2.  At 2 nd Continental Congress – urged colonies to draft new constitutions to replace British royal charters  Between 1776-1780 – all colonies but Rhode Island and Connecticut did so  Relied on the idea of ‘republicanism’ ◦ Political leaders receive their authority from the citizens

3.  Most of these new Constitutions restricted the powers of the governors  Many also reduced the influence of the church on government  In 1779, Governor of VA – Jefferson issued VA Statute for Religious Freedom ◦ Human mind was created free and that gov. control over religious beliefs was tyrannical (no state church)  These “Republican” states did not grant full citizenship to women ◦ Limited right to vote and hold office to white property owners

4.  Republican Motherhood ◦ American women could influence politics and society through their work in the home ◦ Offer moral guidance to their husbands ◦ Educate children in principles of liberty, democratic values, and civic responsibility  Weakened women’s chances of gaining political rights

5.  Colonies were willing to join in a ‘loose union’ but were reluctant to hand over control to a national government  Ben Franklin supported the idea of this Confederation

6.  July 12, 1776, Articles of Confederation was presented  Debated for about 16 months, adopted on November 15, 1777  Created a confederation while guaranteeing each state its ‘sovereignty, freedom, and independence”  Articles authorized Congress to borrow and coin money, conduct foreign relations, set policy towards American Indians

7.  Congress could ask but not require states to contribute money to central government  Each state got 1 vote in Congress, regardless of size or population

8.  All 13 states had to ratify (approve) Articles  One major issue blocked ratification – LAND  Several states claimed vast tracts of western land – states without claims wanted that land given to national government

9.  Issue boiled down to $$$$  Congress expected each state to help pay off war debt  States with western lands could sell it and make extra cash – states without claims had to raise taxes  States without western land refused to ratify – ex. Maryland  NY and VA gave western lands to Congress to promote national unity  By 1781, all states agreed to enter Confederation – officially “United States of America”

10.  Congress knew western land would remain a problem  Ordinance marked off land into 640-acre tracts  Sell for no less than a dollar an acre and one section reserved for a school

12.  Established a system for governing Northwest territory ◦ Present day states of Indiana, Illinois, Michigan, Ohio, and Wisconsin  Guaranteed settlers civil rights and banned slavery in that territory ◦ ***Escaped slaves did have to be returned  Land Ordinances established a pattern for settlement for the next 75 years..

14.  On paper, Confederation enjoyed broad powers, but in reality it was weak ◦ Proposed changes need consent of all 13 states  Congress needed cash to pay war debt ◦ Could not tax people directly, appealed to states for funds ◦ States avoided paying their share  IN 1784, Confederation began to experience a depression

15.  Depression and money shortage left farmers with fewer markets for their goods and little money to pay their debts  In Massachusetts, merchant controlled legislatures imposed heavy taxes on land to pay state’s war debt  Legislature adjourned in 1786 without resolving the issue, farmers rebelled

16.  One of the leaders was Daniel Shay – former Rev. War Captain  December 26, 1786 ◦ Shay and some 1200 farmers set out for Springfield Massachusetts – intent of seizing federal arsenal ◦ Governor called for 4000 recruits to help militia guard the arsenal ◦ Shay and company launched attack in late January ◦ When artillery killed 4 of Shay’s men, Shay’s men fled ◦ Militia crushed rebellion by end of February

18.  Rebellion raised doubts about the central governments ability to deal with civil unrest  Many now calling for a stronger central government

19.  Provided for a weak national government  Gave Congress no power to tax or regulate commerce between states  Provided for no common currency  Gave each state one vote regardless of size  Provided for no executive or judicial branches

20. Drafting and Ratifying the Constitution

21.  In late 1780s, more leaders realized the Articles need improvements  A call for a Constitutional Convention ◦ Philadelphia – May 14. 1787 Independence Hall

22.  George Washington – President  James Madison  Alexander Hamilton  Ben Franklin Thomas Jefferson, Patrick Henry and John Adams not at Convention 

23.  Congress charged the delegates to revise Articles of Confederation ◦ Some believed it should be replaced  Edmund Randolph – presented the VA Plan ◦ Shifted power away from states and towards a central government ◦ Plan reflected that nations survival depended on Federalism (division of power between federal and state) ◦ Gave Congress right to overturn state laws, tax states

24.  Called for 3 branches ◦ Judicial, Executive, and Legislative (Bicameral)  Voters put members in lower house who choose members of upper house  Dispute of number of representatives  VA and Penn favored representation based on population, Delaware wanted equal delegates James Madison – “Father of the Constitution Madison – Authored most of the Bill of Rights

25.  Strong unicameral legislature ◦ Each state has one vote  Gives federal government power to tax and regulate commerce  Plan was essentially thrown out because it did not fix problems of Articles of Confederation

26.  Great Compromise ◦ Each state, regardless of size, 1 vote in upper house ◦ Lower house based on population  3/5ths Compromise ◦ Slaves as a part of the population? ◦ Conclusion: only three-fifths would count in determining representation

27.  On September 17, 1787, the 42 remaining delegates at the Convention signed the Constitution when it was then sent out for states to ratify.

28.  Federalists ◦ Favored ratification ◦ Wealthy merchants, planters, and lawyers – strong government would ensure a strong currency ◦ James Madison, Alexander Hamilton  Federalist Papers  Anti-Federalists ◦ Feared a powerful national government ◦ Pointed out the voters don’t directly vote for president – ‘undemocratic’

29. Federalists 1. Advocated importance of strong central government – promote economic development and public improvements 2. Today, those who see a primary role for the federal government in solving national problems are heirs to this tradition Leading Virginians -George Washington -James Madison Anti-Federalists 1. Feared an overly powerful central government destructive of the rights of individuals 2. Today, more conservative thinkers echo these concerns Leading Virginians -Patrick Henry -George Mason

30.  Issue of individual rights  US Constitution did NOT contain a Bill of Rights  VA Declaration of Rights (George Mason) included a Bill of Rights (protects individual liberties from Government)  Lack of Bill of Rights outraged Anti- Federalists  Federalists believed state constitutions would support individual rights

31.  VA and NY agreed to ratify only if a Bill of Rights was included  Despite all the debate, enough states (9 of 13) ratified the Constitution by June 1788.  VA Statute for Religious Freedom ◦ Thomas Jefferson ◦ Outlawed the established Church  Government could not favor any Church  Bill of Rights – James Madison ◦ Consulted the VA Declaration of Rights and VA Statute of Religious Freedom

32. Constitution FEDERALISM

35.  Marbury vs. Madison – 1803 ◦ Set the precedent of judicial review ◦ First time the term “unconstitutional” was used  McCulloch vs. Maryland – 1819 ◦ Set the doctrine of Implied powers  Gibbons vs. Ogden – 1824 ◦ Set up a broad national view of economic affairs ◦ Power to regulate interstate commerce was granted to Congress These 3 major cases are the foundation of the Supreme Court’s authority to mediate disagreements between branches of government, levels of government, and competing business interests