Problems with the Articles of Confederation: *Congress had no direct authority over the states, but had to rely on the states to pass laws or levy taxes *Congress could not regulate trade between the states; states taxed each others’ goods, made their own foreign treaties, and issued their own currencies *Congress had to handle all administrative duties with no executive branch, and it had to rely on state courts to enforce national laws

Other 1776-1787 concepts: The Treaty of Paris (1783) Problems with the Western lands The Land Ordinance of 1785 and the Northwest Ordinance of 1787 State constitutions and declarations of rights

State Claims to Western Lands

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.

Shays’ Rebellion: 1786-7 * Led by Daniel Shays, former revolutionary solider * In Western MA * Consisted of small farmers angered by crushing debts and taxes * Not much of an actual threat, but strengthened the cause of those who argued stronger government was necessary

Wholesale Price Index: 1770-1789

Framing the Constitution: The Annapolis Convention In March 1785 the Virginia Legislature invited delegates from the states to meet in Annapolis, MD, to discuss commercial issues in the new republic. A. Hamilton led the meeting, drawing up a report that called on Congress to endorse a new convention, to be held in Philadelphia, to discuss altering the Articles of Confederation

The Constitutional Convention 55 men from 12 states assembled (all but Rhode Island) As B. Franklin noted, they were the “well-fed, the well-wed, the well-read, and the well-bred.” 29 were college educated, 34 were lawyers, 24 had served in the C. Congress, and 21 had fought in the Revolution; only 8 had signed the Declaration No Jefferson, no John Adams, no P. Henry

The “Great Compromise” The VIRGINIA Plan proposed scrapping the Articles in favor of a government with the power to tax and to enforce laws directly; representation in the two-house legislature would be based on population; that body would appoint a chief executive The NEW JERSEY Plan, the primary alternative, proposed retaining a single-house Congress in which the states were equally represented The CONNECTICUT, OR “GREAT” Compromise, resolved the dispute . . . And our current Congress is the best reminder of it

Two more compromises: The “Three-Fifths Clause”: slaves were counted as 3/5 of a white person for purposes of determining representation in the new Congress A trade compromise between merchant-based and agricultural states prohibited Congress from taxing exports, did allow it to regulate trade, and gave the President the power to ratify treaties only with 2/3 Senate approval

The original Constitution: Article I: Legislative Power; the House and Senate, Powers of and denied to Congress (and the states) Article II: Nature and scope of Presidential/Executive Power Article III: Judicial Power; courts, judges, jurisdiction Article IV: Interstate relations; “full faith and credit,” guarantee of republican form of government Article V: How to amend Article VI: Constitution as supreme law Article VII: How to ratify

Ratification Debate: The Federalists George Washington and Benjamin Franklin favored the Constitution Madison promised a Bill of Rights to sway Anti-Federalists John Jay and Alexander Hamilton, New York lawyers, and Virginia’s James Madison teamed to write the Federalist Papers The Federalist Papers consisted of 85 essays over 6 months, distributed as pamphlets and in newspapers, that helped to sway the populace

The Federalist Papers: In addition to helping to convince citizens to ratify the Constitution, they are: An ongoing reference manual for the Constitution, and the framers’ intent Examples of original American political philosophy

The Most Famous Papers: #1—Hamilton’s—1 of his 51--introductory #2—Jay—1 of his 5--introductory #10—Madison—1 of his 29--defending the C.’s response to “factions” #51—Madison—continues his explanation of the logic of the C. #78—Hamilton—on “judicial review”