ORIGINS OF U.S. GOVERNMENT

I. THE GREAT CHARTER (Magna Carta) (1215)

A. Signed by King John

1. Ignored for over 400 years

B. Applies to United States:

1. Trial by Jury

2. Due Process

3. Private Property

II. PETITION OF RIGHTS (1628)

A. Signed by Charles I

B. Limited king's rule

C. Challenged the "Divine Right" of kings

III. ENGLISH BILL OF RIGHTS (1689)

A. Signed by William & Mary of Orange

B. Applies to United States:

1. Trial by Jury

2. Due Process

3. No Cruel Punishment

4. No excessive bail or fines

5. Right to Bear Arms

6. Right to Petition

IV. VIRGINIA DECLARATION (1776)

A. No Reasonable Searches or Seizures

B. No Cruel Punishment

C. Freedom of Speech

D. Freedom of Press

E. Freedom of Religion

V. BILL OF RIGHTS

A. Trial by Jury

B. Due process

C. Private property

D. No reasonable searches or seizure

E. No cruel punishment

F. No excessive bail or fines

G. Right to bear arms

H. Right to petition

I. Freedom of Speech

J. Freedom of Press

K. Freedom of Religion

VI. AMERICAN COLONIES

1. Established over 125 years

1. Charter, written grant of authority from king.

2.  established three kinds of colonies:

1. royal, proprietary, charter

2. First, Virginia

1. 1607, Jamestown

2. Virginia Company

3. Massachusetts

   1. seeking personal & religious freedom

4. Last, Georgia

   1. 1732, Savannah

   2. refugees from harsh English poor laws

3.  Royal Colonies

1. Virginia (1624)

2. Massachusetts (1691) [Former Charter]

3.  New Jersey (1665) [Former Proprietary]

4. New Hampshire (1679)

5. New York (1685) [Former Proprietary]

6. North Carolina (1712) [Former Proprietary]

7. South Carolina (1712) [Former Proprietary]

8. Georgia (1754) [Former Proprietary]

Subject to direct control by crown.

Bicameral, [two-house] pattern of government emerged

1. Two-House Legislature

   1. Council, named by king advisory body to governor [later] highest court in colony

   2. Lower House, elected by qualified property owners

      1. Virginia, House of Burgesses

      2. South Carolina, House of Commons

      3. Massachusetts, House of Representatives

   3. BOTH could tax and spend

   4. Laws had to be approved by governor and  the king

4. Proprietary Colonies

   1. Defined as: a person whom the king had made a grant of land.

1. Maryland, Lord Baltimore (1632)

2. Pennsylvania, William Penn (1681)

3. Delaware, William Penn (1682)

2. By charter, the land could be settled and governed  much as the proprietor (owner) chose

3. Unicameral, [one-house] government emerged from Pennsylvania

4. Appeals of decisions made be proprietor or government could be taken to king

5. Charter Colonies

1.  Connecticut (1662)

2. Rode Island (1663)

VII. PRE-DECLARATION

A. Summary:

1. States had made significant strides in representative government

2. Crown appointed governor somewhat subservient to colonial legislatures by virtue of their control over  revenue measures a. actually had greater than Parliament over King

3. Britain saw that the "mother country" had lost control & were determined to do something.

a. CHOICES:

DEMAND ENFORCEMENT - failure, colonial legislatures and governors did not carry out King's instruction

IMPOSE TAXES - unlimited parliamentary power

(a) Colonies were virtually sovereign by this time.

4. Seeing Parliament's attempt at stripping local authority the colonist rebelled rather than submit to force!