The Confederation and the Constitution

1. The Confederation and the Constitution 1776-1787

2. Shaky Start Toward Union • Revolution caused responsibility of creating and operating new central government • America more a name than nation • 1784-1786- low point for new republic • British flood Americas with cheap goods, American industry suffered • However, the states all did share similar constitutions, had a rich political inheritance from Britain

3. Economy • After war states seized Loyalist, crown lands • Inflation was a problem • Many worse off financially • War caused dislike of taxes and law • War caused American manufacturers to make their own goods (British trade cut off) • America remained agricultural by a large degree. • Prior to war, Americans had great trade with Britain, and now they didn’t, could now trade with foreign countries, a privilege they didn’t have before.

4. Creating a Confederation • 13 sovereign states coined money, raised armies, erected tariff barriers • 1777-Articles of Confederation adopted • 1781- ratified by all states • Main problem- what to do with western lands? • Some states had holdings west of Allegheny Mts., some did not • Land rich states could sell off land to pay debts, others had to tax heavily to raise revenue

5. Creating a Confederation • States surrendered land to central government • Used to make future states • Result was that it bonded union to central authority • Pioneers bought land from federal government, benefit to nation to help out debt • Weakened state powers

6. Articles of Confederation: America’s First Constitution • Loose confederation, acted together to deal with common problems (foreign defense) • No executive, judiciary left up to states • Each state one vote • Hard to amend • No power to regulate commerce, states had different trade laws • No power to tax, states paid what they wanted • National government could not control states • Positives of Confederation- Outlined general powers of government, provided idea of union

7. Landmarks in Land Law • Congress of Confederation passed farsighted legislation, dealt with public domain of Old Northwest Land Ordinance of 1785 Dealt with how to divide land in new territories • land sold to settlers to pay public debt • land surveyed before sale and settlement, led to orderly settlement • sixteenth section set aside to benefit education

8. Landmarks in Land Laws Northwest Ordinance 1787 • Dealt with how to govern new territory • Congress appointed 3 judges & a governor to govern the territory. • When population reached 5,000 adult male landowners elect territorial legislature. • When population reached 60,000 elect delegates to a state constitutional convention, with all privileges of other states • Forbid slavery in Old Northwest • Ideas carried to other frontier areas

9. The Horrid Specter of Anarchy • 1780’s ability of national government to collect money was limited • Interest on debt piling up, nation’s credit evaporating abroad • States had trade disagreements, levying duties on goods from neighbors, states issued depreciated paper currency • Problems came to a head in Shay’s Rebellion in 1786

10. The Horrid Specter of Anarchy • 1786- Farmers in western Mass. losing farms to taxes and foreclosure • Daniel Shay’s led group of agitators to enforce demands • Mass. authorities raise army and put down rebellion • After rebellion legislature passes debt relief laws

11. The Horrid Specter of Anarchy • Rebellion terrified propertied classes • Revolution created monster of “mobocracy” • Stronger central government needed • Conservatives wanted to protect position, property • Debtors, poorer people wanted feared powerful central government (would have to pay debts) • All groups agree need to change, question was how? • How would nationalists and states rightists be reconciled?

12. A Convention of Demigods • 1786- Convention called in Ananapolis, MD to figure out what to do about interstate commerce • 5 of 13 states show up, could not do anything to solve problem • Alexander Hamilton asked Congress to call a convention to rework the Articles • Congress reluctant, states elect delegates anyway

13. A Convention of Demigods • Only Rhode Island did not send delegates • May 1787- 55 delegates meet in Philadelphia • George Washington leader, Ben Franklin elder statesman • Washington legitimized convention • Sessions held in secret • James Madison, age 36, known as father of Constitution, profound student of government • Alexander Hamilton, 32, advocate of super powerful central government

14. Patriots in Philadelphia • 55 delegates • Conservative, wealthy (lawyers, merchants, land speculators) and young (avg. age 42) • 19 owned slaves • They were nationalists, wanted stable political structure • Central authority needed genuine power • Wanted to preserve union, protect property from “mobocracy”, curb unrestrained democracy • Wanted central government to control nation, international commerce

15. Hammering Out a Bundle of Compromises • Began to completely scrap Articles • Overthrow existing government by peaceful means • Large state plan vs. small state plan over representation in legislative branch • Deadlock broken by Great Compromise ( 2 house legislature on represented by population, one all representation equal) • Executive branch created, but power check by legislative branch • Indirect method of electing president (prevented unrestrained democracy)

16. Hammering Out a Bundle of Compromises Sectional Problems • Issues that dealt with the different economic and social problems in the North and south How to count slaves? • 3/5 Compromise- gave southern states more power (counted slaves as 3/5 of citizen) How to control trade? • North – Congress should be able to regulate foreign and interstate trade • South – Thought Congress would tax exports (goods sold to other countries) • South sold agricultural products to other countries, would cost them $$$ • South worried Congress would stop slaves from coming to US • Compromise: the southern states agreed that Congress could regulate trade as long as they would not tax exports, interfere with the slave trade before 1807

17. Keeping the Mob at Bay • All at convention agreed, needed stronger central government, sound monetary policy, protection of private property, manhood suffrage • Put up safeguards to excesses of mob • Federal judges selected for life, indirect election of president, senate • Only House of Representatives elected by people • Power based on consent of people, government limited by written constitution • People guarantee liberty, not the government

18. Clash of Federalists and Antifederalists • Framers knew it would be hard to ratify Constitution • Plan was once 9 states ratify it became law of the land • Many surprised at new constitution, saw power of states swallowed up

20. The Great Debate in the States • Special Elections held in states • Small states quickly ratify constitution • Mass. First real challenge, many suspicious of government power, worried about absence of Bill of Rights • Federalists said this would be taken care of and it passed • States that were opposed to ratification soon realized that they could not make it alone