british roots the roots of our us government – straight out of england

British Roots

The Roots of Our US Government – Straight out of England

• The majority of early settlers in America came directly from England.– Naturally, when starting their own communities,

they stuck to what they knew.• We can find 3 primary examples when

looking at our own government today.1.Ordered government2.Limited government3.Representative government

1). Ordered government – a government that has certain established offices and boundaries – ex:

• office of a sheriff• the idea of judges• the idea of a local treasurer• the idea of dividing areas of a country into towns and cities

2. Limited government- a type of rule where the power of the ruler is limited according to a specific agreement between the ruler and the people

• The people also have certain rights that can’t be taken away by the ruler

to review – what type of government is it when a ruler (a king or queen) is limited to rules they have to follow?

• Constitutional Monarchy

Limited government was reestablished through the signing of the Magna Carta (1215)

• it all started in 1199 when King John of England started expecting a lot out of his lords

• he wanted the lords to pay heavy taxes in order to become his advisors

• the lords (supposedly led by one lord, Robert Hoad) were angry and waited for the right moment to strike

• the moment came when John became distracted by a war with France

• the lords fought against the king and almost overthrew the government

• in return for letting him keep the throne, John agreed to in 1215 to:

• keep the church free from royal influence thus helping to establish the idea of the separation between church and state - just like here in America – what amendment covers this? 1st Amendment

• not make demands for money from the lords unless they agreed upon it first also known as “taxation without/with representation” – in which part of the US Congress must all tax bills start?

House of Representatives

• he also said that he would not sell, deny, or delay justice for his own personal reasons – this is otherwise known in the US as due process

• he stated that no freeman would be tried without being judged by a jury of his peers – this in the US is otherwise known as what?

Trial by jury

• the king also agreed to be supervised by a council of barons (each specializing in a different area) who could overthrow him if he could not perform his duties (like if he was sick) – How did this idea effect the American presidency?

The president has a cabinet which helps him (and can

replace him)!

• there were a few problems: the Magna Carta only applied to the nobility (the rich people)! Also, hard to enforce

The solution: The English Bill

of Rights• it was signed in 1689 as part of

the coronation agreement between William and Mary and the English people (if they didn’t sign it they wouldn’t have gotten the throne)

• Its considered the document which ended the idea of divine right of kings – What’s divine right again?

When the king is (supposedly) chosen by

God

• But what does the English Bill of Rights say?• the monarch needs the okay from Parliament to

suspend laws, raise taxes, and maintain an army

• the monarch must guarantee the right for trial by jury to all people

• the king/queen needs to call parliamentary sessions to keep the people involved in government

• It also said that the people (rich or poor) have the right to protest against the government if they don’t like what the government is doing

• the people should not be subject to cruel and unusual punishments – like death for not paying your taxes

3. Representative government• the type of rule where people elect delegates/officials to make

laws and conduct government

• England’s Representative Government: Parliament

• founded in its present form in 1295

• its considered bicameral - its made up of two houses – what are the 2 houses in the US?

The Senate and the House of

Representatives

• House of Lords – the upper chamber/house – kinda like our Senate and Supreme Court combined

• until 1999 it was made up of:

• ancestors of landowners from centuries ago

• bishops and archbishops in the Church of England

• retired lawmakers from the other house of Parliament

• honorary officials appointed by the king/queen in the fields of science, literature, the arts or business

• they are not elected and serve until they die• until 1999, it had 1,170 members – but only about 100 went to meetings • they only attend session ½ the year for about six hours a day – usually

starting at about 1 pm• they receive no salaries – but the English people paid for all their travel

expenses everywhere• What do you think the English people thought of the House of Lords?

• as a result, in 1999 the elected part of Parliament voted out most of the members (750) who only had their title because of their families

g) functions:• 1) they can pass/delay (but not veto) legislation (laws) • 2) they can make amendments/changes if necessary to the

laws (just like in the US)• 3) they are the highest court of appeals (like the Supreme

Court they have the final say on court cases)

• The House of Commons – the lower chamber of Parliament – somewhat like the House of Representatives

• made up of elected officials (called “MPs”) who act on the entire country’s and all the colonies behalf (hence Britain has a representative democracy)

• each official is elected from a part of the country with roughly the same population

• if a member dies the area where s/he is from has a special election (known as a by-election) to choose a new one

• it has 659 members –• 529 from England• 72 from Scotland• 40 from Wales• 18 from Northern

Ireland

• e) its made up of two major parties • the Conservative party – mostly made

up of the rich who are for “free enterprise” which makes them what?

• the Labour party who is mostly socialist – who do you think they represent?

• f) they receive an annual salary as well as money for their travel expenses

Capitalist

The Workers

d) functions:• 1) elect a leader amongst

them (a Prime Minister) who leads all of Parliament

• a) s/he is a member of the majority party and usually has the ruler’s approval

• b)s/he makes a cabinet (just like in the US) to help rule

• c) the prime minister gets a special salary and a special house to live in

• d) the only problem is that if Parliament doesn’t like you they can remove you at any time (during a “vote of confidence”)

• 2) the House of Commons also make laws in its chamber (only after the king/queen has given them his/her blessing and the beefeaters have checked the chamber for bombs)

• 3) the House can also question the Prime Minister and the ruling political party (which they do frequently)

• C) Finally (and again) the influence of an Englishman named John Locke also had an impact on early America

• 1) Again he stated that we all start off life in anarchy• 2) Then eventually we work out a “social contract” with the government in

that we give up some of our rights in return for the government’s protection

3) We still keep the rights of:

a) life b) libertyc) property

• 4) If the government does not uphold these rights the people have the right to abolish the government – What does it mean for the colonies (like the US) who were unhappy with Parliament representing them?

They start a revolution!

extras

• The Charter of Liberties, also called the Coronation Charter, was a written proclamation by Henry I of England, issued upon his ascension to the throne in 1100.

• It bound the king to certain laws regarding the treatment of church officials and nobles.

• It is considered a landmark document in English history and a forerunner of Magna Carta.

• King John had taken an oath to renew the laws of Edward the Confessor, and Archbishop Langton produced the Charter of Henry I, which recited these laws, and laid it before the Barons, who declared themselves ready to die for their liberties.

• John refused to ratify his promise, but the Barons forced him to sign the charter -- Magna Charta, as it is called - which is the foundation of our liberties as Englishmen.