“This Critical Period”

Political Revolution• How to run a nation?

– Familiar model• British model – sought balance

– Monarchy, aristocracy, & Common people

– Americans have none of the above» How do we promote sovereignty?

– Americans adopted what they knew – » contract theory, separation of powers,

natural rights of man• Republican style of gov –

revolutionary– American were on cutting edge– Promoting classical (Greek, Roman)

republicanism » Rule of the people» Society placed as the heart of the gov» Trust placed in people to participate (public

virtue)

Political Revolution• The Beginning 1781

– No infrastructure• All loyalists were kicked out (Most public

officials)• States devised their own constitutions

– Differing interpretations of gov– Increased changing of how gov operated

• Most sought limits of gov– State legislatures stronger than governor– Limit the power of single officials

• Safeguard individual rights of – – Speech; trial by jury; freedom of self-incrimination

• Spirit of equality• Participation in the war in sensed people to

equality– Loss of infrastructure lead to increased

opportunities in gov– Harder to deny people the opportunities to

participate

Articles of Confederation• Continental Congress’s creation 1776 - 1777

• Meant to be temporary; provide power/authority; no legality – Delegates Fearful of abuse;

» Solution: create a weak government– 1777 Congress approved the Articles of Confederation

• Outline of AoC:– National government had no control over people in the

states» State laws were supreme to national law

– National gov’t no power to levy taxes» States asked for contributions

– Power of collective plural executive– 9 of 13 states needed for ratification of any action by

congress• The Central Government; given some power

– Declare War; Conduct Foreign Affairs, Coin Money, Postal System, Army of State Militia

Article of Confederation• Had few success

• Western lands – source of profit– Lands point of dispute between states –

overlapping claims– Land ceded – AoC converted into states

» Western ceded lands – can be states (Land ordinance of 1785)

» Congress created surveys of land – created expansion

– Northwest ordinance of 1787 further opens lands for development

» Colonial stage – Follow colonial rule from congress

» Territories with 5,000 adults – self gov.» Governor be provided to further

statehood– New territories were to be ultimately states –

not colonies (breaks with European tradition)– Indians continuously removed from land due

to land ordinances

Articles of Confederation• Problems with AoC

– Protecting & promoting American goods– Britain excluded American goods in British markets– America retaliated by placing tariffs on British goods

• States are inconsistent in protecting/buying American goods

• No power to tax – U.S. had 40 million in debt• State trade wars

– Massachusetts banned English goods; give new business a chance to establish

– Neighboring colonies imported goods and shipped them to Mass. (No gov’t to monitor the commerce)

– Mass. Retaliated by banning importation of good from other states

– Farmers hit hard• Huge profits during revolution

– Squeezed by depressing crop prices– Limited markets

• Banks & merchants demanded hard money (stabilize the market = increase prices)

Articles of Confederation• Problems with AoC

• States printed own money– Printing press’s printed money to pay off debt

(huge sums)» Created inflation

• 1786 Shay’s Rebellion– High levied land taxes and polls on farmers

» Taxes used to pay off debt of revolution– Debt of farmers held by well to do elite

» Bank owners– 1786 Mass. Congress convened giving no

relief to farmers» Farmers/laborers/merchants attack

Boston Mass Arsenal. – Captain Daniel Shay

» Shay met by Boston militia» On volley round scattered Shay’s men;

left 4 dead– Shay’s rebellion lead Mass congress to

reduced agricultural crisis• Shay’s rebellion convinced many political

leaders that government was not working

New Plans of Government• Feb. 1787 Framing Constitution

• Delegates sent to revise the articles of confederation• Virginia Plan proposed by Virginia Gov. Randolph

– Representation based on population (size)– Three branches of government– Bi-cameral legislature

» All power to make states obey and follow the government

– President, National Court System, & Supremacy over states

• Smaller states feared the plan – large states too much control

• New Jersey Plan• Simple revision of AoC; keep basic principles (one state –

one vote)– Retain unicameral congress (all states represented)– Limited Congressional powers

» Only add – powers to tax & regulate trade– Executive branch with several executives– Main division – how representation in congress

would be handled

New Plans of Government• Connecticut Compromise (Roger Sherman)

– Government is about compromise (largest compromise)

– *Keep all the Virginia plan has to offer» Give concessions on basing representation in the

House of Reps on population (Lower house of Legislature)

» Senate (Upper house) equal 2 senate basis» President chosen by electoral college

– The Compromise passed Congress by a narrow margin• Ratification of Constitution

– Special ratification conventions were held to pass constitution

» General public never voted on the Constitution– Many state legislatures ratified the constitution– Considered a social contract (John Locke)

» People give up freedoms to protect the common good (Tragedy of the Commons)

– According to the theory – government derives power from the people; people define the powers of government

Constitution• Contract of ruling elites?

• Shay’s rebellion – mass’s rise up against the elite

• Constitution is a fulfillment of elites taking control

– State legislatures ratified the Constitution; not the common people

– Constitution framed by politicians asserting power

» Motives of the framers hard to ascertain» Constitution is political compromise

(Connecticut Compromise)– The constitution is not just a holy document;

but it isn’t a hedonistic doc. Either» Constitution & framers must be examined

as is: » A document that traded, compromised,

and bargained to make a functional government

» Created out of necessity; less idealistic creation

• Many historians argue that popular vote would have stopped the ratification of constitution

Legacy of Constitution• What are the legacies?

• Representative Democracy– Citizens vote for individuals –

represent interests

• Created federalism – power shared among Nation, State, Local

• Separation of powers - powers divided between branches of government

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