Questions

• In what ways were the ideas of the Enlightenment such an important factor in shaping America’s new government?

• How did the experiences of the colonists in America shape the government they would created in 1781?

• Why were the Articles necessarily weak?• Why did they HAVE to be changed or

scrapped?

Background to the Articles

• 1776: 2nd Continental Congress appointed a committee to draft a written constitution for the new nation

• The finished product was the Articles of Confederation

• They were adopted by Congress in 1777– wasn't ratified by all 13 colonies until 1781

America’s First National Government

• Forming a Confederation:– confederation- an alliance of states united

under a central government whereby the states maintain more power than the central government

Strengths of the Articles• Northwest Ordinance 1787: it created a

model for admission of new territories into the Union– Why is this going to be so important?– Guaranteed:• Freedom of religion• Property rights• Trial by jury• No slavery in NW Territory

Land Ordinanceof 1785

Northwest Ordinanceof 1787

Weaknesses of the Articles• Unicameral legislation; each state received 1

vote no matter the size of population• No control of interstate commerce• Congress could set taxes but could not collect

them• Amendments required unanimity which was

nearly impossible• Could not force states to cooperate

Weaknesses of the Articles

• Could not protect itself effectively from individuals (1783 protest of unpaid soldiers)

• No Executive Branch• No Judicial Branch• No National (standing) Army

Weaknesses of the Articles

• Raising Taxes:• central government not directly elected by

voters– Why is that a major concern?

• members of Congress chosen by state legislatures– therefore unable to raise taxes– had to ask states for money {turned down 75% of

time}

Weaknesses of the Articles• Economic Disunity:–13 states did not cooperate economically• states acted like 13 separate countries in the following

ways:– each state issued own currency {money}– each state refused out of state currency at face value

(discounted value leads to what?)– each state imposed tariffs on out of state goods

ConnecticutShilling

Maryland1/6 Dollar

Weaknesses of the Articles

• Economic Disunity:• Trade with Britain resumed after war– Cheap British goods flood into US• Americans put out of work• Congress had no power to regulate commerce• States imposed taxes or duties on one another

Continental Currency

“Not worth a Continental”

Economic Disunity

ConnecticutNew Hampshire

Diplomatic Problems

• Congress could not meet its obligations in Treaty of Paris– British creditors not helped by states to recover

money or property• Congress incapable of forcing states to cooperate

– British refused to leave America• No standing army to remove British• Fears the British were stirring up the Indians

Diplomatic Problems

• Spain feared US growth & viewed US as a rival• Spain denied US access to Miss. River over

boundary dispute between GA & Spanish territory

• Congress had no power to resolve the issue

Weaknesses of the Articles• Shay’s Rebellion 1786• The national government had no national

army– Could not put down rebellion

• Daniel Shay and other farmers refused to pay interest on the money to banks– Took up arms against government– The rebellion was put down by state troops– This incident showed the weakness of the articles

“The voice of the people has been said to be the voice of God; and however generally this maxim has been stated and believed, it is not true to fact. The people are

turbulent and changing, they seldom judge or determine correctly”.

Alexander Hamilton

Daniel Shay

Regroup

• What were some of the achievements of the Articles?

• What were some of the failures of the Articles?

• What issues prompted the “revision” of the Articles in May 1787?

States Seek Stronger Government

• most Americans feared new government would dissolve from lack of power

• The issue of interstate trade led to call for convention in Maryland in 1786– Only 5 states represented– Alexander Hamilton called upon Congress to

summon a convention to fix the entire fabric of the Articles

States Seek Stronger Government

• 1787- convention held in Philadelphia• delegates sent to “revise” Articles (Why revise

and why not scrap the Articles?)• May 25, 1787: 55 representatives from all of

the states except for Rhode Island were sent to Philadelphia– George Washington was elected as the leader

Seeking a StrongerNational Government

“Revising” theArticles

“So long as any individual state has the

power to defeat the measures of the other twelve, our pretended union is but a name, and our confederation, a cobweb”. Noah Webster

“The consequences of an inefficient government are too obvious to be dwelt upon. Let us have government by which our lives, liberty, and property will be secured or let us

know the worst at once”. George Washington

TheContinental Congress

Uniting theStates

Constitutional Questions to Ponder

• What is a constitution?• Why was it necessary to write a new

constitution instead of editing the Articles• How does the Constitution address the

deficiencies of the Articles?• Why is the term “bundle of compromises” a

good description of the Constitution?

The Framers

• Conservative, well-to-do men• The poor or debtor class not represented• 19 of the 55 owned slaves• Relatively young (42 was the average)• Wanted to preserve the Republic rather than

promote democracy (mobocracy)

Patrick Henry

“I smell a rat”!

Patrick Henry

“If men were angels, no government

would be necessary”. James Madison

Virginia Plan

• The "large-state plan" was proposed by Virginia and was first pushed forward as the framework of the Constitution

• It said that the arrangement in Congress should be based upon a state's population

• Proposed by Edmund Randolph and James Madison

Virginia Plan

New Jersey Plan

• New Jersey presented the "small-state plan" • It centered on equal representation in

Congress without regards to a state's size or population

• Proposed by William Paterson

New Jersey Plan

The Constitutional Convention (Bundle of Compromises)

• The Great Compromise 1787 – Issue of representation– Create a Two-House legislature with a Senate &

House of Representatives– Senate would have two representatives per state– The House of Representatives would be based on

population of the individual state– In essence this blended the NJ & VA Plans

Great Compromise

The Three-Fifths Compromise

• The South wanted to count slaves as part of the population in order to increase their number of representatives in the House of Representatives

• The North was against this suggestion• A compromise was reached, for every 5 slaves

would count as 3 freed votes

Three-FifthsCompromise

The Slave Trade and Commerce Compromise

• The new government could not restrict Slave trade for the next 20 years

• The new government would have no power to tax imports

Regroup

• Why is the Constitution known as a “Bundle of Compromises”?

• What were the 3 major compromises made in 1787?

• What issue did each compromise settle?

The United States Constitution 1789

• A strong national (central) government • 2 house party (Senate & House of

Representatives)• Regulate interstate and foreign Commerce • A national (standing) army• The ability to tax and collect taxes• Executive Branch (President)• Judicial Branch (Supreme Court)

Ratifying the Constitution

• 28 September 1787: Confederation Congress voted to submit Constitution to states for ratification

• Nine of 13 states would have to ratify for Constitution to take effect– Delaware first to ratify; Rhode Island last of the

original 13 states to ratify

State RatifyingConventions

The Federalist Papers

• Alexander Hamilton, James Madison and John Jay• Wanted a strong central government• They wrote 85 essays (federalist papers)

supporting the Constitution• Discussed Separation of Powers• Discussed Checks and Balance• Discussed Federalism• Discussed 3 branches of government

Hamilton, Madison,Jay

“It’s not a tyranny we desire; it’s a just,

limited and federal government”. Alexander Hamilton

Anti-Federalists• Thomas Jefferson• Believed the government would become too

powerful• The wealthy and big business would become too

strong• The government would pass unpopular laws• Use the army to collect unpopular taxes• There would be no protection of life, liberty and

property• Would need to see something protecting citizens

from the government (Bill of Rights)

Anti-Federalists

“For what did you throw off the yoke of Britain and call yourselves independent? This new form of national government will be dangerous to your liberty and happiness”. Governor George Clinton Anti-Federalist

Resistance to Constitution

• The Anti-federalists were led by Samuel Adams, Patrick Henry, and Richard Henry Lee

• They consisted of states' rights devotees, back country dwellers, and one-horse farmers - in general, the poorest class

• In general they feared a loss of liberty in favor of the wealthier class

Resistance to Constitution

• Sam Adams refused to support ratification unless there was a guarantee to prevent Congress from taking away basic liberties

• Result was Bill of Rights which would be adopted after ratification

• Bill of Rights is the first 10 amendments to the Constitution

TheBill of Rights

Bill of Rights

• 1st: Free speech; Free religion• 2nd: Bear arms• 4th: Illegal search and seizure• 10th: Powers not delegated to the US

government by the Constitution… are reserved to the states

“Americans need never fear their government because of the

advantage of being armed…” Gouverneur Morris

“Tis really astonishing that the same people, who have just emerged from a cruel war in defense of liberty, should now agree to fix an elective despotism upon themselves and their posterity”. Richard Henry Lee

“I can understand a bill of rights

to prevent kings and barons from encroaching on the rights of the people, but I don’t see why we need a declaration of rights to protect us from our own elected legislature…

In this new government a bill of rights is absurd. It prevents what? Our own encroachments against ourselves? Noah Webster

Regroup

• Who were the two groups who supported the ratification and opposed the ratification of the Constitution?

• What were the Federalist Papers?• What was the concern of John Hancock and

Sam Adams with regard to the Constitution?• How were the concerns of Adams allayed?