1. The Confederation and the Constitution

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

3. 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

4. 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.

5. 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.

6. 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

7. 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.

8. 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

9. 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.

10. Land Ordinance 1785

11. 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).

12. 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”

13. 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.

14. 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

15. 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.

16. 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.

17. 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

18. 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.

19. 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 vote.

20. Jay, Hamilton, Madison