THE CONFEDERATION AND THE CONSTITUTION

1. THE CONFEDERATION AND THE CONSTITUTION Chapter 9

2. Changes In Society Caused By Revolution • Exodus of loyalists/conservatives • New Patriot elite • Ethic of “democracy” • Gains in separation of church and state • Slavery started to be challenged • More equality for women • “Republican Motherhood”

3. Early Emancipation in the North

4. Constitution Making In The States • 1776, Continental Congress called on colonies to draft new constitutions • Why? • Common features of state constitutions • Intended to represent fundamental law • All deliberately had weak executive and judicial branches • All legislatures had great powers • Most legislatures elected annually

5. Economic Crosscurrents • Most Americans worse off economically • Runaway inflation • Heavy state and national debt • Economic Democracy. • Manufacturing stimulated. Why? • New Markets • Empress of China

6. A Shaky Start Towards Union • America was much more a name than a real country. • Challenge—Bind the 13 states together • Economy didn’t help • Hopeful signs: • Similar governments • Similar culture • Great Leaders

7. Articles of Confederation • Nature of Second Continental Congress • Locus of Sovereignty. • in 1776, Congress appointed a committee to draft a written constitution for the new nation • Articles of Confederation was the result • adopted by Congress in 1777 • ratified by all 13 colonies in 1781 • Western Land Dispute holds up ratification

8. Western Land Cessions

9. Defects in the Articles • Articles of Confederation destined for failure. • States no longer completely independent, but central government had little power over them. • National government dealt only with common affairs such as trade and foreign relations. • What are major defects?

10. Landmarks In Land Laws • Art. of Confed. Congress passed important legislation that dealt with the Old Northwest. • Territory of Ohio Valley ceded by the states to Nat. government. • Land Ordinance of 1785 • Survey and Sale • Northwest Ordinance of 1787 • governance

11. Land Ordinance of 1785 • Old Northwest to be sold and the proceeds used to pay off the national debt. • Land surveyed. • Land divided into townships 6 miles squared. • Each split into 36 sections of 1 square mile each (640 acres). • Land to be sold for not less than 1$ an acre. Had to buy a minimum of 640 acres (1 section). • 16th section of each township was set aside to be sold with proceeds used for benefit of public schools.

12. Surveying the Old Northwest

13. Northwest Ordinance of 1787 • Divided the land into five areas (Ohio, Illinois, Michigan, Wisconsin and Indiana). • Basic premise: Could become states equal to original 13. • Two evolutionary territorial stages • When territory had 60,000 inhabitants, it could draft state Constitution and petition for admission as state by Congress • Slavery prohibited

14. The World’s Ugly Duckling • England a thorn in US side. How? • refused to enter into a trade treaty, • Refused to repeal the navigation Laws. • shut off their West Indian trade from the U.S. • refused to abandon its forts in NW along border. • Reasons stated • Real reasons • Why doesn’t Congress impose trade restrictions?

15. Spain and France • Spain was also hostile to United States. • New Orleans right to deposit issue • Spain and South Eastern Indians • Disputed Territory • France also getting hostile over debt. • North African pirates raid our shipping

16. The Horrid Specter Of Anarchy • During the mid-1780’s, the economic situation in America was in dire straits. Examples • Nation’s credit was going bad. • Interest on debt accumulating. • States not paying their share of taxes. • Fed. Gov’t broke. • Other problems? • States try two things to raise money. • Create inflation by printing more dollars • Raise property taxes

17. Shay’s Rebellion • Shay’s Rebellion • Who is most freightened by Shay’s Rebellion and other outbreaks? • What are their concerns? • Fear of Mobocracy. • Need stronger federal government. • Perception that civic virtue not working • Perception that civil authority not sufficient to control the people. • Perception that government too closely controlled by the people is ineffective.

18. Prelude to Constitution • What power did conservatives most want national government to have? • Annapolis Convention 1786 • Only 5 states showed up • Alexander Hamilton saves with his report calling for a Constitutional Convention the next year to amend the Articles.

19. Constitutional Convention • Congress not eager to call a constitutional convention • Finally called a convention “for the sole and express purpose of revising” the Articles of Confederation • Every state but Rhode Island chose a representative • 55 delegates from 12 states met in Philadelphia on May 25, 1787 • All selected by the state legislatures who themselves were chosen only by landowners • Sessions held in complete secrecy. Why?

20. Constitutional Convention • Nature of the Delegates • George Washington was unanimously elected chairman • Ben Franklin was the elder statesman and the oldest at 81 • James Madison dubbed “Father of Constitution” — because of his contributions to the constitution.

21. Characteristics of Delegates • Delegates were conservative and well off • Young but experienced statesmen • Nationalists • Wanted a strong government so that could have unified trade laws • Wanted to stop unrestrained democracy

22. Hammering Out A Bundle Of Compromises • Decided to completely scrap Articles and start fresh • Most significant issue? • Large State’s Plan (Virginia Plan) • Small State’s Plan (New Jersey Plan) • Great Compromise (Connecticut Plan) • Revenue Bills • Presidency • 3/5 Compromise • Slave Trade Compromise

23. Safeguards For Conservatism • Delegates agreed that unbridled democracy should be limited. • Constitution was designed to be a bulwark against Mobocracy. Examples: • Federal judges were to be appointed for life • President elected indirectly by Electoral College • Senators to be chosen indirectly by state legislatures • House the only part of federal government chosen directly by the people

24. Check’s On The Power Of Government • People voted • Powers of National Government were limited. • It could only exercise power in those areas that the constitution specified. * • All other governmental functions reserved to states.

25. Signers of the Constitution

26. Federalists And Anti-federalists • Framers knew that would be difficult to get national acceptance of the Constitution. • Number of states necessary to ratify? • Ratification through state conventions. States themselves decided how delegates to convention selected. • Why were many people against the Constitution?

27. Federalists And Anti-federalists • Federalists support the Constitution • Anti-Federalists oppose the Constitution • Characteristics of Federalists: • supported a strong central govt. and, thus, the Constitution. • more respectable, mostly propertied people, educated • lived in settled areas along seaboard — mostly conservative • George Washington, James Madison, John Marshall.

28. Anti-federalists • Characteristic of Anti-Federalists • Advocates of states’ rights • Believed that strong central government was a threat to individual liberty • Back country people, less educated, and illiterate. • Wanted a bill of rights to protect the few individual freedoms they had. • believed that state sovereignty was being submerged—It was!!

29. The Struggle over Ratification

30. Great Debate In The States • Four states accepted right away— Delaware (first), Pennsylvania, New Jersey, Georgia, then Connecticut • Massachusetts was 6th but VIP. Why? • Maryland, South Carolina, New Hampshire next • New Hampshire made it official with nine

31. Four Laggard States • Even though Nine had ratified, two most populous states, New York and Virginia, had not. • These states were critical to the new nation • New York the toughest battle. Convention had an anti-federalist majority. • Federalist papers written to try to turn the tide in New York

32. Federalist Papers • Written by John Jay, Alexander Hamilton, James Madison. • Written anonymously • 85 Federalist papers give lasting insights into the meaning of the constitution by those who drafted it.

33. Ratification • New York Ratified in part because of federalist papers, in part because Va. and New York Recognized that it couldn’t go it alone. • North Carolina and Rhode Island, the two cantankerous states, are the last to ratify.

34. A Conservative Triumph • Sovereignty still with people, but now checks on mobocracy • Moved power from the states, where embodied in one strong branch of government, to the national government were embodied equally in three branches of government • All 3 branches represent the people, and the system of checks and balances protects them. • Constitution as peaceful counter-revolution.