“All Men are Created Equal”...

• Most states reduce property requirements for voting

• By 1800, servitude (outside of slavery) was extremely rare

• Some states remove primogeniture (all property goes to the eldest son upon father’s death)

Separation of church and state

• Congregational Church remained established in some New England states

• Anglican Church is renamed the Protestant Episcopal Church and de-established

• Virginia Statute of Religious Freedom passed in 1786

What about slavery?

• Philadelphia Quakers create first antislavery society in 1775

• Several northern states abolished slavery or provided for gradual emancipation

• No states south of Pennsylvania abolished slavery

• In the North and South, the law discriminated against blacks whether free or slave– Purchasing property, educating children, interracial

marriage

Women

• Women given few political rights

• Women did hold a very important place in early America through the idea of “republican motherhood”– Mothers are entrusted with the moral

education of the young—democracy depends on that unselfish commitment to the public good

– “Keepers of the nation’s conscience”

New Constitutions in the States

• Massachusetts – Calls a special convention to draft its

Constitution and submits it directly to the people for ratification

– Can then be changed only by another specially called convention

– Process seen in the U.S. Constitution

Common Aspects of State Constitutions

• Defined the powers of government that drew its authority from the people

• Most included a bill of rights• Annual election of legislators• Weak executive and judicial branches• Legislature given broad powers—branch most

connected to the people• New Hampshire, New York, Virginia, North

Carolina, South Carolina, and Georgia all move their capitals westward. Why?

Economic democracy

• Many former Loyalist holdings divided up into small farms—allows more people to own land

• VERY IMPORTANT that economic democracy preceded political democracy

• Even though manufacturing grew without British goods being imported, farming remained the overwhelming profession of Americans

Economics of the new country

• Americans could trade with foreign nations

• The country was in trouble economically after the Revolution– State governments deeply in debt– Inflation sky high

The Challenge Facing America

• Responsibility of creating a government in a country lacking unity and trust

• Few hopeful signs– Common government structures and similar

constitutions, strong political leaders

• Continental Congress appoints a committee to draft a constitution for the country shortly before declaring independence. This would be the Articles of Confederation

Articles of Confederation

• Unanimous approval comes in 1781 when states like New York and Virginia began to give up claims to western territory for the “common benefit”

• Land to be used to create states that could come in as equal partners (Northwest Ordinance of 1787 does this)

• People begin moving west and purchase their farms from the federal government

Articles of Confederation

• 13 states joined together to deal with common problems

• No executive branch or real judicial branch in the national government

• Congress was very weak– Single vote for each state– 9 states required to pass laws of importance– 13 states needed to amend the Articles– No power to regulate commerce– No power to enforce taxes

Land Policy under the Articles

• Land Ordinance of 1785– Land in the old Northwest (north of Ohio River

and east of the Mississippi River) divided into townships that were 36 square miles each with lots 1 square mile apiece to be sold to pay off national debt. 16th Section to be sold for the benefit of public schools in the township

Land Policy under the Articles

• Northwest Ordinance of 1787– Process for governing new territories– Two territorial stages when the territory is

subordinate to the federal government– When the territory has 60,000 people, it can

apply for statehood

• Land policy was by far the biggest success of the government under the Articles of Confederation

Trouble with foreign governments

• England– Refused to deal with the Americans and

closed trade in the West Indies to the U.S.– Maintained a presence along the northern

frontier– Congress was powerless to act in commerce,

and the states set up their own tariffs

Trouble with foreign governments

• Spain– Controls the Mississippi River and closes it to

American commerce in 1784– Disputed land with the U.S. in what is now Mississippi

and Alabama– Worked with Native Americans to keep the Americans

east of the Appalachians• France

– Demands repayment of loans and restricts trade to the West Indies

• North African pirates harass American trade in the Mediterranean Sea

Troubles in the 1780s

• Economy in shambles• States arguing over boundaries and taxes on the

goods from other states• Shays’s Rebellion

– Impoverished farmers losing farms– Demanded the Massachusetts government issue

paper money, lighten taxes, and suspend property takeovers

– Massachusetts raises an army to put down these angry farmers, and the movement collapses after three of Shays’s followers are killed.

Response to the Unrest

• Property owners (elites) felt a stronger central government was needed to provide the foundation for republicanism

• How do you do this?– Desire for states’ rights while wanting a strong

central government (seems to be at odds)

PROPOSALS FOR CHANGE:

Virginia Plan• Strong central government• Three branches• Bicameral legislature

One house directly elected by peopleThe second appointed by the first

• Executive and Judiciary chosen by legislature• Council of Revision (executive and some judiciary

members): veto legislation which could be overridden• The national legislature would have supreme powers on

all matters on which the separate states were not competent to act, as well as the power to veto any and all state laws.

New Jersey Plan

• Amend not change Articles

• One vote/state

• Lower House elected by state legislatures

• Each state receives same number of seats

Great Compromise

• Connecticut Compromise• House of Representatives:

65 elected by people based on population

• Senate:2/stateChosen by state legislatures

• More power to people who live in states with small populations

Amendment Process: Proposal

1. 2/3 vote of both Houses (all amendments used this

option)

OR

2. National Convention called by Congress at request of 2/3 of states

Amendment Process: Ratification

1. ¾ of states via legislatures (all, except 21st (repealed Prohibition) used this method)

OR

2. Special ratifying conventions in each state (21st amendment)

Informal methods of changing Constitution

• Judicial review

• Changing political practice: introduction of parties, electoral college feeling more loyal

• Technology: Mass media has great influenceBureaucracy grown in importance because it can

now do more for citizens (e.g., social security)Atomic weapons and other demands have increased

power of president

Federalism

• Political authority divided between national, state and local governments

BASIC CONTROVERSY

• Federalists (nationalists)

AND

• Anti-Federalists (states’ righters)

Anti-Federalists

• Only small republics work

• Loose confederation of states

• Increase size of House of Representatives

• Reduce the power of each of the three branches of government

• Include bill of rights

WHY THERE WAS NO NEED FOR A BILL OF RIGHTS?

1. Liberty not a priority

2. Most states had bill of rights

3. The framers thought they were creating a government with specific, limited powers

4. Guarantees already in constitution

Madisonian Model• Limiting majority control: only House of

Representatives is directly elected by people; life tenure for judges; electoral college; staggered six year terms for senators

• Separating powers: shared, not absolute division

• Checks and balances:

• Federal system

NEED FOR A BILL OF RIGHTS

• Federal government must be restricted

• Must have the promise of a bill of rights to get the Constitution ratified. Especially in the large states

SLAVERY AND THE CONSTITUTION

• “Greatest Compromise”• Slavery is never mentioned by name in the

Constitution, but it is addressed 3 different places:

1. 3/5 representation2. Slave importation could not be ended until

18083. Escaped slaves had to be returned even from

free states

Anti-Federalists versus Federalists• Small farmers,

shopkeepers, laborers• Strong state government• Weak national government• Direct election of officials• Shorter terms• Rule by common man• Strengthened protection for

individual liberties

• Large landowners, wealthy merchants, professionals

• Weaker state governments• Strong, national

government• Indirect election of officials• Longer terms• Government by the elite• Less concern for individual

liberties• Madison, Hamilton, Jay