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Lesson 5

ORIGINS OF GOVERNMENT

This lesson will focus on the original sources of American democracy. You will see how the ancient Greeks, Romans, and others created systems of government that contributed ideas and practices for the American government hundreds of years later.

We consider United States to be UNIQUE.

While Americans created a new form of government, they were influenced by many ideas from the past.

It was the combining of those ideas that made the American system of government so daring and perhaps is the reason it has been so successful.

One influence was from ANCIENT BABYLON.

CODE OF HAMMURABI

In early societies, all political power resided in the king or queen who delegated some of the power to his/her most capable advisors and officers.

As society became more complex and organized, there was need for codes of laws to ensure some degree of order and justice. Of these codes, some of which appeared as early as 3000 BC, the most famous is that of Hammurabi in the eighteenth century BC.

(PF hammurab)

Hammurabi, the leader of ancient Babylon, was the first to write down all laws and the punishment for violating those laws.

Hammurabi's Code leaned heavily on the principle of "AN EYE FOR AN EYE"

The Hammurabi Code was harsh, but it was the first time a person knew what punishment to expect for violating a law before the law was broken. The Code began with a statement that the laws had been handed down to Hammurabi by the sun-god, the god of justice, to dispense justice in both civil and criminal cases.

This gave people a CONSISTENT JUSTICE SYSTEM.

Before the Code of Hammurabi, the punishment for a crime depended on the mood of the ruler at the time of the judgement. Was the defendant liked or disliked? Was he/she a friend or enemy of the ruler?

The Hammurabi Code also regulated marriage, divorce, inheritance, wills, slavery, business transactions, and guaranteed a surprising degree of freedom to women.

Much later the evolution of government moved to GREECE.

In ancient Athens, the Greeks developed a direct democracy. Every man represented himself while deciding government policy and law.

In fact, "democracy" comes from the Greek words demos "the people", and kratia "to rule".

The idea of written laws was lost but resurfaced again in the city of ATHENS, GREECE.

Athens was a city-state, which is a city and a nation that are one and the same and is independent.

A Greek tyrant, Draco, drew up a code of laws. The code was extremely harsh, with death as the punishment for most offenses. This was in the seventh century BC.

"Draconian" has become to mean harsh and cruel.

(angreece )

About 70 years later, another Greek ruler, Solon, revised the Draconian Code. Greeks could appeal the decision of government and meet in assembly to vote on important matters.

(NONVOTE)

In spite of its development in Greece, democracy was not enjoyed by all Athenians. Only about 20% of the population could vote. Those who could not vote were:

Despite limiting democracy, Athens has given us most OF THE NAMES FOR THE TYPES OF GOVERNMENT.

From Athens came the names for:

(parthnon)

The Parthenon was the center of Athenian democracy.

An important civilization that was built on the ideas of Greece was the Roman Empire.

From Rome came the idea of the REPUBLIC.

A republic is defined as a form of government in which the final authority of the state rests with voting citizens and is exercised by elected officials rather than a king or queen.

In a republic, the citizens elect representatives to exercise their political power.

(romexp)

Roman Empire

At the time the Greeks were flourishing, Rome was emerging as a strong city-state between 265 BC and 44 BC.

Rome won control of the Mediterranean world, uniting many different peoples and regions under its rule. Eventually the Roman Empire spread throughout all of Western Europe.

In the early Republic, Roman society was dominated by a class of wealthy landowners called patricians. The patricians, about 10% of the population, were the only people who could hold a political office.

The common people, including farmers, artisans, small merchants, and traders were called plebeians. Plebeians were citizens of Rome who paid taxes and served in the Roman army. Plebeians could not marry patricians.

Each year, two consuls were chosen to serve as the executive branch of the government. These two consuls could veto the acts of the other and they both had to agree with each other before a law could be passed.

The Roman Senate, consisting of 300 men who served for life, was the legislative branch of the government. The Senate proposed laws and advised the consuls regarding the daily activities of government. Please remember that all of the Senators were patricians.

The Roman government also consisted of assemblies and tribunes, who were government officials who protected the rights of the plebeians. All Roman citizens belonged to the assemblies, which could declare war or negotiate peace treaties.

By 494 BC, the tribunes became a part of the Roman government. Each year, ten tribunes were elected to serve in the government.

In 451 BC, Rome's first written law code was carved onto twelve stone tablets that were set up in the forum or central marketplace. Before this time, the patricians had explained to the plebeians the purpose and intent of the laws.

The laws carved on the twelve stone tablets outlined legal procedures for wills, property ownership, and other court cases. These laws applied to both patricians and plebeians. All of the future laws of Rome were based on the twelve stone tablets.

The Twelve Tablets protected all citizens from unfair treatment, which ultimately led to the creation of a more democratic Roman government. By 250 BC, plebeians were allowed to hold a political office and could marry a person from the patrician class.

A new class of rich plebeians gained control of the government.

The principles of a republic became an important aspect of the federal government of the United States.

The political belief that citizens should have representatives to speak for them was an important aspect of the American Revolution.

The colonists complained because they had no one to speak for them in the British Parliament. Their rallying cry of "no taxation without representation" speaks directly to our form of government.

In 1215, a political event occurred in ENGLAND that would have a profound influence on the government of the United States.

In 1215 AD, King John of England was forced to sign the MAGNA CARTA.

This document restricted the power of the king and created a limited monarchy (an autocracy that was not all-powerful).

The Magna Carta required the king to have Parliament's permission for:

(magna)

The Magna Carta represented to the English nobility, a written guarantee of the traditional rights and privileges they had always enjoyed.

The concessions in the Magna Carta were given by King John because he needed money to fight a war.

(pargovt)

King John also agreed to consult the Great Council before imposing any new feudal taxes. Eventually the Great Council evolved into the modern Parliament, the legislative branch of the British government.

King John also granted other rights to the nobles or free men because he needed money so badly. By signing the Magna Carta in 1215, King John also gave up:

The one great principle that the Magna Carta did proclaim in 1215 was that the king is and shall be below the law.

In other words, the principle that even the king had to obey the law of the land was firmly established.

Also from England came the English Bill of Rights.

In 1689, the British monarchs William and Mary, were forced to sign the English Bill of Rights which restated some of the provisions in the Magna Carta.

ENGLISH BILL OF RIGHTS

  1. The king could not suspend the laws, erect special courts of justice, maintain a standing army, or levy taxes without consent of Parliament.
  2. The Parliament should meet frequently and the members were to be freely elected and allowed freedom in their debates.
  3. The British people could not be refused a trial by jury nor could they be exposed to cruel or unusual punishments.

Parliament was an elected body that contained members for the nobles and the common people.

This was a political freedom and right that was denied the English colonists in North America.

Remember the "no taxation without representation" complaint.

The king or queen could not collect or spend taxes without the consent of Parliament.

Taxing citizens is also called "levying money."

Also forbidden to the king were:

  1. Cruel and unusual punishments
  2. Excessive fines or bail
  3. Violating known laws of the country

Many of these provisions were included in the United States Bill of Rights.

This system of government guaranteeing the rights of British citizens was very familiar to the American colonists. By the 1700s, the colonists expected to be treated fairly because there were, in fact, British citizens.

When King George III of England did not follow these laws, the colonists became dissatisfied and finally were ready for a change in their government.

(majorev)

Summary

The objective of this lesson was to examine the origins of the American government as influenced by Greek democracy, the Roman Republic, the Magna Carta and the English Bill of Rights.

In the next lesson we will continue our study of the origins of the American government.

Good luck on the tests!