Historical Documents Magna Carta-Limited the king’s power. In it, the king agreed that nobles & freemen should not be punished except by the judgment of their equals-a right we today call TRIAL BY JURY. English Bill of Rights-Stated that elections for Parliament were to be held often. It allowed citizens the right to bear arms, forbade cruel & unusual punishment, & asserted the right to a jury trial. Colonial Government Limited Monarchy-English rulers signed important documents that admitted their subjects had important rights. By the late 1600’s, the English people had a monarchy in which the ruler does not have complete power over the people. English colonists claimed they have the same rights as people who lived in England. Each colony will create a legislature similar to the English Parliament. They made laws for the colonies & approved taxes. Each colony also had courts like those in England. CAUSE AND EFFECT • People in the British Colonies of America had fought alongside British soldiers against the French during the French and Indian War. However, after the war ended, several problems surfaced between the colonies and their parent country. • The war had cost a large amount of money and the British government felt that the colonies should pay for much of the debt caused by the fighting. So that meant . . . .TAXES! Growth of Representative Government English Parliament was a elected representative body. New England Town Meetings Colonial Assemblies-elected by land owners The desire for representative self-government led to Revolution. FIRST CONTINENTAL CONGRESS In 1774, representatives from all of the colonies, except Georgia, met to discuss the current situation. They decide not to accept the Intolerable Acts. Also they organized a ban on all trade with Britain and decided they should meet again in 7 months. While wishing for peace, each colony began to train soldiers for defense. SECOND CONTINENTAL CONGRESS • The 2nd Continental Congress began in May of 1775, in Philadelphia. • The first duty was to name a leader for the new Continental Army. After much debate George Washington was chosen. • only a few of the delegates wanted independence from Britain at first. They instead wanted to negotiate for peace. The first major battle of the war had already occurred, so they sent a petition to King George. • However, the most important decision they would make would come on July, 4 1776, a year later. DECLARATION OF INDEPENDENCE 1776 Thomas Jefferson finished in about 2 weeks. He used ideas which had been promoted in several historic documents such as Magna Carta and English Bill of Rights. Some of the basic rights within the documents such as “Trial by Jury” and “Fair Punishment for Crimes” were at the heart of Jefferson’s claims against the King. On July 1, 1776, the Congress began to debate the Declaration. Many changes were made, but on July 4, 1776, the Declaration was adopted and the United States of America was born. UNALIENABLE RIGHTS • Unalienable Rights are rights that cannot be taken away by the government. often called “God Given Rights”. • He claimed that Any government that denies these rights gives up its right to govern. • According the the Declaration of Independence the three unalienable rights are . . . Life Liberty Pursuit of Happiness CLAIMS (GRIEVANCES) AGAINST THE KING in the Declaration of Independence Here are a very few of the colonist claims against the king: He has refused to pass laws He has cut off world trade. for the public good. He has waged cruel war. He has denied trial by Jury. He has quartered troops among us. Grievances in Declaration Resolved in Constitution and Bill of Rights Limits on government powers Congress regulates Trade People’s Representatives in Congress regulates the Speedy local trial by Jury Congress have power to tax military Causes of the War The American colonies had grown increasingly separated from England and even more united in their culture. Factors such as the French and Indian war and British Mercantilism policy had united the colonies first for defense and then for economic reasons. The British government attempted to increase control the colonies while denying those colonies the same rights as other British subjects enjoyed. This drove a wedge between the colonies and their parent country which led to war. Patriots 40% Loyalist 20% Neutral 40% Even after the Declaration of Independence was issued by the Second Continental Congress, most Americans did not necessarily want Independence from Great Britain. During the war, many people switched sides several times, hoping to be on the winning side in the end. Changes For the New Country Government: The government of the new United States of America would be a confederation of states. A few months before Yorktown, the Congress passed the Articles of Confederation. The Articles of Confederation gave very little power to a national government. States maintained the real power. There was no President or individual leader for the new country. There was also very little ability for the states to work together. The war was only the first challenge for the new republic. Social Change: The idea of Republicanism began to sweep across America. Republicanism is the idea that instead of a king, the people would rule. The government would obtain its authority from citizens and be responsible to them. As part of the new found liberty, many Americans sought more religious freedom. In addition, the idea of slavery in a free country became a problem for many people. Abolition, or ending slavery, began to gain popularity. Northern states began to outlaw or gradually ban slavery after the revolution. THE NEW REPUBLIC? Most of the colonial leaders had decided that the new United States would most certainly be a republic. A “republic” is a form of government where certain people are elected as representatives to make decisions for the larger population. The new states had based their own governments on a three branch system, but the new national government would be based on the Articles of Confederation. ARTICLES OF CONFEDERATION Members of the Continental Congress proposed that the states join together in a loose union, called a confederation. The resulting Articles of Confederation described a system which was already in effect, in which the states had most of the power. The Articles of Confederation created a national Congress. Anywhere from 2 to 7 people from each colony would be congressmen. The real power over the United States remained with the state governments. The people were distrusting of a strong central government, because of their experiences with England. The most important feature of the Articles was that no change to them could be made without a unanimous vote of all 13 states. Weaknesses of the Articles of Confederation Lacked power to enforce laws Lacked power to regulate Required all 13 states change Lacked power to levy taxes trade among the states the Articles Federalism The U.S. was no longer a league of powerful states or a government that denied the states any power. It was a mixture of the two ideas known as Federalism. Federalism is the sharing of power between a central government and the states. Those people that favored this system were known as Federalists, and those who were against this system were called Anti-Federalists. Policies favored by Federalists & Anti-Federalists Federalists Strong National Government Policies favorable to trade, Protective tariffs Government controlled by business, & finance Strong ties with Britain, but not wealthy & educated citizens A National Bank with France. Anti-Federalists Limited national Government Policies favorable to farmers, Free Trade Government controlled by artisans, & skilled workers Strong ties with France, but not ordinary citizens State Banks with Britain. The Federalists -The best-known writings of the federalists were The Federalists Papers. Written By: Alexander Hamilton John Jay James Madison The Bill of Rights James Madison took up the cause to get the Bill of Rights added to the Constitution. The Bill of Rights are the 1st ten amendments and consists of a formal list of citizens’ rights and freedoms. The Bill of Rights was added to the end of the Constitution as amendments, additions or changes. The passage of the Bill of Rights was one of the first acts of the new government. Separation of Powers Our plan of government calls for the power of government to be divided into three separate branches and a Separation of Powers, which keeps any one branch from becoming too powerful. CONSTITUTION 1787 The Constitution is organized into three parts: • Preamble - describes the purpose of the document and government. • Articles - establish how the government is structured and how the Constitution can be changed. 7 articles • Amendments - changes to the Constitution; the first ten are called the Bill of Rights The year was 1787 Limited Government - the government is subject to the “rule of law” just like its citizens Popular Sovereignty - government in which the people rule by their own consent Republicanism - power of voting for representatives rests solely with the people Checks and Balances - each branch of government can use checks or controls over the others The Legislative Branch This branch makes the laws. It consists of the Senate & the House of Representatives. Senators are elected for 6 years, while representatives serve 2 years. The Executive Branch This branch of the government enforces the laws The President & the Vice President, who serve 4 year terms, head it. Federal Departments such as the Department of Defense are included in this branch. Judicial Branch This Branch interprets the laws. It consists of the Supreme Court and other federal courts. Supreme Court Justices serve life terms. Checks & Balances To prevent a branch from misusing power, the Constitution provides each branch power over the others. These checks kept each branch in balance. Each branch watches the other. 1st Amendment 1791 - Protects citizens from government interference with their freedoms of Religion, Speech, Press, Assembly, and Petition. 2nd Amendment 1791 - The right to bear arms. Guarantees that the federal government cannot deny states the right to enlist citizens in the militia and to provide them with training in the use of weapons. 3rd Amendment 1791 - Quartering of Soldiers. Guarantees that in time of peace the federal government may not force people to have soldiers live in their homes. Even in time of war, people cannot be compelled to do this unless Congress passes a law requiring it. 4th Amendment 1791 - Search & Seizure Extends rights to privacy and security by limiting authorities’ power to search property and seize evidence. 5th Amendment 1791 - Rights of the Accused No person may be tried in a federal court unless a grand jury decides that the person ought to be tried. Guarantees due process of law (double jeopardy, witness against himself). private property may not be taken for public use without a fair price being paid for it. 6th Amendment 1791 - Requirements for Jury Trial Lists additional rights of an individual accuse of a crime. Accused is entitled to a prompt public trial before an impartial jury. Trial is held in district crime was committed. Accused must be told what the charge is and be present when witnesses give testimony. Accused must be provided with legal counsel. 7th Amendment 1791 - Rules of Common Law. This amendment is somewhat out of date. Today, cases involving lawsuits are not tried before federal courts unless large sums of money are involved. 8th Amendment 1791 - Limits on Criminal Punishment Provides that persons accused of crimes may in most cases be released from jail if they post bail. Bail, fines, and punishments must be reasonable. 9th Amendment 1791 - Rights kept by the people. Listed because of the impossibility of listing in the Constitution all the rights of the people. 10th Amendment 1791 - Powers of the States and the People Establishes the reserved powers. It states that the powers that the Constitution does not give to the U.S. and does not deny to the states belong to the states and to the people. The greatest aspect of the Constitution is its flexibility to change. Free Speech and Press Essential to peaceful political activity Media free from government censorship-can investigate and report on government activities. Prohibited speech includes libel, slander, sedition (incite rebellion against government.) Tariff Policies Tariff: A tax on imported goods Protective Tariff: A tax on imported goods designed to protect American companies. Tariffs: South disadvantage South grows cotton which is shipped to Britain and made into clothes which are shipped back and sold in the U.S. Since no one buys British clothes due to tariffs, the British don't need American cotton. So American southerners lose their main cotton market, and also have to pay more for American-made clothes. Nullification Crisis Congress passes a high tariff South Carolina threatens to secede from the Union; tariff not accepted in South Carolina Compromise ends crisis; South agrees; Civil War is avoided Jackson and Calhoun are keys Free Enterprise System An economic system in which individuals depend on supply and demand Government regulations kept to a minimum Competition between companies makes it harder for one company to monopolize the market CIVIL WAR 1861-1865 1861: Civil War BEGINS at: FIRST fire - Fort Sumter FIRST battle – Bull Run 1862: Union victory at Battle of Antietam bloodiest single-day battle ---- leads to ---Lincoln - Emancipation Proclamation (slaves in Confederate territory would be free) 13th Amendment 13-FREE Eight months after the war FREED all slaves No compensation to owners 14th Amendment 14-CITIZEN • Ratified 1868 • Citizens=Born or naturalized in U.S. • All citizens are to be treated EQUAL The 15th Amendment 15-VOTE Gave all African American MALES the right to VOTE
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