Constitutional Era

Articles of Confederation

Potential problems facing the young nation

• Foreign Policy• Economic Problems• Domestic Policy

Problems: Foreign policy

• England: controlled trade, and still maintained a presence in America

• Spain: controlled access to the Mississippi River, controlling the trade of Northwest farmers

• France: Demanded repayment of debt• Pirates: Raiding American ships

$$ Economics $$

• Huge debt from war: Individual states and the national congress owed great sums of money• High inflation: American money was

virtually worthless• Farm foreclosures: Patriots could not

afford to pay back loans

Problems: Domestic Policy

• Is the new nation 13 independent countries or is it one united country?

Source of the Problem

Struggles under the Articles of Confederation

Areas Weakness Consequences

Executive No central authority

No one to enforce the laws

Judiciary No federal court system

Inability to settle disputes among states

Taxes Congress could not impose or collect taxes

No money to run the country

Struggles (cont)

Trade Congress could not regulate trade between states

Each state had its own trading laws and taxes

Representation

Each state, regardless of population, had only one vote in Congress

The large states had no power over the little states

Conflicting Powers of the Articles of Confederation

• Congress could:–Raise armies–Declare War–Sign treaties

• Congress could not:–Raise revenue through taxes–Regulate trade or collect tariffs

The Constitutional Convention

• May 1787: Philadelphia• Each state

represented (except R.I.)

The Constitutional Convention

• Leaders were all appointed by the state legislatures, whose members had been elected by voters who could qualify as property owners.

• 55 delegates convened on May 25, 1787 in the Philadelphia statehouse , most all were men of high prestige and conservative

• Jefferson, in Paris, called the group a “convention of demigods”

Hot Topics

• Representation–Large States vs Small States

Stronger New Government

• National principle: –National government should be

stronger than the states

Hot Topics (cont)

• Slavery–North vs

South

• How should slaves be counted?–People?–Property?

Virginia Plan

• 3 Branches of Government• Bicameral legislature• Population based

New Jersey Plan

• Small state plan• Equal voting in legislature• Group executive• States Rights

Compromises

• Great Compromise (Connecticut)–Population and Equality based

legislature–House of Representatives control

taxation

Compromises

• Three-Fifths Compromise–North: Slaves should not count in

population totals–South: Smaller population would lead

to northern domination–Compromise: Slaves will count as 3/5

of a person for representation

Compromises Cont.

• Most northerners and many southerners believed slavery would eventually die out.

• Most northerners also believed blacks inferior and could work only as menial laborers.

Compromises

• Commerce Compromise–Agricultural vs Industrial states–Congress could tax imports, but

not exports

Constitutional Principles

• Federalism• Separation of Powers–Checks and Balances

• Individual Rights

Federalism

• Shared Power between the National government & State governments

Stronger New Government

Legislative Branch

Checks on Judicial Branch

• Creates lower courts• Can impeach and remove judges• Can propose amendments to

overrule judicial decisions• Approves appointments of federal

judges

Checks on Executive Branch

• Can override presidential veto• Confirms executive appointments• Ratifies treaties• Declares war• Appropriates money• Impeachment

Executive Branch

Check on Legislative Branch

• Proposes Laws• Veto • Call special sessions of Congress• Appointments to federal posts• Negotiates treaties

Check on Judicial Branch

• Appointments of judges• Pardons

Supreme Court

Checks on Legislative Branch

• Declare acts of Congress illegal

Checks on Executive Branch

• Can declare actions unconstitutional

Articles of Confederation

• In effect, U.S. government was peacefully overthrown

Approval

• The new constitution must be ratified by 9 of the 13 states• Special state constitutional

conventions were convened to vote on the new government• Debate: Federalists vs Anti-

Federalists

Federalists

• Supporters of the new Constitution• Merchants, urban, upper-class,

seacoast, commercial interests• Washington, Madison, Jay, Marshall

Federalist Papers

• Series of articles by Madison, Jay, and Hamilton in support of Constitution (“Publius”)• Madison’s “Federalist 10” considered

to be one of the greatest political documents written

Anti-Federalist

• Opposed the new government• Infringement of natural rights• Agrarian, western, states rights

supporters• Patrick Henry, Sam Adams, Richard

Henry Lee

Issues

• Who controls the country: the national government or the state governments• Bill of Rights

The Winner

• If it would have been a popularity contest the Anti-Federalist would have won hands down……….. But, it wasn’t!!!!!

• By 1788, 9 states had ratified the Constitution

• Remaining states join because they don’t want to be left out

Conservative Victory

• New Government created to check the excesses of the Mob (common people)

• Federal judges appointed for life• President elected indirectly by Electoral

College• Senators chosen indirectly by state

legislatures

Bill of Rights

• Anti-Federalist victory…

• Guaranteed certain rights that the government could never infringe upon

Bill of Rights

• Guaranteed freedoms

• 1-9: Personal Freedoms

• 10: Reserved powers of the states

Federalist Era

• 1st Constitutional elections: Mostly Federalist elected to Congress• Goal: Finish what they started–Build a Strong central government