The Confederation & the Constitution

1776 – 1790

Mr. Love

AP US HIS

Revolution v. Evolution “ What happened was accelerated

evolution rather than outright revolution.”

Social Changes After the WarExodus of Loyalists – 80,000

Social democracy – States reduced property-holding requirements for voting

Trade organizations for artisans & laborers

Ended inheritance laws

Separation of church & state

Social Democracy Abolish of slave trade

1775 – 1st anti-slavery society/ Philadelphia Quakers

“Republican motherhood ” – increased the role of women

Cult of Domesticity

Constitution Making in the States 1776 - Continental Congress called on colonies to make their own state constitutions

Massachusetts – called a special convention to draft its constitution & then submitted the final draft to the people for ratification

Once adopted, only changed by special constitutional convention

State Constitutions

Represented fundamental law

Bill of rights

Annual election of legislators

Deliberately weak executive & judicial branches

Legislatures were given large powers

Economic Crosscurrents States seized control of former crown lands

Forced to find new customers.

Why?Much of English commerce was reserved for loyal colonies.

Americans could now trade freely with foreign nations

Runaway inflation

Hope for a New Union13 Sovereign States

Alike in governmental structure & function

Similar constitutions

Rich political inheritancePartly from England/ partly American

Blessed with great political leaders:G. Washington, J. Madison, J. Adams, T. Jefferson, & A. Hamilton

Western Land Disputes Map p. 172

7 states were favored 6 states had NO land holdings beyond Allegheny Mountains

Argued that all fought for land

States with land could sell land & pay off debtsStates without land would have to tax their own constituents.

Articles of Confederation Adopted by Congress in 1777

Unanimous approval requiredMaryland held out until 3-1-1781(debated on western lands)

Congress promised to dispose of vast areas of land for the “common benefit”

Articles of ConfederationThe Articles of Confederation were debated for almost as many years as they were in effect. Proposed in 1775, they were not ratified until 1781. Eight years later, the Constitution replaced them. Eighteenth-century citizens hotly debated the virtues and shortcomings of the Articles, and historians have continued to disagree over the merits of this blueprint for a first American government. (The National Archives of the United States published by Harry N. Abrams, Inc. Photograph by Jonathan Wallen.)

Articles of Confederation

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Articles of Confederation“Articles of Confusion”

Loose confederation of states/ “firm league of friendship”Congress –chief agency of gov’tNo executive branchJudicial branch left almost exclusively to the states

States were sovereign

Each state had one vote

Unanimous vote required to add an amendment

Weaknesses of Articles One vote for each state regardless of sizeCongress powerless to levy & collect taxesCongress powerless to regulate foreign & interstate commerceNo executive to enforce acts of Congress

No national court system

Amendment only with consent of all of the states

A 9/13 majority required to pass laws

Articles only a “firm league of friendship”

New Government Could: advise, advocate, & appeal

Could not: command, coerce, & control

Example of weakness:1783 – Pennsylvania soldiers

demanded back pay

Congress appealed to states for protection & eventually had to

move to Princeton College, NJ

The Old Northwest

Area of land northwest of the Ohio River, east of the Mississippi River, & south of the Great Lakes.

Map Page – 172, 174

Land Ordinance of 1785Provided that the acreage should be sold & proceeds used to pay off the national debt

Land divided into townships6 miles square – 36 sections, 1 mile square

16th section set aside to be sold for the benefit of public schools

Northwest Ordinance of 1787Related to governing of the Old Northwest

Territorial stages – area subordinate to the federal government

60,000 inhabitants – could be admitted as a state

Slavery forbade in the Old Northwest

Problems with BritainDeclined to make a commercial treaty or to repeal the Navigation Law

Shut off their profitable West Indian trade

British agents active in northern frontierStill held trading post

Problems with SpainControlled mouth of Mississippi

1784 – closed river to American commerce

Spain & England together prevented America from exercising effective control over about ½ of its territory

Problems with France & Pirates France demanded repayments of money loaned during the war

Restricted trade with their bustling West Indies

Pirates of North African states US – too weak to fight & too poor to bribe

Anarchy- Shay’s Rebellion 1786 – Massachusetts

Daniel Shay & other war veterans were losing their farms through mortgage foreclosures & tax delinquencies

Demanded cheap paper money, lighter taxes, & a suspension of property takeovers

Shay’s Rebellion

Congress had no power to stop the

rebellion

Result: Push to change the

Articles

General Daniel Shays, Colonel Job Shattuck, artist unknownAn anti-Shays cartoonist depicts Shays and a key supporter as bogus military officers who sought power and threatened the people's liberty. (National Portrait Gallery, Smithsonian Institution/Art Resource, New York)

General Daniel Shays, Colonel Job Shattuck, artist unknown

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Convention of “Demigods”

Convention called at Annapolis, Maryland9 states appointed delegates, only 5 showed up

Alexander Hamilton called for another convention to meet in Philadelphia the next year

Convention

Purpose of convention - revise the Articles

Every state chose representatives except Rhode Island

May 25, 1787 – 55 delegates Meet in complete secrecy

First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5In August of 1787 a first draft of the Constitution was secretly printed in Philadelphia for the use of convention members. Wide margins left room for additions and amendments, such as those made on this copy by Pierce Butler, the South Carolina delegate. Note that in this early version the preamble does not yet read "We the people of the United States," but instead begins by listing the individual states. (The Gilder Lehman Collection, on deposit at the Pierpont Morgan Library/Art Resource, New York)

First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5

Copyright © Houghton Mifflin Company. All rights reserved.

Who’s Who at ConventionGeorge

Washington

Benjamin

Franklin

James

Madison

Alexander

Hamilton

CompromisesDelegates decided to scrap Articles

Virginia Plan – “the large-state plan”Representation should be based on population in both houses

New Jersey Plan – “the small-state plan”Equal representation in an unicameral Congress by states, regardless of size or population

More Compromises

The Great Compromise – bicameralHouse of Rep. – based on population

Senate – equal representation (2 per state)

Every tax bill must originate in the House

Goals of Constitution Establish a strong, independent executive in the presidency

PresidentMilitary commander in chief

Wide appointments to domestic office, including judgeships

Veto power over legislation

Compromises WithinElectoral College

indirect election of president

Three-Fifths Compromise slaves would count 3/5 of a person for representation

Slave trade would be abolished in 1807

Common GoalsEconomically

sound money & protection of private property

Politically Stronger gov’t with 3 branches & checks and balances

Voting - Man-hood suffrage

Safeguards

Federal judges were appointed for life

President elected indirectly

Senators – chosen indirectly by state legislatures

House of Representatives – direct vote

Basic PrinciplesRepublicanism

1. Gov’t based on consent of governed

2. Limited gov’t

– Constitution Convention May 25 to Sept. 17, 1787

9 states needed to ratify Constitution

Federalists v. Antifederalists

Favored strong federal gov’t

Cultured & propertied groups/ seaboard

Many used to be Loyalists

Opposed strong federal gov’t

Poorer classes

Wanted a bill of rights

Antifederalists Arguments

No annual election for congress

Erecting of a federal stronghold 10 miles squared

Standing army

Omission of any reference to God

2/3 states for ratification

The Great Debate in the States

Special elections for members of the ratifying conventions

included Federalists & Antifederalists

Federalists assured Antifederalists that a bill of rights would be added with the 1st CongressJune 21, 1788 – 9 states had ratified

Leaving VA, NY, NC, & RI

Map 9.4: The Struggle over Ratification

The Federalists PapersAuthors:

A. Hamilton , J. Madison, & J. Jay

Articles written for NY newspapers to convince NY to ratify

All states had ratified by May 29, 1790