1777-1789
“What kind of government will we have?”
Defining Nationhood and the Constitutional Crises of the 1780s
Articles of Confederation
Successes:•Won the war
•Land Ordinance of 1785
•NW Ordinance of 1787
•Treaty of Paris
Weaknesses:•Congress could not enact and collect
taxes.•Congress could not regulate interstate or
foreign trade.•Each state had only one vote in
Congress, regardless of population.•Nine out of 13 states needed to agree to
pass any law.•The Articles could be amended only if
all states approved.•There was no executive branch to
enforce laws of Congress.•There was no national court system to
settle congressional law disputes.
Articles of Confederation
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The Land Ordinances
• Land Ordinance of 1785
• Northwest Ordinance of 1787
• Provided for the orderly and systematic settlement of western lands– Provided for small rural communities to have public
institutions– Provided requirements for statehood within the
territories
Map 7.1 The Confederation and Western Land Claims (p. 199)
The Old Northwest, 1785–1787
Northwest Ordinance animated
The Northwest Ordinance: 1787
Annapolis Convention • 1786• Only 5 states
sent reps to Annapolis, MD
• Madison and Hamilton convinced others another convention needed to be held in Philadelphia
• Congress asked states to appoint delegations to Philadelphia
Shays’s Rebellion - 1786
• Shays' Rebellion was an insurgent movement led by Daniel Shays during 1786-1787 in western Massachusetts.
• Fears generated by Shays' Rebellion helped to convince states to send delegates to the Constitutional Convention that
met in Philadelphia in 1787. Source: ABC clio database.
Shays’s Rebellion
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Constitutional Convention of
1787
• 55 delegates, 12 states
• Well-educated, wealthy men
• Presiding officer - Washington
• Behind closed doors
• Some notable figures - absent (Jefferson, Adams, John Jay, Patrick Henry)
Who were the “Framers”?
• White Male AdultsWhite Male Adults
• LandownersLandowners
• Some educationSome education
• Some were slave Some were slave ownersowners
• LawyersLawyers
• MerchantsMerchants
• White Male AdultsWhite Male Adults
• LandownersLandowners
• Some educationSome education
• Some were slave Some were slave ownersowners
• LawyersLawyers
• MerchantsMerchants
Representation: Two Plans
• New Jersey Plan– Small states
– Equal representation not based on population
• Virginia Plan– Large States
– Representation based on population
James Madison
• Virginia Plan• Father of the
Constitution• Most prepared of the
delegates• Kept precise notes of
the proceedings
• Virginia Plan proposed by the larger states– Establish a national government
with 3 branches.
– Establish a bicameral Congress.• People elect 1 house
• That house elects 2nd house
– Representation in both houses based on state population
• New Jersey plan proposed by small states– Establish a unicameral Congress
• Each state to have 1 vote
• Equal representation
– States equally represented similar to the Articles of Confederation
Issues of representative government would be argued at Constitutional Convention
Virginia vs New Jersey
Legislative BranchLegislative Branch•Congress (Art. 1)
•Makes the law
Executive BranchExecutive Branch•President (Art. 2)
•Carries out the law
Judicial BranchJudicial Branch•Supreme Court (Art. 3)
•Interprets the law
3 Branches are separate, have different powers, co-equal 3 Branches are separate, have different powers, co-equal and and checks and balances on one another to make sure one on one another to make sure one
branch does not get to powerfulbranch does not get to powerful
3 Branches of the Federal Government
The Great Compromise
• The Connecticut Plan (a.k.a. the Great Compromise)
• Solved the biggest dispute of the Convention– Upper House (Senate)
equal representation– Lower House (House
of Representatives) proportional representation
CONGRESSCONGRESS
HOUSE OF REPESENTATIVESHOUSE OF REPESENTATIVES•Elected by the peopleElected by the people
•Representatives based on population per Representatives based on population per state…..state…..
•More population the more More population the more representatives you haverepresentatives you have
•2 year term2 year term•Satisfied larger statesSatisfied larger states
HOUSE OF REPESENTATIVESHOUSE OF REPESENTATIVES•Elected by the peopleElected by the people
•Representatives based on population per Representatives based on population per state…..state…..
•More population the more More population the more representatives you haverepresentatives you have
•2 year term2 year term•Satisfied larger statesSatisfied larger states
Conn. Comp
SENATESENATE•Elected by each state’s congress
•Equal representatives•2 representatives per state
•6 year term•Satisfied smaller states
SENATESENATE•Elected by each state’s congress
•Equal representatives•2 representatives per state
•6 year term•Satisfied smaller states
•Great Compromise or Connecticut Compromise
•New Jersey Plan•Virginia Plan
•People to elect their representatives.•2 houses of Congress
•Bicameral
The Great Compromise
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Other Compromises
• Slavery - 3/5 compromise - Slaves were counted as 3/5 of a person for taxation and representation
• Trade - Commercial Compromise - Congress could regulate interstate and foreign trade
• Chief Executive - term of office? (4 yrs) (feared too strong of a central leader), electoral college - same number of representatives and senators from each state had an ‘electoral’ vote (feared too much democracy)
• Ratification - called for 9 of the 13 states for acceptance
•Southern states
•slaves counted as part of the total state population.
•Why?Why?
•mmore representatives in Congress.
•more voting power in Congress meant protecting self-interest of slavery.
•Northern states •objected and would only agree to compromise. •3 of every 5 slaves counted as part of state’s total population.•supported by both North and South
•Northern states agreed to the 3/5’s Compromise only if the South abolished the Slave Trade by 1807……
•Agreement was made….North was hoping slavery would eventually fade away and die out .
•This was their step towards abolishing slavery.
Ratification• Submitted to states for approval
on Sept. 17, 1787• Fierce debate followed• Federalists vs. anti-Federalists• Ratified in June 1788 by 9
states• Virginia, New York (two major
states - #10 & #11 to ratify)• The Bill of Rights was one of
the first orders of business for the new Congress– Fulfilled promise to protect
individual liberties to the skeptical anti-Federalist factions in key states
Map 7.2 Ratifying the Constitution of 1787 (p. 208)
In order for the new Constitution to become the “law of the land”, 9 of 13 states had to ratify the Constitution.
1. Delaware 30 – 02. Pennsylvania 46 –
233. New Jersey 38 –
04. Georgia 26 – 05. Connecticut 128
– 406. Massachusetts
187–1687. Maryland 63 – 118. South Carolina 149
– 739. New Hampshire 57 –
4710. Virginia 89 – 7911. New York 30 – 2712. North Carolina 194
– 7713. Rhode Island 34 -
22
Ratification
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Federalists vs. Antifederalists
• Federalists– Favored Ratification
– Favored stronger central government
– Washington & Madison (VA), Hamilton (NY), John Jay, Franklin (PA)
– Published 85 essays called “The Federalist Papers” defending and explaining the Constitution
– More organized
• Antifederalists– Opposed ratification– Feared strong central
government– Patrick Henry and George
Mason (VA), John Hancock, George Clinton (NY)
– Feared government abuse of individual rights
– Called for a specific “Bill” of Rights
– Less organized
Art. 5, 6, 7
A strong national gov’t over the states was needed to protect “life, liberty, life, liberty,
property and the pursuit of happinessproperty and the pursuit of happiness”
Constitution was a “sound” document which “limited” the power of the national
govt.
Gave it power to settle problems within the country.
Representative democracyRepresentative democracy is what the constitution was built on and stated in the
Preamble, We the PeopleWe the People.
Appealed to more the wealthy, business owners and educated.
•George Washington
• Ben Franklin,
•John Adams,
•James Madison
•Alexander Hamilton
Federalists
Art. 5, 6, 7Anti Federalists
•The national govt was too powerful and it would take away your right to “life, “life, liberty, property and the pursuit of liberty, property and the pursuit of
happinesshappiness”
•The constitutionconstitution was a threat to the “rights” we fought for in the Revolution
•States” should have more authority than the national govt.
•Feared representative democracyrepresentative democracy was threatened because our rights were not
protected.
•Appealed to the common man, farmers and less educated
•Patrick Henry Patrick Henry
•ThomasThomasJefferson Jefferson
•Sam AdamsSam Adams
•George MasonGeorge Mason
•George Clinton George Clinton (gov. of NY)(gov. of NY)
Anti Federalists
Federalist Papers• John Jay• James Madison• Alexander
Hamilton• Series of Essays
published in a NY newspaper
• Brilliant explanations of Constitution
The Federalist Papers
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Signs and Seeds of Political parties
• These divisions led to the beginnings of political parties
• NOT formal organizations (yet)
• Washington and others feared these “factions”
Evolution of Major Parties
Federalist & Antifederalist Strongholds, 1787–1790
Bill of Rights
• First 10 Amendments to the Constitution
• Listed basic “natural” rights
• A compromise to gain Anti-federalist support
• Madison drafted them
1. FREEDOM of Religion, Press, Speech, Assembly, Petition
2. RIGHT TO KEEP AND BEAR ARMS
3. No QUARTERING of soldiers in peacetime
4. NO UNREASONABLE SEARCH and SEIZURE
5. PROTECTION of ACCUSED
6. RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY
7. TRIAL BY JURY IN CIVIL SUITS
8. NO EXCESSIVE FINES or CRUEL PUNISHMENT
9. POWERS RESERVED TO THE PEOPLE
10. POWERS RESERVED TO THE STATES
First First 10 Amendments10 Amendments to the to the Constitution in 1791Constitution in 1791
Rights and freedoms won in Rights and freedoms won in the Revolution are preserved the Revolution are preserved
and protected…and protected…
Bill of rights
The Bill of Rights
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New Constitution gave the National Govt. 60% of governmental powers….National Govt. was over the states……..
States given 40% of governmental powers…States would have some powers to control their own
affairs.
With the new constitution, the National Government was given the power to tax, regulate trade, enforce its laws and over the states. National Govt. law would always be over the states.
US Govt 1789
How the Weaknesses of the Articles of Confederation were How the Weaknesses of the Articles of Confederation were Corrected by the ConstitutionCorrected by the Constitution
Articles of Confederation• States have most of the power and national govt.
has little.
• No executive to carry out the laws of Congress
• No national courts---only state courts
• 9/13 states have to approve a law before it goes into effect
• Congress has no power to tax
• Congress can not regulate trade among the states.
• Each state coined its own money. No national currency.
• Unicameral Congress
• Articles only a “firm league of friendship”
US Constitution• States have some power, but most power is given
to the national govt.– Federal Government
• Electoral College• 3 branches of govt.
– Executive---enforces law– Legislative---makes law– Judicial---interprets law
• Checks and balances• Congress given the power to tax, regulate trade
and enforce laws.• Only national govt. has the power to coin money• Bicameral (2 house) Congress• Equal Representation by States and a State’s
population• Constitution established a strong National Govt.
over the States and to form a more “perfect union”
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