1. BALANCE OF LIBERTY AND ORDER The Confederation Period: 1781-1789

2. What changes occurred due to the Revolution? (Impact) To what degree was the Revolution a radical one? (In what ways…) Social Political Economic Intellectual To what degree do state government reflect the ideals of the revolution? Essential Questions:

3. Freedom - Economic “free labor” replaces indenture & apprenticeship (not republican) Greater contrast – slavery & freedom Emphasis on equality (of opportunity) Land = access to opportunity and freedom Smith- The Wealth of Nations – “invisible hand” – capitalist base of US Two visions of economic freedom – public welfare or individual rights (and best way to achieve)

4. Freedom - Religious Separation of church and state Free exercise – both idea in First Amendment Religion still seen as needed for public morality & virtue – Christianity favored Religious pluralism and diversity becomes the pattern

5. Freedom - Indians Loss of BOP ability, loss of land, loss of independence and culture Freedom came to mean protection of land, culture and independence In NW Ordinance – land not taken w/o consent – but …… No citizenship Nations and treaty system = method to take land Assimilation goal – Five Civilized tribes Battle of Fallen Timbers; Treaty of Greenville 1795

6. Freedom – African Americans Ideas of universal rights – freedoms – D of I Freedom petitions – Quok Walker case Free black communities Gradual emancipation - neonatal emancipation Some states gave right to political participation “citizens of color” Constitution – “other persons” (later Dred Scott Case)

10. Freedom – Loyalists Represented all classes – 20-25% - revealed class tensions Feared anarchy and disorder Land confiscated – not compensated postwar (elites generally purchased) 100,000-110,000 left Pattern – freedom of expression – speech/press limited during crisis period ( new internal enemies)

11. Republican Principles: Political Innovations/Changes Increased role for legislature; decreased power of executive Written constitutions w/ Bill of Rights Separation of powers Decreased property qualifications to vote More balanced representation of the backcountry in legislatures Amending process

12. Republican Principles: Social Innovations/Changes No aristocracy – merit, egalitarianism Separation of church and state Anti-slavery movement begins – Quok Walker case Women’s education and literacy; some legal rights – “Republican Motherhood” Sense of opportunity economically Sense of right to political participation First labor organizations and major strikes - class

13. Limitations: African Americans – tension between liberty and equality  Property critical – gain status, wealth  Propertyless = dangerous; thus free propertyless blacks = danger to white liberty  Limitations on importation of slaves both N and S  By 1800 gradual or immediate abolition of slavery in the N  Slavery no longer national institution – becomes southern institution –”peculiar”  Intensified sectional developments and differences

14. Interpretation of the Confederation Period Critical Transitional liberty order

15. Ratification of Articles Issue – power struggle  Landed states – western land claims  Landless states – no western land claims Ratification – land ceded to central government - $ through land sales

16. Land Claims – Ratification Issue

18. Structure of Confederation Government State > national government Loose union of “state republics” No executive, no judicial No power to tax No power to regulate trade Supermajority to pass legislation Amending process – all states must agree

19. Essential Questions: To what degree did the Articles of Confederation form a government based on republican principles? To what degree did the Articles of Confederation form an effective government? What are the criteria for evaluation of an effective government?

21. Statute at large of Virginia 1786 Be it enacted by the general assembly, that no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever…but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion.

30. Effectiveness of Confederation: Successes Won the war Land Ordinance of 1785 – sale and survey of land Northwest ordinance of 1787 – process for statehood – equal  Limited expansion of slavery  Due process rights  Public education  Religious toleration

31. Northwest Ordinances

32. Land and NW Ordinances

33. Problems: Economic Debt – foreign and domestic, unfavorable BOT Inflation – paper money, no specie, no confidence – states tried to help adjust prices and wages Trade Barriers – no access to West Indies – unfavorable BOT recession

34. Problems: Diplomatic No R-E-S-P-E-C-T!!!! Britain  Won’t leave NW  Inciting Indians Indians  Frontier violence  Retaking land Spain  Mississippi River  Jay-Gardoqui Treaty- regional divisions  Inciting Indians

35. Problems: Internal Order Issues of liberty and order Localists v nationalists Failure of taxation amendment Newburgh Plot – military coup Annapolis Convention – calls for meeting to “revise Articles” Sept 1786 Shays’ Rebellion Oct 1787 - SG:

36. Shays’ Rebellion

37. Philadelphia Convention May 1787 Shays’ Rebellion -> fears about disorder Agree  Need to tax  Need to regulate trade  Need to increase power of central gov’t  Currency - national only

38. Philadelphia Convention

40. Essential Questions: How does the Constitution correct the weaknesses of the Articles? How are republican principles protected?

41. Madison Federalist # 10 & 51 Separation of power; check and balance Shared sovereignty over same people (federalism)  Consent of the governed Prevention of tyranny  From abuse of power  From the majority

42. Leadership Franklin Sherman Hamilton

43. Key Issue = Representation Virginia Plan  Three branches; separation of powers  Legislative – bicameral; proportionate representation – lower house elects upper New Jersey Plan  One branch  Legislature – unicameral; equal representation/state

44. Connecticut Compromise Legislature = bicameral  Lower house = proportionate representation; 2 yrs; voters select Upper house = equal number/state; selected by state legislature 6 yrs Electoral college – selects president; safety valve; no desire to establish a democracy

45. Other Compromises: Issues - representation and regionalism(N/S) Three fifths  Slave population  N-head tax; S representation  3/5 th for both Commerce – tariffs  N-tariff by simple majority  S-no export tariff; supermajority  Import tariff = OK; never an export tariff  Slave trade can be discussed and prohibited in1808

46. Constitution and Slavery Protection of slavery is “embedded”  3/5 TH Clause – more power to the S in Electoral College  Commence compromise – slave trade  Fugitive slave law - extraterritoriality No right to interference by national government w/in and state – but S still fears loss of the institution and “unfree labor”

48. Changes

49. Ratification: Special Conventions; 9/13 Federalists  Plan/organization  Education and propaganda – Federalist Papers  Articulate leadership  Interest v virtue  Created order Anti-Federalists – objections  Too large  Too removed  Too many taxes  Potential for abuse of power  No bill of rights

50. Anti-Federalists Henry and Clinton “Brutus”;”Cato”; The Federal Farmer

51. Federalist # 10 Government by consent of the people – but detached from their narrow interests and factions “the Society becomes broken into a greater variety of interests, of pursuits, of passions, which check each other”

53. Essential Question: Does the constitution fulfill the principles of the declaration – if so how – if not why not? Who is an American?  Immigration and naturalization = white European  Citizens = “free white persons”  Indians not citizens until 1924  No Asians

54. American Creed Declaration Constitution Bill of Rights Three key documents that bind us by ideology – Consent of the governed Respect for rights of the individual