Launching A New Nation: From Confederation to Constitution

The Articles of Confederation After the revolution the founders wanted to set up a republican government A government made up of elected representatives who make decisions on behalf of the people who elect them Wrote the Articles of Confederation (March 1781) States power was more important than federal power Weaknesses of the Articles of Confederation Congress could not enact and collect taxes Each state only had one vote 9 out of 13 states needed to agree to pass laws Articles could be amended only if everyone agreed There was no Executive branch to enforce laws There was no national court system

The Articles Prove weak Shay’s Rebellion Veterans and farmers had massive debts States had enacted heavy taxes to settle the state’s debts Farmers debts + states debts = heavy burden on citizens In January of 1787 farmers in Massachusetts attempted to take over the arsenal in Springfield MA and overthrow the government. State militias were barely able to disperse the protestors. State leaders get freaked out! Afraid they might have rebellions on their hands

The Constitutional Convention In response to Shay’s Rebellion, states sent delegates to Philadelphia to re-work the Articles of Confederation Delegates attempted to address the issues states had with the Articles of Confederation. Unequal representation of states in Congress Inability for the central government to raise taxes No executive branch to enforce laws No court system to settle interstate disputes No national unity

Confederation Problems Constitutional Solutions #1 Unfair representation in Congress Delegate Roger Sherman (CT) proposed that states be represented in two ways: By population (House of Representative) Equally (Senate) #2 Central Government unable to collect taxes Article 1 Section 8 Clause 1 “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and General Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.”

Confederation Problems Constitutional Solutions #3 No Executive Branch to enforce laws The Convention created drafted Article 2 which created the Presidency. #4 No Court System The Convention created Article 3 which creates the Supreme Court #5 Too much power in the states The framers created a system we call “federalism” Shared power between states and the central government #6 No National Unity The Preamble to the Constitution sets out the idea of a unified people “We the People”

Other Features of the Constitution Separation of Powers While the Congress needed an Executive they didn’t want one to get too powerful... They creates a system of checks and balances Legislative Branch makes the laws Executive Branch enforces the laws Judicial Branch interprets the laws Indirect Democracy The Founders also feared the people being too powerful Created the Electoral College Presidents aren’t elected by the people, rather by a group of electors chosen by the people

Ratification of the Constitution 9 states needed to ratify (approve) of the Constitution in order for it to go into effect. First state to do so...? Two camps developed in the wake of the convention Federalists vs. Anti-Federalists What was the Federalist position? We don’t think the Constitution is perfect but it’s better than the Articles of Confederation. What was the Anti-Federalist position? This Constitution is good and all, but how will we be protected from the government?

The Fight for Hearts and Minds The Federalists wrote a series of essays entitled “The Federalist Papers” 85 essays outlining why they believed the Constitution should be ratified Believed that a strong central government was better than the weak Articles of Confederation Key Federalists Alexander Hamilton John Jay James Madison Wrote the letters under the pen-name “Publius”

The Anti-Federalists The opposing faction were called Anti-Federalists They believed the Constitution did not provide enough of a guarantee of rights to the people. Prominent Anti-Federalists: Patrick Henry George Mason Richard Henry Lee Concerned about a central authority that was too strong. Demanded that a list of rights be protected in the Constitution itself.

The Bill of Rights The Anti-Federalists were satisfied that a bill of rights would be added to the Constitution. Rights to protect people from government Limiting the power of the central government over people

Why the Constitution Endures It’s flexible The framers built into the document the ability to change or make amendments to it. This allowed the document to change with time and adjust Examples of amendments Women’s right to vote Equal rights for former slaves Lowering voting age to 18 Article I, Section 8 Gives Congress the power to make all laws “necessary and proper” to ensure the Constitution is executed