The Confederation and the Constitution 1776-1790

Enlightenment Thinking Classical view of a model republic Govt. gets its authority from the citizens. A selfless, educated citizenry. Elections should be frequent. Govt. should guarantee individual rights & freedoms. Govt.’s power should be limited [checks & balances]. The need for a written Constitution. “E Pluribus Unum.” [“Out of many, one”] An important role for women  raise good, virtuous citizens. [“Republican Womanhood”]. Enlightenment Thinking Classical view of a model republic The “Virtuous Republic” Ideal citizen [Cincinnatus] “City on a hill” [John Winthrop]

Social Revolution? Some did not even know it was happening Mass exodus of conservative loyalists weakened aristocratic upper crust allowing for more patriotic elites to emerge Trade organizations for artisans and laborers; “Mr” and “Mrs” Anglican church emerges as Protestant Episcopalian Separation of Church and State: 1786 Thomas Jefferson’s Virginia Statute for Religious Freedom Philadelphia Quakers estb. antislavery society Why not free slaves now? Political expediency overcame idealism Women? NJ allowed vote but took it back. Instead “republican motherhood”

The Key Concepts of Chapter 9 The Articles of Confederation (AOC) were unable to address the economic and political problems facing the new nation The Constitution was completed only because the delegates to the Constitutional Convention were able to reach a number of major compromises Opposition to ratification of the Constitution came from anti-federalists, who feared a strong central gov’t Promise of a bill of rights was important to ratification of the Constitution

How Do You Create A New Gov’t? Power where? In the states? In central gov’t? Who has the most power? States? Nat’l gov’t? Who has what responsibilities? Warning! We are already fighting a tyrannical gov’t abusing our rights - we have to be so careful as to who has what power. But then, you can’t really function w/out some central gov’t having power…

How Will This New Gov’t Look? Bicameral or unicameral? How will representation be apportioned? Will larger states with larger population have larger representation than smaller states? Will larger states pay more in taxes?

How Will This Work? Some issues will be solved in AOC Some issued will be solved with Constitution…but Some issues will require a civil war to determine the relationship b/w states and federal gov’t

What Is The Biggest Deal of the AOC? Who controls western lands! Jurisdiction should be fed. Gov’t job But boundary lines not delineated; some states both claim same land! Some states claim land to the Pacific! Only when Va and NY compromise by relinquishing their claims was the new gov’t as found in the AOC ratified in March 1781

State Claims to Western Lands

Weaknesses of the Articles of Confederation *not collection of laws, customs as in Britain but consciously constructed contracts A unicameral Congress [9 of 13 votes to pass a law]. 13 out of 13 to amend. Representatives were frequently absent. Could not tax or raise armies. No executive or judicial branches.

State Constitutions Republicanism. Most had strong governors with veto power. Most had bicameral legislatures. Property required for voting. Some had universal white male suffrage. Most had bills of rights. Many had a continuation of state-established religions while others disestablished religion.

Occupational Composition of Several State Assemblies in the 1780s

Serious Economic Concerns Infant manufacturing sector adversely affected by Grt. Britain’s practice of flooding the American market w/ British goods. Infrastructure inadequate for commerce and trade Inflation rampant b/c no uniform currency. Notes often given an arbitrary value by private banks and state gov’ts. Affects business not only w/in a state but b/w states Interstate trade adversely affected by state trade barriers and a vast assortment of currencies Economic depression follows the war and the gov’t can do very little

Wholesale Price Index: 1770-1789

Indian Land Cessions: 1768-1799

Northwest Ordinance of 1785 Townships 6 sq miles would be surveyed then divided into sections equaling one square mile. The sections were to be sold in lots of 640 acres at no less than $1 an acre. Land speculators agreed (they had the cash); the average buyer didn’t have that amount of cash And certainly no credit! The revenue from the sale of one section for each township would be used to develop public education

The United States in 1787 The Northwest Ordinance (Land Ordinance of 1787) NW territory would be divided into 3-5 separate territories Methodical process to statehood Unorganized territories would be overseen by Congress Once population reached 5,000 it could be organized into a territory. Residents then elect members to state legislature and send delegate to Congress once population hit 60,000 a constitution would be written and territory could apply for statehood. 5 states: Ohio, Indiana, Illinois, Michigan, Wisconsin

Foreign Problems & the AOC US was supposed to compensate loyalists - with what? British still maintaining forts in NW Territory Europe didn’t think America was unified - not trade worthy Dispute w/ Spain over borders - navigation rights of Mississipi

Disputed Territorial Claims Between Spain & the U. S.: 1783-1796

American Exports, To & From Britain: 1783-1789

Annapolis Convention (1786) Attempting to fix AOC problems 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.

Shays’ Rebellion: 1786-7 Daniel Shays - former officer sought to shut down the courts as a form of protest and to prevent the continued foreclosure of their farms & collection of taxes Western MA Small farmers angered by crushing debts and taxes.30% - either sell the farm or debtors prison. Want the state to produce more money!

Shays’ Rebellion: 1786-7

Shays’ Rebellion: 1786-7 There could be no stronger evidence of the want of energy in our governments than these disorders. -- George Washington

OBVIOUSLY SOMETHING HAS TO BE FIXED!

Constitutional Convention 55 delegates mid-summer Philadelphia Father of the Constitution - James Madison No Thomas Paine, Patrick Henry, or Sam Adams (fearful of power increase in central gov’t). TJ & John Adams in Europe Why meet? Trade problems? Debt problems? Investments of these wealthy men? Protect private property? Prevent tyranny of majority? Tyranny of minority?

Constitutional Convention Bankers (hard money advocates) vs. debtors (cheap money advocates) Northern (commercial) vs. southern (rural slave) economic interests Economic competition b/w states Conflicts b/w states over western land ownership Large states (representation by population) vs. small states (equal representation) Supporters of a strong central gov’t vs. supporters of individual & states rights Those w/ democratic ideals vs.aristocratic ideals

Constitutional Convention Great Compromise (representation): Va Plan & NJ Plan Commerce Compromise (trade) - South agreed to federal control over foreign and interstate trade; importation of slaves continue for 20 years; fed. Gov’t collect import taxes 3/5th Compromise (slave) 3/5ths of slave pop. counts in representation; fugitive slave law means runaways returned back to master

Powers of Legislative Branch Congress has power of purse - power to set & collect taxes, borrow money, regulate trade, coin money Congress - postal service, patents, copyrights War must be authorized by Congress Congress is responsible for raising & maintaining army/navy

Executive Branch President carries out & enforces laws passed by Congress President can veto congressional bills (Congress can override w/ 2/3rd vote) President makes treaties (Senate accepts/rejects) President is commander in chief of army President appoints fed. judges but Senate must consent

Judicial Branch Congress was to establish a Supreme Court and lower courts The kind of cases that could be heard in federal courts was specified The Supreme Court’s jurisdiction was outlined Treason was defined

Federalist vs. Anti-Federalist Strongholds at the End of the War

Federalists Support mainly from coastal & urban areas and from upper classes - merchants, financiers, shippers, planters though not all upperclass citizens were Federalists Washington, Hamilton, Madison, and Franklin They favored strong central gov’t to maintain peace and stability and to strengthen the Union

Anti-federalists Support from mainly backcountry & agricultural areas, debtors, and people philosophically opposed to a strong central gov’t Patrick Henry, John Hancock, Thomas Jefferson, George Mason Oppose a central gov’t that did not guarantee protection of individual rights

Within weeks after the Constitutional Convention adjourned in September 1787, the articles now called the "Federalist Papers" and the "Anti-Federalist Papers" appeared in New York newspapers. Here was a day-by-day debate over the "most important question that was ever proposed . . . to the decision of any people under heaven." Will the proposed Constitution guarantee or destroy liberty? Where will power reside? Who will have it? Who can give it? Who can get it back when lost?

Dual in the Press New York was key state Federalist Papers By Hamilton, John Jay, and James Madison Beyond the AOC- Underlying premise of their argument: because man is corruptible, he cannot always be trusted to govern himself. Need elaborate constitutional system to prevent rulers from acting arbitrarily and abusive as well as control the passion of the masses Prevent tyranny of majority and tyranny of minority No abuse b/c delegated powers in Constitution

Anti-federalist and Bill of Rights Federalists say unnecessary since Congressional members elected No way say anti-federalists. Basic civil rights need to be listed Compromise was BILL OF RIGHTS ADDED TO CONSTITUTION