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CHAPTER 7 HENRETTA FIRST HALF The Articles of Confederation

To the

THE WAR OF 1812

Identify the statement that is false.

A.   History provided countless precedents for erecting a republic on a national scale.

B.   By 1783, the Americans had won their freedom.

C.   The Americans were blessed with a vast and fertile land. D.   The Americans had inherited from their colonial

experience a proud legacy of a relatively significant level of self-rule.

E.   No law of nature guaranteed that the thirteen colonies would be able to expand their democratic ideals.

Identify the statement that is true.

A.   The American Revolution was a revolution in the sense of a radical or total change.

B.   The American Revolution suddenly and violently overturned the entire social and political framework.

C.   During the American Revolution, people's lives were fairly stable and they were able to carry on day to day.

D.   All communities were focused on the American Revolution.

E.   The exodus of most of the Loyalists helped to stabilize American society.

The American Revolution was

A.   truly radical. B.   inconsequential in world history. C.   an example of accelerated evolution rather

than outright revolution. D.   very much like the French revolution.

E.   very much like the Russian revolution.

States and Constitutions

!  Colonies become States, Draft new Constitutions, By 1777 ten had constitutions.

!  Battle between those who want well Defined Rules and Order (conservatives) and those who want to protect individual rights (liberals).

!  State Constitutions were approved by a vote of the people or State legislatures.

State Constitutions Cont..

!  Each State Constitution had a list/bill of rights !  State governments had various branches, some

were unicameral, some bi-cameral, etc. !  Legislative- created laws, most were Bicameral !  Executive- and elected governor !  Judicial- power over court systems !  Property requirements for office holding was the

norm

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Articles of Confederation

!  Weak Central government, limited power. !  Unicameral Legislature, used Committees !  No Executive !  No Judicial !  Each state had one vote !  9/13 states were needed to pass laws !  Amendments had to be Unanimous

Accomplishments

!  Was the constitution during the winning of the Revolutionary War

!  The country was not ready for a strong central government, and therefore needed a GLORIOUS FAILURE.

!  But it did have successes: !  Passed the Land Ordinance of 1785

!  Passed the Northwest Ordinance of 1787

Westward settlement Managing the Frontier in the Early Republic

Land Ordinance of 1785 Northwest Ordinance of 1787 Indian Intercourse Act of 1790

Battle of Fallen Timber Battle of Tippecanoe

The Frontier During the Revolution !  Patriots and Loyalists !  Tribal alliances !  Warfare in the

Backcountry !  The Impact of the

Peace of Paris (1783)

The Land Ordinance of 1785 provided for all of the following except

A.  money from land sales should be used to pay off the national debt.

B.  the land should be surveyed before its sale. C.  the territory should be divided into townships

six miles square. D.  the sixteenth section should be sold to

support education. E.  prohibiting slavery.

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The Complexity of Western Land Claims

!  The question of western lands

!  Americans and the �right of conquest�

!  Ceding the western land

Formation of the Northwest Territory !  The Land Ordinance of 1785

!  Surveying the land !  Selling the land

!  Speculators and Squatters

The Northwest Ordinance of 1787 !  Thomas� Jefferson�s plan of

government !  The Northwest Ordinance

!  Government and statehood !  slavery !  Indian land rights

!  The Indian Intercourse Act of 1790 !  The status of Indian nations !  �to promote civilization�

Northwest Ordinance

!  Approved by Congress July 13, 1787 !  Area north of the Ohio River and East of the

Mississippi River. !  Interim federal control while local governments

were being developed !  Governor, Secretary and Three Judges,

appointed by Congress

Northwest Ordinance

!  Whenever a district reached a population of 5000 free males, it could elect a bicameral legislature and send a non-voting member to Congress.

!  When the population reached 60,000 free inhabitants the district would be eligible for statehood.

As a result of the Revolution's emphasis on equality, all of the following were achieved EXCEPT

A.  the reduction of property qualifications for voting by most states.

B.  the growth of trade organizations for artisans and laborers.

C.  the establishment of the world's first antislavery society.

D.  full equality between women and men. E.  abolishing medieval inheritance laws. F.  Several northern states outlawed slavery

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The most important outcome of the Revolution for white women was that they

A.  permanently gained the right to vote. B.  were allowed to serve in the national

legislature. C.  were elevated as special keepers of the

nation's conscience. (aka. Republican Motherhood�)

D.  finally gained fully equal status with white males.

E.  were given the right to vote in some states.

Guarantees of the Northwest Ordinance

!  Freedom of religion !  Trial by jury !  Each would enter the union "on an equal

footing with the original states." !  that revenue generated from the sale of a

portion of each township in the state would go to fund public education—the first instance of federal aid for education in American history.

Northwest Ordinance cont..

!  "neither slavery nor involuntary servitude" were to be allowed.

!  that a good faith effort would be made to respect the Indians in the territory.

Problems

!  War debts were unpaid, problem with establishing good credit with other nations

!  No power to tax !  Order of Cincinnatus and possible counter-

revolution (our potential �strong man�) !  Could not force Great Britain to leave the

western lands. !  Shays Rebellion, dependence on state militias

The economic status of the average American at the end of the Revolutionary War was

A.  better than before the war. B.  worse than before the war. C.  about the same as before the war. D.  more closely tied to Britain than before the

war. E.  more closely tied to France than before the

war.

Continental army officers attempting to form the Society of the Cincinnati

A.  were brought to trial for trying to sabotage the civil government.

B.  were ridiculed for their lordly pretensions. C.  were trying to force the Congress to pay them

their pensions. D.  reflected the Revolutionary War generation's

spirit of equality. E.  represented the best of the officer corps.

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Social unrest: Shays� Rebellion

!  Shays's Rebellion, winter, 1786 !  Daniel Shays led a mob of

farmers in Massachusetts to prevent bank foreclosures on farms.

!  This showed vulnerability of state government and lack of ability to maintain order.

!  The rebellion prompted Congress to call for representatives to be sent to Philadelphia to discuss constitutional revisions.

Limitations/Problems

No Chief Executive Nine of the thirteen states

needed to approve laws 13 out of 13 states needed

to approve Amendments

!  No coordination of committees, no uniform domestic policy

!  Rarely were all the delegates present, states voted in blocks, 5 Small versus 8 large.

!  Never could get the 13 states to agree

Continued

No power to regulate interstate commerce No power to enforce treaties

!  Led to disputes between states, could not regulate to protect American business, tariffs

!  Could not force the British to leave American territory

Continued

No power to enforce laws, LIMITED national court system state courts interpreted national laws

!  Could only ask and request could not force states to follow the laws

Recapping weaknesses & results of Articles of Confederation

Timeline — Prequel to the Constitution

"  Dec. 1773 — Boston Tea Party "  Apr. 1775 — first battles of Revolutionary War, at

Lexington and Concord, MA "  July 4, 1776 — Declaration of Independence adopted

by Congress "  Nov. 15, 1777 — Articles of Confederation adopted

by Congress "  Mar. 1, 1781 — Articles of Confederation ratified by

states (cont�d)

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Timeline (cont�d) !  1783 — Revolutionary War ends with peace

treaty !  The Aborted Annapolis Meeting

!  An attempt to discuss changes to the Articles of Confederation.

!  Attended by only 12 delegates from 5 states. !  Shay�S REBELLION !  TRADE DIFFICULTIES

!  Sept. 1786 — Hamilton proposes another convention, this time in Philadelphia to revise the Articles of Confederation

!  May 1787 — Philadelphia Convention commences work

!  Sept. 17, 1787 — Convention concludes its work with a proposed Constitution

(cont�d)

Constitution

!  Definition !  �The fundamental and organic law of a nation or state,

establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise.�

— Black�s Law Dictionary !  Sets the basic - broad rules of the game. !  The rules are not neutral- some participants and policy

options have advantages others don�t.

As written documents, the state constitutions were intended to A.  represent a basic fundamental �inalienable

rights� superior to ordinary legislation. B.  be subordinate to state laws. C.  grant the governor more power than the

legislature. D.  keep the government in the hands of the well-

to-do. E.  reaffirm states' rights.

Constitutional Convention (1787)

!  Hamilton asks for another convention to �revise� the Articles. This time at Philly. The CONSTITUTIONAL CONVENTION

! Stated Purpose:

! revise the Articles ! 12 of 13 states sent delegates

!  Not a cross section of the country, but the elite. Real purpose: ! Secret meeting ! Write a new constitution ! Purpose of government is Limited government

The issue that finally touched off the movement toward the Constitutional Convention was

A.  control of public lands. B.  control of commerce. C.  Indian policy. D.  monetary policy. E.  foreign threats to our independence.

A Convention of Demi-Gods?

!  Franklin !  Madison !  Hamilton !  Washington !  William Patterson !  Edmund Randolf

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It was highly significant to the course of future events that

A.  political democracy preceded economic democracy in the United States.

B.  deflation rather than inflation resulted from the Revolution.

C.  no economic depression occurred as a consequence of the Revolution.

D.  economic democracy preceded political democracy in the United States.

E.  the United States went off the gold standard after the Revolution.

Issue of Representation

!  Virginia Plan–Edmund Randolph !  Framework for a new constitution !  Representation was to be based on the population of

each state or the proportion of each state's revenue contribution

!  New Jersey Plan–William Patterson !  Each state should be equally represented regardless

of population

Connecticut Compromise (Great Compromise)

!  Created a bicameral legislature !  The first chamber of Congress would be

apportioned according to number of inhabitants in each state (House).

!  In the second chamber, each state would have equal representation (Senate).

Three-fifths Compromise

!  Fundamental difference lies between slave and non-slave states

!  Over 90 percent of the slaves lived in five states (Georgia, Maryland, North Carolina, South Carolina, and Virginia)

!  Compromise result: five slaves would be counted as three persons. !  Supported by slave states to increase representation !  Supported by nonslave states that advocated principle of property

representation

!  Left slavery question unresolved until Civil War

Other Compromises

!  Electoral College !  House of Reps elected by the people, but the

Senate appointed by State Legislators (the elite) !  interstate vs intrastate trade

!  slave TRADE can�t be outlawed until 1808 !  etc

The idea that all tax measures should start in the House was made to appease

A.  the least populated states. B.  western states. C.  eastern states. D.  the industrialists. E.  the big states with the most people

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Key principles of the Constitution !  Separation of powers - assignment of law

making, law interpreting and law executing functions to different branches of government

!  Checks and balances - the power of scrutiny and control of each branch over the other two branches of government

!  Republicanism - not classical democracy, but based on representation, calibrated popular input

!  Federalism - two levels of government, with central government supreme

Separation of Powers

!  "Ambition should be matched with ambition" (Madison)

!  Prevents power accumulation in one branch

figure2.1

Checks and Balances

!  States versus national government !  House versus Senate !  Executive versus legislature !  Courts versus executive and legislature !  Senate versus executive on treaties and

appointments !  People through elections versus legislatures

figure2.2

Antifederalists believe that the sovereignty of the people resided in which branch of the central government?

A.  Executive B.  Legislative C.  Judicial D.  Cabinet E.  All of these

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Preamble of the Constitution

�We the people of the United States, in order to . . . establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty . . . do ordain and establish this Constitution for the United States of America.�

�We the people . . .�

�In adopting [the Constitution], the Framers envisioned a uniform national system, rejecting the notion that the Nation was a collection of States, and instead creating a direct link between the National Government and the people of the United States. . . .

(cont�d)

�We the people . . .� (cont�d)

�. . . [The] Congress of the United States, therefore, is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people.�

— U.S. Term Limits v. Thornton, 514 U.S. 779 (1995)

Federalism

Federal government

State governments

The US Constitution !  The Basic Structure

!  Preamble !  Article I: The Legislative Branch !  Article II: The Executive Branch !  Article III: The Judicial Branch !  Article IV: National Unity and Power !  Article V: Amendment Procedure !  Article VI: National Supremacy !  Article VII: Ratification Requirements

!  Two things you don�t want to see being made: !  Sausage !  Laws

Article I – Legislative branch

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Article I – Legislative branch

#  Structure of the legislative branch !  Apportionment of Senators and Representatives

among the states !  Qualifications for holding office ! Bi-Cameral !  Roles of House and Senate in impeachments !  Basic functioning of the two houses !  Role of Congress and president in making law:

President�s power to veto, Congress�s power to override

Article I — Powers of Congress

#  Enumeration of Congress�s powers

(Art. I, sec. 8) !  17 specific enumerated powers !  1 catch-all: �necessary and proper� aka. Elastic

Clause

Article I — Limitations on federal legislative power

#  Specific limitations on the federal legislative power (Art. I, sec. 9): !  No prohibiting importation of slaves before 1808 ! No suspension of habeas corpus !  No bills of attainder or ex post facto laws !  No granting titles of nobility

Article I — Limitations on state legislative power

#  Limitations on state legislative power (Art. I, sec. 10)

States may not: !  Enter into treaties !  Issue their own money !  Pass bills of attainder or ex post facto laws, or

impair contracts !  Except with consent of Congress, impose

duties on imports or exports, keep troops, or enter into an agreement with another state

Motives of the pro-Constitution delegates to the 1787 Constitutional Convention in Philadelphia include all of the following except to

A.  preserve the union. B.  forestall anarchy. C.  ensure the security of life and property. D.  curb unrestrained democracy. E.  increase individual freedom.

The ONLY branch of the government elected directly by the people is the

A.  military. B.  House of Representatives. C.  executive. D.  judiciary. E.  Senate.

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Article II – Executive branch

#  Election of President and Vice President, qualifications for office (Art. II, sec. 1) ! Revised by 12th Amendment

#  Successorship, in case of President�s death or disability ! Revised by 25th Amendment

(cont�d)

Article II (cont�d)

#  Powers of the President (Art. II, sec. 2) !  Commander in chief !  Entering treaties and making appointments, with

advice and consent of the Senate !  �take Care that the Laws be faithfully

executed� (Art. II, sec. 3)

#  Grounds for impeachment of President, VP, and other officials (Art. II, sec. 4)

Article III – Judicial branch

#  Structure of the judicial branch !  Creates the Supreme Court, and authorizes

Congress to create lower courts (Art. III, sec. 1) !  Establishes rules regarding judges: life tenure, no

reducing salary !  Describes the types of cases that courts can hear

and decide (Art. III, sec. 2) !  Assigns the Supreme Court original and appellate

jurisdiction (Art. III, sec. 2) BUT NOT Judicial Review

!  Defines the grounds for treason (Art. III, sec. 3)

Article IV – Relations among the states

" Relations among the states: !  States must give �full faith and credit� to judicial

decisions and other official actions of other states (Art. IV, sec. 1)

!  States must extradite accused persons to other states (Art. IV, sec. 2)

!  Each state is guaranteed �a republican form of government� (Art. IV, sec. 4)

Which of the following Revolutionary leaders was not present at the Constitutional Convention?

A.  Thomas Jefferson B.  Benjamin Franklin C.  James Madison D.  George Washington E.  Alexander Hamilton

Article V — Amendment of the Constitution

# Amending the Constitution !  Amendments proposed by Congress or state

conventions !  Ratification by ¾ of states

Article VI — Supremacy # Supremacy:

!  Constitution and federal law over-rule state law

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So now it written, but… !  Need to get 9 of 13 to ratify???? !  What happened to 13 of 13 to change the A of C?

!  Federalists:

!  Hamilton !  Madison????? !  Jay !  Gouverneur Morris

(Madison took much of the Preamble from his Massachusetts state Constitution

!  John Dickinson (wrote the Articles of Confederation

!  Anti-Federalists: !  Patrick Henry !  James Monroe !  Melancton Smith !  George Mason !  Elbridge Gerry !  George Clinton !  Samuel Adams !  Richard Henry Lee

(introduced the idea of the Dec. of Independence)

The delegates at the Constitutional Convention stipulated that the new Constitution be ratified by

A.  state conventions. B.  state legislatures. C.  popular referendum. D.  majority vote in the Congress. E.  the judiciary.

Ratifying the Constitution

!  Federalists !  Large landowners,

wealthy merchants, professionals

!  Strong national government

!  Feared excessive democracy

!  Elites best fit to govern

!  Anti-Federalists !  Small farmers,

shopkeepers, laborers, PLANTERS mostly

!  Strong state government

!  Feared concentration of power in few hands

!  Protection for individual liberties

Ratifying the Constitution

!  What of the protection of people�s liberties? !  Neglected to include provisions in draft of the Constitution !  State constitutions generally included such provisions. !  Protection of liberties the duty of the states? !  Roadblock to ratification !  Bill of Rights was promised

By the time the Constitution was adopted in 1789 A.  the American economy was continuing to

experience problems. B.  prosperity was beginning to return. C.  foreign trade was still in terrible shape. D.  inflation was continuing to increase. E.  the issue of states' rights had all but

disappeared.

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Federalist No. 10: factions

�faction� = �a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community� [15]

Translation = Powerful groups will be offset by other powerful groups.

It continues…

�It is vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm.� [16]

Translation = �We can�t count on wise

governors, so we need a COMPLICATED system of checks and balances�

Madison�s cure for factions

Problem: !  Majority factions, which promote their own interests at the expense of the public good and the rights of other citizens

Solution: !  A republican form of government,

instead of pure democracy !  A large, populous nation, instead of a small one

Democracy

�Pure democracy�=

�a society consisting of a small number of citizens, who assemble and administer the government in person�

Feds said: �No� – bigger is even better

Among other views, The Federalist, written during the ratification debate, argued that it was

A.  impossible to safeguard the rights of states from the power of a strong central government.

B.  possible to extend a republican form of government over a large territory.

C.  inevitable that slavery would be abolished in the new republic.

D.  illegal to replace the Articles of Confederation with a new constitution.

E.  best to establish a direct democracy.

Madison�s view of pure democracy

�[Pure democracies] have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.� [16-17]

Translation: �Most people suck�

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Republicanism

�Republic� = �a government in which the scheme of representation takes place.� by the wealthy in most cases, as who else has the resources to be ELECTED by “The People”.

The benefits of representation

The effect of introducing representation is �to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations� [17]

Translation: Let the best rule for the good of the many�

Majorities will be drawn to justice

�In the extended republic of the United States, . . . a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good . . . .� [24]

Translation: The idea of �Virtue� was stupid.

Federalist No. 51: checks and balances

�[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.� [22]

Translation: �If people are weak and selfish –

have other weak, selfish people watch them…

We�re not angels

�If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.� [22]

Translation: �Since people suck, you can�t

give any group too much power.�

Timeline (cont�d)

"  1787 - 88 — Federalist Papers published "  June 21, 1788 — ninth state (NH) ratifies the

Constitution, making it effective "  Sept. 1789 — Bill of Rights proposed "  Dec. 1791 — Bill of Rights ratified

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! Bill of Rights – First 10 Amendments ! Limits Congress (1st Amendment) ! Limits Executive (2nd-4th Amendment) ! Limits Judiciary (5th-8th Amendment) ! Limits National Government (9th-10th

Amendment)

Hierarchy of sources of law

The people(i.e., ¾ of the states)

U.S. Constitution

State constitutions

State statutes and common law

Federal statutesand common law

The evolution of Federalism into Nationalism

A Confederation Nationalism True Federalism

Madison

J. Jay

Hamilton

P. Henry

G. Clinton

R.H. Lee

Melancton Smith

T.J. but he was In France

They win!!!!!

Call themselves Federalists

Anti-Federalists

Tea Baggers??

Become the Dem/Reps or just Republicans (Later the Democratic Party)

Assessing the Constitution: Achievements

!  Created unified nation capable of defending itself

!  Facilitated the country�s economic development !  Outlawing separate state currencies !  Outlawed state tariffs

!  Created a presidency that was first filled by Washington

Assessing the Constitution: The Constitution Today

!  Constitution continues to give many groups/interests opportunities to voice their concerns !  Constitutional ambiguity !  Adaptability !  Successful governing arrangements

!  Stain of slavery !  Could not resolve an intractable problem !  Strong solution would mean no ratification

!  Was Jefferson right – has it become OPPRESSIVE? Or at least �out of touch�

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! Washington envisions a government/society of ! A small, single, unified political system in

which the �best� temporarily give up their personal life to serve the nation. NO POLITICAL PARTIES.

! A self-sufficient, isolated nation ! A mixture of small rural farmers and a few

larger urban areas. ! The main role of the gov�t is to maintain Law

& Order. 92!

Outlining the New Nation!

!  Change in:!!  Craftsmanship to incipient Manufacturing!!  Mercantilism to Capitalism (Adam Smith)!!  Political philosophy: !

! Revolutionary to Conservative!! �Happiness� to Property !

!  Humanism to Pragmatism. People as!! Childlike at best!! Easily corrupted at worst!

Periodic Political Realignments

The five POSSIBLE causes of Realignment:

1.  The regional support for the parties changes

2.  The social groups supporting the parties change

3.  New groups of citizens are mobilized and become part of the electorate

4.  Voter change not just which party they vote for, but also the party that they identify with

5.  Realignments are typically caused by new issues that divide citizens

Five realignments have occurred in the United States (1828, 1860, 1896, 1932, and 1968)

These are used to divide American political history into six party systems