British Origins to American Government

1
British Origins to American Government

• Identifying traditions taken from colonists
  British heritage

2
History of English Government

• Feudalism (1066)
• Idea of Social Contract land in exchange for
  service loyalty.
• Based on social class (Nobility, Vassals,
  Peasants)
• Important in the development of constitutional
  government.

3
Rights of Englishmen

• Established slowly over the history of Britain.
• Evolved over time, on basis of experiences and
  political philosophy.

4
English History in a nutshell

• English history is the story of the bloody
  struggle for power.
• 13th Century struggle between monarch and
  Parliament.
• Parliament a council of nobles created to advise
  the monarch, which then became a branch of
  government that represented the most powerful
  groups in the kingdom.
• 14th century parliaments divided into two
  houses
• House of Lords represented the interests of the
  feudal nobility major churchmen.
• House of Commons represented the people who were
  not nobility but still possessed wealth
  stature, including knights.
• For hundreds of years, Parliament and monarch
  struggled for power.
• As well, to protect the rights of of Englishmen
  documents were written to limit the power of the
  monarch.

5
Development of Parliament

• Advantages to legislative body
• Kings of England found it an effective way to
  raise money from their subjects a way to make
  important laws.
• English subjects found Parliament to be an
  effective way to voice their grievances to the
  monarch limit/check his/her power.
• Eventually, Parliament became so important to
  English government that it was capable of
  challenging the kings ability to act without
  support.

6
British Constitution

• British constitution did NOT exist before the
  creation of government.
• NOT a single document.
• Combination of common law, acts of parliament
  political customs traditions.
• Documents were written during time of great
  conflict.
• Magna Carta (1215)
• Petition of Rights (1628)
• English Bill of Rights (1689)

7
Importance of the Magna Carta

• Government should be based on social contract.
• based on an agreement between the ruler and the
  people to be ruled.
• Limited the power of the ruler.
• Guaranteed due process of law (trial by jury)
• Natural rights may not be denied by government.
• Rights of the governed could not be violated.
• Due process of law
• Trial by jury
• Venue
• Witnesses
• Right to petition government
• Restricts cruel unusual punishment

8
Petition of Right

• Ultimate power struggle in Englands government
  came to head in 17th century.
• Civil War
• Philosophical ideas
• Challenged the idea of divine right
• Taxes could only be raised with the consent of
  Parliament.
• Strengthened the idea of natural rights and
  social contract
• Representation vital for successful functioning
  of government.
• Protected Rights
• Due process of law
• No quartering of soldiers.

9
Another Action of Parliament

• Due process of law essential to social contract
  trust in government.
• Habeas Corpus Act of 1678
• orders government to deliver a person it has
  arrested to a court of law and an explanation as
  to why that person has been arrested and jailed.
• If government cannot provide evidence to show
  that a person has broken the law, the person must
  be set free.

10
English Bill of Rights 1689

• Primary objective
• limit the power of the monarch by placing the
  dominant power of government to Parliament.
• Philosophical Ideas
• Government gets it power to rule from social
  contract.
• Protection of individual rights is purpose of
  government.
• Established the rights of citizenship.
• Formal amendment process established.
• Protected Rights
• Trial by jury
• Prohibits cruel unusual punishment
• Right to petition government
• Right to bear arms
• Impacted the writings of
• Declaration of Independence
• Constitution US Bill of Rights.

11
English Bill of Rights v. US Bill of Rights

• English Bill of Rights DOES NOT guarantee all
  freedoms listed in US Bill of Rights
• freedom of speech, freedom of religion, or
  freedom on press.
• English Bill of Rights was ratified by
  Parliament can be changed.
• US Bill of Rights CANNOT be amended!
• English Bill of Rights was intended to limit the
  power of the monarch increase the power of the
  Parliament.
• US Bill of Rights is intended to prohibit federal
  government from violating individual rights of
  all people.

12
Similarities between English Bill of Rights US
Bill of Rights

• Rule of Law
• Both government the governed must obey the laws
  of the land.
• Parliamentary Supremacy
• Parliamentary law is the highest law of the land.
• National supremacy of federal government.
• Government by contract consent
• Based on Lockes idea of a social contract.
• Popular sovereignty.
• Protection of natural rights.

13
Road Toward Independence

• Why was America the first nation to break with
  monarchy and embrace republicanism?
• Geography
• Home Rule tradition
• The state assemblies also provided the nation
  with
• Elective politicians experienced in negotiating
  collective agreement.
• Ample experience in constitution writing.

14
Limitations to Home Rule

• Their limited home rule did have some
  disadvantages.
• No experience regulating commerce.
• No independent military.
• Little experience in foreign relations.
• Little experience working together.

15
Challenges to Home Rule Responses to British
Impositions

• Stamp Act
• Stamp Act Congress
• Boston Tea Party
• Coercive Acts
• Restraining Acts

• First Continental Congress
• Declaration of Rights Grievances
• Committees of Observation

16
Second Continental Congress

• War had broken out.
• The Continental Congress became the national
  government.
• They had no legal authority to conduct a war.
• Need for coordination (unity).
• Created state governments.
• Most states chose bicameral legislatures.
• Created governorships.
• Drafted state constitutions.

17
Declaration of Independence

• Thomas Paines Common Sense.
• Richard Henry Lee called for creation of a new
  nation separate from Britain.
• Committee to draft resolution.
• http//www.loc.gov/exhibits/treasures/trt001.html
• Thomas Jefferson.
• Declaration of Independence.
• Signed by each member of the Second Continental
  Congress.

18
Creation of a national government

• Framers used experiences and philosophical
  traditions to decide for themselves what good
  government would look like.
• Articles of Confederation
• US Constitution