Articles of Confederation and Constitution

Forging a National Republic, 1776−1789

The United States in 1783

Western Land Claims Ceded by the States

Forging a National Republic, 1776−1789

• Agreed new nation should be a republic (government based on consent of people)

• But disagreed strongly and at times violently on how to implement this republic

• Besides government structure, debated how many Americans to include in republic

• Debated how to inculcate virtue required for Republic’s survival

Creating a Virtuous Republic• Three different definitions of republicanism

1. classical theory asserts a republic requires self-sacrifice, consensus, and an aristocracy of merit

2. using Smith’s ideas, stress that republic needs individuals to pursue their rational self-interest

3. last definition rejects deference w/ egalitarian proposal to widen male political participation

• Elite advocate #1 and #2; not usually #3

The First Emancipation• During revolution, some slaves appealed

for release based on revolution’s ideals• Most of north began to end slavery in

late 1700s (free children when become adults)

• Some southern states relaxed manumission laws, but not SC or GA

• Most African Americans still slaves (89%, 1800), but free blacks increased in number

Racist Theory• To solve conflict w/ revolution’s ideals,

slaveowners began to argue that people of African descent are less than fully human

• “White” and “black” gained definition and transform earlier free / slave division

• Influenced by revolution, whites see themselves as a distinct group

• African Americans forged new identity

Republic for White Men Only• Blacks challenged claims of inferiority,

but whites cling to racist notions• Women and people of color (blacks

and Indians) excluded from political activity

• May be that expanding suffrage for white males linked w/ exclusion—for elite, better to widen participation to some than risk poorer white males allying w/ blacks, etc.

State Constitutions & State Governments• After 1776, drafting state constitutions took

priority over national government structure• Developed documents specifying structure

in special conventions and ratified by electorate

• Fears of tyranny shaped new state structures: restricted governors; strengthened legislatures

• Lowered property qualification for voting; reapportioned districts; enumerated rights

Articles of Confederation (Ratified, 1781)• At state level, early governments weak, but

revised (1780s) to strengthen governor and incorporate checks and balances

• At national level, similar process• Articles reflected how Continental Congress

evolved as national government by default• A unicameral legislature; each state had one

vote, 9 vote ‘supermajority’ required for most important laws, and unanimity among states required for amendments

Articles of Confederation • Articles govt. had the powers to:

–wage war, send diplomats to other nations, make treaties, borrow money.

• Articles govt. lacked the powers to:– regulate commerce, impose taxes,

enforce its own laws (no executive branch).

Articles of ConfederationSuccesses under the Articles:• Winning the Revolutionary War• Land Ordinance of 1785: Congress

established a policy of setting aside land in western territories for education.

• Northwest Ordinance of 1787: Set rules for creating new states in Great Lakes region. Granted limited self-govt. to developing territories and prohibited slavery in the region.

Northwest Territory

Trials of Confederation• Lacking taxation powers, Congress

incurred debt and its currency depreciated• European powers had no respect for new

nation, and US lacked ability to gain respect by paying debts, for example.

• To guard their sovereignty, states blocked enforcement of uniform commercial policy and foreign treaties (prewar debts, loyalists)– Result: Europeans discriminated against US

exports, and English kept troops on frontier

From Crisis to the Constitution• Americans who were active in finance, foreign

trade, and foreign affairs see problems w/ Articles

• Revolution shifted trade to West Indies (limited by British) and stimulated domestic manufacturing

• Reformers at Annapolis (1786) called for special meeting in 1787 at Philadelphia

• Shay’s Rebellion (1786–7) scared elite; Shay linked uprising by poor farmers w/ Revolution

•The Constitutional Convention was a large meeting held in Philadelphia, Pennsylvania at Independence Hall from May of 1787 to Sept. to 1787 where 55 delegates representing their states.•They came to revise, change or throw out the A-O-C and write a new Constitution.

http://emily.gallery.whitelands.com/photos/travel/philly/photo218

“Framers”

Representatives who wrote the Constitution

•President of the Convention George Washington

•Father of the Constitution James Madison

•Father Figure Ben Franklin

Constitutional Convention (1787)• Madison was a central figure, very prepared

for meeting, and Virginia Plan embodied his ideas

• Strengthened US government; prevented tyranny w/ checks and balances, and large republic

• VA Plan upset small states because new government was so strong and large states favored

• NJ Plan called for revising Articles differently.

Virginia Plan proposed by the larger states

• Establish a national government with 3 branches.

• Establish a bicameral Congress.– People elect 1 house– That house elects 2nd

house• Representation in both

houses based on state population

New Jersey plan proposed by small states

• Establish a unicameral Congress– Each state to have 1 vote– Equal representation

• States equally represented similar to the Articles of Confederation

Issues of representative government would be argued at Constitutional Convention

Constitutional Convention• Compromise between two plans• 2-house legislature: House directly

elected and w/ proportional representation; Senate elected by state legislatures—2 per state

• Slavery linked to new government: 3/5ths clause affects representation in House and Constitution protects slavery

Constitutional Convention• Enumerate new powers for US Government

(tax, commerce) and Supremacy Clause• Charge president w/ foreign affairs, C-in-C• Delegates do not want the “people” to elect

directly either president or senators• Separation of powers within US

Government and between USG and states prevents tyranny

THE CONSTITUTION: A LESSON IN COMPROMISE

• Whenever people must decide important issues- especially if they are in large groups and have diverse interests-compromise must be reached if agreement is to occur. Need for compromise was clear in the case of the Constitution with delegates from all across the nation bringing with them different needs and beliefs.


ISSUE 1: POWER FOR THE NATIONAL GOVERNMENT

The amount of power for the national government was a point of contention at the convention. Many feared a national government as a threat to liberty, but most wanted a more powerful government than had existed under the Articles.


THE COMPROMISEFederalism: Some powers under the

Constitution were given to the national government, while some were reserved for the states, and others were shared. Power shared is power limited.

THE CONSTITUTION: A LESSON IN COMPROMISEISSUE 2: REPRESENTATION OF THE STATES

IN THE LEGISLATURELarge states wanted representation based on population- because this would give them more representatives and would allow them to control votes in the legislature. Small states wanted representation to be the same for all states- which would help them defend themselves against the big states in the Congress.


THE COMPROMISEThe Great Compromise: Congress was made bicameral (having two houses) by the convention, and in one house (the House of Representatives) representation was based on population, while in the other (the Senate) each state had two representatives.

THE CONSTITUTION: A LESSON IN COMPROMISEISSUE 3: SLAVERY

Some Northern states were moving in the direction of abolition by 1787 since they did not need slavery economically. Southern states still very dependent upon the institution. The South was less populated than the North, and Southerners wanted to count slaves in their population when determining the representation. Northerners objected to this.


THE COMPROMISEThe Three-Fifths Compromise: Under this

agreement, 3/5 of the slaves would count for determining representation. Also, as a part of the general compromise on the slavery issue, Congress could not forbid importation of slaves until 1808, but after that the slave trade could be ended.

THE CONSTITUTION: A LESSON IN COMPROMISEISSUE 4: DEMOCRACY

Democracy was not yet a positive term in America in 1787. Many considered democracy to mean “mob rule.” There was growing sentiment, however, especially in the South, that the common man should have a powerful voice in government.


THE COMPROMISEThe creation of a Constitutional Republic: Under the Constitution (as written in 1787), the people elected their Representatives to the House directly, but elected their Senators and President indirectly. All of these individuals, however, no matter how elected, could not enforce the will of the people if it violated the Constitution. The Constitution was established as a mechanism to defend minorities against the majority.

THE CONSTITUTION: IMPORTANT ASPECTS

EXPRESSED POWERSThe national government has definite powers and these are listed in the Constitution. The Framers intended this to be a double-edged sword: the government was to have those powers listed, but not powers not listed. This structure provides the national government with both strength and limitation.

CONSENT OF THE GOVERNEDVarious mechanisms were set up in the

Constitution which gave the people of America a voice in their government. – Direct vote (House of Representatives),

Indirect vote (Senators and the President), Ratification of the Constitution was done with the influence of the people.

Through these the Constitution became a document that was derived from the people, not the states.


Through elections citizens choose who will represent them in national,

state, and local governments.

FEDERALISMFederalism is a system of sharing powers

between national and state governments. Some powers are held exclusively by the national government, some exclusively by the state governments, and some powers are shared. This provides both national and state governments with some source of strength, and also limits each.


CHECKS AND BALANCESThe national government has three

branches, and each branch has listed powers. Among those powers are some that can be used as a restraint on the other branches. Again, both power and limitation results.


Articles of Confederation Constitution

Levying taxes Congress could request states to pay taxes

Congress has right to levy taxes on individuals

Federal courts No system of federal courts Court system created to deal with issues between citizens, states

Regulation of trade

No provision to regulate interstate trade

Congress has right to regulate trade between states

Executive No executive with power. President of U.S. merely presided over Congress

Executive branch headed by President who chooses Cabinet and has checks on power of judiciary and legislature

Amending document 13/13 needed to amend Articles

2/3 of both houses of Congress plus 3/4 of state legislatures or national convention

Representation of states

Each state received 1 vote regardless of size

Upper house (Senate) with 2 votes; lower house (House of Representatives) based on population

Articles v. Constitution

Articles of Confederation Constitution

Raising an army

Congress could not draft troops, dependent on states to contribute forces

Congress can raise an army to deal with military situations

Interstate commerce No control of trade between states Interstate commerce controlled by

Congress

Disputes between states

Complicated system of arbitration Federal court system to handle disputes

Sovereignty Sovereignty resides in states Constitution the supreme law of the land

Passing laws 9/13 needed to approve legislation 50%+1 of both houses plus signature

of President

Articles v. Constitution

Opposition and Ratification (1788)• Ratification required state conventions to

attain legitimacy for Constitution and bypass state legislatures (We the People)

• Extensive, heated debate; because many could not vote, public protest part of debate

• Federalists asserted new structure would ensure republic w/ virtuous leaders of “better sort”

• Antifederalists stressed Real Whig fears of centralized power; advocated strong states

•Blue: Federalist

•Tan: Anti-Federalist

•Yellow: Evenly divided

•Green: Not involved in ratification

Federalist:

Alexander Hamilton

Anti-Federalist:

Patrick Henry

The Federalist Papers

BILL OF RIGHTS: ANOTHER COMPROMISE• Many people and state ratifying

conventions feared the power that was given to the new government. They were also afraid that it would attract even more power to itself as time passed unless specific limitations were imposed. Some states ratified under the condition that a list of rights would be added to the Constitution after the new government was formed.

BILL OF RIGHTS: ANOTHER COMPROMISESome Federalists oppose B. of R. Hamilton

and Madison both. Reasons:1.The Constitution contained protections for

key rights: habeas corpus, bills of attainder, ex post facto, etc.

2.Because the states would have more contact with people, it was more important for them to safeguard rights in their constitutions. States would be able to make laws about many things; the national government about only a few.

3.The main reasons for past bills of rights was to protect people from a king.

BILL OF RIGHTS: ANOTHER COMPROMISE

4. Structure will limit govt. and protect rights.

5. There was little reason to limit the powers of government if it did not have powers. Expressed powers concept.

6. Listing rights may be dangerous. If rights are listed, the people and the government may assume that anything not listed is not a right of the people.

BILL OF RIGHTS: ANOTHER COMPROMISEPolitics of ratification demanded the addition of the

B. of R. Key states such as Virginia and Massachusetts would not ratify without a promise of the addition of such safeguards of liberty.

James Madison drafted twelve amendments that were to be the Bill of Rights. Ten of these were adopted by 1791. These 10 are what we now know as the Bill of Rights.[1]

[1] One of the original 12 was recently ratified and added to the Constitution. This amendment, which became part of the Constitution due to Michigan’s 1992 ratification, limits the ability of members of Congress to raise their pay during their terms of office.

It is the responsibility of government to protect the individual rights of its citizens.

Articles of Confederation and Constitution

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