Benjamin Franklin
(1706-1790)
Benjamin Franklin was born on January 17, 1706,
in Boston, Massachusetts. He died on April 17,
1790, in Philadelphia, Pennsylvania.
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"No
Taxation without Representation"
In the beginning of the 1700's, the United States
of America had not been formed. Instead, it was
thirteen colonies under Great Britain's rule.
In the mid-1700's, the
American colonies began to pull away from Great
Britain both politically and socially.
Great Britain imposed taxes
on the colonies, including the Sugar Act in 1764,
the Stamp Act in 1765, and the Tea Act in 1773.
The colonies thought
these taxes were unfair because the colonies did
not have a representative or voice in the British
Parliament when these laws were passed. This led
the colonies to demand "no taxation without representation."
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Boston
Tea Party
On December 16, 1773, a group of Bostonians boarded
three British ships in Boston Harbor carrying
$50,000 worth of tea. The Bostonians showed their
dislike for the Tea Act by throwing the tea overboard
into the Boston Harbor. This is known as the Boston
Tea Party.
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American
Revolution
The colonies demanded independence from Great
Britain, and the situation was on the verge of
a revolution. In March, 1775, Virginian Patrick
Henry stated, "Give me liberty or give me death!"
On April 19, 1775, British
Redcoats and Colonial Minutemen met at Lexington
and Concord, Massachusetts. In the confusion,
a shot was fired, and the American Revolution
had begun. Although no one knows which side fired
this shot, it is known as "the shot heard around
the world" because the American Revolution had
a far-reaching impact on the rest of the world.
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Declaration
of Independence
The Second Continental Congress met in Philadelphia
in 1775. The next year, it appointed a committee
to draft the Declaration of Independence. The
committee consisted of Thomas Jefferson, Benjamin
Franklin, John Adams, Robert R. Livingston, and
Roger Sherman. Thomas Jefferson was the primary
author.
The text of the Declaration
of Independence was approved on July 2, 1776,
and adopted by all the colonies on July 4, 1776.
Four days later, on July 8, it was read publicly
in the State House Yard in Philadelphia and the
Liberty Bell was rung. On August 2, the Declaration
of Independence was signed by all the delegates
of the Second Continental Congress.
Today, the United States
celebrates its Independence Day on the 4th of
July.
The Declaration of Independence
is one of the world's most important political
documents. It defines a new kind of government
based on freedom and self-rule.
The beginning of the Declaration
of Independence is often quoted: "When in the
Course of human Events, it becomes necessary for
one People to dissolve the Political Bands which
have connected them with another
"
The Declaration of Independence
also states the famous words, "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."
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The
United States of America
On October 19, 1781, British Commander Lord Cornwallis
surrendered to American General George Washington
in Yorktown, Virginia.
On September 3, 1783, the
American Revolution officially ended when the
Treaty of Paris was signed. In the Treaty of Paris,
Great Britain recognized the independence of the
colonies, and the United States of America was
born.
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The
Articles of Confederation
In 1777, the Second Continental Congress drafted
the Articles of Confederation. It was ratified
in 1781, and it became the first set of laws of
the United States.
The Articles of Confederation
provided for a weak and ineffective central government.
There was no executive power (like the President),
and there was no judicial power (like the courts).
The Articles of Confederation
provided for a Congress, but the Congress had
no power. The Congress could not tax, raise armies,
or pay debts. The Congress also had no power to
regulate commerce between states. This led to
states passing tariff laws against the other states.
The new country was heading
for disunity.
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The
Constitution of the United States
In 1787, the United States
held a meeting in Philadelphia to revise the Articles
of Confederation. George Washington was the president
of the meeting.
The delegates, however,
did not revise the Articles of Confederation.
Instead, they drafted a new document to govern
the United States, called the Constitution of
the United States. This meeting is known as the
Constitutional Convention.
The Constitution of the
United States was ratified in 1789. It was a new
and revolutionary idea. The power to govern is
derived from the people, rather than from the
states. Also, the Constitution is the supreme
law of the land.
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U.S.
Congress: House of Representatives & Senate
During the Constitutional Convention, there was
a division between small states and large states
regarding how representation in the federal government
would be determined. The small states wanted the
states to have equal representation. The large
states wanted representation based on population.
A compromise was reached
which satisfied both sides. The Constitution set
up a bicameral system. A bicameral system is a
legislature made up of two chambers. The United
States legislature is called the United States
Congress. It is made up of the House of Representatives
and the Senate.
The House
of Representatives is elected according
to population. This pleased the large states
because the large states would have more representatives.
The Senate
is made up of two Senators from each state.
This pleased the small states because each state
would have the same number of Senators.
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The
Three Branches of Government
The Constitution of the
United States is made up of seven Articles. The
first three Articles describe the three branches
of government.
Article
I describes the legislative branch.
It consists of the U.S. Congress which contains
both the House of Representatives and the Senate.
Article II
describes the executive branch. It consists
of the President and Vice President.
Article III
describes the judicial branch. It consists
of the U.S. Supreme Court.
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The
Bill of Rights
The Constitution of the
United States was an improvement over the Articles
of Confederation. However, it did not address
certain individual rights.
In 1791, ten amendments
were added to the Constitution to guarantee these
individual rights. These are the first ten amendments.
They are known as The Bill of Rights.
The First
Amendment guarantees freedom of speech,
religion, press, and assembly, and the right
to petition the government.
It states, "Congress
shall make no law respecting an establishment
of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech,
or of the press; or the right of the people
peaceably to assemble, and to petition the Government
for a redress of grievances."
This is a very important
Amendment in the United States. People refer
to this Amendment when they talk about their
right of free speech and press and the separation
of Church (religion) and State (government).
The Second Amendment
guarantees the right to bear arms.
It states, "A well
regulated Militia, being necessary to the security
of a free State, the right of the people to
keep and bear Arms, shall not be infringed."
This Amendment is usually
a very controversial topic between the political
parties and during elections.
The Third Amendment
guarantees soldiers cannot be quartered in any
house.
It states, "No Soldier
shall, in time of peace be quartered in any
house, without the consent of the Owner, nor
in time of war, but in a manner to be prescribed
by law."
This Amendment was more
important after the Revolutionary War than it
is today.
The Fourth Amendment
protects people from unreasonable searches and
seizures.
It states, "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."
This Amendment is important
during criminal trials. If a search or seizure
is found to be unreasonable, then the evidence
obtained from that unreasonable search or seizure
cannot be used in court.
The Fifth Amendment
guarantees a person the right to be indicted
in Federal Court by a Grand Jury, not to be
charged twice for the same crime (double jeopardy),
not to be forced to incriminate themselves (self
incrimination), to the due process of law, and
not to have their property taken by the government
without payment (eminent domain).
It states, "No person
shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment
of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia,
when in actual service in time of War or public
danger; nor shall any person be subject for
the same offense to be twice put in jeopardy
of life or limb; nor shall be compelled in any
criminal case to be a witness against himself,
nor be deprived of life, liberty, or property,
without due process of law; nor shall private
property be taken for public use without just
compensation."
This Amendment is the
grounds for the part of the Miranda Warnings
which states, "You have the right to remain
silent. Anything you say can and will be used
against you in a court of law." Have you
heard this on television or in the movies?
The Sixth Amendment
guarantees a defendant in criminal proceedings,
the right to a public and speedy trial, a fair
jury, cross examination of witnesses, and an
attorney.
It states, "In all
criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury of the State and district wherein
the crime shall have been committed, which district
shall have been previously ascertained by law,
and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses
in his favor, and to have the Assistance of
Counsel for his defence."
This Amendment only addresses
the rights of criminal defendants. It is the
grounds for the part of the Miranda Warnings
which states, "You have the right to an
attorney. If you cannot afford one, one will
be appointed for you." Have you heard this
too?
The Seventh
Amendment guarantees the right to a jury
in a civil proceeding.
It states, "In Suits
at common law, where the value in controversy
shall exceed twenty dollars, the right of trial
by jury shall be preserved, and no fact tried
by a jury, shall be otherwise re-examined in
any Court of the United States, than according
to the rules of the common law."
This Amendment addresses
the right to a jury in a civil matter. Twenty
dollars was worth more in 1791 than it is today.
The Eighth Amendment
protects against excessive bail, excessive fines,
and cruel and unusual punishment.
It states, "Excessive
bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted."
This Amendment is cited
in discussions about the death penalty. Opponents
of the death penalty say it is cruel and unusual
punishment.
The Ninth Amendment
reserves other rights to the people.
It states, "The
enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage
others retained by the people."
This Amendment has not
been used much to protect individual rights.
The Tenth Amendment
reserves States Rights.
It states, "The
powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people."
This Amendment is important
in determining the rights of the separate states.
The United States Constitution describes the
laws of the federal government, and its laws
are the "supreme law of the land"
as defined in Article VI. This Amendments reserves
to the States all the powers not covered by
the Constitution.
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