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The Magna Carta was a Great Charter forced upon King John of England by his barons in 1215.
The Magna Carta established that the power of the monarchy was not absolute and guaranteed trial by jury and due process of law to the nobility.
Magna Carta protected against the arbitrary taking of life, liberty, or property.
In 1628, King Charles I asked Parliament for more money in taxes. Parliament refused until he signed the Petition of Right.
The Petition of Right limited the king’s power in several ways
Demanded that the king no longer imprison or otherwise punish any person but by the lawful judgment of his peers, or by the law of the land.
It also insisted that the king not impose martial law (rule by the military) in time of peace
Prohibited homeowners from being forced to shelter the king’s troops without consent.
In 1688, Parliament offered the crown to William and Mary of Orange. However, William and Mary had to sign the English Bill of Rights drafted by Parliament before taking the throne.
English Bill of Rights:
Prohibited a standing Army in peacetime
Required that all parliamentary elections be free
Right to a fair trial
Freedom from excessive bail
Freedom from cruel and unusual punishment
The First permanent English colonies were established at Jamestown in 1607 and Plymouth in 1620. By the mid 1700’s British colonies stretched from Maine to Georgia.
In 1763, the British tried to impose a series of taxes and legislative acts on their increasingly independent-minded colonies. The colonists responded with boycotts of British products and protests.
Current Events (Any from Friday?)
Current Events (Any from Friday?)
The Magna Carta
Similar to our Constitution?
Petition of Rights
You want more tax money? We want more rights…
English Bill of Rights
Right to fair trial, no cruel & unusual punishment, etc.
King George III was king of Great Britain and Ireland from 1760 until his death on January 29, 1820.
Under King George III, the British Parliament attempted to tax the American colonies. Ultimately, the colonies avoided taxation and claimed their independence
First Continental Congress
Was held in September of 1774 at Carpenter’s Hall. Delegates from 12 of the 13 colonies were present. (Georgia was absent)
Little talk of independence
Passed a resolution that sent a list of grievances to King George III.
Resolution passed that required colonies to raise their own troops and boycott British trade.
Second Continental Congress
Was held in May of 1775 at Independence Hall. Delegates from all colonies were present.
By this time fighting had already broke out.
Resolution of Independence was adopted July 2th, 1776.
July 4 th 1776, the Declaration of Independence was written by Thomas Jefferson.
The Resolution of Independence states (July 2 nd , 1776):
“ RESOLVED, That these United Colonies are, and of right ought 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, and ought to be totally dissolved.”
Signing the Declaration of Independence
The Declaration of Independence in Today’s World
Until the 2:45 mark …
On August 2, it was unanimously signed by the members of the Second Continental Congress.
The Declaration of Independence states (July 4 th , 1776):
“ We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
America is free!
But what will our government be like?
Articles of Confederation
The Articles of Confederation were the first form of Government and ratified in March of 1781.
First Written constitution. It created a weak central government.
Confederation: voluntary association of independent states in which the states agree to limited restraints on their freedom of action.
Articles of Confederation
Congress could declare war but, did not have the authority to tax the states.
To pass acts of congress, 9 out of 13 states had to agree
No national court system
Each state printed/coined their own money
Congress was unicameral (1 house)
Drafting the Constitution
May 14 th , 1787 the Constitutional Convention met in Philadelphia to fix the Articles of Confederation
55 of 74 delegates chosen attended
Rhode Island refused to send delegates
Who attended the convention?
Who were the delegates
33 members lawyers
3 were doctors
50% were college graduates
7 former governors
6 were large plantation owners
8 important business owners
Jonathon Dayton (NJ) -26 years old (Youngest)
Ben Franklin (PA) - 81 years old (Oldest)
* Fact *- Ben Franklin was too old to walk, so he was carried into the convention on a chair by 4 prisoners from a local jail.
Pick up new notes
Pass back a few papers
Hopefully finish notes…
The Virginia Plan
Introduced by Edmund Randolph on May 29, 1787.
National legislature with 2 branches (bicameral).
First branch elected by people of each state.
Second branch elected by the first branch.
Power over state legislatures.
National legislature elects national executive and national judiciary.
Legislature seats for each state based on proportional system determined by population.
Favored large states( Massachusetts, Pennsylvania, and Virginia)
# of Houses Representation Election Type Powers # and Type of Branches Virginia Plan 2 -First branch elected by people of the state -Second branch elected by the first - Elect national executive -Elect judiciary -Power over state legislatures -Enforce taxes Executive, Legislative, and Judiciary. New Jersey Plan Connecticut Plan
The New Jersey Plan
Introduced by William Paterson on June 15, 1787.
Issues with Virginia Plan:
Does not allow for equal representation among the states.
One national legislature with equal representation.
One vote per state.
Same national legislature as that under the Articles.
Elect national executive and judiciary.
Favored Small States
# of Houses Representation Election Type Powers # and Type of Branches Virginia Plan 2 Based on State populations. -First branch elected by people of the state -Second branch elected by the first - Elect national executive -Elect judiciary -Power over state legislatures -Enforce taxes Executive, Legislative, and Judiciary. New Jersey Plan 1 Equal proportion among the states. State legislature elects representatives. Same as Virginia Plan. Same as Virginia Plan. Connecticut Plan
On July 16, 1787 Roger Sherman and Oliver Ellsworth negotiated the compromise.
Upper house of equal representation elected by the state legislatures.
The Senate (per New Jersey Plan)
Lower house based on proportion of population elected by the people.
House of Representatives (per Virginia Plan)
Ability to levy taxes and power over state legislatures.
# of Houses Representation Election Type Powers # and Type of Branches Virginia Plan 2 Based on State populations. -First branch elected by people of the state -Second branch elected by the first - Elect national executive -Elect judiciary -Power over state legislatures -Enforce taxes Executive, Legislative, and Judiciary. New Jersey Plan 1 Equal proportion among the states. State legislature elects representatives. Same as Virginia Plan. Same as Virginia Plan. Connecticut Plan 2 House of Reps based on state population Senate based on equal representation House elected by citizens Senate elected by House Congress had the power to levy tax, declare war and to create laws Executive, Legislative, and Judiciary
How to deal with slaves in the representational scheme
Many delegates (North) wanted slavery banned
South wanted slaves counted along with free persons to determine representation in Congress
The 3/5s compromise called for 3/5’s of “all other persons” to be counted toward representation in Congress
Difficult Road to Ratification
The Framers knew that ratification of the constitution was far from certain. Each state would hold a special convention.
The delegates agreed that as soon as nine of the thirteen states ratified, it would take effect.
Federalists- The name given to one who was in favor of the adoption of the U.S. Constitution and the creation of a federal union with a strong central government.
A positive name
Advantage of being at the convention and the work behind it
They had fame, power, money on their side
The most famous Federalists: Alexander Hamilton James Madison John Jay
The Federalists Papers were a set of 85 essays advocating the ratification of the United States Constitution.
The Federalists Papers were written under the name “Publius”, in honor of Roman consul Publius Valerius Publicola
The real authors of the papers were: Alexander Hamilton James Madison, and John Jay. exander
The Federalist No.10, is regarded as the most popular essay.
Anti-Federalists- An individual who opposed the ratification of the new Constitution in 1787. The Anti-Federalists were opposed to a strong central government.
The Anti-Federalists believed the President would turn into a monarch.
Patrick Henry, leader of the Anti-Federalists. Henry is known and remembered for his "Give me Liberty, or give me Death!” speech.
Bill of Rights
The Bill of Rights heavily argued between the Federalists and Anti-Federalists.
Alexander Hamilton argued in Federalist 84 that
“ why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”
In exchange for the Anti-Federalists votes for ratification, the Federalists created a Bill of Rights.
On December 15 th , 1791 the Bill of Rights was adopted when Virginia ratified the first 10 amendments.
Bill of Rights
The Bill of Rights- first 10 amendments to the United States Constitution
The Bill of Rights were “a bill of limits” and limited the powers of the national government over individuals
6 Principles of the Constitution
Popular Sovereignty- The concept that ultimate political authority is based on the will of the people
Limited Government- A government in which governmental powers are limited either through a written document or through widely shared beliefs
Separation of Powers- The principle of dividing governmental powers among different branches of government
Checks and Balances -System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others.
Judicial Review- The power of the Supreme Court and other courts to declare unconstitutional federal or state laws and other acts of government
Federalism- A system of government in which a written constitution divides power between a central, or national, government and several regional governments.