Developed July 2017

Evaluate how the roles and responsibilities of government evolved during the first decade of US independence. Developed July 2017

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Historical Question Evaluate how the roles and responsibilities of government evolved during the first decade of US independence. Introduction to DBQ This DBQ exercise is organized to help guide students create their own understanding of early US government. It is designed to be used as a group-station activity that will culminate into an individual essay. Historical Thinking Skill: Continuities and Change By examining how the US government changed in the first decade, students will discover the continuous battle between rights and the power of the central government. Students will have achieved this goal when they can describe how the government power has shifted and what rights have remained preserved. SC Standard(s)

● USHC.1.CE Assess the major developments of the American Revolution through significant turning points in the debates over independence and self-government from 1763–1791.

Materials

● Copies of all sources (electronic or paper) ● Copies of station questions ● Optional: timeline paper ● Paper/PC for essay

Teacher Guide Taken from the SC US History Support documents (2011), the following is background information on this topic. After the revolution, Americans established a government under the Articles of Confederation to protect the rights they had fought for during the war. However differences among the various states and the threat of civil unrest (Shays’ Rebellion) led to the further evolution of American democracy. A new government under the Constitution was designed to address the flaws in the Articles of Confederation. The greatest problem with the Articles of Confederation was the inability of the weak central government to meet the needs of the nation. The lack of a strong central government under the Articles of Confederation was a direct result of the experiences that led to the American Revolution. Because the Americans were fighting to preserve the rights of their colonial


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assemblies, they believed sovereignty rested in their state governments and developed a confederation of the thirteen states to unite to fight the war. The Continental Congress provided the model for the Articles of Confederation government (the Confederation government). Authority rested in the states, not in the central government. Successes of the Confederation Government: The effectiveness of the new Confederation government was almost immediately called into question when its ratification was delayed by competing state interests. The controversy between large (New York and Virginia) and small states (Maryland) over land claims in the west was resolved with the ceding of state claims to the Confederation government and the creation of the national domain. The Confederation government established a method for distribution of this land through the Land Ordinances and set the precedent for the creation of new states through the Northwest Ordinances. The Northwest Ordinances also declared slavery illegal in the old Northwest Territory. This was the first effort by the national government to prohibit slavery in the territories. Although not specifically addressed in the writing of the new Constitution, the passing of the Land Ordinance and the Northwest Ordinance was one of the first acts of the First Congress under the new Constitution of 1787. Thus the system of creating new states on an equal footing with the original states is recognized as an achievement of the Confederation government. The confederation form of government under the Second Continental Congress proved effective during the American Revolution when the states had a common cause. The Confederation government was satisfactory at the state level as states wrote new constitutions and passed laws that met their needs. The Confederation government was effective in negotiating the Treaty of Paris. However, soon after the fighting ended in 1781 and their common cause ended, Americans found that the Confederation government was too weak to meet the growing needs of the new nation. Economic Problems: Interruption of trade with Great Britain, the colonies principle trading partner, had led to a depression and challenges to the Confederation government. Some Americans found it increasingly difficult to pay their mortgages and state taxes which led to a rebellion in Massachusetts [Shays Rebellion]. Farmers marched to close the local courts and prevent foreclosure proceedings on their farms. This unrest frightened many of the elite and prompted their support for a stronger national government that could preserve the peace. Without the ability to pay an army, the elite feared that the Confederation government might not be able to respond to this crisis and so they supported the call for the meeting in Philadelphia at which a new constitution was written. Under the new constitution, the national government was given the power to levy taxes so they could maintain the army to “maintain domestic tranquility.” In addition, the Confederation government could not resolve conflicts between the states over interstate trade, currency, or boundaries because their power to do so was not recognized by the states and there was no national judicial branch to resolve such conflicts. At the Philadelphia


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convention, the new national government was given the exclusive power to control interstate commerce and to control the currency. A judicial branch of government was established with the right to resolve disputes between the states. Diplomatic Problems: The Confederation government had not been able to force the British government to live up to provisions in the Treaty of Paris that required the removal of British troops stationed at frontier forts on American soil. Nor could the national government persuade the British government to allow the continuation of trade between British merchants and her former colonies. The Confederation government could not persuade the Spanish to allow Americans access through New Orleans to the sea. States were attempting to negotiate with foreign powers separately. Because the Confederation government could not levy taxes but could only request funds from the states, once the Revolutionary War was over, many states refused to support the national government with funds. Thus the government was not able to support an army that would give the government diplomatic clout. Under the new Constitution, the national government was given the exclusive right to make treaties with foreign powers thus enhancing their ability to protect the United States’ interests diplomatically. Fear among delegates from Southern states that the power to control international trade might prompt the new federal government to control the slave trade led to a compromise. The federal government would not attempt to limit the international slave trade for at least 20 years. [The international slave trade was made illegal in 1808.] Problems with Government Organization Led to Compromises: The most fundamental problem of the Confederation government was the lack of power to solve national problems because the states refused to acknowledge the authority and power of the central government. The Constitution set up a federal system in which the power of government was shared between the states and the national government. The Confederation government had not been able to solve problems in the delegation and exercise of power by amending the Articles of Confederation unless all of the states agreed. The new constitution would make it easier to fix any unforeseen problems by including a provision for amendment by three fourths of the states. Even the structure of the Confederation government proved to be unsatisfactory. There was no executive branch of government to carry out the will of the national congress or a judiciary to resolve disputes. The Framers of the Constitution established three branches of government, legislative, executive and judicial, each with its own powers. To meet the fear that the executive might become too strong, a system of checks and balances that limited the power of each of the branches was added (USHC 1.5). The Confederation Congress consisted of one house and each state delegation had one vote, no matter how big or small the population of that state might be. At the Philadelphia Convention, large states wanted to be represented based on population [Virginia Plan] while small states wanted to preserve their power and continue to have one vote per state [New Jersey Plan]. The compromise was a bicameral legislature in which each state has two votes in the Senate and representation in the House of Representatives is based on


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population [Connecticut Compromise or Great Compromise]. This led to debate about who should be counted for purposes of representation. Southern states wanted to count slaves; Northern states, many of which were in the process of gradually emancipating their slaves, did not want to give southern states this political advantage. The so-called 3/5ths Compromise was that slaves were to count as 3/5 of a person for the purposes of both representation and taxation; however, no taxes were ever levied based on the population of the states. The authority of the Confederation government derived from the states so delegates to the Confederation Congress were selected by their state legislatures. However, the Philadelphia convention declared that the authority to govern was granted by “We, the People” to the national government. Since the Framers believed in “no taxation without representation” (USHC 1.2) they gave the House of Representatives the right to initiate tax measures and so determined that Representatives should be directly elected by the voters of their states. However the Framers also feared the uncontrolled will of the people so they developed the electoral college to buffer the impact of the popular will on the election of the president, devised a system for indirect election of Senators, and provided that justices of the Supreme Court should be nominated by the President and confirmed by the Senate. Ratification: The Constitution was sent to special state conventions for ratification that required the vote of nine states, rather than unanimous approval required for amendment of the Articles of Confederation. The ratification of the Constitution was the result of another compromise between those who wanted a stronger national government and those who feared it. Supporters of the constitution and a strong national government were called Federalists and represented the elites of the coastal areas. Opponents of the Constitution became known as Anti-Federalists and were concentrated among the backcountry farmers who feared the power that the elites would have in a strong national government located far away from the influence of the people. Anti-Federalists believed that state governments would be more responsive to the needs of the people. Controversy centered on the lack of a bill of rights to protect the rights of the individual against an abusive government. A compromise was reached when several states ratified only on the condition that a bill of rights would be added. Federalists James Madison, Alexander Hamilton, and John Jay campaigned for ratification by writing a series of essays that are collectively known as The Federalist Papers. These essays were written to influence the New York ratifying convention to ratify a stronger national government. The authors supported a central government capable of protecting the rights of the people against local prejudices but not so strong as to threaten the liberties of the people. The Federalist Papers provides an understanding of the intentions of the framers of the Constitution.


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The idea of limited government is that the government must be controlled so that it cannot infringe upon the rights of the people. Under the Constitution, the power of the national government is limited. The fundamental principle of democracy is that the government derives its power from the consent of the governed. Under the Articles of Confederation, sovereignty lay with the states. Under the Constitution, the authority to govern derives not from the states but from the people as evidenced by the language “We the People…do ordain and establish this Constitution.” Although the United States was not a democracy at its inception because it did not recognize the right to vote of several classes of people, it did recognize that the ultimate governing authority rested with the voters. The Framers also based the government on the principle of republicanism. Voters were to be represented by elected legislators who would make decisions in the interests of the voters. Voters elect the members of the House of Representatives. However the Framers also feared the uncontrolled will of the people so they devised a system for indirect election of Senators and developed the electoral college to buffer the impact of the popular will on the election of the president. The national judiciary is not elected but appointed by the chief executive and confirmed by the Senate. The Framers of the Constitution included in the structure of the government protections that would limit the power of the national government. The principle of federalism limits the power of the national government by only delegating it some powers. Other powers are reserved to the states and still other powers are held concurrently by the states and by the nation, while still others reside with the people. In addition, the Framers divided the power of the national government among three branches: the executive, the legislature, and the judiciary. The legislature is divided into two houses, the House of Representatives and the Senate. The House of Representatives was given the exclusive right to initiate tax bills because they more directly represent the people. A system of checks and balances further ensured that the power of each branch was limited by a competing power in another branch. For example, although the legislature has the exclusive power to pass laws, the chief executive can veto those laws. The legislature can override a veto with a supermajority vote. The executive branch has the power to make treaties with foreign governments but only the Senate can ratify these treaties. Members of the judiciary and the chief executive can be removed from office with an impeachment procedure carried out by the legislature. Finally, the addition of the Bill of Rights, the first ten amendments to the Constitution, as promised during the ratification process limited the national government from infringing on the rights of the people. Included among those rights are the right to freedom of speech, religion, assembly, and the press; protections against unfair trials and unreasonable search and seizure; and the right to bear arms.


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<SOURCE: http://ed.sc.gov/scdoe/assets/file/agency/ccr/Standards-Learning/documents/USHistorySupportDocuments.pdf>

http://ed.sc.gov/scdoe/assets/file/agency/ccr/Standards-Learning/documents/USHistorySupportDocuments.pdf

http://ed.sc.gov/scdoe/assets/file/agency/ccr/Standards-Learning/documents/USHistorySupportDocuments.pdf


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Source A Excerpts from the “Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts-bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia” …II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States… III. The said States hereby severally enter into a firm league of friendship with each other… IV. …Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State. V. For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, … …In determining questions in the United States in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress… VI. …No two or more States shall enter into any treaty, confederation or alliance whatever between them… VIII. The taxes …shall be laid and levied by the authority and direction of the legislatures of the several States… IX. …The United States in Congress assembled shall never engage in a war, …nor enter into any treaties or alliances, nor coin money, … nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, … unless nine States assent to the same… XIII. …nor shall any alteration at any time hereafter be made in any of [the articles]; unless such alteration be agreed to in a Congress of the United States, and …confirmed by the legislatures of every State. … the Articles thereof shall be inviolably observed by the States … and that the Union shall be perpetual.


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Source B Masthead and part of front page of The Massachusetts spy, or, Thomas's Boston journal showing a female figure of Liberty in upper left and rattlesnake labeled "Join or Die" symbolizing the 13 colonies, challenging a griffin, across the top- Revere, Paul, artist (1774 July 7)


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Source C James Madison, May 7, 1787. Vices of the Political System of the U. States.

April, 1787. Vices of the Political system of the U. States. 1. Failure of the States to comply with the Constitutional requisitions… 2. Encroachments by the States on the federal authority… 3. Violations of the law of nations and of treaties… 4. Trespasses of the States on the rights of each other… 5. Want of concert in matters where common interest requires it… 6. Want of Guaranty to the States of their Constitutions & laws against internal violence… 7. Want of sanction to the laws, and of coercion in the Government of the Confederacy… 8. Want of ratification by the people of the articles of Confederation… 9. Multiplicity of laws in the several States… 10. Mutability of the laws of the States… 11. Injustice of the laws of the States… These causes lie 1. in the Representative bodies. 2. in the people themselves. 1. Representative appointments are sought from 3 motives. 1. ambition. 2. personal interest. 3. public good. Unhappily the two first are proved by experience to be most prevalent... 2. A still more fatal if not more frequent cause, lies among the people themselves. All civilized societies are divided into different interests and factions... Whenever therefore an apparent interest or common passion unites a majority what is to restrain them from unjust violations of the rights and interests of the minority, or of individuals? Definitions Requisition: an official order laying claim to the use of property or materials Encroachment: intrusion on a person's territory, rights, etc. Concert: agreement, accordance, or harmony Coercion: the practice of persuading someone to do something by using force or threats: Sanction: a threatened penalty for disobeying a law or rule Mutability: liability or tendency to change Source D George Washington to James Madison Jr., Nov. 5th, 1786 Mount Vernon, November 5, 1786. My dear Sir: … A letter which I have just received from Genl Knox, who had just returned from Massachusetts ([where] he had been sent by Congress [as a result of the rebellion] in that State) is [full of] melancholy information …They are determined to anihillate all debts public and private, and have Agrarian Laws…


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The numbers of these people amount in Massachusetts to about one fifth part of several populous Counties… people of similar sentiments from the States of Rhode Island, Connecticut, and New Hampshire… constitute a body of twelve or fifteen thousand desperate, and unprincipled men. …What stronger evidence can be given of the want of energy in our governments than these disorders? If there exists not a power to check them, what security has a man for life, liberty, or property? To you, I am sure I need not add aught on this subject, the consequences of a lax, or inefficient government, are too obvious to be dwelt on. Thirteen Sovereignties pulling against each other, and all tugging at the [federal government] will soon bring ruin on the whole; whereas a liberal, and energetic Constitution, well guarded and closely watched, to prevent incroachments, might restore us to that degree of respectability and consequence, to which we had a fair claim, and the brightest prospect of attaining. With sentiments of the sincerest esteem etc. The George Washington Papers at the Library of Congress, 1741-1799 The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.


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Source E Thomas Jefferson, 1788, Chart of State Votes on the United States Constitution


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Source F Pamphlet entitled “To the people of Maryland. The following facts, disclosing the conduct of the late convention of Maryland is submitted to the serious consideration of the citizens of the state” 1788 …the members who were opposed to the ratification of the constitution, without .. amendments … thought essentially necessary to secure the liberty and happiness of the people…stated some of their objections to the constitution. ..The vote of ratification having thus passed, Mr. Paca again arose and laid before the convention his propositions for amending the constitution thus adopted, …declaring that he had only given his assent to the government under the firm persuasion, and in full confidence, that such amendments would be peaceably obtained.. …That congress shall exercise no power but what is expressly delegated by this constitution… …That there shall be a trial by jury in all criminal cases, …and that there be no … second trial after acquittal… …That the federal judges do not hold any other office … or receive the profits of any other office under congress, during the time they hold their commission. …all general warrants to search suspected places, or to apprehend any person suspected, without naming or describing the place or person in special, are dangerous, and ought not to be granted. …That soldiers be not quartered in time of peace upon private houses, without the consent of the owners. …That the freedom of the press be inviolably preserved…. …That there be no national religion established by law, but that all persons be equally entitled to protection in their religious liberty. …That every man hath a right to petition the legislature for the redress of grievances in a peaceable and orderly manner. … That it be declared, that all persons intrusted with the legislative or executive powers of government are the trustees and servants of the public, and as such accountable for their conduct...


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Source G Chester the Crab Series, What Replaced the Confederation?


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Source H John Hancock’s Final Observations: “We Must All Rise or Fall Together” February 6, 1788- Massachusetts Ratifying Convention … But you will permit me, gentlemen, to close the whole with one or two general observations… That a general system of government is indispensably necessary to save our country from ruin, is agreed upon all sides. That the one now to be decided upon has its defects, all agree; …but as the matter now stands, the powers reserved by the people render them secure, and until they themselves become corrupt, they will always have upright and able rulers. I give my assent to the Constitution in full confidence that the amendments proposed will soon become a part of the system—these amendments being in no wise local, but calculated to give security and ease alike to all the States, I think that all will agree to them. Suffer me to add, that let the question be decided as it may, there can be no triumph on the one side, or chagrin on the other—Should there be a great division, every good man, every one who loves his country, will be so far from exhibiting extraordinary marks of joy… The people of this Commonwealth… know that we have none of us an interest separate from theirs—that it must be our happiness to conduce to theirs—and that we must all rise or fall together… The question now before you is such as no nation on earth, without the limits of America, have ever had the privilege of deciding upon.


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Source I Illustrated Bill of Rights from Young Citizens (1971)


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Station Questions Addendum Creating the Articles of Confederation-Station 1: (Sources A-B) 1. Under the Articles of Confederation, what level of government (local, state, national) seems

to have the most power? Which article supports your idea? 2. What is the relationship between the states? 3. Who appoints delegates to Congress? 4. How many votes does each state get? 5. What limits are placed on congress? 6. Why must all colonies join? Hating the Articles of Confederation- Station 2: (Sources C-D) 1. Madison gives a long list of grievances, generally who seems to be causing issues in the first

11 points? How so? 2. Ultimately, what two factors are blamed for the ills of government? 3. When is uniting under a common passion a bad thing according to Madison? 4. What issue is Washington writing about in his letter? 5. What needs to be done to secure the United States as a whole? Creating the Constitution- Station 3: (Sources E-G)

1. Based off of Jefferson’s chart, what conclusions can you draw about the willingness of states to put aside their differences? Explain your reasoning,

2. Why did some states oppose ratification at first? 3. What does it say about Mr. Paca’s relationship with the other delegates, when you consider

that he was willing to be persuaded into ratifying the constitution off of the faith that that amendments would be ratified afterwards?

4. Why might some delegates feel the need to create amendments that include right to trial by jury, protection against unwarranted searches, and the freedom of religion?

Changing the Constitution- Station 4: (Sources H-I) 1. According to Hancock, what can all sides agree on? 2. What do the amendments grant all states (in Hancock’s statement)? 3. What might happen if one side “triumphs”? 4. Do you agree with the statement “we must all rise or fall together?” 5. The Bill of Rights protects individuals from the abuse of power by the government. Do you

think it is necessary, why or why not? 6. Both the Bill of Rights and the Articles of Confederation limit the power of the federal

government. Why might that be a priority?


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Scaffolding the Historical Thinking Skill This DBQ is intended to be used in stations where students work in groups and then ultimately break away to create their own individual essays. This is developmentally appropriate for a CP level US History Class. Please see the addendum for station questions. It is recommended that each station have a separate page. For lower level students/classes, a timeline can be incorporated between the stations activity and the essay or replace the essay altogether. Have students create a timeline of events, this can be done as individuals or as a class. If doing so as a class, try to guide students in marking points of important change and noting what stayed the same. For high flying students, students can complete the activity individually, or they may be asked to find their own primary source to include in their essay. Additionally, teachers could take it a step further, if time allows, to have students debate and create their own constitution after they have written their essays. For all levels, the station questions can be adjusted to have students answer question in ways other than writing, such as a t-chart of differences between two documents or drawing their own cartoon of a specific main point.


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Resources (1788) Thomas Jefferson, 1788, Chart of State Votes on the United States Constitution.

[Manuscript/Mixed Material] Retrieved from the Library of Congress, https://www.loc.gov/item/mtjbib003997/.

(1788) [To the people of Maryland. The following facts, disclosing the conduct of the late

convention of Maryland is submitted to the serious consideration of the citizens of the state ... n. p. 1788 Positive Photostat]. [Pdf] Retrieved from the Library of Congress, https://www.loc.gov/item/rbpe.0280250a/.

Boyd, B. (2003). Constitution Construction. In Chester the Crab's Comics with Content Series

(p. 24). Mount Vernon: Chester Comix, LLC. Elliot, Jonathan, 1784-1846, ed. The debates in the several state conventions on the adoption of

the federal Constitution, as recommended by the general convention at Philadelphia, in 1787. Together with the journal of the Federal convention, Luther Martin's letter, Yate's minutes, Congressional opinions, Virginia and Kentucky resolutions of '98-'99, and other illustrations of the Constitution. Collected and rev. from contemporary publications, by Jonathan Elliot. Pub. under the sanction of Congress. 2d ed., with considerable additions. Philadelphia, J.B. Lippincott & co.; Washington, Taylor & Maury, 1836-59. 5 v. 24 cm.

Madison, J. (1787) James Madison, May 7, 1787. Vices of the Political System of the U. States.

April. [Manuscript/Mixed Material] Retrieved from the Library of Congress, https://www.loc.gov/item/mjm012727/.

Revere, P. (1774) [Masthead and part of front page of The Massachusetts spy, or, Thomas's

Boston journal showing a female figure of Liberty in upper left and rattlesnake labeled "Join or Die" symbolizing the 13 colonies, challenging a griffin, across the top]. United States, 1774. July 7. [Photograph] Retrieved from the Library of Congress, https://www.loc.gov/item/2002712180/.

“To James Madison from George Washington, 5 November 1786,” Founders Online, National

Archives, last modified June 29, 2017, http://founders.archives.gov/documents/Madison/01-09-02-0070. [Original source: The Papers of James Madison, vol. 9, 9 April 1786 – 24 May 1787 and supplement 1781–1784, ed. Robert A. Rutland and William M. E. Rachal. Chicago: The University of Chicago Press, 1975, pp. 161–162.]

United States, Laurens, H., Purdie, A. & Continental Congress Broadside Collection. (1777)

Articles of Confederation and perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South

https://www.loc.gov/item/mtjbib003997/

https://www.loc.gov/item/mjm012727/


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Carolina, and Georgia. [Williamsburg: Printed by Alexander Purdie] [Online Text] Retrieved from the Library of Congress, https://www.loc.gov/item/90898067/.

https://www.loc.gov/item/90898067/