Origins of American Government

Influences on American Government

The writing of the US Constitution and creation of the US Government was influenced and shaped by many sources, including the experience of British rule and several influential documents.

The first document that influenced the creation of the US Government is Magna Carta, which was signed by King John of England in 1215. Magna Carta did 3 key things- it created a representative government with a bicameral (two house) legislature, known as Parliament; it established that everyone, including the king, was subject to the law, and it gave Englishmen basic rights & freedoms, such as the right to trial by jury and due process.

The charters of the Virginia Company of London also had an impact on the development of US Government. King James I of Great Britain granted a charter to a group of English investors named the Virginia Company of London to allow them to establish a colony on the East Coast of North America in 1606. The charter guaranteed the settlers of the colony (Jamestown) the same rights and freedoms as people living in Great Britain, and a 2nd charter repeated this guarantee in 1609.

The Virginia Declaration of Rights, written by George Mason and adopted by the Virginia Colony in 1776, also influenced American government. The document stated that all men where equally free and had inherent rights (natural rights), such as life, liberty, happiness, safety, and property with means. The document also protected press and religious Freedom, and expressed that liberties couldn’t be taken way except by law or judgement of one’s peers. The Virginia Declaration of Rights would serve as model for the Bill of Rights.

Magna Carta video

Bicameral video

Charters of the Virginia Company of London video

Virginia Declaration of Rights video

Natural Rights video

The Road to Independence

Many colonists began to feel that their rights guaranteed in colonial charters had been violated by the British, which became a main argument for separation. Upset colonists had several complaints. One complaint was that Britain imposed several new taxes (such as the stamp & sugar acts) on the colonists to help pay for debts from the French & Indian War without the consent of the colonies, as there was no colonial representation in Parliament. The colonists also felt that the British had violated due process, as people were being jailed without trials. Another complaint was the fallout from the Boston Massacre, where 5 people were killed by British troops, and all 8 troops that were put on trial were found not guilty of murder (2 were found guilty of manslaughter). Nothing upset disgruntled colonists more than the Intolerable Acts, which were instituted by the British Parliament in 1774 as a response to the Boston Tea Party, where the Sons of Liberty protested a tea tax imposed by Britain by dumping over 300 chests of tea in the Boston Harbor. The Intolerable Acts ended self-rule in Massachusetts, closed Boston Harbor, and dispatched thousands of troops to the colony. After a petition to King George calling for a repeal of the Intolerable Acts was rejected, delegates at the 2nd Continental Congress passed a resolution written by Thomas Jefferson, with assistance from John Adams & Benjamin Franklin, declaring independence in early July of 1776.

Road to Revolution video

Sugar & Stamp Acts video

French & Indian War video

Writing the Declaration of Independence video

The Declaration of Independence

There are 4 parts to the Declaration of Independence. First, the Introduction states the intention of the colonies to dissolve the “political bands” that connected them to Britain. The next part is the Declaration of Natural Rights, which states that “All men are created equal” that we all have “unalienable” rights, (or rights that cannot be taken away) such as life, liberty, and the pursuit of happiness, and if government fails to protect these rights, the people have the right to form a new government. The next part is the List of Grievances, which is a list of all of the colonists’ complaints about the actions of the British King and Parliament. The final part is the Resolution of Independence, which states that the colonies are free and independent with the intent to defend their independence.

Declaration of Independence video

Virginia Statute of Religious Freedom

After declaring independence, states drafted their own constitutions and other documents that included branches of government, the separation of powers, and rights protections for citizens. One such document was the Virginia Statute of Religious Freedom, also written by Thomas Jefferson, which protected the freedom to hold and express any religious belief and would influence the 1st Amendment to the US Constitution.

Virginia Statute of Religious Freedom video

Articles of Confederation

The Articles of Confederation, ratified in 1781, set up the 1st plan of government in the United States. There framers of the document feared that a strong national government might trample the rights of the people, so they gave most powers to the states, creating a weak central government.

Articles of Confederation video

Weaknesses of The Articles

The Articles of Confederation had several weaknesses that prevented the document from creating an effective government. In regards to government structure, there was no executive branch to carry out laws and no judicial branch to apply them. There was only a unicameral (one house) legislative branch, but each state had one vote regardless of size. At least 9 out of 13 states had to agree to pass any law, and the approval of all states was needed to amend, or change, the articles (no amendment was ever passed). Lastly, the national government had no power to enforce laws because states had the power to ignore them by using the doctrine of nullification.

There were also economic issues. Congress was not allowed to tax the states, so they had no way to raise money and had to rely on states to provide money voluntarily. Congress also could not regulate interstate commerce (trade between states). And both the national and state governments could coin/print money, which made money virtually worthless.

Weaknesses of the Articles of Confederation video

Pressures for a Stronger Government

In 1786, a group of small farmers and property owners led by Daniel Shays rebelled against the Massachusetts government after they had their properties foreclosed and repossessed (taken) by the state courts. Since the national government had no money to raise an army, it was powerless (a private militia defeated Shays and the rebels), and Shays’ Rebellion was key in showing that under the Articles of Confederation, the national government was too weak to enforce the nation’s laws and showing that there was a need for a new government (who would protect people & their property?).

Shays' Rebellion video

The Constitutional Convention

In May of 1787, 12 out of 13 states (Rhode Island did not participate) sent delegates to Philadelphia for a national convention to revise the Articles of Confederation . After a few days, the delegates decided to replace the Articles with a new plan for a strong national government. After 4 months of drafts, debates, and revisions, the delegates completed the new plan in September, which would become the US Constitution.

Constitutional Convention video

Resources