1

1777-1789

“What kind of government will wehave?”

Defining Nationhood and theConstitutional Crises of the 1780s

Articles of Confederation

Successes:•Won the war

•Land Ordinance of 1785

•NW Ordinance of 1787

•Treaty of Paris

Weaknesses:•Congress could not enact and collect

taxes.•Congress could not regulate interstate or

foreign trade.•Each state had only one vote in

Congress, regardless of population.•Nine out of 13 states needed to agree to

pass any law.•The Articles could be amended only if

all states approved.•There was no executive branch to

enforce laws of Congress.•There was no national court system to

settle congressional law disputes.

2

Articles of Confederation

The Land Ordinances

• Land Ordinance of 1785

• Northwest Ordinance of 1787

• Provided for the orderly and systematic settlementof western lands– Provided for small rural communities to have public

institutions– Provided requirements for statehood within the

territories

3

Map 7.1 The Confederation and Western Land Claims (p. 199)

The Old Northwest, 1785–1787

Northwest Ordinance animated

4

Annapolis Convention • 1786• Only 5 states

sent reps toAnnapolis, MD

• Madison andHamiltonconvinced othersanotherconventionneeded to beheld inPhiladelphia

• Congress askedstates to appointdelegations toPhiladelphia

Shays’s Rebellion - 1786

• Shays' Rebellion was aninsurgent movement led byDaniel Shays during 1786-1787in western Massachusetts.

• Fears generated by Shays'Rebellion helped to convincestates to send delegates to theConstitutional Convention thatmet in Philadelphia in 1787.

Source: ABC clio database.

5

Shays’s Rebellion

ConstitutionalConvention of

1787

• 55 delegates,12 states

• Well-educated,wealthy men

• Presidingofficer -Washington

• Behind closeddoors

• Some notablefigures - absent(Jefferson,Adams, JohnJay, PatrickHenry)

6

Who were the “Framers”?

• White Male Adults

• Landowners

• Some education

• Some were slave owners

• Lawyers

• Merchants

Representation: Two Plans

• New Jersey Plan– Small states

– Equal representationnot based onpopulation

• Virginia Plan– Large States

– Representation basedon population

7

James Madison

• Virginia Plan

• Father of theConstitution

• Most prepared of thedelegates

• Kept precise notes ofthe proceedings

• Virginia Plan proposed by thelarger states– Establish a national government

with 3 branches.– Establish a bicameral Congress.

• People elect 1 house

• That house elects 2nd house

– Representation in both housesbased on state population

• New Jersey plan proposed bysmall states– Establish a unicameral Congress

• Each state to have 1 vote

• Equal representation

– States equally represented similar tothe Articles of Confederation

Issues of representative government would be argued atConstitutional Convention

Virginia vsNew Jersey

8

Legislative Branch•Congress (Art. 1)

•Makes the law

Executive Branch•President (Art. 2)

•Carries out the law

Judicial Branch•Supreme Court (Art. 3)

•Interprets the law

3 Branches are separate, have different powers, co-equaland checks and balances on one another to make sure one

branch does not get to powerful

3 Branches of the Federal Government

The Great Compromise

• The Connecticut Plan(a.k.a. the GreatCompromise)

• Solved the biggestdispute of theConvention– Upper House (Senate)

equal representation– Lower House (House

of Representatives)proportionalrepresentation

9

CONGRESS

HOUSE OF REPESENTATIVES•Elected by the people

•Representatives based on population perstate…..

•More population the morerepresentatives you have

•2 year term•Satisfied larger states

Conn. Comp

SENATE•Elected by each state’s congress

•Equal representatives•2 representatives per state

•6 year term•Satisfied smaller states

•Great Compromise orConnecticut Compromise

•New Jersey Plan•Virginia Plan

•People to elect theirrepresentatives.•2 houses of Congress

•Bicameral

The Great Compromise

10

Other Compromises

• Slavery - 3/5 compromise - Slaves were counted as3/5 of a person for taxation and representation

• Trade - Commercial Compromise - Congresscould regulate interstate and foreign trade

• Chief Executive - term of office? (4 yrs) (fearedtoo strong of a central leader), electoral college -same number of representatives and senators fromeach state had an ‘electoral’ vote (feared too muchdemocracy)

• Ratification - called for 9 of the 13 states foracceptance

•Southern states

•slaves counted as part of thetotal state population.

•Why?

•more representatives inCongress.

•more voting power inCongress meant protecting self-interest of slavery.

•Northern states•objected and would onlyagree to compromise.•3 of every 5 slaves counted aspart of state’s total population.•supported by both North andSouth

•Northern states agreed to the 3/5’sCompromise only if the Southabolished the Slave Trade by1807……

•Agreement was made….North washoping slavery would eventuallyfade away and die out .

•This was their step towardsabolishing slavery.

11

Ratification• Submitted to states for approval

on Sept. 17, 1787• Fierce debate followed• Federalists vs. anti-Federalists• Ratified in June 1788 by 9

states• Virginia, New York (two major

states - #10 & #11 to ratify)• The Bill of Rights was one of

the first orders of business forthe new Congress– Fulfilled promise to protect

individual liberties to the skepticalanti-Federalist factions in keystates

Map 7.2 Ratifying the Constitution of 1787 (p. 208)

In order for the newConstitution tobecome the “law ofthe land”, 9 of 13states had to ratifythe Constitution.

1. Delaware 30 – 02. Pennsylvania 46 – 233. New Jersey 38 – 04. Georgia 26 – 05. Connecticut 128 – 406. Massachusetts 187–1687. Maryland 63 – 118. South Carolina 149 – 739. New Hampshire 57 – 4710. Virginia 89 – 7911. New York 30 – 2712. North Carolina 194 – 7713. Rhode Island 34 - 22

12

Ratification

Federalists vs. Antifederalists

• Federalists– Favored Ratification

– Favored stronger centralgovernment

– Washington & Madison(VA), Hamilton (NY), JohnJay, Franklin (PA)

– Published 85 essays called“The Federalist Papers”defending and explainingthe Constitution

– More organized

• Antifederalists– Opposed ratification– Feared strong central

government– Patrick Henry and George

Mason (VA), JohnHancock, George Clinton(NY)

– Feared government abuseof individual rights

– Called for a specific “Bill”of Rights

– Less organized

13

Art. 5, 6, 7

♣A strong national gov’t over the stateswas needed to protect “life, liberty,

property and the pursuit of happiness”

♣Constitution was a “sound” documentwhich “limited” the power of the national

govt.

♣Gave it power to settle problems withinthe country.

♣Representative democracy is what theconstitution was built on and stated in the

Preamble, We the People.

♣Appealed to more the wealthy, businessowners and educated.

•GeorgeWashington

• Ben Franklin,

•John Adams,

•James Madison

•AlexanderHamilton

Federalists

Art. 5, 6, 7Anti Federalists

•The national govt was too powerful and itwould take away your right to “life,liberty, property and the pursuit of

happiness”

•The constitution was a threat to the“rights” we fought for in the Revolution

•States” should have more authority thanthe national govt.

•Feared representative democracy wasthreatened because our rights were not

protected.

•Appealed to the common man, farmersand less educated

•Patrick Henry

•ThomasJefferson

•Sam Adams

•George Mason

•George Clinton(gov. of NY)

Anti Federalists

14

Federalist Papers

• John Jay• James Madison• Alexander

Hamilton• Series of Essays

published in a NYnewspaper

• Brilliantexplanations ofConstitution

The Federalist Papers

15

Signs and Seeds of Political parties

• These divisionsled to thebeginnings ofpolitical parties

• NOT formalorganizations(yet)

• Washingtonand othersfeared these“factions”

Evolution of Major Parties

16

Federalist & Antifederalist Strongholds, 1787–1790

Bill of Rights

• First 10 Amendmentsto the Constitution

• Listed basic “natural”rights

• A compromise to gainAnti-federalist support

• Madison drafted them

17

1. FREEDOM of Religion,Press, Speech, Assembly,Petition

2. RIGHT TO KEEP ANDBEAR ARMS

3. No QUARTERING ofsoldiers in peacetime

4. NO UNREASONABLESEARCH and SEIZURE

5. PROTECTION ofACCUSED

6. RIGHT TO A SPEEDY,PUBLIC TRIAL BY JURY

7. TRIAL BY JURY IN CIVILSUITS

8. NO EXCESSIVE FINES orCRUEL PUNISHMENT

9. POWERS RESERVED TOTHE PEOPLE

10. POWERS RESERVED TOTHE STATES

First 10 Amendments to theConstitution in 1791

Rights and freedoms won inthe Revolution are preserved

and protected…

Bill ofrights

The Bill of Rights

18

New Constitutiongave the NationalGovt. 60% ofgovernmentalpowers….NationalGovt. was over thestates……..

States given 40% ofgovernmentalpowers…States wouldhave some powers tocontrol their ownaffairs.

With the newconstitution, theNationalGovernment wasgiven the power totax, regulate trade,enforce its laws andover the states.National Govt. lawwould always beover the states.

US Govt 1789

How the Weaknesses of the Articles of Confederation wereCorrected by the Constitution

Articles of Confederation• States have most of the power and national govt.

has little.

• No executive to carry out the laws of Congress

• No national courts---only state courts

• 9/13 states have to approve a law before it goesinto effect

• Congress has no power to tax

• Congress can not regulate trade among thestates.

• Each state coined its own money. No nationalcurrency.

• Unicameral Congress

• Articles only a “firm league of friendship”

US Constitution• States have some power, but most power is given

to the national govt.– Federal Government

• Electoral College• 3 branches of govt.

– Executive---enforces law– Legislative---makes law– Judicial---interprets law

• Checks and balances• Congress given the power to tax, regulate trade

and enforce laws.• Only national govt. has the power to coin money• Bicameral (2 house) Congress• Equal Representation by States and a State’s

population• Constitution established a strong National Govt.

over the States and to form a more “perfect union”