Chapter 9 The Confederation and the Constitution Issues after the 1783

Treaty of ParisNew nation (think

historical categories) In an era of “all men are

created equal” what about slavery and women?

Mothers raised the future leaders of the Republic. This important work became called Republican motherhood.

Abolitionism began to take hold (especially with the Quakers of Philadelphia)

The Articles of ConfederationAll states had their own

state Constitutions that had been approved at state Constitutional Conventions

Most states had weak executives and stronger legislative branches because of the tradition of a King

The articles of Confederation (America’s first federal plan of government) was created in 1777 but was finally ratified by the state of Maryland in 1781

States were clearly soverign

Weaknesses and Success of the Articles of Confederation

WeaknessesNo chief ExecutiveCongress was pitifully

weak, it could not tax, regulate commerce or raise an army

States printed their own money and sought trade with nations on their own

Unanimous vote of states to amend the Articles

StrengthsBorrowed money to wage

revolutionary WarA model of a loose

federation of statesTwo significant pieces of

legislation passed….Land Ordinance of 1785 and Northwest Ordinance of 1787

The Land Ordinance of 1785It provided that the acreage of the Old Northwest (remember George Rogers Clark) should be sold and the proceeds used to pay off the national debtThe area (5 future states) would be surveyed before settlement and then divided into townships (six miles square), which would then be divided into 36 square sections (1 square mile) with one (section 16) set aside for public schools

The Northwest Ordinance of 1787•Answered the question of how new areas become states once people arrived there•Statehood would be a two stage process…•When 60,000 inhabitants are in area they would write a state constitution and send it to Congress for approval, if approved a new state was created with equal footing to the original 13 states

The ordinance prohibited slavery in the region, at a time when northeastern states such as New York and New Jersey still permitted it. The text of the ordinance read, "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crime, whereof the party shall have been duly convicted." In reality, slaves were (illegally) kept in parts of the territory, and the practice of indentured servitude was tacitly permitted.

Major issues under the Articles of ConfederationEconomicBefore the Revolution lots

of trade with England…now little

Some industries in England do flood states with cheap goods (hurt US businesses)

Inflation ran highWhere new opportunities

for trade with other countries (example Empress of China began China trade)

States had own tariffs and tax barriers

Diplomatic Britain continued to hold

western frontier forts and even tried to annex Vermont with help of Allen brothers

Spain closed Mississippi River to American Commerce

Spain and England stirred up the Indians in the western frontier

France demanded Revolutionary War payments

The Dey of Algiers (Barbary pirates) seized American shippers

7

The new nation in 1783

Shay’s Rebellion Shays' Rebellion was an

armed uprising in Central and Western Massachusetts from 1786 to 1787. The rebels, led by Daniel Shays and known as Shaysites (Regulators), were mostly poor farmers angered by crushing debt and taxes. Failure to repay such debts often resulted in imprisonment in debtor's prisons or the claiming of property by the state.

The rebellion started on August 29, 1786. A militia that had been raised as a private army defeated an attack on the federal Springfield Armory by the main Shaysite force on February 3, 1787. There was a lack of an institutional response to the uprising, which energized calls to reevaluate the Articles of Confederation and gave strong impetus to the Constitutional Convention which began in May 1787.

Annapolis Convention

•As a result of Shay’s Rebellion James Madison and Alexander Hamilton called for a convention to address weaknesses of Articles of Confederation•Only five states attended but delegates decided to meet again

Notes from Annapolis

Convention

Constitutional Convention

•In May of 1787 , 55 delegates from 12 states (not RI) meet to discuss revising the articles of Confederation•Washington, Hamilton, Franklin and James Madison, “The Father of the Constitution” were present•Jefferson, John and Sam Adams, Patrick Henry and Thomas Paine were not present• The young delegates decided that to preserve the union, establish a strong democracy at home and protect American interests abroad a completely new Constitution was needed

The delegates quickly decided to scrap the Articles of Confederation and create a new Constitution.The Constitution is called a “Bundle of Compromises”. The delegates drafted a Preamble and Seven Articles that discuss the make up of the United States Federal Government.

PreambleArticle 1 Legislative branchArticle 2 Executive BranchArticle 3 Judicial BranchArticle 4 Relationships Among StatesArticle 5 Amending the ConstitutionArticle 6 States Constitution is Supreme Law of LandArticle 7 Ratifying the ConstitutionAmendments(First 10 Amendments called the Bill of Rights)

The Preamble to the Constitution

Article 1The Legislative Branch Created as a result of the Great

Compromise, which included the 3/5ths clause.

Large state plan, or Virginia Plan, proposed by James Madison. A bicameral legislature based on population.

Small state plan, or New Jersey Plan, proposed by William Paterson proposed a unicameral legislature based on equal representation.

Great Compromise or Connecticut Plan, proposed by Roger Sherman and Oliver Ellsworth created a bicameral legislature based on equal representation in an upper house (Senate) and lower house (House of Representatives) representation would be based on state’s population.

For purposes of taxation and representation slaves would count for 3/5ths (clause) of a person when a census was taken (required every ten years by law to adjust House of Representatives) International slave trade to end in 1808.

Qualifications for Senate / House of Representatives

Senate30 years oldLive in America for 9 yearsLive in state representServes a 6 year termUnlimited terms

House of Representatives25 years oldLive in America for 7 yearsLive in district of the state

you representServes a two year termUnlimited terms

Powers of United States Senate and House of Representatives

United States Senate Declare warApproves Presidential

appointmentsHears impeachment trialsOverride Presidential veto

by 2/3rds voteApproves foreign treatiesPropose AmendmentsElect Speaker of the House

(third in line for Presidency / calls to floor legislation)

Create own rules of order

House of Representatives

Declare WarLay and collect TaxesBring impeachment

chargesOverride Presidential veto

by two thirds votePropose AmendmentsEstablish patentsMaintain an armyElect own leadersCreate own rules of order

Article 2The Executive Branch Delegates feared a strong Executive based

on experience with English monarchy. In effect the delegates created the Presidency for George Washington.

Presidential responsibilities and powers consisted of the power as commander-in-chief of armed forces, power to appoint Supreme Court justices, federal judges, and power to veto Congressional legislation. President responsible to deliver state of the union speech once a year. President has power to pardon. By tradition President proposes budget and appoints a Cabinet of advisors.

The Vice-President presides over Senate (cast tie breaking vote) and replaces President if President dies, resigns or is removed from office by impeachment proceedings.

Qualifications for office: Born in US, live in US for 14 years, 35 years old.

Can serve two terms or maximum of 10 years.

Electoral CollegeElection of PresidentFearing the “mob”

delegates decided an electoral college would directly elect President based on indirect vote of people. Electoral College is determined by state totals of United States Senators (constant) plus number of representatives (variable)

2 (Senators)+ x (Representatives) = electoral vote of state

Currently 538 electoral votes / 270 needed to elect President

Article 3 Judiciary BranchA Supreme Court and

other Courts Congress deems necessary.

Supreme Court interprets Constitution

Supreme Court has 9 justices including a Chief Justice

Hears cases it decides to that involve Constitutional questions

The constitution is a series of checks and balancesExamplesPresident commander-in-chief but Congress pays for and

declares warLegislature makes laws, President enforces laws, Supreme

Court interpretsPresident may veto laws, Congress can override the veto by

two thirds votePocket veto…Congress adjourns and President can not send

veto back…bill is considered vetoedPresident and federal judges impeached by House, tried by

SenatePresident power to vetoWhich of the three Branches is more powerful?

Articles 4 and 5Article 4 Relations

between statesCitizen in every

stateExtradition of

criminalsCongress admits

new and equal states States guaranteed a

Republican form of government

Article 5 Amendment Process

2/3rds of both houses of Congress propose an Amendment and 3/4ths of state legislatures (or state conventions) approve an Amendment

No amendment can change number of Senators from each state

Articles 6 and 7Article 6 General

ProvisionsDebts of Confederation

assumed by new United States

The Constitution, new federal laws, and foreign treaties are law of the land

Officeholders bound by oath to uphold Constitution

Article 7 Ratification Process

When nine states approve Constitution it is Supreme Law of Land

The Great Debate To approve or not approve the new Constitution

Federalist Anti-FederalistPromoted new

Constitution as necessary to create strong federal government to deal with both domestic and foreign issues

Many were former Loyalist, owners of substantial property, and from the eastern seaboard

More state’s righters that feared a centralized power

Many were laborers, lived on frontier

State Conventions were called to ratify the Constitution•By June 21, 1788 9 states had ratified Constitution making it the Supreme Law of the Land.• Four laggard states (Virginia, New York, North Carolina and Rhode Island)• The Federalist Papers, written by John Jay, James Madison, and Alexander Hamilton sought to convince laggard states to approve Constitution. •Rhode Island held out to approve document until a Bill of Rights was approved.•The minority had triumphed again, only ¼ of white males voted at all towards ratifying the Constitution. Also, as first written only ¼ of the four parts of the federal government were voted on by “We the People”

The Federalist Papers

The Father of the

Constitution

"Ambition must be made to counteract ambition. ... In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."

- James Madison, Federalist Papers, number 51