Shaping a New Nation: Constitutional Evolution & External Challenges

1. Shaping the New Nation... Chapter 1 & 2 What got us here?

2. Review of American Revolution Question Handout

3. Setting up Government • As states were developing their own constitutions, the delegates as the Continental Convention had to begin the process of developing a federal constitution. • Questions delegates had to consider: • How would representation be determined? • By population or state (equal)? • Who has power? • Is the federal gov’t to be supreme or the state governments? • Who gets control of western lands?

4. How would representation be determined? • States were independent units • Equal as a unit, but unequal in land size, wealth, and population • Do the delegates represent the people or the states? • Should each state elect the same # of representatives regardless of population? • Should states with large populations have more representatives than small states? The decision: Each state would have one vote regardless of population!

5. Does this decision last? Ultimately, NO! They have to change it to please the large states!

6. Supreme Power? • Without supreme power—a gov’t could not function. • The solution: The Articles of Confederation (Nov. 1777) • Which called for the sharing of powers.

7. Articles of Confederation • State and federal gov’t shared powers • State was supreme in some matters, federal gov’t in others. • Confederation—alliance

8. Federal Powers • Declare war • Make peace • Sign treaties • Borrow money • Set standards for coins • Establish postal service • Deal with Native Americans Top 3 were most important

9. Problems • No separate EXECUTIVE branch to enforce the acts of Congress. • No national COURT SYSTEM to decide the meaning of the laws. • WE ONLY HAD A LEGISLATIVE BRANCH UNDER THE ARTICLES!!!!!

10. Western Lands • Some states had claim to western lands because of their original charters. • While others were now making demands for partial claim to lands west of the Appalachian Mtns. • B/c of fear that states who already had claims might grow and overpower smaller states. • 1781—all states gave up claims to western lands in order for the Articles to go into effect.

11. Western Lands • What do they do with them? • Land Ordinance of 1785: called for surveying of land in Ohio River Valley

12. Northwest Ordinance • Northwest Ordinance of 1787: land would be divided into no less than 3 nor more than five territories. Townships would be 6x6 miles. • Set up requirements for new state admission: • Congress would appoint a territorial governor and judges • Territory must have 5,000 voting residents • Allowing settlers to write a temporary constitution and elect their own gov’t. • Upon reach 60,000 settlers the area could write a state constitution to submit to Congress for approval of statehood.

13. Northwest Ordinance • Rights—freedom of religion, property rights, and the right to trial by jury • NO slavery in the territory

15. The Confederation begins to encounter problems! • Lacked national unity • States pursued their own interest • Confederation did not acknowledge the power of the people, b/c everything was considered equal by state. • GA (25K ppl)==MA (270K ppl) • Couldn’t change w/o state approval

16. The Confederation begins to encounter problems! • DEBT! • Revolutionary War had cost the nation $160 million. • Lacking the power to tax, Congress requested the states’ approval to impose a tariff. • States rejected, they argued that the Confederation Congress had no control over trade.

17. The Confederation begins to encounter problems! • Debts to the British could be collected in American courts • Problem: Congress could not force states to follow this • Congress pledge to return property that had been seized from Loyalist during the war • Problem: Congress could not compel the states to do this • Because Congress could not regulate trade or collect taxes, there was little they could do to force the British out

18. The Confederation begins to encounter problems! • Foreign relations: • Spain controlled the Mississippi River & closed it to American navigation. • Western farmers could not get crops to market.

19. Review of weaknesses under the Articles of Confederation • Congress could not tax • Congress could not regulate trade • Each state received one vote, regardless of population • 9/13 states needed to pass new laws • Articles could only be amended with approval of all states • No executive • No judicial • No national unity

20. Shay's Rebellion • Started when the government of Massachusetts decided to raise taxes instead of issuing paper money to pay off its debts. • Farmers were most affected, and often lost their farms • Farmers decided to rebel—they closed down several county courthouses to prevent farm foreclosures, and then marched to the state Supreme Court

21. Shay's Rebellion • Daniel Shays—a former captain in the Continental Army emerged as one of the rebellion’s leaders. • Shays and about 1200 farmers headed to the state arsenal intending to seize weapons before marching on Boston, troops were ordered, before they could arrive, Shays and farmers had attacked the local militia • Four farmers died, next day troops arrive and the rebellion is ended

22. Call for change • Rebellion and inflation were viewed as signs of a republic at risk • Fear was that poor people would gain control with a democratic government, therefore, merchants, artisans, and creditors began to argue for a stronger central government

23. Constitutional Convention • People who supported a strong central government were called “nationalist” • Nationalist include: G. Washington, John Adams, Ben Franklin, Alexander Hamilton, James Madison & Robert Morris • James Madison: member of the VA Assembly and head of its commerce committee, believed a stronger national government was greatly needed

24. Constitutional Convention • Madison called for a meeting to discuss taxation and trade • Discussed the weaknesses of the Articles • Alexander Hamilton called for a future meeting of delegates in Philadelphia in May 1787 • Every state except for RI sent a delegate to Constitutional Convention

25. Constitutional Convention • 55 delegates, majority were lawyers, some planters and merchants • Had previous experience in colonial, state of national government • 39 had been members of the Confederation Congress • 8 signed the Dec. of Independence • Chose G. Washington as presiding officer

26. Constitutional Convention • Meetings were closed to the public as a means of insuring “honest and open discussions” • Notable delegates also included: Franklin, Washington, Alexander Hamilton, Roger Sherman, and James Madison

27. Virginia Plan • VA delegates came to the Convention with their own plan, which proposed “A nation government ought to be established consisting of a supreme Legislative, Executive, and Judicial” body. • 2 house legislature, representatives reflect states population • Would benefit large states, because # representatives was reflective of state population

28. Virginia Plan • Delegates accepted the idea for 3 branches of government • Smaller states opposed the changes that would decrease their power, due to lack of representatives • Smaller states, therefore, proposed their own plan—the New Jersey Plan

29. New Jersey Plan • Did not abandon the Articles of Confederation • Modified them to make a stronger central government • Single house in which each state was equally represented • Federal government would also be given the right to raise taxes and regulate trade

30. Which plan to go with??? • Delegates voted to proceed with Virginia Plan • Decided to go beyond simply modifying the Articles, and moved to develop a new constitution

32. How would they develop a new Constitution? • Big states wanted to remain powerful • Little states wanted protection from larger more powerful states • Northern states and Southern states were divided as to how to go about treating slavery • A compromise had to be developed

33. Connecticut Compromise • Smaller states were angered by the decision to move along with the VA plan • Delegates threatened to walk out of the Constitutional Convention in Philly • Pointed out that the Convention could not last forever • Decision to compromise over the issues of representation became known as the Connecticut Compromise, also known as the Great Compromise

34. Franklin's Proposal • Ben Franklin proposed that state representatives in the House would depend on the states population • In the Senate there would be equal representation • Voters would elect the House, but state legislatures would elect senators

35. 3/5 Compromise • Disagreement over counting slaves. Southern states wanted them counted, Northern states did not • 3/5 Compromise reached, in which slaves would count as 3/5 of a person (every 5 slaves therefore counted as 3 persons)

36. Fearful Farmers • Farmers feared that more restrictions were to come • Fears importation of slaves would be banned • Southern states argued that Congress did not have the power under the new constitution to restrict trade

37. Ratification • Draft version of the Constitution was sent to Confederation Congress for approval • Nine of the thirteen states had to ratify in order for it to take effect • Created the principle of popular sovereignty—ruled by the people • Constitution also created the concept of federalism—government was divided between the federal and state governments

38. New Government • Separation of powers • Legislature, executive, judicial • Checks and balances • Presidential veto • Impeachment • Amendments

39. Questions to consider • What were some of the problems with the Articles of Confederation? What was the solution to the problems? • Who benefited from the VA plan, the NJ plan? • What were the important aspects of the Connecticut Compromise, aka Great Comp.?

40. Federalists vs. Anti-federalist • Federalists—supported Constitution • Wanted strong central gov’t; promoted taxation and trade, opposed tariffs and duties • Anti-federalist—opposed it • Wanted states to have equal control, tended to be lower to middle class people who could easily subside • Included: John Hancock, Patrick Henry, and various state governors

41. Federalist Papers Patrick Henry— Anti-federalist

42. The Federalist Papers • Arguments in favor of the ratification of the Constitution • Written by James Madison, Alex. Hamilton, and John Jay • Helped to explain the Constitution and the laws that derive from it

43. Ratification • Certain states were ready to accept the Constitution, while others called for the creation of a Bill of Rights. • 9 out of 13 states had to ratify the Constitution for it to take effect • By 1788 all states except NC and RI had ratified, they were only waiting for a Bill of Rights.

44. Government • Washington sought to create various cabinet offices. Cabinet—a group of advisers to the president. • Judiciary Act of 1789—established 13 district courts, 3 courts of appeals, and the Supreme Court.

45. Bill of Rights • First 10 amendments to the Constitution. • Demanded by the Anti-federalists before they agreed to ratification.

46. Tariff of 1789 • Tariff—required importers to pay a percentage of the value of their cargo before the cargo could proceed into the US. • Harmed southern farmers!!!

47. Hamilton and Finances Hamilton and Finances • Bonds—notes promising repayment of borrowed money with interest. • Hamilton felt the government needed to be able to borrow money in order to function. • Some argued that bonds harmed farmers, because they would not be paid back at value. • Speculators—people willing to take a risk in hopes of a future financial gain.

48. Bank of the United States Bank of the United States • Source of constant conflict!!! • Madison argued against a Bank saying it was not a enumerated power—power mentioned in the Constitution. • Hamilton argued it was possible, because it was a implied power—powers not mentioned, but implied as “necessary and proper.”

49. Bank of the United States Bank of the United States • Bank was created for 20 years, after Washington signed the creation into law.

50. Whiskey Rebellion • Whiskey Rebellion was the result of a tax on whiskey, which prompted farmers to terrorize tax collectors…and destroy stills of those who paid the taxes.