1777-1789 “What kind of government will we have?” Defining Nationhood and the Constitutional Crises of the 1780s

1777-1789

“What kind of government will we have?”

Defining Nationhood and the Constitutional 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.

Articles of Confederation

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The Land Ordinances

• Land Ordinance of 1785

• Northwest Ordinance of 1787

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

institutions– Provided requirements for statehood within the

territories

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

The Old Northwest, 1785–1787

Northwest Ordinance animated

The Northwest Ordinance: 1787

Annapolis Convention • 1786• Only 5 states

sent reps to Annapolis, MD

• Madison and Hamilton convinced others another convention needed to be held in Philadelphia

• Congress asked states to appoint delegations to Philadelphia

Shays’s Rebellion - 1786

• Shays' Rebellion was an insurgent movement led by Daniel Shays during 1786-1787 in western Massachusetts.

• Fears generated by Shays' Rebellion helped to convince states to send delegates to the Constitutional Convention that

met in Philadelphia in 1787. Source: ABC clio database.

Shays’s Rebellion


Constitutional Convention of

1787

• 55 delegates, 12 states

• Well-educated, wealthy men

• Presiding officer - Washington

• Behind closed doors

• Some notable figures - absent (Jefferson, Adams, John Jay, Patrick Henry)

Who were the “Framers”?

• White Male AdultsWhite Male Adults

• LandownersLandowners

• Some educationSome education

• Some were slave Some were slave ownersowners

• LawyersLawyers

• MerchantsMerchants

• White Male AdultsWhite Male Adults

• LandownersLandowners

• Some educationSome education

• Some were slave Some were slave ownersowners

• LawyersLawyers

• MerchantsMerchants

Representation: Two Plans

• New Jersey Plan– Small states

– Equal representation not based on population

• Virginia Plan– Large States

– Representation based on population

James Madison

• Virginia Plan• Father of the

Constitution• Most prepared of the

delegates• Kept precise notes of

the proceedings

• Virginia Plan proposed by the larger states– Establish a national government

with 3 branches.

– Establish a bicameral Congress.• People elect 1 house

• That house elects 2nd house

– Representation in both houses based on state population

• New Jersey plan proposed by small states– Establish a unicameral Congress

• Each state to have 1 vote

• Equal representation

– States equally represented similar to the Articles of Confederation

Issues of representative government would be argued at Constitutional Convention

Virginia vs New Jersey

Legislative BranchLegislative Branch•Congress (Art. 1)

•Makes the law

Executive BranchExecutive Branch•President (Art. 2)

•Carries out the law

Judicial BranchJudicial Branch•Supreme Court (Art. 3)

•Interprets the law

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

branch does not get to powerfulbranch does not get to powerful

3 Branches of the Federal Government

The Great Compromise

• The Connecticut Plan (a.k.a. the Great Compromise)

• Solved the biggest dispute of the Convention– Upper House (Senate)

equal representation– Lower House (House

of Representatives) proportional representation

CONGRESSCONGRESS

HOUSE OF REPESENTATIVESHOUSE OF REPESENTATIVES•Elected by the peopleElected by the people

•Representatives based on population per Representatives based on population per state…..state…..

•More population the more More population the more representatives you haverepresentatives you have

•2 year term2 year term•Satisfied larger statesSatisfied larger states

HOUSE OF REPESENTATIVESHOUSE OF REPESENTATIVES•Elected by the peopleElected by the people

•Representatives based on population per Representatives based on population per state…..state…..

•More population the more More population the more representatives you haverepresentatives you have

•2 year term2 year term•Satisfied larger statesSatisfied larger states

Conn. Comp

SENATESENATE•Elected by each state’s congress

•Equal representatives•2 representatives per state

•6 year term•Satisfied smaller states

SENATESENATE•Elected by each state’s congress

•Equal representatives•2 representatives per state

•6 year term•Satisfied smaller states

•Great Compromise or Connecticut Compromise

•New Jersey Plan•Virginia Plan

•People to elect their representatives.•2 houses of Congress

•Bicameral

The Great Compromise


Other Compromises

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

• Trade - Commercial Compromise - Congress could regulate interstate and foreign trade

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

• Ratification - called for 9 of the 13 states for acceptance

•Southern states

•slaves counted as part of the total state population.

•Why?Why?

•mmore representatives in Congress.

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

•Northern states •objected and would only agree to compromise. •3 of every 5 slaves counted as part of state’s total population.•supported by both North and South

•Northern states agreed to the 3/5’s Compromise only if the South abolished the Slave Trade by 1807……

•Agreement was made….North was hoping slavery would eventually fade away and die out .

•This was their step towards abolishing slavery.

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 for the new Congress– Fulfilled promise to protect

individual liberties to the skeptical anti-Federalist factions in key states

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

In order for the new Constitution to become the “law of the land”, 9 of 13 states had to ratify the 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

Ratification


Federalists vs. Antifederalists

• Federalists– Favored Ratification

– Favored stronger central government

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

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

– More organized

• Antifederalists– Opposed ratification– Feared strong central

government– Patrick Henry and George

Mason (VA), John Hancock, George Clinton (NY)

– Feared government abuse of individual rights

– Called for a specific “Bill” of Rights

– Less organized

Art. 5, 6, 7

A strong national gov’t over the states was needed to protect “life, liberty, life, liberty,

property and the pursuit of happinessproperty and the pursuit of happiness”

Constitution was a “sound” document which “limited” the power of the national

govt.

Gave it power to settle problems within the country.

Representative democracyRepresentative democracy is what the constitution was built on and stated in the

Preamble, We the PeopleWe the People.

Appealed to more the wealthy, business owners and educated.

•George Washington

• Ben Franklin,

•John Adams,

•James Madison

•Alexander Hamilton

Federalists

Art. 5, 6, 7Anti Federalists

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

happinesshappiness”

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

•States” should have more authority than the national govt.

•Feared representative democracyrepresentative democracy was threatened because our rights were not

protected.

•Appealed to the common man, farmers and less educated

•Patrick Henry Patrick Henry

•ThomasThomasJefferson Jefferson

•Sam AdamsSam Adams

•George MasonGeorge Mason

•George Clinton George Clinton (gov. of NY)(gov. of NY)

Anti Federalists

Federalist Papers• John Jay• James Madison• Alexander

Hamilton• Series of Essays

published in a NY newspaper

• Brilliant explanations of Constitution

The Federalist Papers


Signs and Seeds of Political parties

• These divisions led to the beginnings of political parties

• NOT formal organizations (yet)

• Washington and others feared these “factions”

Evolution of Major Parties

Federalist & Antifederalist Strongholds, 1787–1790

Bill of Rights

• First 10 Amendments to the Constitution

• Listed basic “natural” rights

• A compromise to gain Anti-federalist support

• Madison drafted them

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

2. RIGHT TO KEEP AND BEAR ARMS

3. No QUARTERING of soldiers in peacetime

4. NO UNREASONABLE SEARCH and SEIZURE

5. PROTECTION of ACCUSED

6. RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY

7. TRIAL BY JURY IN CIVIL SUITS

8. NO EXCESSIVE FINES or CRUEL PUNISHMENT

9. POWERS RESERVED TO THE PEOPLE

10. POWERS RESERVED TO THE STATES

First First 10 Amendments10 Amendments to the to the Constitution in 1791Constitution in 1791

Rights and freedoms won in Rights and freedoms won in the Revolution are preserved the Revolution are preserved

and protected…and protected…

Bill of rights

The Bill of Rights


New Constitution gave the National Govt. 60% of governmental powers….National Govt. was over the states……..

States given 40% of governmental powers…States would have some powers to control their own

affairs.

With the new constitution, the National Government was given the power to tax, regulate trade, enforce its laws and over the states. National Govt. law would always be over the states.

US Govt 1789

How the Weaknesses of the Articles of Confederation were How the Weaknesses of the Articles of Confederation were Corrected by the ConstitutionCorrected 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 goes into effect

• Congress has no power to tax

• Congress can not regulate trade among the states.

• Each state coined its own money. No national currency.

• 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”

Documents

1777-1789 “What kind of government will we have?” Defining Nationhood and the Constitutional Crises of the 1780s