THE HISTORY OF THE UNITED STATES 1492-1865

LECTURE 5FROM CONFEDERATION TO

CONSTITUTION

THE SOCIAL IMPACT OF THE REVOLUTION

• the revolution of the elite• elimination of slavery in the North• little change in the position of women, but Abigail

Adams’ letter to her husband warns the Founding Fathers to take the needs of women into consideration

• the weakening of the Anglican church, only Virginia continues to provide state support

• property qualifications reduced, but no universal male suffrage

 

THE FIRST GOVERNMENT, THE ARTICLES OF CONFEDERATION

• Previous governmental developments: The Albany Congress during the French and Indian War

• 1776: July 12, A draft of the Articles of Confederation is submitted to the Congress

• 1777: Congress adopts the Articles of Confederation and Perpetual Union

• 1781: March 1 The Articles of Confederation is officially in force

WHAT IS A CONFEDERATION?

• a loose alliance of member states • the member states have more powers than

the central government or governing body, • U.N., or Confederacy during the Civil War• ideal solution for fighting the war • ”rally round the flag”

ACHIEVEMENTS

• Treaty of Paris 1783• Northwest Ordinances 1784, 1785, (1787)• Regulation of the Northwestern Territory• Area between the Mississippi and Ohio rivers• -elimination of slavery• -guidelines for statehood (population 60,000)• -establishment of 10 districts• -laying the foundation of public schools

WEAKNESSES

• weak central government• -main authority: foreign policy• -conduct war and diplomacy• -no power to tax or raise an army• -amendments can be done only with the

approval of all 13 states• -Shays’s Rebellion 1786-87 fear of anarchy• -1786 September 11-14 Annapolis Convention

THE CONSTITUTIONAL CONVENTION OR THE GRAND CONVENTION

• 1787 May-September Philadelphia• The Founding Fathers• -55 delegates• -average age 42• -representing 12 states exception: Rhode

Island• -landed, merchant business elite

IMPORTANT DELEGATES

• George Washington, presiding officer• James Madison, father of the Constitution• Benjamin Franklin, oldest delegate• George Mason, father of Bill of Rights

MAIN INFLUENCES

• Montesquieau The Spirit of Laws• -Separation of powers• Madison “If people were angels no

government would be necessary”• A mistrust of the average individual• Greek political philosophy• Polish and Iroquois Constitutions

THE CONVENTION

• takes place in secret• notes taken by James Madison• main activity: compromises• conflicting blue prints for government

THE GREAT COMPROMISE OR CONNECTICUT COMPROMISE

• -Two competing plans for government• -large states vs. small states (population)• -slave holding vs. non-slaveholding states

Virginia Plan (large states’ plan)

• Separate executive , legislative, and judiciary branch

• Bi-cameral Congress • lower house will be represented upon

population• upper house chosen by lower house

New Jersey Plan (small states’ plan)

• Unicameral legislature• Equal representation regardless of population

SOLUTION

• Connecticut Compromise• Bicameral legislature• Representation by population in lower house

House of Representatives• Equal representation in upper house, Senate

SLAVERY ISSUE

• 3/5th Compromise• For purposes of representation and taxation, slaves are

counted as 3/5• Northern state• Population 200,000• Southern state • Population • 150,000 free persons• 50,000 slaves• with 3/5 compromise slaves counted as 30,000• thus instead of 200,000, the population is considered at

180,000

SLAVE TRADE

• Importation of slaves is outlawed as of 1808• South: for 20 years slaves could be brought in• North: slave trade will eventually be made

illegal

THE PRODUCT. THE CONSTITUTION OF THE UNITED STATES

• Structure:• Preamble• Article One: Powers of Congress• Article Two: Powers of the Executive• Article Three: Powers of the Judiciary• Article Four: Interstate Relations• Article Five: Amendment process• Article Six: Supremacy clause• Article Seven: Ratification: Nine states were required first:

Delaware, ninth: New Hampshire, Constitution goes into effect in June 1788

• Bill of Rights (1791)

MAIN PRINCIPLES

• Separation of Powers three branches of government• Checks and Balances built in guarantees that none of the

three branches can dominate the other• Congress: impeachment “High crimes and misdemeanors”• President: veto power• Supreme Court judicial review the power to decide

whether the acts of Congress or the President are constitutional or not

• Federalism: The division of power between the state and central government

EVALUATION• Omission of minorities, women• “We the people” the elite• Charles Beard An Economic Interpretation of the

Constitution (1913)• The Constitution as an economic conspiracy of

the rich against the poor, Exaggerated view • Greatest achievement: establishment of a

working government• Greatest asset: through the amendment process

it provides for adjustments in the future