The Confederation & the Constitution

1776-1790American Pageant Chapter 09

After the war were people ready for theConstitution?

The Pursuit of Equality--background

A work in progress: Social Democracy

i.e. “Mr. & Mrs.”, “boss”

Separation of Church & State Episcopal Church disestablished

Virginia Statute for Religious Freedom

The Pursuit of Equality--background

A work in progress: Anti-slavery

1775 Quaker antislavery society

No state abolished slavery & discriminatory laws

Women Civic Virtue & Republican Motherhood

Constitution Making in the States

Continental Congress 1776

All colonies draft new constitutions

Sovereignty and republicanism

Massachusetts—people ratified

American’s invent “constitutions”

Formal written documents

Authority from people

People terrified of big government & powerful executives

Constitution Making in the States

Fundamental Law—supreme law of the land

Most—Bill of Rights, weak executive &judicial branches, strong legislatures

Recognizing the west

Enfranchised

Many move state capitals west

Economic Crosscurrents

After the War—the good:

Stimulus to manufacturing

(Most still farmers)

Free trade with foreign nations

Economic Crosscurrents

After the War—the bad:

Loyalists property loss

Limited commerce with Britain

Demoralizing War profiteering

Inflation

A Shaky Start Toward Union

Weak union

Political experimentation

Hard economic times

British political inheritance

Self-government experience

Strong Leaders

So…after the war were people ready for theConstitution?

What are the strengths & weaknesses of the Articles of Confederation?

Creating a Confederation--background

Second Continental Congress

13 sovereign states

Committee to create constitution

Need to ratify treaty with France

Articles of Confederation—1777

Western Lands

States ceded new land to central government

New states would have = rights

Creating a Confederation—westward land

The Articles of Confederation: America’s First Constitution

Firm league of friendship

No executive branch

Unanimous ratification & amendment process

No power to regulate commerce

No power to enforce taxation

Significant step towards The Constitution

Landmarks in Land Laws

Land Ordinance of 1785

Old northwest sold to pay national debts

Divided into townships

6 miles square

Thirty-six sections (1 sq. mile each)

16th section—sold for public school

Orderly settlement in northwest

Landmarks in Land Laws

Northwest Ordinance--1787

New territories added in stages

1st--area subordinate to federal government

60,000 people—became state

Same rights as older states

Forbade slavery in Northwest territory

So…what are the strengths & weaknesses of the Articles of Confederation?

What finally convinced the people to change the Articles of Confederation?

The World’s Ugly Duckling

The World’s Ugly Duckling

Britain

No diplomatic minister to U.S.

Navigation Laws

Frontier trading posts & fur trade

Closed West Indies for trade

Spain

Controlled mouth of Mississippi

Closed river to U.S. commerce

Claimed large area north of Gulf of Mexico (including Florida granted to U.S. by British)

Antagonized resentful Indians

France

Demanded repayment for war loans

Restricted trade with West Indies

Pirates

Dey of Algiers

Enslaved Yankee Sailors

U.S. too weak to fight to poor to bribe

Or the world is just a mean ole’ bully!!!

The Horrid Specter of Anarchy

Shay’s Rebellion 1786 MA—backcountry farmers in debt

Wanted: lighten taxes, print paper $, suspend property takeovers

Several small skirmishes

Shay’s followers crushed

MA did pass debtor-relief laws

The fear of mobocracy & democratic despotism

Stronger confederation needed

So…what finally convinced the people to change the Articles of Confederation?

What compromises needed to be made in the Constitution?

A Convention of “Demigods”

Annapolis 1786

1st attempt—only 5 of 9 states showed

Alexander Hamilton

Adoption of his report—meet again…

A Convention of “Demigods”

Constitutional Convention

Philadelphia—May 25, 1787

55 delegates

Only authority to “amend”

Complete secrecy & guarded

Patriots in Philadelphia

Notable: George Washington, James Madison (“Father of Constitution), Alexander Hamilton

Missing: Thomas Jefferson, John Adams, Thomas Paine, Samuel Adams, John Hancock

Delegates

Conservative, wealthy, educated, young, experienced, & nationalists

Hammering Out a Bundle of Compromises

Virginia Plan “Large-state plan”

Bi-cameral (two houses)

Based on population Large states advantage

New Jersey Plan Small state plan

Unicameral

Equal representation

Hammering Out a Bundle of Compromises

The Great Compromise Bicameral (two houses)

Upper House (Senate) —equal representation

Lower House (House of Representatives)—based on population

Tax & revenue bills must originate in the house

Hammering Out a Bundle of Compromises

Sectional jealousy

South—wanted slaves to count for representation, but not taxation

North—wanted slaves to count for taxation, but not for representation

3/5 Compromise

Slaves count as 3/5 of a person for taxation & representation

International slave trade would end in 1807

So…what compromises needed to be made in the Constitution?

How does the Constitution prevent “democratic despotism” and “mobocracy”?

Safeguards

3 Branches of Government

Executive

Veto power

Appoint judgeships

Wage War

Indirect election—Electoral College

Safeguards

3 Branches of Government

Legislative

Write law

House elected directly

Senate elected indirectly through state legislatures

Power to declare war

Safeguards

3 Branches of Government

Judicial

Least developed branch in the constitution

Federal judges appointed for life by executive

Safeguards

Safeguards

How does the Constitution prevent “democratic despotism” and “mobocracy”?

What were the arguments for and against the Constitution?

Clash of Federalists & Anti-Federalists

Federalists

For the Constitution

Powerful & influential

I.E. George Washington & Benjamin Franklin

More educated & organized (newspapers)

Wanted stronger central government

The Federalist James Madison, John Jay, Alexander Hamilton

Federalist No. 10 (James Madison)

Clash of Federalists & Anti-Federalists

Anti-Federalists

Apposed stronger central government

Wanted Bill of Rights

Worried about “aristocratic” elements

Wanted more powerful states

Samuel Adams, Patrick Henry, Richard Henry Lee

Poorest classes—paper $, debtors

Clash of Federalists & Anti-Federalists

So…what were the arguments for and against the Constitution?

How smoothly did the ratification process go?

Ratification

Need 2/3rd or 9 states to ratify

Delaware—1st to ratify

PA—first large state

NJ, GA, CT next

MA—most important

”acid test”

promises of bill of rights

MD, SC, NH next

Ratification

Four “laggard states”

VA—biggest state—w/fierce anti-federalist opposition

NY—Alexander Hamilton

North Carolina

Adjourned w/no vote

Ratified 1789

& Rhode Island

Rejected it with popular referendum

Ratified 1790

So…how smoothly did the ratification process go?

Do you agree with your book that “conservatism was victorious”?