Origins of the Constitution—Outline and Questions
Use the following outline as a guide for your reading and note-taking.
I.
The Constitutional Tradition
A. The Magna Carta (1215)
1. Power of the king not absolute
2. Right to a trial by jury
3. No taxation without consent
B. The Mayflower Compact (1620)
1. The first “social contract”
2. Continued to acknowledge King James as their sovereign
C. The English Petition of Right (1628)
1. King Charles needed money to conduct wars against Spain
2. Parliament agreed to give him taxes on the condition that he sign the Petition of Right, which included:
a. No arrests without trial
b. No taxation, unless passed by Parliament
c. Freedom from billeting (quartering) of troops
d. Freedom from martial (military) law
D. The English Bill of Rights (1689)
1. Parliament compelled William and Mary to sign before taking the throne.
2. Makes Parliament supreme over the monarch
II.
Enlightenment Influences
A. John Locke
1. Wrote Two Treatises of Government
2. Stated:
a. Basis of rights in nature
b. Humans form government for mutual benefit and protection
c. Legislature most important of governmental functions
d. Governmental functions ought to be separated into branches
e. People have a sovereign right to alter or abolish their government when the government becomes
tyrannical
B. Montesquieu
1. Wrote The Spirit of the Laws
2. Stressed that governmental functions must be separated into branches to prevent the tyranny
III.
The American Experience
A. Founding of the Colonies
1. Colonies were established by charters: became the basis for government in America
2. Three main types of colonies:
a. Charter: these colonies had the most freedom and the greatest degree of self-governance
b. Proprietary: essentially large land grants owned by a single person, but whose people were entitled to a
legislature
c. Royal: these colonies were under the direct authority of the crown, but the king would usually appoint a
governor and allow a legislative council
B. Colonial Life
1. Indentured Servants: many people came to America as indentured servants (either prisoners or debtors).
They would work for seven years to pay off their debts before gaining freedom.
2. Prosperity: America had a wealth of natural resources, including timber, furs, tobacco, and other
agricultural products.
3. Frontier Life: life on the frontier was “nasty, brutish, and short.” Pioneers had to contend with the
elements, Native Americans (sometimes friendly, sometimes not), and other pioneers.
C. The Great Awakening (mid-1700's)
1. A spiritual awakening in America
2. Famous preachers would travel across the colonies
3. The experience served to “unify” the colonists
D. The French and Indian War (1754-1763)
1. The British and American militias won the war, effectively removing France from the continent.
2. The experience also served to unify the colonists
3. Britain prohibited settlement of the new areas, which angered many Americans
4. Britain began to levy taxes on the colonies, which angered many Americans
E. The Revolution Begins
1. In response to the Boston Tea Party (Dec. 16, 1773), Parliament passed the Coercive Acts against the
colonies (called the Intolerable Acts in America)
2. The king appoints a military governor for Massachusetts
3. The First Continental Congress opens in Philadelphia on Sept. 5, 1774
4. Congresses form in most of the colonies
5. Parliament declares Massachusetts to be in rebellion (Feb. 9, 1775)
6. Battles of Lexington and Concord (Apr. 19, 1775)
7. Fighting continues in the summer and fall
F. Common Sense and the Declaration of Independence
1. Common Sense, by Thomas Paine (published January, 1776) swayed public opinion more toward
independence
2. The Second Continental Congress declares independence, on July 4, 1776.
3. The Declaration is influenced by Enlightenment thought, especially John Locke.
G. The United States under the Articles of Confederation
1. Under the Articles of Confederation, the United States was a “firm league of friendship”
2. Some states were more prosperous than others
3. Laws required a 9/13ths majority to pass
4. Laws of Congress were not enforceable
5. No executive, no judiciary
6. One vote per state regardless of size
7. Economic difficulties:
a. No regulation of commerce
b. States issued their own currencies
c. Foreign trade difficult
d. Banks and creditors ineffective
8. Civil disorder increased in some states, usually because of taxes or tariffs
9. Disagreement among states prevented a true foreign policy which endangered the security of the United
States
Questions for Discussion:
1. What greater purpose do you think many of the English legal documents were supposed to accomplish?
2. Many governments seem to function without a true separation of powers. Is separation of powers really that
important?
3. What societal, cultural, and legal traditions developed in the British American colonies?
4. Were these traditions “valid” or were American colonists just an ornery lot?
5. Were the Articles of Confederation really a failure? Why or why not?