“The Critical Period” 1781 - 1789 The early years of the American Republic.

“The Critical Period”1781 - 1789

The early years of the American Republic

America after the War

New Political Ideas: - Greater power for the peopleRepublic:

Represent the Public

America after the War

• State Governments rule supreme

• All States had a constitution (written

law)

America after the War: State Constitutions

Checks and Balances” – to prevent a group from becoming too powerful (separation of powers)

Expanded Voting Rights – Still only white men could vote


Bill of Rights – Guaranteed the rights of people


Slavery

• Development of abolition movement in the north

• Quakers begin the first Anti-Slavery Society

Women

• Expanded role:–“Republican

Motherhood”–Disenfranchised–Abigail Adams

Potential problems facing the young nation

• Foreign Policy• Economic Problems• Domestic Policy

Problems: Foreign policy

• England: controlled trade, and still maintained a presence in America

• Spain: controlled access to the Mississippi River, controlling the trade of Northwest farmers

• France: Demanded repayment of debt• Pirates: Raiding American ships

$$ Economics $$

• Huge debt from war: Individual states and the national congress owed great sums of money

• High inflation: American money was virtually worthless

• Farm foreclosures: Patriots could not afford to pay back loans

The Young Nation

• Should the new nation be 13 independent countries or is it one united country?

The Young Nation

• During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles.

• American political leaders, fearful of a powerful central government like Britain’s, created the Articles of Confederation, adopted at the end of the war.

The Achievements of the Confederation Congress

• In November of 1777, the Continental Congress adopted the. Articles of Confederation and Perpetual Union.

• This was a plan for a loose union of the states under Congress.

• The Articles set up a weak central government• The Confederation Congress met just once a

year.

Source of the Problem

The Articles of Confederation

America’s 1st national government:

The basic law of the country from 1781 until 1789, when it was replaced by the U.S. Constitution

“The Articles of Confederation gave Congress the privilege of asking everything & gave the states the prerogative of granting nothing”

-Robert Morris

Discussion Question

• Identify the major weaknesses of the Articles of Confederation which rendered it inadequate.

Struggles under the Articles of Confederation

Areas Weakness Consequences

Executive No central authority

No one to enforce the laws

Judiciary No federal court system

Inability to settle disputes among states

Taxes Congress could not impose or collect taxes

No money to run the country

Struggles (cont)

Trade Congress could not regulate trade between states

Each state had its own trading laws and taxes

Representation

Each state, regardless of population, had only one vote in Congress

The large states had no power over the little states


• The Confederation Congress had the power to declare war, raise armies, and sign treaties.

• It did not have the power to impose taxes or regulate trade.

• The only way the Congress had to raise money to pay its debts was to sell its land west of the Appalachian Mountains.

• Congress arranged this land into townships to make it easier to divide, sell, and govern.

Land Ordinance of 1785

Divided up western lands into townships and set aside land for public schools


• The Congress also set up the Northwest Ordinance as a basis for governing much of this territory.

• The ordinance created a new territory north of the Ohio River and east of the Mississippi River, which could become three to five states.

• When the population of a territory reached 60,000, it could apply to become a state.

Northwest Ordinance

Land North & West of the Ohio River

Northwest Ordinance

Established how territories became states

Banned Slavery in Northwest Territories

Sale of land to pay national debt & create public schools

Successes of the Articles of Confederation

Treaty of Paris: ended the Revolutionary War. Northwest Ordinance (1785 & 1787):

Conflicting Powers of the Articles of Confederation

• Congress could:– Raise armies– Declare War– Sign treaties

• Congress could not:– Raise revenue

through taxes– Regulate trade or

collect tariffs– Enforce its own

laws– Settle disputes

between states

The Congress Falters

• After the Revolutionary War, British merchants flooded American markets with inexpensive British goods which drove many American artisans out of business.

• American states imposed duties (taxes) on imported goods.

• The states did not all impose the same taxes so the British would land their goods at the states with the lowest taxes or restrictions.


• Because the Confederation Congress could not regulate commerce, the states set up customs posts on their borders and levied taxes on other states’ goods.

• This weakness of the Confederation threatened the union of the states.

• The federal government had no powers over the states and could not force them to pay their debts to Britain or return Loyalist property.


• The British retaliated by refusing to leave American soil as promised in the treaty.

• Since Congress could not regulate trade, it could not force the British into settlement.

• The end of the Revolutionary War and the slowdown of economic activity with Britain caused a severe recession in the United States.


• To pay for the war, many states had issued bonds as a way to borrow money.

• To pay back the bondholders, many people urged the states to issue paper money.

• States did not have the gold and silver to back paper money and so the paper money greatly declined in value.

Shays‘s Rebellion

• Shays’s Rebellion broke out in Massachusetts.• It started when the government of

Massachusetts decided to raise taxes to pay off its debt instead of issuing paper money.

• The taxes hurt the farmers most and those who could not pay their taxes and other debts lost their farms.

• Daniel Shays led the rebellion.

Shays’s Rebellion

• They went to a state arsenal to get weapons.• A government militia defended the arsenal

killing four farmers.• Many Americans began to see the risk of

having a weak central government.• They called for a change in government.

Shays’s Rebellion

• Causes: • Increased taxes • Foreclosure on

farms by banks

Stirs memories of………..

England

Shays’s Rebellion

• Effects:–Convinces

people of the need to Strengthen national government

Shay’s Rebellion

Farms were taken away from them because they couldn’t pay their debts.

Farmers revolted

Closed down courts so homes could not be taken away from them.

Why couldn’t the Congress help to stop Shay’s Rebellion?

Failure of the Articles

1) America had a huge debt:

2) Couldn’t stop fighting between states

Couldn’t pay our bills

Not United

Failure of the Articles

Our Government was:

Too Weak

Almost impossible to change the laws

It could NOT protect peoples rights to: Life, liberty, and the pursuit of happiness

Which weakness do you think hurt the new government the most?

The Constitutional Convention

• All states, except Rhode Island, sent delegates to the Constitutional Convention held in Philadelphia in 1787.

• Most of the 55 delegates to the Constitutional Convention had experience in government.

• George Washington was presiding officer.• James Madison kept records of the debates.• The meetings were closed to the public.

Constitutional Convention(1787)

PhiladelphiaAll states except Rhode

IslandGeorge Washington:

President of Convention (presiding officer)

James Madison: “Father of Constitution”


• Leaders were all appointed by the state legislatures, whose members had been elected by voters who could qualify as property owners.

• 55 delegates convened on May 25, 1787 in the Philadelphia statehouse , most all were men of high prestige and conservative

• Jefferson, in Paris, called the group a “convention of demigods”

Divisions at the Convention

• What are we doing here?

Revise the ArticlesOR

Write a new Constitution

Articles of Confederation

• Went against Congress’s explicit wish to revise the govt. not replace it, states were now in danger of losing their sovereignty.

• In effect, U.S.

government was peacefully overthrown

Hot Topics

• Representation–Large States vs Small States

Stronger New Government

• National principle: –National government should be

stronger than the states

Hot Topics (cont)

• Slavery–North vs

South

Two Plans for Government

• Virginia Plan (Big State)• Three Branches of Government • Executive, Legislative, Judicial• Bicameral Legislature (Two

houses)• # of Reps based on population

The Virginia Plan

• James Madison created the Virginia Plan which proposed that the legislature be divided into two houses (bicameral)

• Members of both houses would reflect that state’s population.

• It proposed a national government consisting of a legislative, executive, and a judicial branch

• National government had power to tax.

Two plans for government

• New Jersey Plan (Small State)

• Unicameral Legislature

• 1 state = 1 vote• Power to Tax!!!!

The New Jersey Plan

• Congress would have a single house.• Modified the Articles of Confederation• Congress would have power to tax and

regulate trade.• Small states insisted that each state had to

have an equal vote in Congress• Northern and Southern states disagreed over

how to treat slavery in the constitution.


• In What ways did the Virginia Plan and the New Jersey Plan differ?

• The Virginia Plan wanted to throw out the Articles of confederation, while the New Jersey Plan wanted to revise the Articles of confederation. The Virginia Plan called for two houses of Congress with representation based on a state’s population. The New Jersey Plan called for one house with equal representation. The Virginia Plan called for three branches of government, whereas the New Jersey Plan did not.

What is a compromise?

• Why so important to the development of the United States?

A Union Built on Compromise

• The delegates of the Constitutional Convention were divided geographically.

• The small states wanted changes that would protect them against the big states.

• Northern and Southern states were divided over the issue of slavery in the new constitution.

• A Compromise was needed.

Compromises

• Great Compromise (Connecticut)– 2 Houses– House of Reps:

• Population Based• House of Representatives control taxation

– Senate:• Equal Reps

The Connecticut Compromise (The Great Compromise)

• Congress voted to proceed with the Virginia Plan with the purpose of working on a new constitution for the United States.

• In one house of Congress the states would be represented according to size.

• In the other house, (the Senate), each state would have equal representation.

• The eligible voters would elect the House of Representatives, but the state legislatures would choose senators.

Compromises

• Three-Fifths Compromise– Issue: Are slaves people or property?– North: Slaves should not count in population totals– South: Smaller population would lead to northern

domination– Compromise: Slaves will count as 3/5 of a person

for representation (5 slaves=3 votes)– Slavery legal– Slave trade end in 1808

Compromises Cont.

• Most northerners and many southerners believed slavery would eventually die out.

• Most northerners also believed blacks inferior and could work only as menial laborers.

Compromises

• Commerce Compromise–Agricultural v Industrial states–Congress could tax imports, but

not exports–Electoral College

Enlightenment Ideas and the Constitution

Constitution

• The new constitution was based on the principle of Popular sovereignty, or rule by the people.

• It created a system of government known as federalism. (It divided government power between the state government and the national).

• It provided for a separation of powers• The two houses of Congress made up the

legislative branch (made laws).

Constitution

• The executive branch, headed by the president (implements and enforces laws)

• The judicial branch, federal courts, would interpret federal laws

• No one serving in one branch could serve in the other branches at the same time

Checks and Balances

• Each branch of government had the ability to limit the power of the other branches

• President can veto bills, appoint judges, and propose legislation

• Congress can override vetoes, approve or reject appointments, and impeach, formally accuse of misconduct, and then remove the president or any high official in the executive or judicial branch.

• The judicial branch interprets laws and serves for life.

Constitution Congress

• Created a system for making amendments, or changes to the Constitution.

• Supporters of the Constitution were known as Federalists

• Opponents to the Constitution were known as Antifederalists

• James Madison’s promise to add a bill of rights helped Virginia and New York vote in favor of the Constitution.

Constitutional Principles

• Federalism• Separation of Powers

–Checks and Balances• Individual Rights

Federalism

• Shared Power between the National government & State governments

Concurrent Powers

Delegated Powers

Reserved Powers

National Government

State GovernmentBoth

Federalism

Delegated Powers, also known as enumerated and/or expressed powers

Declare War

Print Money

Inter-State Commerce

Reserved Powers

Marriage Laws

Driving LawsSchools

Concurrent Powers

Taxes

Borrowing Money

Welfare

Strong Executive

• Enforcer of laws• Powers:

–Commander in Chief–Appointment: Check on Judicial and

Legislative branches–Veto of Legislation: Check on

Legislative branch

Legislative

• Congress: Makers of Laws–House of Representatives:

Popularly elected–Senate: Every state has 2

• Can override presidential veto with 2/3 vote

Judiciary

• Supreme Court: Interpret the laws• Judicial Review

Legislative Branch

Checks on Judicial Branch

• Creates lower courts• Can impeach and remove judges• Can propose amendments to

overrule judicial decisions• Approves appointments of federal

judges

Checks on Executive Branch

• Can override presidential veto• Confirms executive appointments• Ratifies treaties• Declares war• Appropriates money• Impeachment

Executive Branch

Check on Legislative Branch

• Proposes Laws• Veto • Call special sessions of Congress• Appointments to federal posts• Negotiates treaties

Check on Judicial Branch

• Appointments of judges• Pardons

Supreme Court-Determining Constitutionality of Acts (laws)

Checks on Legislative Branch

• Declare acts of Congress illegal

Checks on Executive Branch

• Can declare actions unconstitutional


• Extended Republic: Benefit of an "extended republic" to control faction and limit negative impact of self-serving politicians

Approval

• The new constitution must be ratified by 9 of the 13 states

• Special state constitutional conventions were convened to vote on the new government

• Debate: Federalists vs Anti-Federalists

Ratifying the Constitution

• Federalist • Anti-FederalistWashington, Madison, Hamilton

Support Ratification

Federalist Papers

George Mason

Patrick Henry

Oppose RatificationAfraid of a loss of state and individual rights

Federalists

• Supporters of the new Constitution• Merchants, urban, upper-class,

seacoast, commercial interests• George Washington, James Madison,

John Jay, John Marshall, Alexander Hamilton, and Benjamin Franklin

Federalist Papers

• Series of articles by Madison, Jay, and Hamilton in support of Constitution (“Publius”)

• Madison’s “Federalist 10” considered to be one of the greatest political documents written

Anti-Federalist

• Opposed the new government• Infringement of natural rights• Agrarian, western, states rights

supporters• Patrick Henry, Sam Adams, Richard

Henry Lee, George Mason

Issues

• Who controls the country: the national government or the state governments

• Bill of Rights

The Winner

• If it would have been a popularity contest the Anti-Federalist would have won hands down……….. But, it wasn’t!!!!!

• By 1788, 9 states had ratified the Constitution

• Remaining states join because they don’t want to be left out

Conservative Victory

• New Government created to check the excesses of the Mob (common people)

• Federal judges appointed for life• President elected indirectly by Electoral

College• Senators chosen indirectly by state

legislatures

Bill of Rights

• Anti-Federalist victory…

• Guaranteed certain rights that the government could never infringe upon

Individual Rights

Guaranteed by the Bill of Rights

The 1st 10 amendments to the US Constitution

Bill of Rights

• Guaranteed freedoms

• 1-9: Personal Freedoms

• 10: Reserved powers of the states

Bill of Rights

Virginia Declaration of Rights

Virginia Statute for Religious Freedom

Author James Madison; greatly influenced by two Virginians:

1) George Mason

2) Thomas Jefferson

http://www.yale.edu/lawweb/avalon/virginia.htm

http://www.stephenjaygould.org/ctrl/jefferson_vsrf.html

Key Issues

• Made federal law the supreme law but gave leeway to states to govern themselves.

• Balanced power between large and small states (Senate where each state gets 2 senators and House of Representatives with membership based on population)

• Placated Southern states by counting slaves as 3/5 of population

Key Issues

• Established three co-equal branches of government with checks and balances: Legislative, Executive, and Judicial.

• Limited powers of federal government to those identified in the Constitution.

A Framework for Limited Government

• The Constitution has a system for making amendments, or changes to the Constitution.

• There is a two-step process for amending the Constitution-proposal and ratification.

• New amendments can be proposed by a vote of two-thirds of the members of both houses of Congress, or two-thirds of the states can call a constitutional convention to propose new amendments.


• A proposed amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.


• How does the Constitution provide for a separation of powers?

• It provides for three branches of government. The legislative branch makes the laws. It is made up of the two houses of Congress. The executive branch enforces the laws. It is headed by a president. The judicial branch interprets federal laws. It is made up of a system of federal courts.

Americans Create a Republic

• The Federal System– Constitution creates three branches of government– Provides checks and balances—ensures branches share

power equally– Promotes federal system—power divided between nation

and states• The Bill of Rights

– Some fear too much national power, few protections of rights

– Leaders win support for Constitution by adding a Bill of Rights

• Ten amendments to Constitution that protect freedoms

“The Critical Period” 1781 - 1789 The early years of the American Republic.

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