Articles of Confederation and

the ConstitutionChapter 9

Fear of centralized authority

Reserved states’ sovereignty Citizens of State first, United States second

Structure Unicameral Congress, chosen by state legislatures each state one vote. Limitations

no Congressional power to tax (request funds from states) no power to regulate foreign or interstate commerce no judiciary no true executive (military, financial, diplomatic affairs handled by

Congressional committees) ratification had to be unanimous

MD delayed due to western land claim conflicts VA and NY both claimed large areas N. of the Ohio River 1781 all land claims ceded, Ratification final

Articles of Confederation (US Governing document 1781-

1789)

The Confederation

John Dickinson and the “Articles of Confederation and Perpetual Union” State sovereignty and equality Congress must requisition

money from states Ratification process

All 13 had to agree Stalled over western land

claims Approved 3-1-1781 (Note war

was fought for 5 years with no document of government, under the direction of the Continental Congress!)

Financing the War

Borrowed abroad, printed paper money ( “Continentals” - generally accepted as worthless “not worth a Continental”)

Newburgh conspiracy - threatened revolt by Army if taxation authority not granted by states, nipped in bud by Washington

Brits banned imports from America to Caribbean islands unless in British hulls, America in depression by 1784

The West

Millions of acres north of the Ohio River (the “Old Northwest”)

coveted by speculators, settlers (Indians had other ideas)

Ordinance of 1785 provided procedures for survey

and sale of new lands in Old Northwest

established township as basic unit, subdivided into sections (640 acres per section)

one section reserved for schools

provided for statehood procedures for new territories initial settlement - Congress appoints territorial Governor

and Judges when 5000 adult males, draft temp. constitution, elect

legislature when 60,000 total pop. Draft state constitution, approved

by Congress, admitted as state forbade slavery in these regions (while territories) Collectively, these two laws are the only lasting beneficial

acts of the Articles of Confederation, but little immediate effect because Indians were determined to keep settlers out

Northwest Ordinance of 1787

Shays’ Rebellion

Mass government decides to pay off all war debts in 3 years (totally unreasonable) Demands all taxes (increased to pay

debt) be paid in specie (gold or silver ) instead of paper

Impossible for many , especially small farmers, many of whom paid debt by barter, exchange of services

Desperate recession in western counties, already

1786 - Daniel Shays leads rebellion against Massachusetts government Attempts to shut down courts in three

counties Wanted to stop foreclosures, sheriff’s

sales of farms Stopped by Mayor of Boston’s private

army, but supporters won him a pardon, and took control of legislature in1787, lowered taxes

Importance of Shays’

Rebellion Showed weaknesses of government under

Articles Gave weight to arguments for a stronger

Federal system Fear of “mobocracy”, since Shays had

threatened to seize weapons at government arsenal at Springfield

Nationalists used Shays to argue the need for stronger Central Government

Fueled growing dissatisfaction with trade arguments between states and currency issues

Came just after meeting called by Washington and others at Annapolis MD to discuss interstate commerce and other issues

These delegates called for a convention at Philadelphia in 1787

Constitutional Convention –

Philadelphia 1787 All but Rhode Island sent

delegates Immediately realized Articles of

Confederation could not be fixed, and due to requirement for unanimity could probably not even be amended Closed meetings to public Kept no official record Most delegates “Nationalists”

many had sat in Congress, understood weaknesses of “Articles”

believed without stronger central Gov’t, nation would disintegrate

Two basic issues They were sent to fix the articles,

could it happen? No! How to balance large state/strong

state interests?

Virginia Plan

James Madison called for establishment of National Govt. instead of confederation of sovereign states Federal Gov’t to have sovereign

powers over states unrestricted rights to legislate,

tax, use force against states if necessary

Bicameral legislature, representation in both houses fixed by population of each state

Lower house elected, upper house members chosen by state legislatures nominees, selected by voters

New Jersey Plan

Single chamber Congress

Each state had equal vote (like the Articles)

Also made federal Gov’t supreme law of the land, states not sovereign

Divisive Issues Representation in Congress

Small states favored equal number of reps Large states favored having more clout due to more people Compromise (The “Great Compromise” )

bicameral legislature equal votes in upper house for each state proportional votes by population in lower house this was the sticking point, resolved July 17, 1787

Slaves Slave states wanted slaves counted as persons for deciding representation

(Some Southern states were already almost 40% slave) Northern states didn’t want South to be able to count for representation

persons who had no political or legal rights (but did understand southerners claims that slaves were property)

Compromise: “The Three-Fifths Compromise” slaves would be counted as 3/5 of a person for representation slave trade (importation of slaves) would end 20 years after ratification

Commerce Congress would have authority “to regulate commerce between the several

states” Congress would never be able to place tariffs (taxes) on exports (in other words,

tax American agricultural or industrial products sold over seas) but would be able to place tariffs on imports