America: Past and Present Chapter 6. Post-Revolutionary Divisions ◦ balancing individual liberty...
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Transcript of America: Past and Present Chapter 6. Post-Revolutionary Divisions ◦ balancing individual liberty...
Post-Revolutionary Divisions◦ balancing individual liberty with social order◦ balancing property rights with equality
Most Republic were short lived◦ American’s would have to changes their values◦ Treated almost like a religion
Emphasis on Social Equality◦ But not for blacks or women
Revolution introduced unintended changes into American society
Hierarchical social relations challenged
Fundamental questions raised about the meaning of equality
Changes in laws of inheritance◦ No progenitor laws
More liberal voting qualifications◦ Lowering the property qualifications
Better representation for frontier settlers
Separation of church and state
African Americans embrace Declaration’s stress on natural rights
Demand right to freedom in petitions, suits
Northern states gradually abolish slavery
Southerners debate abolition◦ some privately free slaves◦ economic motives overcome republican ideals
Women demand the natural right of equality
Contribute to new society through “Republican Motherhood”
Women more assertive in divorce, economic life
Denied political and legal rights
Revolution limited in extension of rights
Introduced ideal of freedom and equality
Future generations would make these ideals reality
The people demand written constitutions◦ provide clear definition of rights◦ describe clear limits of government
Revolutionary state constitutions serve as experiments in republican government
Insights gleaned from state experiences later applied to constructing central government◦ Electing delegates to ratify the constitution (MA)
State constitution writers insist on preparing written documents
Precedents in colonial charters, church covenants
Major break with England’s unwritten constitution
State constitutions guarantee cardinal rights◦ freedom of religion◦ freedom of speech◦ freedom of the press◦ private property
Governors weakened◦ Can’t make political appointments of use the
veto Elected assemblies given most power
Procedure for adoption of Constitution pioneered by Massachusetts ◦ Constitution written by a special convention ◦ ratification by referendum of the people
State constitutions seen as flawed experiments
Growing sentiment for stronger central government
War for independence requires coordination among states◦ Raising an army◦ Drafting a common strategy for defense◦ Paying for the war
Central government first created to meet wartime need for coordination
John Dickinson’s plan for central government◦ proposed cession of West to Congress opposed◦ proposed equality in state representation opposed
Weaknesses of the Articles of Confederation
9 out of 13 states needed to agree to pass any laws this made it difficult for congress to pass any law.
No executive branch (pres)—to enforce laws of congress. No national court system to settle legal disputes Articles could be amended (changed) only of all states
approved Congress could not enact & collect taxes—could only
request funds from the states 75% of requests were ignored
Each state could issue its own currency Congress could not regulate interstate or foreign trade;
each state established its own trade and tariff regulations.
Each state had only one vote in congress, regardless of population.
13 separate states—no national unity
Maryland ratification of Articles delayed for Virginia’s renunciation of Western claims◦ Feared they would be depopulated◦ Was this about the profit of private land speculators?
1781--Virginia takes lead in ceding Western claims to Congress◦ Speculators had to renounce claims
Other states cede claims to Congress
Congress gains ownership of all land west of Appalachians
Creates 3-5 new territories in Northwest◦ Each to be governed by a governor, a secretary,
and 3 judges
Population of 5,000 may elect Assembly◦ Governor had veto power over its decisions
Population of 60,000 may petition for statehood
Bill of Rights provided
Slavery outlawed
Inadequate authority over interstate affairs◦ Inability to restrict trade
Inadequate influence on national economy
◦ Congress printed $200 mil in paper money◦ Situation made worse by the states◦ Soldiers and creditor went unpaid; citizens
wanted reimbursements for war cost
Weak foreign policy◦ 13 separate countries◦ Debt delinquency
Congress unable to address inflation, debt
Congress has no power to tax
Failure to pay soldiers sparks “Newburgh Conspiracy” (squelched by Washington)
Failure of reform prompts Nationalists to consider Articles hopelessly defective
England keep troops on U.S. soil after 1783
Spain closes New Orleans to American commerce in 1784
◦ John Jay to negotiate reopening Mississippi
◦ instead signs treaty favoring Northeast
◦ West and South denounce, Congress rejects Jay-Gardoqui Treaty
By 1785 the country seemed adrift
Washington: “What astonishing changes a few years are capable of producing. Have we fought for this? Was it with these expectations that we launched into a sea of trouble?”
Traditional Republican wisdom held that Repub gov’t could not flourish in large territories (Montesquieu).
Recognition by 1780s of shortcomings in small state republics
Stronger central government gains support
James Madison persuades Americans that large republics could be free and democratic◦ Factions were inevitable, but useful◦ Gov’t based on the will of the ppl, but detached from
their narrow concerns.
May 1786--Annapolis Convention agrees to meet again, write a new constitution
Summer 1786--Shay’s Rebellion sparks fears of national dissolution◦ Indebted farmer and ex-soldier◦ Farmers being imprisoned b/c of debt
Crisis strengthens support for new central government
The British ministry have so long hired their gazetteers to repeat and model into every form lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist? Where did it ever exist, except in the single instance of Massachusets? And can history produce an instance of a rebellion so honourably conducted? I say nothing of it's motives. They were founded in ignorance, not wickedness. God forbid we should ever be 20. years without such a rebellion….We have had 13 states independent 11. years. There has been one rebellion. That comes to one rebellion in a century and a half for each state. What country ever existed a century and a half without a rebellion? And what country can preserve it's liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it's natural manure.- Thomas Jefferson to William Stephens Smith, Paris, 13 Nov. 1787
Convenes May 1787
55 delegates from all states except Rhode Island
Delegates possess wide practical experience
Central government may veto all state acts
Bicameral legislature of state representatives
Larger states have more representatives
Chief executive appointed by Congress
Small states object to large-state dominance
Congress given greater taxing powers
Each state would have one vote in a unicameral legislature
Articles of Confederation otherwise untouched
Each state given two delegates in the Senate--a victory for the small states
House of Representatives based on population--a victory for the large states
Three-fifths of the slave population counted toward representation in the House
Issue of slavery threatens Convention’s unity◦ Northerners tend to be opposed◦ Southerners threaten to bolt if slavery weakened
Slave trade permitted to continue to 1808
“Great as the evil is, a dismemberment of the Union would be worse.”
--James Madison
July 26—Committee of Detail formed to prepare rough draft
Revisions to Executive
◦ Electoral College ensures president will not be indebted to Congress
◦ executive given a veto over legislation◦ executive may appoint judges
Decision that Bill of Rights unnecessary
Convention seeks to bypass vested interests of state legislatures
Power of ratification to special state conventions
Constitution to go into effect on approval by nine state conventions
Phrase “We the People” makes Constitution a government of the people, not the states
Supporters recognized the Constitution went beyond the Convention’s mandate
Document referred to states with no recommendation
Opposed to the Constitution
Distrusted any government removed from direct control of the people
Suspected the new Constitution favored the rich and powerful
Succeed in winning ratification in 11 states by June 1788
North Carolina ratifies November 1789
Rhode Island ratifies May 1790
Americans close ranks behind the Constitution
The fruit of Anti-Federalist activism
Nationalists promise to add a bill of rights
First ten amendments added by December 1791