Chapter 9 - The Confederation and the

Constitution 1776-1790

AP US - HamerUnit 3 - Revolutionary Era

October 11-12, 2010

Peace of Paris, 1783

• America made peace with England first because they were afraid that France would betray their western interests to Spain

• America got all land to the Mississippi (Spain still had Florida)

• Why was England so nice? – Wanted America to be more loyal to England

than France

After the Treaty of Paris, 1783After the Treaty of Paris, 1783

Equality vs. Reality • Could not sacrifice new country to battle over

these details– Slavery– Women

• So:– Civic Virtue: Democracy depended on the unselfish

commitment of each citizen to the public good– Republican Motherhood: Women were the keepers

of the nation’s conscience – they trained the new leaders

State Constitution Making• Based on theory of republicanism: sovereignty

of state would rest on authority of the people• Documents were supposed to represent a

fundamental law that was greater than the changing whims of legislation– Most contained bills of rights– Annual election of legislators– Weak executives and judicial branches (because of

problems with England)– Legislatures were given sweeping powers (led to

problems)

Occupational Composition of Several Occupational Composition of Several State Assemblies in the 1780sState Assemblies in the 1780s

Economic Issues• Upheaval after revolution

– Inflation– Profiteering– Many worse off than before

• Economic Democratization– Breaking up of large British estates and selling off– Created a disrespect for private property and the law

• Changes in trading and production– Because of non-importation acts, manufacturing was

forced to increase– Could no longer trade with England – Traded with new areas like China and Baltic

Wholesale Wholesale Price Index: Price Index: 1770-17891770-1789

Shaky Start

• Little unity– Had been united against England but now that was gone

– Very liberal since the conservative section left (Loyalists)

• Economic Issues– Depression hit by 1786

– British manufacturers were flooding the American markets with cheap goods

• Still hopeful– States had similar governments

– Country had “rich political inheritance”– Great leaders were still around

Articles of

Confederatio

n Governmen

t 1781

-1789

Creating the Confederation

• During the war, the 2nd Continental Congress (ambassadors from the 13 states who managed the war effort) had a committee draft a new constitution– The Articles of Confederation were adopted by

Congress in 1777 and shown to the French for proof of government

• Final states did not adopt until 1781

• States with western lands gave it to the federal government to turn into new republican states

State Claims to Western LandsState Claims to Western Lands

The Articles of Confederation• Confederation = Alliance• Tons of problems

– No executive or judicial branches

– One state, one vote• 2/3 vote for a law; unanimous vote for amendments

– Shackled and weak Congress• No power to regulate commerce

• States’ had own navigation and tariff laws

• No power to enforce taxation of states

• No power to raise an army

• Representatives were frequently absent

• Still a landmark government for the times and a necessary stepping stone on the way to the Constitution

Indian Land Cessions:Indian Land Cessions:1768-17991768-1799

Land Ordinance of 1785Land Ordinance of 1785

• Acreage in the Old NW should be sold and the money should pay off national debt– To be surveyed before

sale and settlement to settle in an orderly fashion

– Townships would be 6 miles square each. Each would have 36 squares (1 sq mile each)

•#16 would be sold to benefit public schools•COMPLETELY changed America•Contrasted with settlement south of the Ohio R. which was erratic, uncertain, and often fraudulent

Northwest Ordinance of 1787

• One of the major accomplishments of the Confederation Congress!– Created a country, not an empire

•Statehood achieved in three stages:–Congress appointed 3 judges & a governor to govern the territory.–When population reached 5,000 adult male landowners elect territorial legislature.–When population reached 60,000 elect delegates to a state constitutional convention.

The The United United

States in States in 17871787

A New Country’s Problems with

the World

Problems with England• America couldn’t export to England and West Indies

– Many Americans managed to still smuggle with the West Indies

• Many of the debts to Loyalists hadn’t been paid• Northern Frontier

– England kept Indians on their side so America wouldn’t invade Canada

– England continued to trade with Indians on US Soil through British trading posts on the frontier

– England schemed with disgruntled Americans in Vermont to annex the region

• The Allen Brothers

American Exports, To & From American Exports, To & From Britain: 1783-1789Britain: 1783-1789

Problems with Spain, France, and North Africa

• Spain– Controlled mouth of Mississippi and closed it in 1784 to

American commerce (strangling the frontier)– Disputed area north of Florida panhandle

• France– Demanded repayment of war loans– Restricted trade with West Indies

• North Africa• Pirate problems in the Mediterranean with the Dey of Algiers

– British had purchased protection, but America too poor and small to do so

Disputed Disputed Territorial Territorial

ClaimsClaimsBetween Between

Spain & the Spain & the U.S.:U.S.:

1783-17961783-1796

Importance of World Problems

• Between Spain and England and their influence on Native American tribes, America had problems controlling approximately half of its territory

• The problems in the Mediterranean made America seem like a weak player on the world stage

Crises Under the Articles of

Confederation

Problems under the Articles

• National credit abroad was decreasing• Interest on the public debt growing at home• Some states were refusing to pay their share

to the federal government• Some states were starting to print

depreciated paper currency• Some states were setting up tariffs against

other states

Shay’s Rebellion 1786-1787

• Farmers in western Massachusetts were losing their farms to mortgage foreclosures and tax delinquencies– Many were war veterans

• In 1786, Captain Daniel Shays (vet) led them to march on Boston and demanded:– Cheap paper money– Lighter taxes– Suspension of property takeovers

Shay’s Rebellion 1786-1787

• Massachusetts raised money from wealthy citizens to raise a small army against the rebellion.

• Several skirmishes occurred until, at Springfield, 3 Shaysites were killed and one injured– After this the movement collapsed

– Shays was condemned to death under treason but was later pardoned

Shay’s Rebellion

1786-1787

Shay’s Rebellion 1786-1787

• Rebels felt that they were continuing the tradition of fighting against tyranny– Those who had property to protect felt that

republicanism and the Revolution had put too much power into the hands of the people

• Freaked out states – especially because the federal government had no way to intervene for assistance– This was the low point under the AOC

America Wasn’t THAT Bad…

• Half the states did NOT issue worthless paper money– Those that did showed signs of returning to

better monetary practices

• Congress would be allowed control of commerce after an amendment passed

• Prosperity was “emerging from the fog of depression”

Shays’ Rebellion: 1786-1787Shays’ Rebellion: 1786-1787

There could be no stronger evidence of the want of

energy in our governments than these disorders.

-- George Washington-- George Washington

12 representatives from 5 states[NY, NJ, PA, DE, VA]

GOAL address barriers that limited trade and commerce between the states.

Not enough states were represented to make any real progress.

Sent a report to the Congress to call a meeting of all the states to meet in Philadelphia to examine areas broader than just trade and commerce.

Annapolis Convention Annapolis Convention (1786)(1786)

Constitutional Convention 1787

• Leaders were appointed by the state legislatures who were, themselves, voted on by men meeting property requirements– “Double distillation” produced a select group

of propertied men and leaders– Jefferson called them demigods– Even though they were propertied, they

reinforced ideas of republicanism

Constitutional Convention 1787• Met on May 25, 1787 in Philadelphia• GW was selected as chairman• Major players

– Ben Franklin– James Madison: called Father of the Constitution for his

contributions– Alexander Hamilton: advocate of a strong central government

• NOT there:– Thomas Jefferson, John Adams, Thomas Paine (all in Europe)– Sam Adams and John Hancock (not chosen by Mass)– Patrick Henry was elected by VA but said no– Possibly good because those who were there were interested in

compromise and fixing the problem– Also not there: poor people

Constitutional Convention 1787

• Fear had a seat at the convention as well– Wanted republicanism without a “mobocracy”

• Washington said “we have, probably, had too good an opinion of human nature in forming our confederation”

– Wanted to strengthen America’s presence abroad to prevent against problems like with the Dey of Algiers and commerce with England

• The decision upon arrival was to throw out the old AOC and replace it with a new Constitution

Compromises at the

Constitutional Convention

Big States vs. Little States• Large State Plan of VA

– Bicameral Congress– Membership in both houses based on population

• Small State Plan of NJ– Unicameral Congress– One state, one vote

• Solved by The Great Compromise– Bicameral Congress– Population membership in the House of Representatives

• Tax bills could only begin in the House • Helped big states that would have to shoulder the tax burden

– Two senators per state in the Senate

Executive Leadership• Inspired by popularly elected strong governor of

Massachusetts

• Strong Independent executive as presidency– Military commander in chief– Power of appointment over domestic offices– Power of veto over legislation

• Indirectly elected by Electoral College– Took direct democracy away from the people– “Leaving the choice to the people was like asking a

blind person to choose colors” said one VA delegate

Judicial Branch

• Federal courts capped by the leader of the Supreme Court

• President appointed Justices– Approved by Senate

3/5 Compromise• Should the southern slaves count as part of the

population for representation?– South said yes, North said no

• The Three-Fifths Compromise said that 3/5 of the slaves would be counted for population AND taxation.– The south had originally wanted them to count for

population but not pay taxes on them

• Many states (except GA and SC) wanted to end the slave trade– Decided that it would continue until the end of 1807

Conventioneers were in more agreement than usually mentioned

• Economically– Sound money and protection of private property

• Politically– Strong government, three branches, checks and balances

• Against direct democracy of the people:– Federal judges appointed for life

– Electoral College

– Senators elected by state legislatures

• Yes democracy of the people:– House of Representatives elected by the people (men with

property/

– Still republican

Ratifying the Constitution

Federalists vs. Anti-federalists

Problem in ratification

• Under AOC would take unanimous approval– RI would never approve

• The Conventioneers said that once 9 of the 13 states approved (the new rule for amendment passage in the Constitution), the Constitution would become the law of the land in those states– Appealing to the votes of the people

Federalism

• Federalism: Balance of power between the states and national government

• New plan for America to create a stronger central government without completely stripping the states of power

Antifederalists• Anti-federalists did not want or trust the new,

larger and more powerful government– Made up of a diverse group– Fears were:

• Only aristocrats had drawn up the Constitution which means that it wasn’t democratic

• Sovereignty of states was being reduced• Freedoms of the individuals weren’t protected• Wanted Congressmen elected once a year (like in AOC)• Upset about the 10 square mile federal capitol to be built• Standing army• No mention of god

The Debate in the States• Each state elected members to their own state

ratifying conventions– Massachusetts became the litmus test

• Originally an anti-federalist majority, but since the vote was between the Constitution and the AOC - which was the lesser of two evils???

• Were assured by federalists that a Bill of Rights would be added by the first Congress

• Passed 187 to 168

• On June 21, 1788 9 states had adopted it and it became law– Not: RI, VA, NY, NC

Federalist vs. Anti-FederalistFederalist vs. Anti-FederalistStrongholds at the End of the WarStrongholds at the End of the War

A Conservative Triumph• A Conservative Counterrevolution to the liberal

Revolution– Necessary in Anatomy of a Revolution

• A second revolution by the minority– Basically had seceded from the Confederation

– Only 1/4 of the adult white males had voted for delegates • Because of property qualifications

• Estimates show that if there had been universal manhood suffrage, than the there would have been much more opposition and possibly defeat

• By expressing that all 3 branches represented the people and were at the same time limited by the other branches, Constitution balanced liberty and order

Historiography

• Revolution or Counterrevolution– Early in 1800’s seen as an extension of the

Revolution– In Early 1900’s seen as a conservative

counterrevolution to protect the propertied elite– 1950’s said that America just realized that it

needed a stronger central government– Wood in 1969 said that the Constitution was

just the fruition of the ideas of republicanism

The“VirtuousRepublic”

The“VirtuousRepublic”

Classical view of

a model republic

Classical view of

a model republic

“City on a hill”

[John W

inthrop]

“City on a hill”

[John W

inthrop]Ideal citizen

[Cincinnatus]

Ideal citizen

[Cincinnatus]

1. Govt. gets its authority from the citizens.

2. A selfless, educated citizenry.

3. Elections should be frequent.

4. Govt. should guarantee individual rights & freedoms.

5. Govt.’s power should be limited [checks & balances].

6. The need for a written Constitution.

7. “E Pluribus Unum.” [“Out of many, one”]

8. An important role for women raise good, virtuous citizens.[“Republican Womanhood”].

Enlightenment

Thinking

Enlightenment

Thinking

Article I - Legislative Branch

• Bicameral Legislature– Senate - Upper house

• 2 members per state• VP is Official Pres and tiebreaker• 6 year terms

– House of Representatives - Lower House• Membership based on population (census) now at 435• 2 year terms• Only house that can initiate impeachment or tax bills

– Both houses have to approve bills

Powers Granted or Denied to Congress

• Congress is allowed to pass legislation on the following: – Taxes, borrowing money, commerce, citizenship laws,

bankruptcy laws, coinage of money, counterfeiting, post offices, patents, federal courts, international laws, to declare war, regulation and maintenance of the armed forces and militia, to run the District of Columbia, and laws to carry out any of these other laws

• Congress is NOT allowed to pass legislation on the following:– The writ of habeas corpus can not be suspended unless in cases

of rebellion or invasion when public safety demands it, no ex post facto law, no bills of attainder, export taxes, no favorites among the states, public money can only be withdrawn from the treasury by law, no titles of nobility can be granted

Article II - Executive Branch

• The President is commander in chief of the armed forces. The President can also: make treaties (with 2/3 approval of the Senate), appoint ambassadors and other public ministers, and appoint judges of the Supreme Court. The President can also veto laws that are presented to him by Congress.

• The President is required to inform Congress of the state of the Union on a regular basis.

• Term of 4 years, can only be elected twice• The VP will take the President’s place if the

President can no longer serve his/her term

Article III - Judicial Branch• The Supreme Court of the United States holds the judicial

power for the country. Congress can make other courts if necessary (but these inferior courts still answer to the Supreme Court). Federal judges are appointed for life and they are appointed by the President and approved by the Senate.

• The Supreme Court has original jurisdiction over trials with ambassadors, public officials, or states. Lower courts begin other trials, but they can move to the Supreme Court through appeals.

• The Supreme Court can check the powers of the Legislative Branch by deeming a law “unconstitutional”.

Article V - Amendments

• Article 5 describes how the Constitution can be amended.

• Amendment: a change, in this case, to the Constitution

• Either 2/3 of both houses of Congress or 2/3 of the states can propose amendments to the Constitution. An amendment is ratified when 3/4 of the states approve it. We now have 27 amendments to the Constitution.