The Confederation

& The

ConstitutionAmerica is built on COMPROMISES

1776 - 1790

Your Mission

• It’s 1776. You have declared your independence from Britain. Now what? What challenges do you face as you begin nation-building?

• Get into groups of four and brainstorm:– Most immediate challenge– Most potentially damaging challenge– Most difficult challenge to resolve

Chapter Overview

• Revolution was not a radical transformation, but did produce political innovations and social change towards greater equality and democracy.

• Compromise was an essential element for a federal government, along with the abandonment of the Articles of Confederation.

• The federal Constitution provided a strong framework for national identify and protection against disorder.

Victory! But can we survive without

Mom?• New responsibility of creating

and operating a central government.– This new type did not exist.– Natural rights/equality taught by

political leaders.

• Allegiance for a common cause was now gone.

• New American industry in competition with English goods.

Our Strengths

• All 13 states had similar constitutions.

• Unity of a rich political heritage.

• Brilliant political leaders:– Washington, Madison, Adams,

Jefferson, Hamilton.

Move Towards Equality

• Exodus of Loyalists create a weakness in conservatives.– Removal of many aristocrats

• Modified laws and customs for more equal treatment.– Most states reduced property-holding

requirements to vote.– Religious freedom– Expanded freedoms for women

(education, civic virtue, and, republican motherhood)

– Challenged Slavery – why not removed?• Sacrificed for unity

– Opportunities for all (esp. land) helps keep violence at bay.

Judith Sargent (Murray)

How’s the Economy?

• Non-importation agreements helped give manufacturing a boost.– Later the war itself

• Trade with Britain was restricted due to the same mercantilist laws– Could freely trade with other

nations• DEBT from the war

– States had borrowed more than they could ever repay

– Inflation was out of control

State Constitutions

• The Second Continental Congress in 1776 called upon all colonies to draft new constitutions, making them states.

• Several common features of these DWAARFs:– Defined the powers of the government– Weak executive and judicial branches– Authority from the people– Annual election of legislators– Rights included (Bill of Rights)– Fundamental law

The Creation of Articles of

Confederation• Drafted and adopted by the Second

Continental Congress in 1777.– Not ratified by all 13 states until 1781.

• Fighting was primarily over the west.• All states fought for it, so why not split

the prize?• COMPROMISE

– Land was given up– Areas for the “common benefit” – new

republican states

Strengths in the Articles of Confederation

• The first step towards the present Constitution

• Clearly outlines central government powers– Making treaties – Establish the postal service

• Held the states together until America was ready for the next step in unity.

Weaknesses in the Articles of Confederation• America’s “first constitution”

• Congress only – no executive branch and judicial issues

were left to the states.• Each state had one vote

– Important votes required 9 states– Changes to the Articles required

unanimous ratification• Three significant handicaps:

– No power to regulate commerce– No power to collect taxes– No power to force states or individuals of

states– (wart.com + no e + no j / sovereignty)

Action of Congress:Land Ordinances

• Land Ordinance of 1785– Land to be

surveyed and sold to pay off national debt.

• Land Ordinance of 1787– First temporary

tutelage– Second permanent

equalityThe Old Northwest

acquired in the Peace Treaty of Paris

Foreign Relations: No Respect

• England– Would not send an ambassador to

America– Would not accept imports from U.S.– Held trading posts on U.S. soil (Indian

alliance & fur trade)• Spain

– Closed the Mississippi river to American commerce in 1784

– Claimed Florida other southern areas given to the U.S. in the Peace of Paris.

• France– Demanded repayment of war debt

(revolution’s a-brewin’)– Restricted trade with West Indies

U.S. in 1783

Shay’s Rebellion:More Backcountry

Strife• Massachusetts in 1786

– Impoverished backcountry farmers were losing their farms through mortgage foreclosures and tax delinquencies.

– Demanded the state issue paper money, lighten taxes, and suspend property takeovers

• Put down by a MA army – three were killed

Impetus for Change

• Fears of “Democratic Despotism”– Self-interest and greed instead of

civic virtue ruling– Conservatives and the wealthy

wanted to create more power over the mob.

• Interstate fighting over commerce had become serious.

The Constitutional Convention

• Met to revise the Articles of Confederation

• 55 emissaries for 12 states met in Philadelphia on May 25, 1787.– Washington, Franklin, Madison,

Hamilton– Not present? Jefferson, Samuel and John

Adams, Hancock, Patrick Henry

• Met in complete secrecy– Took 17 weeks– Not all members signed the

Constitution

Areas of Agreement

• Economically– Reliable money– Protection of private property

• Politically– Stronger government– Checks and balances – three branches

• Fear of mob rule– Federal judges for life– Indirect voting

• Most important 2 principles:– Consent of the governed– Powers of government should be

limited

Constitutional Compromises

• Large State (Virginia Plan wanted representation based on population) vs. Small State plans (NJ Plan wanted equal representation)– “The Great Compromise” House of Representatives

and the Senate (how it is today)• Electoral College (controlled democracy)

– Presidential elections by indirect means (wanted to avoid “mobocracy” in which the uneducated would elect a president who was dangerous to the stability of the country

• Three-fifths compromise (impt. b/c southern states had large slave populations)– Slaves counted as 3/5 a person

• End to slave trade– Allowed to continue until 1807

• Assumption of state debt– Centrally located capital

Northwest Ordinance

The land north of the Ohio River and east of the Mississippi would be settled but that it would eventually become part of the United States. Until then this area had been temporarily –The Ordinance provided for the creation of not less than three nor more than five states (Ohio, Indiana, Illinois, Michigan and Wisconsin). In addition, it contained provisions for the advancement of education, the maintenance of civil liberties and the exclusion of slavery.–Above all, the Northwest Ordinance accelerated the westward expansion of the United States.

Issues Debated• Should the United States adopt the

new Constitution to replace the Articles of Confederation?

• Need for change. Does the government of the Articles need to be replaced?

• Can a republic govern a large territory and a diverse population?

• Will the new constitutional government create an aristocratic power in the presidency?

• Does the proposed Constitution protect the people’s liberty?

Federalists vs. Anti Federalists

Federalists Anti-Federalists

Leaders Washington, Hamilton, Madison, Jay, and Marshall

Patrick Henry, Samuel Adams, Richard Henry Lee, George Mason, and George Clinton

Social, regional, and economic strongholds

Commercial, seacoast, urban, and upper-class groups

Controlled the press

Non-commercial, western, agrarian, and state-oriented interests

Ideas argued •Drawn up by rich aristocracy – antidemocratic•No bill of rights to protect individual liberties•Elimination of annual elections for congressional representatives•Creating a federal strong-hold (10 mile square)•Omission of any reference to God•Process of ratifying with only 2/3 of the states

Ratification• Four small states quickly sign• PA was the first large state to

sign• VA, NY, NC, and RI hold out

– VA Patrick Henry rails against the Constitution, but Washington, Madison, and John Marshall win.

– NY Hamilton, Jay, and Madison pen The Federalist Papers.

– NC and RI finally ratified, unwillingly and months later.

In-Class Quick Write

Discuss the United States as it existed under the Articles of Confederation. What were the strengths and weaknesses of the Confederation government and how did the Constitution attempt to correct those flaws?

Images

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