Articles of Confederation and the Constitution

1. Articles of Confederation and the Constitution Chapter 9

2. Articles of Confederation (US Governing document 1781-1789) • Fear of centralized authority • Reserved states’ sovereignty • Citizens of State first, United States second • Structure • Unicameral Congress, chosen by state legislatures each state one vote. • Limitations • no Congressional power to tax (request funds from states) • no power to regulate foreign or interstate commerce • no judiciary • no true executive (military, financial, diplomatic affairs handled by Congressional committees) • ratification had to be unanimous • MD delayed due to western land claim conflicts • VA and NY both claimed large areas N. of the Ohio River • 1781 all land claims ceded, Ratification final

4. The Confederation • John Dickinson and the “Articles of Confederation and Perpetual Union” • State sovereignty and equality • Congress must requisition money from states • Ratification process • All 13 had to agree • Stalled over western land claims • Approved 3-1-1781 (Note war was fought for 5 years with no document of government, under the direction of the Continental Congress!)

5. Financing the War • Borrowed abroad, printed paper money ( “Continentals” - generally accepted as worthless “not worth a Continental”) • Newburgh conspiracy - threatened revolt by Army if taxation authority not granted by states, nipped in bud by Washington • Brits banned imports from America to Caribbean islands unless in British hulls, America in depression by 1784

7. The West • Millions of acres north of the Ohio River (the “Old Northwest”) • coveted by speculators, settlers (Indians had other ideas) • Ordinance of 1785 • provided procedures for survey and sale of new lands in Old Northwest • established township as basic unit, subdivided into sections (640 acres per section) • one section reserved for schools

8. Northwest Ordinance of 1787 • provided for statehood procedures for new territories • initial settlement - Congress appoints territorial Governor and Judges • when 5000 adult males, draft temp. constitution, elect legislature • when 60,000 total pop. Draft state constitution, approved by Congress, admitted as state • forbade slavery in these regions (while territories) • Collectively, these two laws are the only lasting beneficial acts of the Articles of Confederation, but little immediate effect because Indians were determined to keep settlers out

9. Shays’ Rebellion • Mass government decides to pay off all war debts in 3 years (totally unreasonable) • Demands all taxes (increased to pay debt) be paid in specie (gold or silver ) instead of paper • Impossible for many , especially small farmers, many of whom paid debt by barter, exchange of services • Desperate recession in western counties, already • 1786 - Daniel Shays leads rebellion against Massachusetts government • Attempts to shut down courts in three counties • Wanted to stop foreclosures, sheriff’s sales of farms • Stopped by Mayor of Boston’s private army, but supporters won him a pardon, and took control of legislature in1787, lowered taxes

10. Importance of Shays’ Rebellion • Showed weaknesses of government under Articles • Gave weight to arguments for a stronger Federal system • Fear of “mobocracy”, since Shays had threatened to seize weapons at government arsenal at Springfield • Nationalists used Shays to argue the need for stronger Central Government • Fueled growing dissatisfaction with trade arguments between states and currency issues • Came just after meeting called by Washington and others at Annapolis MD to discuss interstate commerce and other issues • These delegates called for a convention at Philadelphia in 1787

11. Constitutional Convention – Philadelphia 1787 • All but Rhode Island sent delegates • Immediately realized Articles of Confederation could not be fixed, and due to requirement for unanimity could probably not even be amended • Closed meetings to public • Kept no official record • Most delegates “Nationalists” • many had sat in Congress, understood weaknesses of “Articles” • believed without stronger central Gov’t, nation would disintegrate • Two basic issues • They were sent to fix the articles, could it happen? No! • How to balance large state/strong state interests?

12. Virginia Plan • James Madison called for establishment of National Govt. instead of confederation of sovereign states • Federal Gov’t to have sovereign powers over states • unrestricted rights to legislate, tax, use force against states if necessary • Bicameral legislature, representation in both houses fixed by population of each state • Lower house elected, upper house members chosen by state legislatures nominees, selected by voters

13. New Jersey Plan • Single chamber Congress • Each state had equal vote (like the Articles) • Also made federal Gov’t supreme law of the land, states not sovereign

14. Divisive Issues • Representation in Congress • Small states favored equal number of reps • Large states favored having more clout due to more people • Compromise (The “Great Compromise” ) • bicameral legislature • equal votes in upper house for each state • proportional votes by population in lower house • this was the sticking point, resolved July 17, 1787 • Slaves • Slave states wanted slaves counted as persons for deciding representation (Some Southern states were already almost 40% slave) • Northern states didn’t want South to be able to count for representation persons who had no political or legal rights (but did understand southerners claims that slaves were property) • Compromise: “The Three-Fifths Compromise” • slaves would be counted as 3/5 of a person for representation • slave trade (importation of slaves) would end 20 years after ratification • Commerce • Congress would have authority “to regulate commerce between the several states” • Congress would never be able to place tariffs (taxes) on exports (in other words, tax American agricultural or industrial products sold over seas) but would be able to place tariffs on imports