The Confederation and the Constitution 1776-1790

Constitution Making 1776 - Continental Congress called upon the colonies to draft new constitutions.

Constitution Making British Constitution Non-written Materialized from an accumulation of laws, customs and precedents. American Constitutions Written contracts Defined the powers of government in a similar manner to their old colonial charters Drew their power from the people rather than the King

Constitution Making Commonalities in new state constitutions Most included a bill of rights guaranteeing and protecting liberties. Most required annual election of legislatures. Reflected a deep distrust of executive and judicial power, with the legislative branch holding the most power.

The Articles of Confederation 1776 – Shortly before declaring independence, the Continental Congress had appointed a committee to draft a written constitution for the new nation. 1777 – The Congress adopted the Articles of Confederation. 1781 – The last of the thirteen states (Maryland) finally ratified the Articles.

The Articles of Confederation Premise of the Articles Joined states in a “firm league of friendship” Congress was to be the center of the government They did not provide for an executive branch. Each state got a single vote in the Congress Capital = Philadelphia

The Articles of Confederation Issues with the Articles Support of nine of the thirteen states was needed to pass bills dealing with important matters. Amendment of the Articles required unanimous ratification State jealousies and distrust made them stubborn when it came to yielding control over taxes or trade.

The Articles of Confederation Issues with the Articles continued… Two biggest issues with the Articles: Lacked power to regulate commerce Lacked power to enforce tax collection

The Articles of Confederation The Northwest Ordinance Under the Articles, states had agreed to relinquish their land claims in the Old Northwest. Land Ordinance of 1785 Land of the Old Northwest should be sold to pay down national war debt Surveyors divided land into units called townships in a manner that provided for orderly settlement.

Land Ordinance 1785

The Articles of Confederation The Northwest Ordinance Northwest Ordinance of 1787 dealt with governing of the Old Northwest In the territorial stage, territories would be subordinate to the federal government. Once they reached 60,000 residents, they could apply for statehood. Slavery was outlawed in the Northwest territory (excepting slaves already living there).

Shay’s Rebellion Uprising in western Massachusetts in 1786 of poor backcountry farmers led by Capt. Daniel Shays. Many were veterans of the Revolution facing losing their farms. Demanded states come to their aid by issuing paper money, lowering taxes, and suspending property takeovers. Though the rebellion was crushed, those with money and property began to fear the forces of unrestrained democracy or “moborcracy”

Troubles with Commerce Interstate quarrels over commerce were getting out of hand by 1786 1786 – Virginia called for a convention at Annapolis, MD. to discuss issues. Only five states sent delegations to the convention at Annapolis Hamilton proposed a meeting for the following year in Philadelphia to revise the Articles of Confederation.

The Constitutional Convention Twelve of the thirteen states sent delegates (55 men total) to meet in Philadelphia in May, 1787. Notable attendees: Washington, Madison, Franklin, Hamilton Aimed to preserve the union, prevent the onset of anarchy

The Constitutional Convention Though instructed by Congress to revise the Articles, the delegates elected to scrap them. The end product (i.e. The Constitution) was short. It was designed to provide a flexible guide to broad rules of procedure rather than a fixed set of detailed laws.

Ratifying the Constitution September 1787 – Constitution is signed by remaining delegates. Art VII stipulated that once nine of the thirteen states had ratified the constitution (via specially elected conventions) it could go into effect.

Ratifying the Constitution Antifederalists Opposed stronger federal government. Leaders – Sam Adams, Patrick Henry, Richard Henry Lee Federalists Supported stronger federal government Leaders – George Washington, Ben Franklin, Alexander Hamilton

Ratifying the Constitution The Race to Ratify 1787: Delaware, Pennsylvania, New Jersey 1788: Georgia, Connecticut, Massachusetts, Maryland, South Carolina, #9 – New Hampshire, Virginia, New York 1789: North Carolina 1790: Rhode Island * Though the Constitution could legally go into effect when New Hampshire voted to ratify it, it would not be effective if Virginia and NY did not.

Ratifying the Constitution The Federalist Series of essays published in NY papers defending and explaining the Constitution. Alexander Hamilton, James Madison, and John Jay were the authors. Their efforts helped sway NY to ratify the Constitution by a 30-27 vote.

Jay, Hamilton, Madison