Influences on the American        Government     Our European Heritage
The Magna Carta
The English Magna Carta     (Background)For centuries, England was ruled by a      monarch – a king or queen
However, Monarchs had very little power    as part of the Feudal System
The real power lay with the  nobles on the manor
The monarch gave a powerful noble class    ownership and control of land in  exchange for loyalty, tax payments, &        ...
King John (1199) treated the nobles      harshly & they rebelled
John was forced to sign the  Magna Carta in 1215
Magna Carta:Latin for the “Great Charter”
Magna Carta was written on   parchment in 1350!
Magna Carta          (the significance) • It protected noble privileges & upheld their                    authority     • ...
It was a contract that limited themonarch’s power by guaranteeing that no  one, not even the king or queen, is            ...
The Magna Carta helped establish the      principle of Rule of Law
The English Parliament
The word Parliament comes from theFrench and means a “talk” or “parley” –      a conference of any kind
The Model Parliament of      Edward I       (1295)
Included all classes of the kingdom:            barons, higherclergy, knights, burgesses, and lower                 clergy
Initially, it was set up to advise             the monarch
The English ParliamentBy the late 1300’s, Parliament had developed            into a law-making body
Conflict between the Crown      and Parliament
The Tudor monarchs cooperated well          with Parliament
Elizabeth’s death (1603) ended Tudor rule    and the Stuart dynasty takes over
The Stuarts were unpopular monarchs
James I does not get along well with           Parliament
Charles I, James son, disbanded Parliament       & ruled for 11 years without it
Needing money, Charles I recalled          Parliament
Parliament made demands on Charles I     and then Civil War breaks out
The English Civil War     (1642 – 49)
Roundheads – supported Parliament
Cavaliers – supported the monarch
Most members of Parliament were            Puritans(Protestant Christians who opposed the  Church of England as too Cathol...
The English Civil War is also known as       the Puritan Revolution
Parliamentary troops, led by OliverCromwell, defeated the king’s armies
King I Charles Stuart is put on trial           for treason
Charles I is found guilty and is beheaded
The monarchy is over (for the time-being)
Oliver Cromwell, a very strict Puritan, took  over and ruled as military dictator for                ten years
Cromwell rules England as     “Lord Protector”(Cromwell is not too popular)
This period of English history is known as            The Protectorate              (1649 – 1660)
After Cromwell died, his son Richard tookover and had trouble maintaining control    He was forced out and II CharlesStuar...
The Restoration (1660 – 1688)
Charles II took over in 1660 and themonarchy was restored (“restoration”)
The “Restoration” is the return of the      monarchy in England          (1660 – 1668)
Charles II cooperated pretty well with Parliament and ruled for 25 years
After Charles II died in 1685, JamesII, the brother of Charles II, took over the              throne in 1685
James II immediately had clashes          with Parliament
The Glorious Revolution         (1689)
When James II raised his son openly as a Catholic (in violation of English law), James II was forced out in a relatively  ...
Parliament asked William & Mary(of the Netherlands) to come to England              to rule jointly
But, William and Mary had to agree to the          English Bill of Rights
The English Bill of Rights put limits   on the monarch’s power and   made Parliament supreme
The English Bill of Rights stated that themonarch could not suspend Parliament
It also stated that the monarch could not   create special courts, impose taxes,         or raise an army without         ...
It also declared that members ofParliament would be freely elected and  be guaranteed free speech during                 m...
The Bill of Rights also guaranteed thatevery citizen would have the right to a fair       trial by jury in court cases
The English Bill of Rights also banned  cruel and unusual punishments
The English Bill of Rights established a Limited Constitutional Monarchy      (what England has today)
The writing and signing of the English Bill   of Rights in 1689 is known as the          Glorious Revolution
Many of the English Bill of Rights have         been written into the    United States Constitution
English Common Law
Early on, England had no written laws except rules to live by established             by tradition
As a system of courts arose, the        courts’ decisionsbecame the basis of a body of law
When judges were asked to decide acase, they would look for a precedent, ora ruling in an earlier case that was similar
This system of judge-made law based on     precedent and custom is called             Common Law
Judges are bound by precedent
If a judge rules against a precedent, his decision will be overturned on appeal
We, too, have a system of Common law –judge-made law based upon precedent
We also have Statutory law –laws written by legislative bodies
European Absolutism      (1600s)
Britain’s limited constitution monarchy contrasted with Absolutism on the           European continent
Louis XIV, the king of France, embodied the       greatest period of Absolutism
Most absolute monarchs thought theyreceived their power to rule from God
This is called theDivine Right theory
Others, like Thomas Hobbes, defendedabsolutism to avoid the state of nature
In an absolutist society, the ruler hasunlimited authority and is not checked              by any one
The people are viewed as subjects          with no rights
The monarch can do whatever        he pleases In this view, the monarch is        above the law
The Enlightenment     (1700s)
Leading writers during the 1700s began to challenge Absolutism and the Divine       Right theory of government
These writers were called philosophes
They thought that government received its         power from the people
This idea is calledPopular Sovereignty
They also thought that the people have      the right to revolt against    unjust/tyrannical government
This is calledPopular Revolution
A new idea of government emerged – the    Contract Theory or government
In this view of government, the people are   citizens who have inalienable rights   (rights that cannot be taken away)
In this view, the people and thegovernment enter into a contract:The people willingly empower thegovernment in return for ...
What are these rights?• “Life, liberty, & property” – John Locke• “Life, liberty, & the pursuit of happiness.” –  Thomas J...
This is called Natural Rights theory
Other Enlightenment ideas
These writers also wrote aboutseparating power into three branches           of government
They believed that these three branchesof government should check and balance                the others
Our Founding Fathersread many of their works
John Locke: Two Treatises on Government(Natural Right theory & Popular Revolution)
Jean Jaque Rousseau: The Social Contract(Popular Sovereignty & Popular Revolution)
Baron de Montesquie:             Spirit of the Laws(three branches of government / separation of         powers / checks &...
European influences
European influences
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European influences

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the influences of primarily English law and government and Enlightenment philosophers on colonial government and society in the New World.

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European influences

  1. 1. Influences on the American Government Our European Heritage
  2. 2. The Magna Carta
  3. 3. The English Magna Carta (Background)For centuries, England was ruled by a monarch – a king or queen
  4. 4. However, Monarchs had very little power as part of the Feudal System
  5. 5. The real power lay with the nobles on the manor
  6. 6. The monarch gave a powerful noble class ownership and control of land in exchange for loyalty, tax payments, & military support
  7. 7. King John (1199) treated the nobles harshly & they rebelled
  8. 8. John was forced to sign the Magna Carta in 1215
  9. 9. Magna Carta:Latin for the “Great Charter”
  10. 10. Magna Carta was written on parchment in 1350!
  11. 11. Magna Carta (the significance) • It protected noble privileges & upheld their authority • It granted rights to all landowners• Rights included equal treatment under the law and trial by one’s peers
  12. 12. It was a contract that limited themonarch’s power by guaranteeing that no one, not even the king or queen, is above the law
  13. 13. The Magna Carta helped establish the principle of Rule of Law
  14. 14. The English Parliament
  15. 15. The word Parliament comes from theFrench and means a “talk” or “parley” – a conference of any kind
  16. 16. The Model Parliament of Edward I (1295)
  17. 17. Included all classes of the kingdom: barons, higherclergy, knights, burgesses, and lower clergy
  18. 18. Initially, it was set up to advise the monarch
  19. 19. The English ParliamentBy the late 1300’s, Parliament had developed into a law-making body
  20. 20. Conflict between the Crown and Parliament
  21. 21. The Tudor monarchs cooperated well with Parliament
  22. 22. Elizabeth’s death (1603) ended Tudor rule and the Stuart dynasty takes over
  23. 23. The Stuarts were unpopular monarchs
  24. 24. James I does not get along well with Parliament
  25. 25. Charles I, James son, disbanded Parliament & ruled for 11 years without it
  26. 26. Needing money, Charles I recalled Parliament
  27. 27. Parliament made demands on Charles I and then Civil War breaks out
  28. 28. The English Civil War (1642 – 49)
  29. 29. Roundheads – supported Parliament
  30. 30. Cavaliers – supported the monarch
  31. 31. Most members of Parliament were Puritans(Protestant Christians who opposed the Church of England as too Catholic)
  32. 32. The English Civil War is also known as the Puritan Revolution
  33. 33. Parliamentary troops, led by OliverCromwell, defeated the king’s armies
  34. 34. King I Charles Stuart is put on trial for treason
  35. 35. Charles I is found guilty and is beheaded
  36. 36. The monarchy is over (for the time-being)
  37. 37. Oliver Cromwell, a very strict Puritan, took over and ruled as military dictator for ten years
  38. 38. Cromwell rules England as “Lord Protector”(Cromwell is not too popular)
  39. 39. This period of English history is known as The Protectorate (1649 – 1660)
  40. 40. After Cromwell died, his son Richard tookover and had trouble maintaining control He was forced out and II CharlesStuart, the son of Charles I, was asked to return to England to rule as a monarch
  41. 41. The Restoration (1660 – 1688)
  42. 42. Charles II took over in 1660 and themonarchy was restored (“restoration”)
  43. 43. The “Restoration” is the return of the monarchy in England (1660 – 1668)
  44. 44. Charles II cooperated pretty well with Parliament and ruled for 25 years
  45. 45. After Charles II died in 1685, JamesII, the brother of Charles II, took over the throne in 1685
  46. 46. James II immediately had clashes with Parliament
  47. 47. The Glorious Revolution (1689)
  48. 48. When James II raised his son openly as a Catholic (in violation of English law), James II was forced out in a relatively bloodless revolution (1688)
  49. 49. Parliament asked William & Mary(of the Netherlands) to come to England to rule jointly
  50. 50. But, William and Mary had to agree to the English Bill of Rights
  51. 51. The English Bill of Rights put limits on the monarch’s power and made Parliament supreme
  52. 52. The English Bill of Rights stated that themonarch could not suspend Parliament
  53. 53. It also stated that the monarch could not create special courts, impose taxes, or raise an army without Parliament’s consent
  54. 54. It also declared that members ofParliament would be freely elected and be guaranteed free speech during meetings
  55. 55. The Bill of Rights also guaranteed thatevery citizen would have the right to a fair trial by jury in court cases
  56. 56. The English Bill of Rights also banned cruel and unusual punishments
  57. 57. The English Bill of Rights established a Limited Constitutional Monarchy (what England has today)
  58. 58. The writing and signing of the English Bill of Rights in 1689 is known as the Glorious Revolution
  59. 59. Many of the English Bill of Rights have been written into the United States Constitution
  60. 60. English Common Law
  61. 61. Early on, England had no written laws except rules to live by established by tradition
  62. 62. As a system of courts arose, the courts’ decisionsbecame the basis of a body of law
  63. 63. When judges were asked to decide acase, they would look for a precedent, ora ruling in an earlier case that was similar
  64. 64. This system of judge-made law based on precedent and custom is called Common Law
  65. 65. Judges are bound by precedent
  66. 66. If a judge rules against a precedent, his decision will be overturned on appeal
  67. 67. We, too, have a system of Common law –judge-made law based upon precedent
  68. 68. We also have Statutory law –laws written by legislative bodies
  69. 69. European Absolutism (1600s)
  70. 70. Britain’s limited constitution monarchy contrasted with Absolutism on the European continent
  71. 71. Louis XIV, the king of France, embodied the greatest period of Absolutism
  72. 72. Most absolute monarchs thought theyreceived their power to rule from God
  73. 73. This is called theDivine Right theory
  74. 74. Others, like Thomas Hobbes, defendedabsolutism to avoid the state of nature
  75. 75. In an absolutist society, the ruler hasunlimited authority and is not checked by any one
  76. 76. The people are viewed as subjects with no rights
  77. 77. The monarch can do whatever he pleases In this view, the monarch is above the law
  78. 78. The Enlightenment (1700s)
  79. 79. Leading writers during the 1700s began to challenge Absolutism and the Divine Right theory of government
  80. 80. These writers were called philosophes
  81. 81. They thought that government received its power from the people
  82. 82. This idea is calledPopular Sovereignty
  83. 83. They also thought that the people have the right to revolt against unjust/tyrannical government
  84. 84. This is calledPopular Revolution
  85. 85. A new idea of government emerged – the Contract Theory or government
  86. 86. In this view of government, the people are citizens who have inalienable rights (rights that cannot be taken away)
  87. 87. In this view, the people and thegovernment enter into a contract:The people willingly empower thegovernment in return for protection of natural rights
  88. 88. What are these rights?• “Life, liberty, & property” – John Locke• “Life, liberty, & the pursuit of happiness.” – Thomas Jefferson• “Liberty, property, security, and resistance to oppression.” – The Declaration of Rights of Man & Citizen (French Revolution)
  89. 89. This is called Natural Rights theory
  90. 90. Other Enlightenment ideas
  91. 91. These writers also wrote aboutseparating power into three branches of government
  92. 92. They believed that these three branchesof government should check and balance the others
  93. 93. Our Founding Fathersread many of their works
  94. 94. John Locke: Two Treatises on Government(Natural Right theory & Popular Revolution)
  95. 95. Jean Jaque Rousseau: The Social Contract(Popular Sovereignty & Popular Revolution)
  96. 96. Baron de Montesquie: Spirit of the Laws(three branches of government / separation of powers / checks & balances)

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