Confederation of States

Forming a New Government• The Magna Carta, English Bill of Rights, and John

Locke’s political ideas influenced the colonists.

• Each state drafted their own constitution - most were based on REPUBLICANISM (theory that citizens hold the ultimate authority)

• Many state constitutions reduced the influence of the church on government

Early State Governments-Most documents called for republic, govn’t which people

elect representatives

Patriots

• wanted change and promote democracy putting power in hands of people

• State govn’ts w/ strong legislatures and weak governors

• Unicameral legislature, single house, members elected by the people

• Equal political rights for almost all free men

Conservatives

• distrusted ability of commoners

• Bicameral legislature and strong governor

• Bicameral, lawmaking body w/ two houses- Senate and House of Reps

• Common voters in House with power of wealthy, well-educated in Senate

• Opposed political equality as foolish and unworkable

The Articles of Confederation• July 1776 John Dickinson

proposed- large states didn’t want equal representation, states with large western land claims refused to give to a central govn’t

• Had to have all states ratify before passed. Not until 1781.

• Articles provided legal basis for authority that Congress was already exercising.

Articles of Confederation

1. Each state retains sovereignty, freedom, and independence

2. Each state had delegates chosen by state legislatures

3. Each state had 1 vote no matter size

4. Make, implement, and enforce laws

5. Declare and conduct war and negotiate peace

6. Regulate foreign affairs and relations with Native Americans

7. 2/3 of states (9 or 13) had to vote in favor for amendments

Republican Government• Idea behind written frames of govn’t- contracts between the

people and their representatives that carefully spelled out the powers and duties of the latter

The Northwest Territory

• North of Ohio River, west of Penn to Miss River

• Feared Native American attacks or secession

• Land Ordinance 1785- dispensing land to settlers, townships 6 sqm, 1 sqm (640 acres), $1 an acre, speculators

Northwest Ordinance 1787

• Settlers had freedom of religion, trial by jury, rights of common law

• 5,000 men could have assembly. 60,000 people could apply for statehood

• Barred slavery

ConflictsSpanish

• Never trusted us to not expand

• Shut down trade with us in New Orleans and Congress accepted for better trade in NE

• Caused unrest with settlers

British• Resumed mercantilism under

Navigation Acts

• Shut down our trade with British West Indies (most important for fish, lumber, grains)

• Mass needed help

• Kept forts on American land stating we were not being kind to Loyalists

Weaknesses in the Confederation• After the war, the nation faced serious financial problems• No common currency, not regulating commerce, levy taxes• 1781-86 received 1/6th $ from states• In 1784 the nation began to experience a depression• Congress needed $2.5 mill, had $400k• Britain worsened the economic crisis by flooding the U.S. with

inexpensive goods• Amendment for 5% duty imported goods failed twice

• Shay’s Rebellion-farmers shut down debtor courts & stopped property auctions-caused many to believe the U.S. needed a more powerful government

• Flood market with paper money to help farmers or suspended debt

• Forming to the people too much

• Some wanted American monarchy

• Others wanted stronger national govn’t

Constitutional Convention

• Held in Philadelphia in May 1787• First, almost all wanted Congress to have power to

regulate interstate and international commerce• Second, most wanted Congress power to tax people• Secret meetings so delegates could speak freely• Washington was president of convention

• Jefferson and Adams in Europe. Hamilton, Madison, and Franklin more prominent names.

• Many of the delegates had helped write their state constitutions, wealthy, more than half lawyers, 7 state governors, 21 fought in Revolution, 8 signed Declaration of Independence.

• Some delegates believed the Articles should be replaced with an entirely new plan of government

Hamilton v Madison• Details/Info • Details/Info

Virginia, New Jersey, Great Compromise, 3/5ths Compromise• Author

• Who benefited

• Basis or Explanation

• Rules/Laws

• End Result

• Comments or thoughts from group

Constitutional Convention

• A debate arose about whether larger states should have more representatives than the smaller states

• The Great Compromise granted each state, regardless of size, an equal voice in the upper house

• The Three-Fifths Compromise established that three fifths of the slave population would count in determining total state population

• Constitution did not claim “all men were created equal”, no bill of rights

• Sept. 17, 1787, 42 delegates remained but many unhappy. Franklin convinced most on the “federal experiment.”

• Hamilton stated only alternative to “anarchy and Convulsion”

• Would the states accept???

Fate of the Constitution?

• Only 9 of 13 states had to ratify

• Took decision away from state legislatures and gave to specially elected conventions

• Two groups emerged; Federalists and Antifederalists

Federalists

• Favored ratification of the Constitution

• Were generally wealthy merchants, planters, and lawyers

• They supported a strong national government with a sound currency that would protect property rights

• Alexander Hamilton, John Jay, James Madison, John Marshall, George Washington

Antifederalists

• Feared a powerful national government• Thought the new national government was

undemocratic and step backward after Revolution• Delegates selected by the state governments elected the

president, vice president, and senators, not the people• Lack of a Bill of Rights guaranteeing basic rights• Power in few hands at great distance from most voters• Samuel Adams, John Hancock, Patrick Henry, &

George Mason

Federalist Papers

• 85 essays written by Hamilton, Madison, and John Jay in 1787-88, NY newspapers

• Argued separation of powers in 3 branches of govn’t would prevent concentration of power dreaded by Antifederalists

• #10- US dissolve without strong government due to factions

• #51- checks and balances in Constitution prevented any of 3 branches from gaining too much power. Real danger from state legislatures since no check

• #78- importance of judicial branch

Ratifying States• Delaware, Pennsylvania, New jersey, Georgia, and

Connecticut first to approve

• Massachusetts- swayed Gov. John Hancock with Vice President and allowing a bill of rights after ratification

• Maryland, SC, New Hampshire soon followed

• Virginia and New York narrowly passed

• NYC as temporary capital

• NC and Rhode Island later reconsidered

Bill of Rights• Antifederalists forced

action

• Madison wrote most based on Virginia’s

• Guarantees of individual rights but not declaring all men equal in creation and rights

• Religion, speech, press, assembly, petition, protection from unreasonable searches and seizures, right to speedy and public trial

• 9th states people have rights beyond those mentioned

• Passed in 1789

Shining Beacon• Popular Sovereignty- government derives political

authority from the people

• Limited Government- Constitution states what powers govn’t has. No one above

• Federalsim- Divides power between state and federal. (States control elections, Fed controls $, share courts)

• Separation of Powers- legislative (Congress- enacts laws), executive (Pres- carries out laws, treaties, armed forces), and judicial branches (interprets Constitution and enforces law).

• Checks and Balances- designed to prevent emergence of a single domineering center of power (Congress enacts laws, President may veto them but a 2/3rds vote in both houses can override veto)

• Representative Government- indirect democracy, electoral college comes into play whom state legislatures pick. President and senators choose the judiciary positions

Lasting Legacy• 7,000 words but ambiguous

• Jefferson thought it should be interpreted narrowly and literally to restrict federal power

• Washington thought broadly to allow for expansion of federal power when necessary

• Survived since allows for change

• 2/3rd of both houses must approve and then ratified by 3/4th of the states.

• 17 so far