English Bill of Rights 1689 Summary

							Pete Simoncini
Welcome one and all to our
    class. To begin this
semester’s instruction, let’s
 review the course website
       and syllabus.
And back into the learning mode, we
 shall now of the short diagnostic
To ease outhave a vacation mode.
                ..
 test about American government.

You may work alone or with a partner
       Most of our classes will be
     discussion-based. However,
        tonight I shall provide a
    background lecture summarizing
     some of the issues covered in
      Chapter 1 and giving a brief
        historical background of
        American government.
What nations sought to colonize the New World?
     type governments did these nations have?
     Divine Right of Kings
Belief that monarchs chosen by
 God; thus only responsible to God
Belief held in continental Europe
Kings had absolute power—greater
  power over nobility.
              Henry II (1154-1189)
              Trial by jury—no more
              courts of feudal lords
              (i.e. trial by combat)
12 men answered questions about case
Did not decide innocence or guilt
Judges’ decisions used as precedence
Common law—reflected customs and
  principles established over time
                   King John
                   Unpopular brother of
                   Richard Lion Hearted

Tried to raise taxes to pay for war with
France (unsuccessful)
Noblemen rebelled
Magna Carta (1215) Source of the
traditional British respect for individual
rights and liberties
              Magna Carta
Contract between king and nobles
Limited power of monarch—had to rule
  according to laws
Taxes could only be levied based on
  “common consent of our kingdom”
  over time: through Parliament.
Right to due process (have law work in
  known & orderly ways). Protection of
  the law & jury trials
                  Edward I
                  Needed funds for war
                  with France (1295)
Wanted wide support: called meeting of
 all nobles, knights and burgesses
 “What affects all, by all should be
             approved.”
Convened the Model Parliament—voted
  on taxes, made reforms and laws.
         Parliament by mid-1300s
          Bicameral legislature
  House of Lords      House of Commons

 Nobles & bishops    Knights & burgesses
                     Controlled purse
                          strings
Further limited power of the monarch and
 established principle of representation.
             Divine Right of Kings
        Belief that monarchs chosen by
         God; thus only responsible to God
        Belief held in continental Europe
        Kings had absolute power—greater
           power over nobility.
Belief held by James I (Stuarts of Scotland)
          successor to Elizabeth I.
         James I (Stuart)
         Puritans wanted to change (or
         purify) Church of England’s rites,
         doctrines & ceremonies through
         legislation.
Royal court was the Star Chamber—
 ignoring parliamentary courts which
 used common law. (Considered a tyrant.)
Needed money: tried to raise it without
 approval of Parliament.
         Charles I (Stuart)
         Succeeded James I in 1625
         Asked Parliament for money (via
         taxes)
In exchange, Parliament forced Charles
to accept the Petition of Right, which
demanded an end to:
  •Taxing without Parliament’s consent
  •Imprisoning citizens illegally
  •Housing troops in private homes
  •Military government in peacetime
         Oliver Cromwell
           Charles signed petition of right
           then ignored it. Disbanded
           Parliament 1629-1640
 English Civil War—Charles loses and is
  executed.
Cromwell establishes a republic: the
 Commonwealth of England
Parliament did not enact religious, social
 and economic reforms he wanted.
Dissolved Parliament 1653—Lord Protector
            The Restoration
Cromwell’s authoritarian rule unpopular.
Successor, Richard Cromwell (son), weak
Parliament restored monarchy and
Charles Stuart (Charles II) became king
Parliament retained its powers pre-
Cromwell
1679: Habeas Corpus Amendment Act
(You are ordered to have the body)
              William & Mary
          Parliament withdrew
          support from successor
          to Charles II, James II
Mary Stuart and William of Orange became
 co-rulers of England 1689
Glorious Revolution—turning point in
 English constitutional history.
With monarch’s power limited by the
 Parliament, a constitutional monarchy
          English Bill of Rights--1689
Formal summary of the rights and
liberties considered essential.
    Limited monarch’s power
    Free speech in Parliament
    Parliament had to approve any
       suspension of laws, taxes or
       forming of a peacetime army.
    No excessive bail or cruel/unusual
        punishment
    Frequent meetings of Parliament
How would you summarize the history of
English government that we have covered
thus far?
Movement toward more popular sovereignty
Movement toward a republican form of gov’t
Some attempt at separation of powers within
  the government & checks and balances
Movement toward more limited government
Establishment of more individual rights
These are all fundamental precepts of the U. S.
Constitution. But there is one more very important
one. Does anyone know what it is?
 Hey, Simoncini. This is all
nice stuff. But this course is
supposed to be about United
 States government. How
does it all apply to how OUR
 government came about?

             Good point, Mr. President. All of
                that information is important
             background, as our government
                 is derived largely from the
               English tradition. But, you are
             right. Let’s now look at the roots
                  of American government.
 Different colonies:
 different reasons for
 colonizing.
Plymouth/Mass. Bay:
religious freedom
Virginia:
economic
PA & NY: debt from
Charles II to backers
 Georgia:
 a refuge for debtors;
 military buffer
Colonial governments—at first little interference
 from England
Chesapeake: at first, almost military
 After riches
 Owned by a Joint Stock
  Company (corporation):
  a proprietary colony
 John Smith: took charge to
   save the colony.
 Later, the JCS appointed a governor
July 30, 1619—first meeting of House of Burgesses
First legislative assembly in America
Make local laws that could be vetoed by either
the governor or the Board of Directors in
England
Plymouth Plantation/Massachusetts Bay
Religious freedom
Theocracy: oligarchy (rule
 of a few) run by church
 leaders
Roger Williams rebelled,
promoted separation of
church and state; banished;
escaped and founded
 Rhode Island
Pennsylvania
Granted by Charles II to
William Penn, Sr. in repayment
for assistance during Civil War
Along with New York (New
Jersey) and the Carolinas,
known as a Restoration Colony
Penn willed to his son, William, a Quaker, who
established an open colony with universal male
citizenship/suffrage. A proprietary colony—loose
association with the Crown
From beginning, all
colonies had a governor
Mercantilism—colonies
as a means to national
wealth
Eventually, all colonies
converted to royal
colonies, with governors
appointed by king/
parliament
The colonies also had different economic
 activities as well as geographic aspects
New England--
mountainous, rocky soil,
fishing, lumber, crafts

               The South—
             warm, moist
             climate; mostly
             agricultural economy with
             crops that grew well in that
             climate; slave-based economy
England’s American colonies began to be
economically profitable
  tobacco, rice, indigo, fish, lumber, crafts, other
  commodities
Navigation Acts: 1650-1696—Parliament passed
laws forcing all commodities from colonies to
pass through England on English ships
Parliament appointed governors, customs officers,
other officials to enforce Navigation Acts
From 1650 to 1763, many “appointed” officials
Purchased their commissions for selves or
relatives
Then stayed in England, sending “proxy” officials
to represent them in the colonies
 Proxies were poorly paid and resorted to
 corrupt and extracurricular business dealings
 Spent much time “away” from jobs
Meanwhile . . .
  Colonies needed governing—laws, police,
  transportation networks, public services
  Following English political tradition, colonial
  legislatures, in place in all of the colonies,
  began going around the governors and other
  officials and “taking charge.”
  Popular with the people—enjoyed the idea of
  self-governance, but still considered them-
  selves loyal subjects of the King
But, governance limited to individual colonies
In fact, due to differences in economics, political
differences, social differences (Southern
aristocracy versus egalitarian New England, for
example), other differences, significant distrust
and dislike of colonies and colonial assemblies
for other colonies
Absolutely no thought of uniting into one
comprehensive group of colonies. Rather all
saw themselves as separate entities
One reason for early attempts at unification:
security from Native Americans



1643: New England Confederation
New England colonies agreed to work together
to defend against Native American attacks or
attacks by Dutch settlers in what is today New
York
Few powers and little cooperation because of
disagreements; ended 1684
1754: Meeting of representatives of 7 British
colonies and leaders of the Iroquois Nation in
Albany, New York to plan defense against
possible attacks from French and Native
American allies (French & Indian War)
At the meeting, Benjamin Franklin
proposed the Albany Plan of Union,
that would include a council of
colony representatives that could
levy taxes and raise an army as well
as regulate
trade with Native Americans
Rejected by colonial governments
System of proxy British officials and powerful
colonial legislatures continued until the French
and Indian War—extension of Seven Years War
Although a victory, the war caused conflict and
animosity between colonists and British
The war nearly bankrupted the British government
 Parliament decided to strictly enforce the
 Navigation Acts
 Appointed officials must serve at their posts
 Colonial legislatures lost substantial power
Proclamation of 1763
Taxes via Sugar Act, Stamp Act, Townshend Acts,
Coercive (Intolerable) Acts, etc. passed by
Parliament in England and paid by colonists
Angered colonial legislatures, but
   Still considered themselves loyal to King
   Still distrustful of other colonies
First Continental Congress of 1774—first meeting
 of all colonies (56 delegates)
Even with the fighting of the American Revolution
 And the Declaration of Independence
 Colonies still distrusted one another and,
 because of their dislike of the King and
 Parliament as the war went on, colonial
 legislative leaders highly distrusted a strong
 central government for the new United States

Led to the Articles of Confederation
Early American Political Tradition
 Reflective of years of English political tradition
 Power of colonial legislatures and distrust of a
  monarch and desire for popular sovereignty
 Weak national government with most power
  to the states—so the early USA was a loose
  confederation of states
 Almost led to defeat in the Revolution
 George Washington adamant in calling for a
  strong national government