Origins of American Government

  

SS.7.C.1.1

Recognize how Enlightenment ideas including Montesquieu’s view of separation of powers and John Locke’s theories related to natural law and how Locke’s social contract influenced the Founding Fathers.

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During the 1700’s a movement developed in Europe called the Enlightenment.  The core ideas of the Enlightenment focused on the importance of learning and reasoning. Enlightenment thinkers believed education was key to solving society’s problems.  Several ideas about the relationship between government and the governed were formed.  Those ideas included separation of powers, natural law, and a social contract.

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Separation of powers is a system where power in government is divided into three branches each with their own specific responsibilities. This was a new concept in Europe because most governments had one person or group holding all the power, like a king or queen. While separation of powers divides power into three branches, checks and balances allow each branch to limit the powers of the others.  Natural law is another idea from the Enlightenment.   Natural law is the idea that human nature is based on reason; human beings are entitled to certain rights such as life and freedom.  Because these rights are guaranteed to human beings simply because they are born, these rights are considered to be universal, which means that these rights are guaranteed to everyone.  Natural rights are revealed in laws and government action that reflect natural law.  A social contract is created when an organized society defines rights, duties, and limits for the people and the government.

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The United States developed from English settlements in North America that grew into 13 colonies.  The King of England and Parliament (England’s legislature) governed the colonies.

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The colonists objected to the king who refused to listen to their concerns while Parliament did not include the colonists in decisions concerning the colonies.  The colonists believed that these actions taken by the king and Parliament violated their individual liberties.  This means that the colonists’ ability to live as free and independent people were not being protected.

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Eventually, some colonists spoke out about wanting to separate from the government in England and to create their own government.  Representatives from each of the 13 colonies decided to meet and write the Declaration of Independence which stated their reasons for separation.   These individuals are now known as the Founding Fathers or Founders.  Many of the Founding Fathers’ views on the purpose of government included Enlightenment ideas such as separation of powers, natural law, and social contract.

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The Founding Fathers researched the ideas of Enlightenment thinkers such as John Locke’s ideas about natural law and social contract, and Baron de Montesquieu’s ideas about separation of powers.  Locke believed that the purpose of government is to protect individual liberties and the natural rights of life, liberty, and property.  These ideas were expressed by the Founding Fathers when they wrote the Declaration of Independence. This occurred when the colonists wanted to be a free country and independent from England.

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Montesquieu saw the dangers of a government where all power was given to a single person or group.  Instead, Montesquieu explained that power in government should be divided into legislative, executive, and judicial branches.  Each branch would have its own roles and responsibilities.  This concept is called separation of powers. The ideas of natural law, social contract, and separation of powers were used to create the basis of the system of government James Madison outlined in the U.S. Constitution.  The Constitution continues to be the framework of government in the United States today.

Vocabulary

 Founding Fathers

representatives from each of the 13 colonies who decided to meet and write a document stating their reasons for separation and independence from England.

Enlightenment

a period in European history when many educated people stressed the importance of learning and reasoning; education was considered the key to understanding and solving society’s problems
natural law

laws passed by the government to protect natural rights
natural rights

the belief that individuals are born with basic rights that cannot be taken away by governments
separation of powers

the structure of the federal government, according to the U.S. Constitution, that sets up three branches with their own distinct powers and responsibilities
social contract

an implied agreement among the people of an organized society that defines the rights, duties, and limitations of the governed and the government.

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SS.7.C.1.2

Trace the impact that the Magna Carta, English Bill of Rights, Mayflower Compact, and Thomas Paine’s Common Sense had on colonists’ views of government.

 

The Magna Carta is a document that was developed by English citizens to require King John of England to protect certain rights of the people and to limit the king’s powers. The document forced the king to observe the laws of the land, which allowed for the citizens to gain liberties they did not have before the document was signed. The Magna Carta provided the idea of a limited monarchy. This means that the king shares power with an elected legislature and agrees to be bound by a constitution or a set of laws. Additionally, three other ideas came out of the Magna Carta: writ of habeas corpus, rule by constitutional law (the constitution governs all people within a country), and the development of common law. Although these goals of the document were not achieved, the Magna Carta became a symbol that, even in a monarchy, the king could be required to follow the law (rule of law). The Magna Carta influenced the colonists’ views on the purposes of government. The United States has a limited government through the three branches outlined in the U.S. Constitution.

 

The English Bill of Rights is a document that was written with the purpose of protecting peoples’ rights in England and stated that every citizen possesses individual rights which are unbreakable.  The rights in the document are enumerated, or listed and include the right to bear arms in defense and the right to petition the monarch. The right to petition the monarch means that citizens have the right to communicate with the monarch to make requests about what the monarch might do for the people. This document also focused on the importance of having the consent of the people in government. The English Bill of Rights influenced the colonists’ views about the purposes of government by including the ideas contained in the document into two founding U.S. documents: The Declaration of Independence and the Bill of Rights.

 

The Mayflower Compact was a document to set up a government and write down the first set of laws for the settlers who arrived in Plymouth, Massachusetts. This document introduced the idea of self-government. When this group of people left England, their goal was not to avoid having a government but to create a government that worked better for their goals. They wanted a government that relied on the consent of the governed, had fair and equal laws for all and included a social contract. A social contract means that the people give their consent to being governed and the government protects the people and make sure that laws are fair and equal for all. This document established one of America’s first democratic governments. The Mayflower Compact influenced the colonists’ ideas about the purpose of government through ideas that have been included in the U.S. Constitution. The idea of self-government is reflected in the U.S. Constitution. The U.S. Constitution begins with the phrase: We the People.By beginning the U.S. Constitution in this way, the writers were making it clear that the people were creating and running the government.

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Vocabulary

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checks and balances

a principle of the federal government, according to the U.S. Constitution, that allows each branch of government to limit the power of the other branches

Common Sense

a pamphlet published by Thomas Paine in 1776 to convince the American colonists to support becoming independent from England

English Bill of Rights

a government document that expanded the powers of the English Parliament and expanded the rights of the people, as well as further, limited the rights of the king; written by the members of the English Parliament in 1689

habeas corpus

the principle that the government has to provide a cause or reason for holding a person in jail

limited government – a government that has been limited in power by a constitution, or written agreement

Magna Carta

a government document that limited the power of the king of England and protected the rights of the nobility; written by the English nobles in 1215

Mayflower Compact

an agreement between individuals that created a government that would provide order and protect the rights of the colonists; written by a group of English Puritans in Massachusetts in 1620

self-government

popular or representative system where the people create and run their own government

 

 

SS.7.C.1.3

Describe how English policies and responses to colonial concerns led to the writing of the Declaration of Independence.

    

During the French and Indian War, the English and the French fought over land located west of the colonies. The colonists supported the English and fought as part of their army. The English won the war, but the war left the English in debt and needing money. England looked to the colonies as a possible source of money, which led to a series of actions by King George III and the English Parliament (legislature) that upset the colonists. The king determined that one way to get rid of the debt was to tax the colonists. However, the colonists did not have representation in the English Parliament this led to the phrase “No taxation without representation”.

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The king and Parliament passed a series of laws (acts) that impacted the colonists in a variety of ways. Some of the acts taxed the colonists on different goods and services and sent the money made from the taxes to the English government. One of these laws was the Stamp Act, which taxed all printed materials, such as newspapers, legal documents and playing cards. Colonists viewed this act as unfair because the taxes went directly to the English government, and not into the colonial governments. In response to the Stamp Act, the colonists began to organize and speak out with their complaints (grievances) against the king and Parliament for the tax. Colonists also sent a petition to King George III stating that only colonial legislatures can tax colonists and that taxation without representation went against the colonists’ rights.

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The Parliament’s response to this petition was to cancel the Stamp Act but it also passed other acts. Parliament ordered colonial legislatures to pay for English soldiers that were located in the colonies and they ordered colonists to house the soldiers and supply them with food ( This is why years later the 3rd amendment is created in the Bill of Rights. Parliament also began to tax other items, such as tea, glass, lead and paints. In response, the colonists decided to boycott, or refuse to purchase, many of the taxed items and continued to speak out against the actions of the Parliament. Some of the acts went beyond taxing goods and services and impacted colonists in other ways. One example of this was the Coercive Acts, known by colonists as the Intolerable Acts. The Acts closed the port of Boston and did not allow for ships to get into the port to deliver goods. The Acts also ended some of the colonial governments.  The relationship between England and the colonies continued to worsen as the Parliament would pass and implement laws in the colonies and the colonists would continue to oppose the Parliament’s actions. The colonists continued to oppose the laws by organizing, writing petitions and speaking out against the laws, but over time they began to respond to English actions in a violent way. Colonists began to form militias and fight back against English troops in the colonies.

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While fighting between English and colonial troops increased, in January of 1776 Thomas Paine published Common Sense. This 50-page pamphlet criticized King George III and argued for the colonies to be independent from England. A few months later, Thomas Jefferson wrote the Declaration of Independence, which was formally supported by the colonial Congress on July 4, 1776.

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The colonists’ reasons for declaring independence can be summarized into three main themes: individual rights, taxation and representation. Individual rights are rights guaranteed to a person. Colonists believed that King George III and the Parliament limited the colonists’ individual rights by the laws that they passed and their reactions to colonial grievances. Colonists believed that their rights were limited by being taxed on various goods and services while these taxes did not benefit the colonies. They also believed that their rights were limited because their interests were not represented in the Parliament and because their ability to govern in the colonies was taken away.

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The English taxed goods and services used by the colonists as a way to pay off the debt that resulted from the French and Indian War. Colonists believed this taxing was unfair because the tax money went directly to England, instead of the money returning to the colonies. The colonists also believed the taxes were unfair because the colonies were not represented in Parliament. Colonists believed that taxation without representation was wrong. Representation was another main concern, specifically colonists’ views and opinions being represented in Parliament and the colonists’ ability to represent themselves in colonial governments. Colonists were not represented in Parliament and therefore their interests or opinions were not considered when laws were passed and other decisions made. Over time, the colonists’ right to govern themselves was taken away when parliament declared that the English had the highest authority to govern the colonies. The colonies later declared their independence by writing the Declaration of Independence and fighting for freedom.

Vocabulary

goods

merchandise or objects for sale or trade

Parliament

the name of the English legislature

tax

money charged by a government for specific facilities or services

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SS.7.C.1.4

Analyze the ideas (natural rights, the role of the government) and complaints set forth in the Declaration of Independence.

 

The writers of the Declaration of Independence included Enlightenment ideas in the document.  Natural rights represented much of their focus and stood as a primary reason for declaring independence.  The Declaration of Independence stated that natural rights were not given by government; natural rights were given by “Nature and Nature’s God.”

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 The Declaration of Independence reflects the specific natural (unalienable) rights of life, liberty and the pursuit of happiness.  The writers of the Declaration of Independence recognized that these three rights are broad and important enough to list.  The natural right to life gives individuals, and not the government control over their lives.  Limits on this right exist when an individual commits acts that violate others’ right to life.  Liberty gives individuals the right to be free. Being free would later be expressed in the Bill of Rights with concepts that include freedom of speech, religious exercise, the press, peaceable assembly and petition.  Liberty is also limited by the liberty enjoyed by other people within society.   Finally, “the pursuit of happiness” is whatever individuals define as making them happy.  Individuals have the right to try to achieve (pursue) their personal goal(s) that will lead to their personal happiness.  Pursuit of happiness is limited by the natural rights of other people within society.

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One of the basic functions of government is to protect the natural rights of individuals. Although according to the Declaration of Independence, government does not give individuals these natural rights—individuals are born with these rights and government protects these rights through the consent of the governed.  Government, then, receives its powers from the consent of the people who are being governed.  When the government becomes oppressive or does not protect the rights of the people and becomes a tyranny, the people have the right to “alter or abolish” the government, by changing it or replacing it with another government.  The Declaration of Independence does not create a government.

Vocabulary

Bill of Rights

the first ten amendments of the U.S. Constitution

Declaration of Independence

a document written in 1776 that listed the basis for democratic government and the grievances of the colonists

consent of the governed

an agreement made by the people to establish a government and abide by its laws  

oppression

the use of authority or power in a cruel or unjust manner

tyranny

a government in which a single ruler possesses and abuses absolute power