LESSON 1

The Spirit of the Rule of Law Originated at the Founding of the USA

 

Section 1.  From the discovery of the New World to Independence Revolution

 

A hundred years ago, the United States experienced a wave of immigration. Numerous storm-stricken Europeans arriving by ships. They landed through an island off the coast of New York called Ellis Island. As they arrived below the feet of the Statue of Liberty, the new immigrants cheered : “I see the New World that is free and so full or opportunities!”.

 

The Statue of Liberty opened on October 26, 1886 and soon became a symbol of democracy and freedom in the world. This goddess statue was given to the United States by France.

 

Two hundred years ago, when American colonials carried out a revolutionary war against Britain for independence, France was their ally. During the French and British struggle for hegemony over Europe, to weaken British forces, France gave support to the oppressed American colonies with their combat experience, artillery, ships and money. Fortunately the French Navy formally joined the war for independence in America in 1780, otherwise the revolution may not have been successful. At that time, to pursue the ideals of freedom and democracy in the new world, French soldiers voluntarily assisted with the American revolutionary cause; the most famous revolutionary fighter in the Continental Army, General Lafayette, was also a volunteer from France. Currently in Washington D.C. and many other cities, there are numerous streets named after Lafayette to honor him.

 

Thirteen years after the founding of the United States, in 1789 the French Revolution erupted. King Louis XVI was overthrown, and it sparked the journey toward democracy. To commemorate the revolutionary origin and friendship between the United States and France, France gave the Statue of Liberty as gift to the United States. 

 

At the present time, every day thousands of visitors from across the United States and around the globe stand at the foot of the Statue of Liberty for a couple of hours, waiting to climb to the top of the statue. When they finally arrive at the top of the statue’s crown and look out from the small window, the world seems to extend limitlessly before their eyes; some visitors cannot help but cheer.

 

However, to have a vision extending a thousand miles comes at a price. As one climbs higher up through the stairs inside the statue’s hollow mid section, it becomes narrower and steeper. Many visitors become short of breath and fatigued but everyone is convinced it is worth it.

 

Freedom comes at a price and the journey towards democracy is not an easy path!

 

From the early pioneering period to the present, Americans have walked two hundred years down a difficult road. What supported them was the spirit of democracy; what helped them to march onward and maintain equality and not go off track was their shared belief in the law they abided by. Therefore, in order to understand American law, you must be familiar with the spirit of American democracy. America’s spirit of democracy and the manifestation of democracy are relative to the rest of the world, even Britain and France. The founding of the United States has always been been concerned with the people fighting against authoritarian government to win their rights. Therefore, when discussing American law, one must start with the purpose of the founding of the United States and its founding spirit. 

                                     Subsection l.  Britin Dominated North America

 

After Columbus discovered the New World in the sixteenth century, not only North America but also the entire western Europe were the battlegrounds for Britain, France and Spain. Britain's emergence began in 1588 when it fought Spain in a naval war for eight consecutive days and won decisively. 

 

By the 17th century, European immigrants were living on the east coast of North American, such as the English in New England, the Dutch in New York, Germans in Pennsylvania, the French in Canada and Louisiana, and so on. African slaves were also brought over to the Americas in 1620. From Europe, many immigrants fled to avoid war and persecution and to seek religious freedom in the New World. To make a living, they entered as contract workers into America. After working for their employer for a few years, these workers terminated their contracts and were given a plot of land and became independent small farmers.

 

This time period in America was mostly under the dominance of Britain and France. In the mid-eighteenth century, Eastern North America became a battleground for Britain and France. From 1756 to 1763, to fight for control in the New World, Britain and France fought endlessly; this became known in history as the French and Indian War. 

 

 The hegemony struggle resulted in the defeat of France and its withdrawal from the New World. According to the Treaty of Paris in 1763, Britain possessed all of Canada and everything east of the Mississippi River (except Florida). As for the west of the Mississippi River, it became the territories of Spain.

                                 Subsection 2.  Colonists Resisted "Chauvinism" of Mother Country

 

During the struggle between Britain and France for Northern America, immigrants with English descent naturally helped their motherland against France. The areas in Eastern North America were acquired and dominated by Britain largely through the contribution and strength of the colonial people. But simultaneously, the colonials were able to produce many experienced military and political leaders. The colonials believed that after paying with their sweat and blood, they deserved the same status as British nationals and the same treatment  British citizens received. 

 

However, during the ruling of King George III of England, the colonial people were only second-class citizens. The countries in Europe expanded their colonies under a belief of mercantilism. This business doctrine asserted that he colonies' only value rested on supplying raw materials such as gold and silver. In other words, the existence of the colonies and the colonial people was solely to benefit the mother country.  In today's terminology, it was the “Chauvinism” of the mother country. 

 

After Britain defeated France, in the Treaty of Paris of 1763, formal unity of Eastern North America was established. Britain began to strengthen its control over the North American colonies. The British Parliament passed a series of tax increases, controlled overseas shipping and also passed an anti-smuggling bill that was detrimental to the colonies. They finally caused the revolt and colonial independence movement. 

 

The period from 1770 to 1783 is named in American history the American Revolutionary War. The first to launch an attack was Boston where local businessmen protested British tea monopoly and heavy taxes. Locals joined together to climb onto British cargo ships and poured all of the tea on the ships into the harbor. This act of protest was later known as the “Tea Party”. (History books published in Mainland China and Hong Kong often refer to the Tea Party as the “Tea Leaf Gang” but this is a misunderstanding since the original usage of the word “party” was meant to be witty with ironic meaning of a happy, social gathering and bore no relation to gangs.)  Thereafter, various New England groups began to protest and started armed revolts, which resulted in irreconcilable conflict between Britain and the the colonies.

 

In that period, British colonies (currently the United States East Coast region), were divided into thirteen colonies with governor of each colony appointed by Britain. Although the governor had the British garrison to back him up, it was difficult to completely control the very independent immigrants. After the sixteenth, seventeenth and half of the eighteenth century, the New World colonials were no longer simply pioneers. Being beyond the reach of the British government, the colonials gradually acquired an equal amount of strength to Britain with their population reaching three million people. 

 

As early as the beginning of the American Revolutionary War, the thirteen colonies had gradually cultivated talented leaders; many were lawyers, businessmen, and landowners. In 1636, Harvard University was established in Massachusetts to enable the public to read the Bible. In 1647, the New England Puritans required towns with more than fifty households to have an established school. Within a hundred years, the level of education in the colonies improved to the point where the populace were very different from the original European settlers.

 

After the colonist’s Anti-Britain movement spread, the leaders of each colony quickly organized together. In 1774, representatives from each colony met in Philadelphia, Pennsylvania , and held the first Continental Congress. Among the fifty-six leader participants, there were thirty lawyers, nine farmers, nine merchants, three mill owners, three public officials, a surveyor, and a carpenter.  Moreover, out of the fifty-six, fifty-five were born within the colonies. Since thirty of the representatives in the Continental Congress were lawyers, this large proportion resulted in a strong inclination to use law as the foundation. Even in the contemporary Congress, the ratio of lawyers to those in other professions is large. For example in 1995, the U.S. House of Representatives has 435 Representatives and the Senate has 100 Senators; there are 229 among them with a law background. And of course all nine Supreme Court Justices are lawyers. Furthermore, former President Bill Clinton holds a law degree ;  his wife, Hilary Clinton is a prominent lawyer. Lawyers being involved in national politics is a tradition from the founding of the country to the present. 

 

Subsection 3.  The Declaration of Independence and Victory of the Revolution (1776 - 1783)

 

The origin of the colonies revolting against Britain stemmed from the colonists demand of the same rights, status and treatment as those living in the mother country, including economic, trade and political power. This gave rise to the earliest revolutionary slogan: “No taxation without representation!”. However, King George and the British Parliament insisted that the colonies were only subjects of the mother country and still had to take orders from Britain. Also at this time, news spread to the colonies suggesting King George was planning to transfer 1,200 mercenaries to the New World. The colonists’ anger only rose higher. As a result, in 1776, colonial leaders held the second Continental Congress in Philadelphia under the name “United States of America”;  it was adopted after Jefferson’s Declaration of Independence. 

 

According to estimates made by historians, before the Declaration of Independence, one-third of colonists wanted independence, one-third remained neutral, and one-third wanted to stay loyal to Britain. The latter one-third were often referred to as the Tories or Royalists. 

 

A few years after the Declaration of Independence was signed, the self-proclaimed new government of the United States of America received support from France which caused Britain to send numerous troops and mercenaries from Germany. This resulted in several famous historical battles. Finally in 1781, Britain lost interest in continuing its efforts. During the final battle in Yorktown, Virginia, under British General Cornwallis’ command, the British surrendered to General George Washington who led the colonists and the French navy. Later in 1783, on behalf of the United States of America, Benjamin Franklin went to sign the Treaty of Paris with Britain. Britain officially agreed to recognize American independence and the war for independence officially ended.

Section 2.  The Constitutional Convention and the Bill of Rights

 

Subsection 1. The Constitutional Convention

 

For anyone interested in American History, aside from the Statue of Liberty, you may also visit the Museum of the American Revolution in Philadelphia. Strolling through the narrow steps and small square, tourists can visit the hall where the Constitution was signed and see the original tables and a copy of the first printing of the Constitution, and also enter the room where the first Supreme Court was held. 

 

Boston was the birthplace of the American Revolution and Philadelphia was the cradle of America’s founding. When the thirteen colonies announced the creation of the “United States’ at the Constitutional Convention, it was in Philadelphia. 

 

Those familiar with American law know that the relationship between the United States federal government and local governments was unique and not seen in any other country of the world at the time. The United States has federal laws and local laws (local laws include state laws, city laws, etc.) that are clearly defined; issues about what the federal government has and does not have jurisdiction over, and what belongs to state or local government jurisdiction, are all clearly defined in the law. The United States federal government has no control over several aspects that central governments of other countries have full control over. As long as it does not violate the federal constitution, federal and local governmental bodies can function independently according to their own laws and regulations. If there is a conflict between federal and local governments, according to the constitution both parties must go to court to decide the merits and demerits of the two sides. This system is rarely seen in other countries and is often difficult for foreigners to understand 

 

To understand the relationship between the federal government, local government, and the people in the United States, you must start by studying the nation’s founding origin and the founding spirit.

 

When the American colonists first began their independence movement, the thirteen revolting colonies united in 1774 in Philadelphia to form the First Continental Congress and signed a joint charter called the Articles of Confederation. The motive of the Second Continental Congress was to contact and lead the independence movement in each colony. On July 4, 1776, the Continental Congress declared independence from Britain through the Declaration of Independence. In 1783, Britain finally recognized the United States as an independent government by signing the Treaty of Paris. 

 

During the period between 1777 to 1789, the highest and central governing body of the thirteen colonies was the Second Continental Congress. However, this governing body by law and in reality had no real power to effectively command and mobilize the thirteen colonies. After winning the Revolution, the economy was in chaos and governmental debt had accumulated to the point of a serious crisis; the central government neither wanted to nor was it able to fix the cris

 

Right before the moment of economic and political collapse, in May 1787, the Second Continental Congress convened in Philadelphia to amend the Articles of Confederation. However after the meeting started, the representatives realized it was necessary to reformulate a constitution and to reorganize the central government. This meeting became historically known as the United States Constitutional Convention. 

 

All 55 delegates of the thirteen colonies later became famous in American history.They included George Washington who became the first president, James Madison who was the fourth president , and Alexander Hamilton. Others were Revolutionary war heroes and officers. During the Constitutional Convention, George Washington actually led the meeting and James Madison documented the meeting. Madison was later recognized as “The Father of the Constitution”, but even before the Constitution was created, he had already worked very hard on referencing over 200 books which discussed how to draft a constitution and establish a new government. During the meeting, this five foot two inches tall lawyer, age 36, made extraordinary and witty remarks and was able to sincerely convince all the other representatives. Because Madison made an outstanding contribution while the Constitution was drafted, many historians consider his contributions to the Constitution as even greater than his presidential achievements.

 

In June 1787, the draft of the Constitution received approval from three-quarters of the thirteen colonies; nine of the colonies passed it and it became the Constitution (the remaining four colonies passed it later). For all the colonies to approve of the Constitution it was not a small feat. Governor Clinton of New York strongly opposed the Constitution, because he believed the Constitution violated the independent power of each colony. Therefore, to receive support from the citizens of New York, advocates of the Constitution including Alexander Hamilton, John Jay and James Madison, went to New York and wrote a series of articles in the newspapers that explained the principles and origins of the United States Constitution. These articles were later collected and called The Federalist Papers. The articles, in addition to the minutes taken during the Convention meetings by Madison, are some of the most important documents concerning the major events of the United States Constitution. 

 

After adopting the Constitution, the first United States Congress formally met on March 4, 1789. They began by passing the Ten Amendments, later known as the Bill of Rights, which addressed the rights United States citizens have under the law.