The Confederation & The Constitution America is built on COMPROMISES 1776 - 1790

Your Mission It’s 1776. You have declared your independence from Britain. Now what? What challenges do you face as you begin nation-building? Get into groups of four and brainstorm: Most immediate challenge Most potentially damaging challenge Most difficult challenge to resolve

Chapter Overview Revolution was not a radical transformation, but did produce political innovations and social change towards greater equality and democracy. Compromise was an essential element for a federal government, along with the abandonment of the Articles of Confederation. The federal Constitution provided a strong framework for national identify and protection against disorder.

Victory! But can we survive without Mom? New responsibility of creating and operating a central government. This new type did not exist. Natural rights/equality taught by political leaders. Allegiance for a common cause was now gone. New American industry in competition with English goods. States each coined their own money, raised armies, and erected tariff barriers. Some States began to levy duties on other state’s goods States quarreled over boundaries Congress – some control over foreign affairs and army

Our Strengths All 13 states had similar constitutions. Unity of a rich political heritage. Brilliant political leaders: Washington, Madison, Adams, Jefferson, Hamilton.

Move Towards Equality Exodus of Loyalists create a weakness in conservatives. Removal of many aristocrats Modified laws and customs for more equal treatment. Most states reduced property-holding requirements to vote. Religious freedom Expanded freedoms for women (education, civic virtue, and, republican motherhood) Challenged Slavery – why not removed? Sacrificed for unity Opportunities for all (esp. land) helps keep violence at bay. 1775 – Philly Quakers found the first antislavery society A fight over slavery would have fractured the fragile national unity

Judith Sargent (Murray) 1779 “On the Equality of the Sexes”: women were just as smart, but untrained so appear dumber argued for equal capacity for memory; women superior in imagination, men in judgment (but only due to edu) brother learned classics; she was jealous First husband (John Stevens) died in West Indies fleeing debtors’ prison; married John Murray, universalist minister Wrote under pseudonym (male and female) Letter collection = best source for women’s history of the period MA - 1790s gave girls equal right to schooling 1850 - literacy rates in northeast nearly equal - seeds of women’s suffrage movement

How’s the Economy? Non-importation agreements helped give manufacturing a boost. Later the war itself Trade with Britain was restricted due to the same mercantilist laws Could freely trade with other nations DEBT from the war States had borrowed more than they could ever repay Inflation was out of control States took former crown lands and Loyalist holdings and cut them up into small farms – quickly spreading economic democracy. Political democracy took longer to develop, but if people could have access to cheap land, they could eat and weren’t tempted to become violent. Even with this – the average citizen was probably worse off than before the war.

State Constitutions The Second Continental Congress in 1776 called upon all colonies to draft new constitutions, making them states. Several common features of these DWAARFs: Defined the powers of the government Weak executive and judicial branches Authority from the people Annual election of legislators Rights included (Bill of Rights) Fundamental law Massachusetts was most noteworthy. It took the longest (1780), but acted as a “beta” US Constitution. Set up with Articles and starting with “We the People”. Also, the people ratified it directly, not a legislator. Similarities made it easier to push for a federal charter when the time was ready, an important step. Defined – was an element of their old colonial charters Weak – distrust of arbitrary judges and a position with kingly power. Did not think about the fact that 173 people can be just as oppressive as one. Authority – not from the royal seal of a distant king Annual – forced them to stay in touch with the mood of the people Rights – guaranteeing liberties against later laws Fundamental - These constitutions changed from just a list of laws and customs, but rather a specifically written fundamental law – higher than ordinary legislation.

The Creation of Articles of Confederation Drafted and adopted by the Second Continental Congress in 1777. Not ratified by all 13 states until 1781. Fighting was primarily over the west. All states fought for it, so why not split the prize? COMPROMISE Land was given up Areas for the “common benefit” – new republican states 7 states had land holdings beyond the Allegheny Mountains (NY and VA) 6 states had none (MA and PA) Pioneers would purchase this common land from the federal government Anti-colonial

Strengths in the Articles of Confederation The first step towards the present Constitution Clearly outlines central government powers Making treaties Establish the postal service Held the states together until America was ready for the next step in unity.

Weaknesses in the Articles of Confederation America’s “first constitution” Congress only no executive branch and judicial issues were left to the states. Each state had one vote Important votes required 9 states Changes to the Articles required unanimous ratification Three significant handicaps: No power to regulate commerce No power to collect taxes No power to force states or individuals of states (wart.com + no e + no j / sovereignty) Important stepping stone towards the constitution In charge of foreign affairs One Vote – Rhode Island same power as 10 times the number of Virginians. Unanimous – impossible, meant amendments were unworkable Commerce – conflicting tariffs Taxes – ask for contribution States – could not command or control a state

Action of Congress: Land Ordinances Land Ordinance of 1785 Land to be surveyed and sold to pay off national debt. Land Ordinance of 1787 First temporary tutelage Second permanent equality 1. Old NW was different than Ohio Valley ownership and fraud were issues Townships 6 square miles – split into 36 sections of one mile 16th section for public school 2. area would be subordinate to the fed gov’t Once 60,000 inhabitants in the territory, could be admitted by Congress as a state Forbade slavery in NW – exempt slaves already present Concepts eventually carried to all frontier areas. The Old Northwest acquired in the Peace Treaty of Paris

Foreign Relations: No Respect England Would not send an ambassador to America Would not accept imports from U.S. Held trading posts on U.S. soil (Indian alliance & fur trade) Spain Closed the Mississippi river to American commerce in 1784 Claimed Florida other southern areas given to the U.S. in the Peace of Paris. France Demanded repayment of war debt (revolution’s a-brewin’) Restricted trade with West Indies Citizens wanted to retaliate by restricting imports from England, but Congress had no power

U.S. in 1783

Shay’s Rebellion: More Backcountry Strife Massachusetts in 1786 Impoverished backcountry farmers were losing their farms through mortgage foreclosures and tax delinquencies. Demanded the state issue paper money, lighten taxes, and suspend property takeovers Put down by a MA army – three were killed Veterans of the Revolutionary War Shay condemned to death, then pardoned

Impetus for Change Fears of “Democratic Despotism” Self-interest and greed instead of civic virtue ruling Conservatives and the wealthy wanted to create more power over the mob. Interstate fighting over commerce had become serious. Remember: Aristotle thought democracy was a corruption, not an ideal

The Constitutional Convention Met to revise the Articles of Confederation 55 emissaries for 12 states met in Philadelphia on May 25, 1787. Washington, Franklin, Madison, Hamilton Not present? Jefferson, Samuel and John Adams, Hancock, Patrick Henry Met in complete secrecy Took 17 weeks Not all members signed the Constitution Rhode Island not there Lawyers, merchants – none from the poorer debtors group Average age of 42 19 owned slaves

Areas of Agreement Economically Politically Fear of mob rule Reliable money Protection of private property Politically Stronger government Checks and balances – three branches Fear of mob rule Federal judges for life Indirect voting Most important 2 principles: Consent of the governed Powers of government should be limited

Constitutional Compromises Large State vs. Small State plans “The Great Compromise” House of Representatives and the Senate Electoral College Presidential elections by indirect means Three-fifths compromise Slaves counted as 3/5 a person End to slave trade Allowed to continue until 1807 Assumption of state debt Centrally located capital Tax and revenue bills must originate in the house. 3/5 compromise much worse than it sounds - not just 3/5ths of a person; 3/5 of your power goes to your slaver

Issues Debated Should the United States adopt the new Constitution to replace the Articles of Confederation? Need for change. Does the government of the Articles need to be replaced? Can a republic govern a large territory and a diverse population? Will the new constitutional government create an aristocratic power in the presidency? Does the proposed Constitution protect the people’s liberty?

Federalists vs. Anti Federalists Leaders Washington, Hamilton, Madison, Jay, and Marshall Patrick Henry, Samuel Adams, Richard Henry Lee, George Mason, and George Clinton Social, regional, and economic strongholds Commercial, seacoast, urban, and upper-class groups Controlled the press Non-commercial, western, agrarian, and state-oriented interests Ideas argued Drawn up by rich aristocracy – antidemocratic No bill of rights to protect individual liberties Elimination of annual elections for congressional representatives Creating a federal strong-hold (10 mile square) Omission of any reference to God Process of ratifying with only 2/3 of the states

Ratification Four small states quickly sign PA was the first large state to sign VA, NY, NC, and RI hold out VA Patrick Henry rails against the Constitution, but Washington, Madison, and John Marshall win. NY Hamilton, Jay, and Madison pen The Federalist Papers. NC and RI finally ratified, unwillingly and months later. ¼ of white adult males voted for delegates to the ratifying conventions. Conservatism was victorious

In-Class Quick Write Discuss the United States as it existed under the Articles of Confederation. What were the strengths and weaknesses of the Confederation government and how did the Constitution attempt to correct those flaws?

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