The Evolution from Articles of Confederation to Constitution

1. Why did we need a new Constitution?

2. The Articles of Confederation • Created during the Revolutionary War • The states retained their sovereignty and operated independently of the federal government • No executive, federal courts • A single-chamber Congress with each state getting one vote • Amendments had to be unanimous

3. Shortcomings -- military • States often refused to provide soldiers or supplies during the Revolutionary War resulting in the shortages at Valley Forge and an uncertain supply of soldiers for Washington • Standing army dissolved after Revolutionary War • US surrounded by potential enemies: Native tribes to the West, France in the Louisiana Territories, British In Canada, Spain in Florida

4. Why create such a weak system? • States had different cultures, religious traditions, political rights and organizations • Most people held more loyalty to their states than to the federal • When the Articles were being created the Founders were concerned about oppressive, distant governments

5. Problem comes to a head • Unpaid debt to Britain (for seized Royalist properties and money loaned by other countries) risks another war with Britain • New York allowed its ports to be used by a band of pirates • Georgia was conducting its own foreign policy by negotiating with Native tribes • Rhode Island pursued a policy of hyperinflation to help debtors

6. Shay’s Rebellion • Poor farmers in Massachusetts attempted to stop foreclosures on their farms by shutting down the local courts • State militia was unwilling to initially put down the rebellion (as many of the rebels were also members of the state militia) • No federal army • Boston Merchants hired an army to put it down

7. The Convention • Originally just slated to revise the Articles – 12 states sent delegates • Quickly became clear that the delegates planned to rewrite the Articles, not just amend them

8. Virginia plan • James Madison wanted to weaken the states and strengthen the Federal government (as was thus a “Federalist”) • His plan created a legislature directly elected by the people – seats were allotted based on population • That federal legislature could nullify state laws if they were “incompetent” • There would be an executive and judiciary appointed by the legislature

9. New Jersey plan • Sticks with a unicameral legislature with each state getting the same number of seats • A plural executive chosen by the legislature but could be removed by majority of state governors • Congress retains limited ability to tax or regulate the states

10. Connecticut Compromise • House is directly elected by the people, Senate elected by the state legislatures with the same number of seats per state • Congress gets to regulate trade “among the several states”, create an army, raise taxes, and their acts are “supreme” to contradictory state acts • President elected indirectly by the people • Federal Court is nominated by the President and confirmed by the Senate

11. But will it get ratified? • Sept 17, 1787 – 41 of the original 55 delegates sign the new constitution • Five states ratify in the fall (nine needed) – Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, • February 1788 - Massachusetts -- starts: 177 yes – 178 no – ends: 187 yes 168 no • June 1788 - New Hampshire -- starts 52-52, ends 57-47 • June 1788 - Virginia – starts 84-84, ends 89-79 • June 1788 - New York – starts 19-46, end 30-27