights applied only to the nobles. Over time, all people were covered.
The English Bill of Rights:
In 1689, after years of wars and bitter power struggles between English kings and their subjects, Parliament- the English legislature- invited William III to become king and agree to the Bill of Rights.
An Unwritten Constitution
The English Constitution is not a single, written document. It consists of all the formal laws, legal customs, and traditions- some written, some not- that have shaped English government. Parliament interprets the constitution.
This was one English tradition that the founders of our country did not follow. All American constitutions, state and national, are written.
Common Law
Governments and laws have traditions. These rules and customs aren't written down. In most countries, they have been created over many years. Like family traditions, people know them and follow them.
British common law is the tradition of laws created from the history of court cases and law-related customs that developed over the centuries in England.
British common law:
The English Constitution is not a single, written document. It consists of all the formal laws, legal customs, and traditions- some written, some not- that have shaped English government. Parliament interprets the constitution.
This was one English tradition that the founders of our country did not follow. All American constitutions, state and national, are written.
Common Law
Governments and laws have traditions. These rules and customs aren't written down. In most countries, they have been created over many years. Like family traditions, people know them and follow them.
British common law is the tradition of laws created from the history of court cases and law-related customs that developed over the centuries in England.
British common law:
- Guides Great Britain's legal system.
- Judges look to the legal tradition in deciding what is legal and what is illegal.
- Influenced the American system.
- The colonists brought this tradition to the new land.
2.2 The Colonial Heritage:
The Founders got useful ideas for setting up a government from the history of the colonies. Two important early models were the Mayflower Compact and the House of Burgesses.
The Mayflower Compact
Some people consider the Mayflower Compact to be America's first written constitution. The Mayflower left England in 1620, full of settlers heading for Virginia, but the ship strayed off course and landed at Plymouth, Massachusetts. There were no colonial laws or colonial charters in Massachusetts to provide law and government for them. So, the men on board decided to write a plan for governing the new colony. The result was the Mayflower Compact, which was guided by the Greek ideas of:
The House of Burgesses
The governor was the representative of the British king in a colony. He approved any and all laws passed by the colonists.
One governor of the Virginia colony, Sir George Yeardly, didn't like to travel to every village in the colony to approve laws passed by local assemblies. Instead, he asked each of the assemblies to select someone who would speak for them. He invited those representatives to meetings in Williamsburg.
This group, now called the House of Burgesses, met to discuss and debate issues, make laws, and pass taxes for the Virginia Colony. This representative system became widely used in other American colonies before independence.
English Colonial Governments
By the time of the Revolution, the colonies had certain elements of government.
The Right to Vote:
The right to vote did not extend to all adults in the colonies. The common belief was that only the people who owned land in their community deserved the responsibility of making its rules and laws. Usually therefore, only landowners could vote. Furthermore, as in many other earlier societies, only male adults could vote.
The right to vote is one of the most important rights Americans have. As times and beliefs changed, our country allowed more and more groups of people to vote.
Freedom of Religion:
Some of the colonies were set up by people seeking a place to live out their religious beliefs.
The Puritans founded a colony in Massachusetts and ruled their colony by their religious ideas. Only church members could vote in elections.
Other colonies were established by people with different beliefs. Roger Williams, a former Puritan minister, challenged his leaders about religious freedom and was driven out of the Massachusetts colony. He started a new settlement in Rhode Island, where his people could follow their conscience. One of the earliest Jewish settlements in the Americas was also established there.
Freedom of the Press:
In 1735, a publisher named John Peter Zenger wrote some rather nasty comments about the New York Governor. The Governor got angry and had Zenger arrested and charged with libel- the crime of publishing statements intended ot harm someone else's reputation.
Andrew Hamilton defended Zenger as his lawyer. Hamilton argued that, as long as the comments were not false, libel had not occurred. The jury agreed with Hamilton, overruled the judge's directions, and established the right of freedom of the press in the colonies.
The Mayflower Compact
Some people consider the Mayflower Compact to be America's first written constitution. The Mayflower left England in 1620, full of settlers heading for Virginia, but the ship strayed off course and landed at Plymouth, Massachusetts. There were no colonial laws or colonial charters in Massachusetts to provide law and government for them. So, the men on board decided to write a plan for governing the new colony. The result was the Mayflower Compact, which was guided by the Greek ideas of:
- Direct Democracy
- Using Majority Agreement at public town meetings to make laws.
The House of Burgesses
The governor was the representative of the British king in a colony. He approved any and all laws passed by the colonists.
One governor of the Virginia colony, Sir George Yeardly, didn't like to travel to every village in the colony to approve laws passed by local assemblies. Instead, he asked each of the assemblies to select someone who would speak for them. He invited those representatives to meetings in Williamsburg.
This group, now called the House of Burgesses, met to discuss and debate issues, make laws, and pass taxes for the Virginia Colony. This representative system became widely used in other American colonies before independence.
English Colonial Governments
By the time of the Revolution, the colonies had certain elements of government.
- Charter- A document from the English King.
- Legislature- an elected branch of government that made laws and controlled the money.
- Governor- an official who represented the English king in the colony. All laws made by the legislature had to be approved by the governor.
- The Right to Vote
- Freedom of Religion
- Freedom of the Press
The Right to Vote:
The right to vote did not extend to all adults in the colonies. The common belief was that only the people who owned land in their community deserved the responsibility of making its rules and laws. Usually therefore, only landowners could vote. Furthermore, as in many other earlier societies, only male adults could vote.
The right to vote is one of the most important rights Americans have. As times and beliefs changed, our country allowed more and more groups of people to vote.
- By the 1840s, most states had dropped the rule that only people who owned property could vote.
- African Americans received the right to vote with the ratification of the 15th Amendment in 1870, although it took many years for these rights to take effect in all communities.
- Women were given the right to vote with the passage of the 19th Amendment in 1920.
- Finally, the voting age was lowered to 18 with the ratification of the 26th Amendment in 1971.
Freedom of Religion:
Some of the colonies were set up by people seeking a place to live out their religious beliefs.
The Puritans founded a colony in Massachusetts and ruled their colony by their religious ideas. Only church members could vote in elections.
Other colonies were established by people with different beliefs. Roger Williams, a former Puritan minister, challenged his leaders about religious freedom and was driven out of the Massachusetts colony. He started a new settlement in Rhode Island, where his people could follow their conscience. One of the earliest Jewish settlements in the Americas was also established there.
Freedom of the Press:
In 1735, a publisher named John Peter Zenger wrote some rather nasty comments about the New York Governor. The Governor got angry and had Zenger arrested and charged with libel- the crime of publishing statements intended ot harm someone else's reputation.
Andrew Hamilton defended Zenger as his lawyer. Hamilton argued that, as long as the comments were not false, libel had not occurred. The jury agreed with Hamilton, overruled the judge's directions, and established the right of freedom of the press in the colonies.
2.3- Steps toward Independence
Most of the the colonists in America were proud to be British and valued their rights as British subjects. Ironically, their belief in these rights gradually led to revolution.
Taxation without Representation:
By the mid-1700s, Great Britain had a large, worldwide colonial eThe mpire to defend. After a long and costly war with France (that included the French and Indian War in North America), Britain needed to raise money. Parliament felt that since the colonies benefited from British rule and protection, a tax on them was fair. They passed the Stamp Act.
Stamp Act:
How would you feel if suddenly you had to pay extra for something you used and needed? Most colonists got angry when, in 1765, the British Government passed the Stamp Act, which taxed documents. They had to pay the stamp tax whenever they bought anything made of paper- Newspapers, calendars, legal documents. The colonists reacted by:
Their protests and boycotts worked. Britain repealed, or canceled, the Stamp Act. Unfortunately, the peace didn't last. Parliament passed more taxes. They, too, were protested and repealed- but not the tax on tea.
The Boston Tea Party:
In 1773, ships with tea from British merchants (The East India Tea Company) were in Boston Harbor. The American workers, aware of the tax, refused to unload the tea from the ships.
In a famous action that was more of a prank than a protest, members of the Sons of Liberty, disguised themselves as Native Americans. They boarded the ships and dumped the tea into the bay.
Intolerable Acts:
To punish Massachusetts for the Boston Tea Party, Parliament passed the Coercive Acts. The colonists called them Intolerable Acts.
These were:
Growing Rebellion
The Intolerable Acts had an unplanned result. when the other colonies saw how Britain punished Massachusetts, they worried that they could be next. Now the 13 separate colonies had a single cause- changing how Britain ruled the colonies.
The First Continental Congress:
Leaders in Massachusetts organized a meeting of representatives of the colonies. This became the First Continental Congress. Knowing they had no authority in law, the representatives:
Their next meeting, the Second Continental Congress, was the spring of 1775. By then, skirmishes between colonists and British troops had already broken out and war was likely.
The delegates were not sure how many colonists supported them. John Adams estimated that:
Declaration of Independence:
By 1776, more and more colonists wanted independence. The Second Continental Congress made a historic decision on June 7, 1776. Richard Lee of Virginia introduced the following resolution.
"That these United Colonies are, and of Right out to be, Free and Independent States; that they are absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is out to be totally dissolved..."
The delegates chose Thomas Jefferson, one of the youngest among them, to write a statement that would clearly explain America's position to its own people, to Britain, and to the world.
Influence of the Enlightenment
Jefferson was a scholar. He had read the writings of many of the Enlightenment thinkers in Europe, including Thomas Hobbes and John Locke. The Enlightenment was a movement among philosophers in Europe that:
Basic Ideas:
The Declaration of Independence that Jefferson wrote had three parts:
Taxation without Representation:
By the mid-1700s, Great Britain had a large, worldwide colonial eThe mpire to defend. After a long and costly war with France (that included the French and Indian War in North America), Britain needed to raise money. Parliament felt that since the colonies benefited from British rule and protection, a tax on them was fair. They passed the Stamp Act.
Stamp Act:
How would you feel if suddenly you had to pay extra for something you used and needed? Most colonists got angry when, in 1765, the British Government passed the Stamp Act, which taxed documents. They had to pay the stamp tax whenever they bought anything made of paper- Newspapers, calendars, legal documents. The colonists reacted by:
- Protesting and Petitioning
- Boycotting British goods
- Establishing Committees of Correspondence, citizen groups that shared information
- Forming The Sons of Liberty associations, radical patriot groups that frightened British Officials.
Their protests and boycotts worked. Britain repealed, or canceled, the Stamp Act. Unfortunately, the peace didn't last. Parliament passed more taxes. They, too, were protested and repealed- but not the tax on tea.
The Boston Tea Party:
In 1773, ships with tea from British merchants (The East India Tea Company) were in Boston Harbor. The American workers, aware of the tax, refused to unload the tea from the ships.
In a famous action that was more of a prank than a protest, members of the Sons of Liberty, disguised themselves as Native Americans. They boarded the ships and dumped the tea into the bay.
Intolerable Acts:
To punish Massachusetts for the Boston Tea Party, Parliament passed the Coercive Acts. The colonists called them Intolerable Acts.
These were:
- The Boston Port Bill: which closed Boston Harbor until the colonists paid for the tea.
- The Massachusetts Government Act: which shut down the Massachusetts legislature and gave the royal governor authority to make all decisions in the colony.
- The Administration of Justice Act: which ruled that any trial involving a British official or soldier would be held in England.
- The Quartering Act: which forced the colonists to house British soldiers in their barns and houses.
Growing Rebellion
The Intolerable Acts had an unplanned result. when the other colonies saw how Britain punished Massachusetts, they worried that they could be next. Now the 13 separate colonies had a single cause- changing how Britain ruled the colonies.
The First Continental Congress:
Leaders in Massachusetts organized a meeting of representatives of the colonies. This became the First Continental Congress. Knowing they had no authority in law, the representatives:
- Made up a list of the colonies complaints against Britain
- Proposed that colonists stop buying British Goods
- Agreed to meet again if their complaints were not addressed.
Their next meeting, the Second Continental Congress, was the spring of 1775. By then, skirmishes between colonists and British troops had already broken out and war was likely.
The delegates were not sure how many colonists supported them. John Adams estimated that:
- One-third of the people supported revolution.
- One-third of the people supported Britain.
- One-third of the people were unsure or didn't care.
Declaration of Independence:
By 1776, more and more colonists wanted independence. The Second Continental Congress made a historic decision on June 7, 1776. Richard Lee of Virginia introduced the following resolution.
"That these United Colonies are, and of Right out to be, Free and Independent States; that they are absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is out to be totally dissolved..."
The delegates chose Thomas Jefferson, one of the youngest among them, to write a statement that would clearly explain America's position to its own people, to Britain, and to the world.
Influence of the Enlightenment
Jefferson was a scholar. He had read the writings of many of the Enlightenment thinkers in Europe, including Thomas Hobbes and John Locke. The Enlightenment was a movement among philosophers in Europe that:
- Stressed the rights of individuals
- Questioned older ideas
- Argued that people could use reason to solve problems.
Basic Ideas:
The Declaration of Independence that Jefferson wrote had three parts:
- Beliefs about government, including ideas from Hobbes' social contract theory.
- A list of grievances that showed how the British King had violated the social contract.
- The formal declaration stating that the colonies were now independent from Britain. This last section was a declaration of war.
2.4- The Nation's Early Governments
Once the country had declared itself independent, most of the colonies replaced their earlier charters with constitutions and became self-governing states.
State Constitutions:
One by one until 1780, 11 of the 13 colonies each wrote a new state constitution. Connecticut and Rhode Island kept their older charters until 1818 and 1842 respectively.
Different states set up different types of governments. Some gave more power to their state executives or governors. Others gave more power to their legislatures.
Fore example: Pennsylvania set up a group to watch over government actions. Only New York and Massachusetts had powerful elected governors. Most states let their legislatures elect their judges.
Massachusetts State Constitution:
Massachusetts used a two-step approach that was different from the other colonies.
The Articles of Confederation:
The Second Continental Congress recognized that it needed a system that would allow the new, independent states to act as a group.
In November, 1779, after 17 months of hard work and debate, the Congress approved a plan for a new Confederation- Alliance, league, or friendly union- of the states called The Articles of Confederation.
It took until March 1781, when the Revolutionary War was almost over, for all 13 states to approve the Articles.
The Articles of Confederation tried to balance two very different ideas:
Problems with the Articles:
The new Confederation worked well enough to allow the states to win the war and sign a peace treaty with Britain, and to pass the Northwest Ordinance in 1787. However the Articles created a central government that was too weak to do everything the new alliance of states needed. It had six crucial problems.
Shays' Rebellion:
Daniel Shays was a farmer in Massachusetts. In 1786, Shays and his neighbors were about to lose their farms because they couldn't afford to pay their taxes. In protest, Shays and a group of farmers took over the Massachusetts courthouse at gunpoint. They believed that, fi the state court judges could not meet, the could not order Shays and the others to give up their farms.
Massachusetts asked the Confederation Congress for help. the congress replied that it would like to assist, but since it had almost no money and therefore no army, Massachusetts would have to deal with the uprising itself.
The states and Congress saw that their government was too weak to protect its own citizens. Giving protection to its citizens is perhaps the most important role of government it was time for a change.
State Constitutions:
One by one until 1780, 11 of the 13 colonies each wrote a new state constitution. Connecticut and Rhode Island kept their older charters until 1818 and 1842 respectively.
Different states set up different types of governments. Some gave more power to their state executives or governors. Others gave more power to their legislatures.
Fore example: Pennsylvania set up a group to watch over government actions. Only New York and Massachusetts had powerful elected governors. Most states let their legislatures elect their judges.
Massachusetts State Constitution:
Massachusetts used a two-step approach that was different from the other colonies.
- State leaders arranged a meeting of specially elected representatives to write the new state constitution. Unlike other colonies, in Massachusetts the legislature did not write the state constitution.
- The new constitution drafted by the convention was then put to a vote by the people.
- Legislative Powers: included the elected assembly's responsibility to debate and make laws, pass taxes, regulated trade within its borders, and raise a militia.
- Executive Powers: included the right of a state leader to approve laws, veto laws- have the power to prevent bills that have been passed by lawmakers from becoming laws- make appointments, and ensure that laws are properly carried out.
The Articles of Confederation:
The Second Continental Congress recognized that it needed a system that would allow the new, independent states to act as a group.
In November, 1779, after 17 months of hard work and debate, the Congress approved a plan for a new Confederation- Alliance, league, or friendly union- of the states called The Articles of Confederation.
It took until March 1781, when the Revolutionary War was almost over, for all 13 states to approve the Articles.
The Articles of Confederation tried to balance two very different ideas:
- A Central Government: The states needed a government with enough power that it could represent all the states on such issues as coordinating war efforts or negotiating treaties with other countries.
- State Sovereignty: Every state wanted to protect its own Sovereignty- the power to make decisions within its own borders.
- The Central government had no executive or judicial branches.
- The Confederation Legislature was unicameral. (Had only one house, or congress, of elected representatives) Each state had only one vote, regardless of how many people lived there- the states with smaller populations could not be outvoted by a few larger states.
- Laws required the agreement of 9 of the 13 states to pass.
- Amendments- Changes or additions- to the Articles needed 100% approval.
Problems with the Articles:
The new Confederation worked well enough to allow the states to win the war and sign a peace treaty with Britain, and to pass the Northwest Ordinance in 1787. However the Articles created a central government that was too weak to do everything the new alliance of states needed. It had six crucial problems.
- It had no taxation power: Fresh from their problems with Britain over taxes, the founders did not give the legislature the power to collect taxes. This meant that the government had no way to raise money to provide services.
- It created no National Court: The Articles did not provide a central court system. The Confederation had no authority to settle differences between the various states.
- The States used different currencies: Each state had its own money system, so doing business between states was difficult. Some states accepted other states currencies, while others did not.
- Example: Rhode Island kept printing money to pay off its debts. No one wanted Rhode Island money because it was virtually worthless.
- Example: Rhode Island kept printing money to pay off its debts. No one wanted Rhode Island money because it was virtually worthless.
- There was no executive: Without a president or any national executive no one was responsible for carrying out the laws passed by Congress.
- Interstate commerce was not regulated. Congress could not set rules for trade between states. Each state was free to put taxes on products coming in from other states. The states competed with one another in ways that hurt them all.
- Each State had veto power on amendments: Justo ne state, for any reason, could oppose a change and stop an amendment that most other states wanted.
Shays' Rebellion:
Daniel Shays was a farmer in Massachusetts. In 1786, Shays and his neighbors were about to lose their farms because they couldn't afford to pay their taxes. In protest, Shays and a group of farmers took over the Massachusetts courthouse at gunpoint. They believed that, fi the state court judges could not meet, the could not order Shays and the others to give up their farms.
Massachusetts asked the Confederation Congress for help. the congress replied that it would like to assist, but since it had almost no money and therefore no army, Massachusetts would have to deal with the uprising itself.
The states and Congress saw that their government was too weak to protect its own citizens. Giving protection to its citizens is perhaps the most important role of government it was time for a change.