The Critical Period: 1781-1787

Articles of Confederation Unicameral Legislature No executive No national judicial system Equal vote per state (yes, lower case) No army, no tax (only requests) No regulate commerce tariff wars Passage of laws requires 9/13 Amendment requires 13/13 GW: “"little more than the shadow without the substance."

Effects Massive foreign debt and rampant inflation Weak, undermanned, underarmed Continental Army reliant on undisciplined, unreliable, ineffective state militia Unable to enforce Treaty of Paris in West Washington + others (nationalists, esp. Cont’l Army officers): convinced need stronger central power to corral provincial concerns Shays’ Rebellion 1786: no taxation w/o representation However: did successfully fight AR; reduced domestic debt (but increased international); kept Union together; Jay-Gardoqui Treaty gave Miss.R to Spain but opened Spanish colonies for trade (good for NE, bad S and W)

Compromises with Death: The US Constitution

What evidence is there for the assertion that the basic principles of the Constitution were firmly grounded in the political and religious experience of America’s colonial and revolutionary periods? Between 1783 and 1800, the new government of the United States faced the same political, economic , and constitutional issues that troubled the British government’s relations with the colonies prior to the Revolution. Assess the validity of this generalization.

“A Bundle of Compromises” A. Plans Structure Representation New Powers VA Plan (Large States) 3 Branches, Bicameral Pop. or $ paid to gov. Extensive NJ Plan (Small States) Unicameral Equal rep. Limited tax and regulation Conn. Comp. H: Population S: Equal Extensive: esp. tax, regulate commerce, raise army

B. 6 Basic Principles 1. Popular sovereignty: power from the people 2. Limited government: Constitution highest law of the land (establishes regime: basic rules) 3. Separation of powers: divide power w/in Federal government (not absolute) Legislative: Congress Executive: President Judicial: Supreme Court 4. Checks and balances: contain tyranny 5. Judicial review: enforcement of Constitution 6. Federalism: divide power State and Federal

C. Preamble of the Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

D. Structure Art 1: Legislature Art 2: Executive Art 3: Judiciary Section 8: powers granted (1-8-18: Necessary and Proper); Section 9: powers denied; Section 10: powers denied to the States Art 2: Executive Commander-in-chief Art 3: Judiciary Supreme Court and jurisdiction Art 4: Relations with the States Guarantee “republican government”; full faith and credit and privileges and immunities national citizenship Art 5: Amendment process Art 6: Debts, Supremacy Clause, no religious test Art 7: Ratification (9/13)

II. Compromises with Death William Lloyd Garrison + radical abolitionists Ironically also pro-slavery John C. Calhoun Necessity: no slavery, no Constitution

A. 3/5 Compromise South: count slaves for representation North: they can’t vote, so they shouldn’t count Compromise: count slaves as 3/5 for population, but also for taxes (they have to pay for it) Effect: South dominates House for years, impact on Electoral College southerners dominate Presidency

1-2-3: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for Term of Years and excluding Indians not taxed, three fifths of all other Persons.”

B. Commerce Clause North: central government must regulate interstate trade (major problem AofC) South: cannot regulate importation of slaves until 1808 1-9-1: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.”

C. Runaway Slaves South: must be able to reclaim runaways North: don’t want to be morally implicated in returning slaves Stowe, Uncle Tom’s Cabin South (esp. S. Carolina threatens secession if not included) 3-2-3: “No Person held to Service in Labor in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from Service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due.”

D. Senate and Electoral College Jefferson: “Negro President” only wins 1800 election because of disproportionate numbers as a result of 3/5 Other hand: why not 5/5? Women, Indians, non-citizen immigrants in N (growing #) couldn’t vote either; South lost voting power Misses deeper point: Federalism a compromise required by threats from smaller States Electoral College and Senate encourage limiting suffrage and maintaining slavery All the power, none of the responsibility