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Articles of Confederation
• Committee appointed to draft this “constitution” before the Declaration of Independence
• Adopted by Congress 1777
• Finally ratified by all 13 states in 1781
• Conflict between “land-rich” and “land-hungry” states
• Agreement to turn western lands to “common cause”; provision to create new “republican states,” NOT colonies
Articles of Confederation-
-Weaknesses
• No executive branch
• Judicial branch in state governments
only
• Each state had equal votes in Congress,
regardless of population
• Amendment by unanimous vote only
• Congress could not regulate commerce; states had
conflicting laws and were printing their own money
• No means of enforcing tax collection (or many other things)
Articles of Confederation-
-Strengths
• Congress could make and enforce
treaties
• Congress could establish a postal
service
• Effectively held states together from
Continental Congress to Constitution
• Land Ordinance of 1785, Northwest
Ordinance of 1787 provided a
process for admitting new states
Domestic
Issues/Circumstances
• Country is growing
• Conflict: Shays’
Rebellion (poor
western farmers in
MA, protesting taxes)
Constitution
• Constitutional Convention: May-September 1787
• Secret proceedings
• 55 delegates, 12 states (not Rhode Island)
• Conservative, wealthy, educated
• Goal: Preserve and strengthen new nation; ensure security (foreign and domestic)
• Articles of Confederation required unanimous ratification to be amended. Therefore, framers stipulated creation of new document, not amendment. When 9 states ratified, Constitution became supreme law in those states.
Constitution--Agreement
• Stronger government than that provided by Articles
• Three branches, checks and balances
• Opposition to universal manhood suffrage
• Popular sovereignty
• Limited government
Constitution--Controversies
• Virginia Plan vs. New Jersey Plan
• Great Compromise
• Direct election of President
• Electoral College; if tie decision by House of Representatives
• Should slaves be counted in population?
• 3/5 Compromise
• Abolition of slave trade
• Postponed to 1807
Constitution--Ratification
• Debate between federalists (Washington, Franklin,
Madison, Hamilton—wealthy, educated, organized) vs.
anti-federalists (Samuel Adams, R.H. Lee, Patrick
Henry—poorer classes, debtors)
• Federalist Papers (see # 10): “Extensive Republic”
Ratification--Antifederalists
Opposed ratification (Patrick Henry, Thomas Jefferson)
• Gov’t will be too big—• Population too large for everyone’s interests to be
represented
• Too diverse--U.S. has different climates, economic interests
• Republics should be composed of people with similar interests, beliefs
●When republics expand, they become tyrannical
● Impossible to protect the “public good” if the community is too large
Ratification: Federalists
Favored Ratification (Hamilton, Madison, John Jay)
• Federalist Papers
• Factions—political group; small or large group of citizens who
share ideas, “adverse to the rights of other citizens” or to the
interests of the community
• Republic vs. Democracy—Democracy requires smaller, more
exclusive group in order to function. Republic allows
representation of everyone
• Extensive Republic—larger population allows broader range of
ideas
Summary
• Antifederalists—It is better to
have 13 small republics; the US
is too big to function as one
republic; the government will
become tyrannical
• Federalists—Only a strong
central government can prevent
the development of factions and
protect the interest of the
community as a whole
• Bill of Rights=compromise: it
protected individuals from
tyranny by the government
Constitution--Ratification
• Bill of Rights—demanded by antifederalists;
promised by federalists
• Four states (VA, NY, NC, RI)—realized they
could not stand alone outside the new United
States
• Liberty vs. Order OR Liberty plus Order
International
Issues/Circumstances
• No longer able to depend on British products, so US must
increase domestic production
• Spain closed access to Mississippi River (1784)
• Britain still enforcing Navigation Laws until Jay’s Treaty
(1794)
• French Revolution (1789-99), opposed by federalists;
antifederalists were sympathetic
• Washington issued Neutrality Proclamation (1793), which kept
US out of conflict between France and Britain (supported by
Federalists)
Social Outcomes--Women
• Women could not vote in national elections; could vote in some states for a little while
• Women could not own land unless inherited, but then it transferred to husband
• More equality in marriage than earlier, but still husbands had far more power
• Abigail Adams— “republican motherhood”
• Fewer children
• Greater responsibility for welfare of family and education of children
• Preserving virtue
Social Outcomes--
Minorities
• Slaves not given citizenship
• Slaves considered 3/5 person for census purposes
• No individual rights
What the Constitution
doesn’t say
• Bill of Rights
• 9th Amendment
• “The enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the
people.”
• 10th Amendment
• The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people
Washington’s Farewell
Address (1796)
• Set precedent of no more than two terms for executive
• Urged patriotism—loyalty to country above region or
faction (including political parties)
• Urged avoidance of international entanglements
Washington’s Farewell
Address
• The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together; the independence and liberty you possess are the work of joint counsels, and joint efforts of common dangers, sufferings, and successes.
• But these considerations, however powerfully they address themselves to your sensibility, are greatly outweighed by those which apply more immediately to your interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole.
Factions
• Political Parties—crystallized by 1796:
• Federalists:
• Washington, Hamilton, Jay
• Merchants, creditors, Tidewater slaveholders
• Democratic-Republicans:
• Jefferson, Madison
• Tobacco/rice producers, western farmers, small farmers
Party Conflicts
• XYZ Affair
• Federalists—pro-British/anti-French?
• Attempted bribery of American diplomats by French
• Congress cut off trade with France, authorized privateering
• Naturalization, Alien and Sedition Acts
• Lengthened residency requirements for citizenship
• Authorized deportation of foreigners
• Prohibited publication of insults or malicious attacks on President or members of Congress
• Virginia and Kentucky Resolutions
Revolution of 1800
• Presidential election
• Jefferson (Democratic-Republican) vs. Adams
(Federalist)
• Aaron Burr (D-R)—Jefferson’s running mate
• Tie vote in electoral college
• House of Representatives decides
• 35 rounds of voting
• Hamilton finally convinced Federalists to choose Jefferson over
Burr