VII. Landmarks in Land laws• Land Ordinance of 1785: land of the old

northwest would be sold to the central gov’t and used to pay off the national debt– Area to be surveyed with a baseline*

established and divided into townships 6x6 sq. miles, then into 36 sections, w/ one for public school

• The Northwest Ordinance of 1787: land would come into the union in two territorial stages, then once the population reaches 60,000, it will be admitted as a state on equal par with the original 13 colonies– Also forbade slavery in the territory

VIII. The World’s Ugly Duckling • England angry at us; wouldn’t make

commercial treaties with us or repeal Nav. Acts • England shut off profitable West Indies trade (but we smuggled)• Still had forts along northern border to curry favor w/ Indians and

honor the Treaty of Paris’ conditions re: debt and Loyalists. • Spain also not happy with us

– By controlling New Orleans, they cut off our access to Mississippi

– Also claimed our new Florida land – Convinced Indians to antagonize us

• France demanded payment of war loans and restricted our trading rights in West Indies

• North African pirates (Barbary States) attacking our ships, impressing our sailors on Mediterranean, we wouldn’t pay bribes

• But maybe all this would force us to form better gov’t (J. Jay)

IX. The Horrid Specter of AnarchyMany problems brewing among states:

not paying debts, boundary disputes, taxing other states’ exports, printing own money

• Shays’ Rebellion Massachusetts, 1786– Led by Daniel Shays; veterans of

Revolutionary War who were losing their farms; demanded cheaper paper money, lighter taxes, and suspension of mortgage foreclosures.

– Mass. raised small army to end revolt– Alarmed many conservatives

• “mobocracy”?!?!?!? Do the Articles of Confed. need amending?

•

X. Convention of “Demigods” • Commerce problems alarming• 5 of 9 states went to Annapolis and

called for convention in Philadelphia the next year

• Congress called a convention “for the sole purpose of revising the Articles of Confederation” in May, 1787 for 17 weeks

• Select group, but high caliber of 55 men such as Washington, Madison, Hamilton and Franklin

• Not present: T. Jefferson, J. Adams, T. Paine, S. Adams, J. Hancock, P. Henry

• Meetings held in secret (Madison kept daily journal = “Father of the Constitution”

• RI = only state not at convention

XI. Patriots in Philadelphia

• Conservative, wealthy, young-ish, experienced, nationalistic group – Want more central authority – Want to curb the unrestrained

democracy • (The shadow of Shays’ Rebellion!)

– Want protection against “mobocracy”

– Mobocracy: Political control by a mob or the mass of common people as the source of political control.

XII. Hammering Out a Bundle of Compromises

• Decided to scrap the Articles• Large state plan: (Vir.) bicameral leg. based on pop. in both

houses• Small state plan: (N.J.) unicameral, all states equal• Great Compromise: (Conn.) bicameral:

– House – based on population– Senate – all states equal

• Every bill to raise $$ must begin in House (since large states will have a larger tax burden)

• Strong, independent executive elected indirectly by Electoral College

• 3/5 Compromise: slave counts as 3/5 of a person for census purposes for representation in House and for taxes

• Slave trade to end in 1807 (only Ga. continued to do so)

XIII. Safeguards for Conservatism• Basic economic agreement

– Sound money &protection of private prop.• Basic political agreement

– Stronger gov’t with 3 separate branches– Checks and balances– Avoid manhood-suffrage democracy (elitists), so…

• Federal judges for life – why?• Senators chosen indirectly by state leg.• President chosen indirectly by College• Direct vote only for H of R• Yet very democratic

– Gov’t by the consent of the governed– Limited government with written constitution39 of the 42 who stayed of the original 55 signed the

Constitution

XIV.The Clash of Federalists & Anti-Federalists

• Takes 9 states to ratify Constitution into law (not unanimous like A of C)

• Anti-Federalists – States right supporters– Wanted a bill of rights– Against no annual elections, D.C., army, 2/3

ratification, no reference to God– Inc. Patrick Henry and Sam Adams– Poorer, less ed., backcountry

• Federalists were richer and more conservative – Federal authority supporters– More cultured, seaboard– Inc. many Loyalists

•

XV. The Great Debate in the States • 4 small states quickly

accepted (Del. NJ, Ga., Conn.) and larger Penn.

• There was a close vote in Mass. in favor

• Federalists promised bill of rights

• 3 more (Md. SC NH)• The holdouts:

– NY, VA, RI, and NC

XVI. The 4 Laggard States

• Vir. – fierce Anti-fed. opposition• NY – allowed manhood-suffrage, so heavy

Anti-federalist vote• John Jay, Alexander Hamilton, James

Madison write Federalist papers– (but not much impact at time)– “Publius”– Federalist #10 by Madison

• You can have republican form of gov’t in a large territory

• NC and RI didn’t vote• Last 4 ratify basically because they couldn’t

exist as independent states

XVII. A Conservative Triumph• Minority triumph 2 x

– In Revolution and Constitution

• Safeguards against “mobocracy”– Many who had been

radicals now found themselves in a peaceful counterrevolution

Constitution

Three Parts of the Constitution• 1. Preamble (Introduction to state goals)

– To form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity

• 2. 7 Articles– I. Legislative V. Amending– II. Executive VI. Supremacy– III. Judicial VII. Ratification– IV. The States

• 3. Amendments– Bill of Rights– 17 additional

Five Fundamental Principles of the Constitution

• 1. Republican form of government– = representative democracy

• 2. Federalism– 3 levels = national, state, local– Supremacy Clause– But….E PLURIBUS, UNUM!!!

• 3. Separation of Powers with Checks and Balances– 3 branches = legislative, executive, judicial

• 4. Adaptability of the Document– Amendments, tradition/unwritten,elastic clause, judicial review of flexible

broad language

• 5. Protections of our Civil Liberties– In 7 Articles, Bill of Rights, additional 17 amendments