Any government that is not based on consent of the governed can be justifiably overthrown and replaced according to the Declaration of Independence
The colonists’ slogan of “No taxation without representation” expresses their belief in consent of the governed
If the colonists were to be taxed, they believed they had a right to vote for their representatives in Parliament
A democracy is based on the principle of consent of the governed
In a democracy, the people give government its power
This is radically different than divine right theory or the idea that a ruler’s power comes from God and not the people
Americans believe that a ruler’s power comes from the PEOPLE
Thomas Paine and Common Sense and Views on Mercantilism
Thomas Paine, the great patriot, wrote a pamphlet
In his pamphlet, he encouraged the colonists to fight for independence from Britain
He showed the colonists that there was no benefit to being ruled by Britain
He especially opposed mercantilism or the idea that colonies exist for the benefit of the mother country
Thomas Paine wrote, “Our corn will fetch its price in any market” or this idea that the colonies don’t need the mother country because the colonies can sell their goods to any country – every country wants good American corn
Thomas Paine also stated that the British were the kind of mother country that devoured its children and therefore not a mother worthy of obeying
He encouraged the colonists to fight the colonial power
The Stamp Act Congress
The Stamp Act was a tax on the American colonies by the British in 1765
It stated that the colonists had to pay a tax on all sorts of printed materials such as newspapers, magazines and legal documents
It was called the Stamp Act because the colonies were supposed to buy paper from Britain that had an official stamp to show that they had paid the tax
The colonists hated the Stamp Act because they believed in consent of the governed; they believed that they could only be taxed if they voted for their representatives in Parliament
Representatives from the colonies gathered together in New York City from October 7 to October 25 in 1765
They prepared a unified protest of the Stamp Act to Britain
At this meeting, they stated clearly their belief that only elected representatives of the colonies could levy taxes
With taxation, must come representation
Thus, the Stamp Act had to be disobeyed for the colonists did not vote for representatives in Parliament
A Chronology of Protest
The British needed revenue after the French and Indian War
Yes, the British won the war but war is expensive
So, the British began to act like a Mother Country towards the thirteen colonies
And what do mother country’s do: they tax
So, it starts with the Sugar Act and then the Quartering Act and the Stamp Act and the Townshend Acts and then the Boston Massacre
The colonists then dump tea in Boston Harbor during the Boston Tea Party
The British respond with the Coercive Acts
Well, it eventually leads to revolution
But remember it started with a tax
The Louisiana Purchase
President Thomas Jefferson purchased the Louisiana Territory from France, specifically from Napoleon
The territory included the Mississippi River, the Great Plains, and the Port of New Orleans
Americans gained full control of the Mississippi River with the Louisiana Purchase
This purchase allowed farmers in the Ohio River Valley to transport their goods along the Mississippi River
Thus, it was a benefit for trade
Yes, the Mississippi River was a major trade route that transported goods from North to South
The Mississippi flows into the Gulf of Mexico which led to the development of the trading port city of New Orleans
The region of the Great Plains is known as the “breadbasket” of the nation as farmers grow important grains on the Great Plains and cattle is also herded on the Great Plains
This was a great purchase for the United States but it almost didn’t happen because Jefferson was a strict constructionist and nowhere in the Constitution does it state that a President may purchase land
Jefferson modified his beliefs for this purchase and was convinced that since a President can make a treaty and the Senate must ratify the treaty that this purchase was really a treaty
Jefferson also sent Lewis and Clark to map the territory which encouraged westward expansion
Lewis and Clark were greatly helped by the Native American Indian, Sacagawea
The Virginia House of Burgesses and the Mayflower Compact
The Mayflower Compact was a document signed by 41 male Pilgrims on November 21, 1620 on the ship called the Mayflower
By signing this document, the men agreed to form a temporary government and be bound by its laws
The compact became the basis of government in the Plymouth Colony
The Mayflower Compact is an example of self-government in the colonies
The Virginia House of Burgesses was a representative body in the colony of Virginia
The House of Burgesses was the first democratically-elected legislative body in the British American colonies
Colonists could elect representatives and participate in government
Thus both the Mayflower Compact and the House of Burgesses are examples of self-government in the colonies
Mercantilism
The idea that colonies benefit the mother country
Colonies only trade with the mother country
Colonies only export raw materials or natural resources
Colonies only import finished goods from the mother country
Gold and silver is taken from the colonies to the mother country
Mercantilism was a popular economic philosophy in the 17th and 18th centuries in Europe
In this system, colonies were moneymakers for the mother country
The British system of mercantilism was opposed by many American colonists because it placed restrictions on trading
Colonists hated mercantilism
As Thomas Paine wrote in Common Sense, “...I challenge the warmest advocate [supporter] for reconciliation, to shew [show], a single advantage that this continent can reap [gain], by being connected with Great Britain. I repeat the challenge, not a single advantage is derived [acquired]. Our corn will fetch its price in any market in Europe, and our imported goods must be paid for, buy them where we will...”
The Declaration of Independence
Written by Thomas Jefferson
Stated the reasons for the colonists’ grievances with England
Stated the colonists’ belief in natural rights and consent of the governed
Also formally announced independence from Great Britain
Justified rebellion
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it...”
This document provides a justification or reason for revolting against unjust governments
If a government violates the natural rights of its people or acts as a tyrant and does not allow citizens to vote and pick representatives – if it violates principles such as consent of the governed – then the people have a right to revolution
Virginia Act for Establishing Religious Freedom
In 1779, the Virginia General Assembly stated: “No man shall be compelled to frequent or support any religious Worship place or Ministry whatsoever…”
This act boldly pronounced that “our civil rights have no dependence on our religious opinions any more than our opinions in physics or geometry”
It concludes that “all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities”
Of course, the principle of religious freedom emphasized in this act is also established by the First Amendment to the U.S. Constitution
And by the way, Thomas Jefferson had listed on his gravestone this as his greatest achievements along with the better-known Declaration of Independence and the University of Virginia
Author of the Declaration of American Independence
of the Statute of Virginia for religious freedom
& Father of the University of Virginia Antifederalists
The Antifederalists opposed the ratification of the US Constitution
The Antifederalists feared a powerful central government
Their great success was in forcing the first Congress under the new Constitution to create the Bill of Rights, amendments protecting individual rights and freedoms
Antifederalist were joined by a large number of ordinary Americans particularly yeomen [a man holding and cultivating a small landed estate] farmers who predominated in rural America
The one overriding social characteristic of the Antifederalists as a group was their strength in newer settled western regions of the country
They believed that the greatest threat to the future of the United States lay in the government’s potential to become corrupt and seize more and more power until its tyrannical rule completely dominated the people
Having just succeeded in rejecting what they saw as the tyranny of British power, Antifederalists feared kings
The President’s vast new powers, especially a veto that could overturn decisions of the people’s representatives in the legislature, were especially disturbing to the Antifederalists
The Federalists [supported ratification of the Constitution and a strong central government] and the Antifederalists were the first political parties in the United States
The Great Compromise
A compromise between the big states and the small states over congressional representation
It led to the creation of a bicameral Congress
Representation in the House of Representatives is based on the population of each state
States with more people receive more representatives in the House of Representatives
Each state, however, receives two senators
In the Senate, every state receives the same number of representatives
A census is recorded every ten years to determine each state’s number of representatives in the House of Representatives
The Great Compromise is also known as the Connecticut Compromise
The Great Compromise protect the interests of states with small populations and states with large populations
The Unwritten Constitution
Traditions and practices of U.S. Government but not listed in the Constitution
Examples include the President’s cabinet, political parties, congressional committees, and judicial review
The unwritten Constitution has become a part of American government even though its principles are not found in the Constitution
The Electoral College
Voters in the United States don’t directly vote for the president
People actually vote for a group of electors when they go to the polls on Election Day
These electors have pledged to support a party’s nominee for president
In many states the ballot lists only the names of the nominees and not the names of the electors, so many people believe they are voting for the president
The Electoral College, this system of presidential electors, is still in effect today, although some adjustments have been made over the years
And remember that a candidate can win the popular vote and not the electoral vote
Many critics of the electoral college system point out that it might not select the candidate with the largest number of popular votes
It is for this reason that some people are critics of the Electoral College because a candidate can be elected president without the popular vote
Checks and Balances
By creating three branches of government, the delegates built a “check and balance” system into the Constitution
This system was built so that no one branch of our government could become too powerful
The constitutional principle of checks and balances best protects the public from abuse by one branch of government
Each branch of government has the power to limit the power of the other branches
Due to separation of powers, each branch has the power to check or limit the power of the other branches of government
By creating separation of powers with legislative, executive and judicial branches of government, tyranny is prevented
Federalism
The American System of government
Power is shared between a federal government and state governments
Concurrent powers are powers shared by the Federal and state governments in the American system of government known as federalism
An example of a concurrent power is the power to tax
Both the federal government and the state governments can levy or make or impose taxes
Some powers are only delegated to the Federal Government such as the only Congress can declare war
And some powers are reserved for the states such as each state determines its requirements for graduation
An example of federalism is the national government coins money, but states cannot
The Amendment Process to the Constitution
The authority to amend the Constitution of the United States is derived from Article V of the Constitution
The Amendment process allows the Constitution to be changed
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures
None of the 27 amendments to the Constitution have been proposed by constitutional convention
An amendment is a modification, addition or deletion of or to the U.S. Constitution
The amendment process allows for a flexible Constitution, a Constitution that can change over time
If not for the amendment process, the Constitution would not have endured or survived
Think about it: After the Civil War, the amendment process allowed for the abolition of slavery (the thirteenth amendment) – however, if the amendment process did not exist then the Constitution would have had to be discarded and a new Constitution created
“We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” ~ Preamble to the Constitution
A preamble is an introduction
Our Constitution begins with the words: We the People
This means that the people form the government or that government’s power comes from the people
The preamble states that sovereignty (supreme power or authority) belongs to the people of the nation
Yes, the people rule in a democracy
The sovereign is “We the People…”
The Fourth Amendment
Protects Americans against unreasonable searches and seizures
This means that a police officer must have a warrant issued by a judge in order to enter and search a person’s house
The warrant can only be issued if there is evidence to suggest wrongdoing
In addition, the police officer may only search for the item or items listed on the search warrant
However, there are moments when the individual freedoms and liberties can be suspended such as in times of rebellion or invasion
In other words, if the nation is threatened, some rights can be temporarily suspended
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” ~ The Fourth Amendment
But “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” ~ Article I, Section 9 of U.S. Constitution
The writ of habeas corpus is a court order that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner’s release
Habeas corpus means to bring the person to court and to either charge the person with a crime or release the person
But notice: the writ of habeas corpus can be suspended in times of national emergency
Thus, the Constitution balances individual liberty with the need for order in American society
A Strict Interpretation of the Constitution vs. a Loose Interpretation of the Constitution
In the Constitution, there is a clause called the elastic clause
The elastic clause gives Congress the right to do what is “necessary and proper” in order to carry out its duties
A person who believes in a strict interpretation of the Constitution would only use the “necessary and proper” or the elastic clause if it was absolutely necessary or was an emergency
A person who believes in a loose interpretation of the Constitution would use the elastic clause freely as the Constitution gives congress power to do more when necessary