The Critical Period

• End of the Revolutionary War doesn’t guarantee success.

• Following Treaty of Paris, Washington resigns his commission – Significance: Not a Caesar!

The Critical Period

• Phrase coined to describe the transition from the winning of independence to the creation of the Constitution of 1787.

• Nation organized under Articles of Confederation

• Faces political, economic, and diplomatic hurdles

Articles of Confederation

• America’s “first” constitution - 1778• A “confederation” – league of independent states,

with a central gov’t for dealing with issues that effect all.

• Forms a deliberately weak government.– No executive branch– No judicial branch– One vote per state representatives of states, not people.– Supermajorities: 9 votes to pass ; 13 to amend– No taxing power– No power over interstate commerce (states imposing

tariffs)– No courts to settle interstate disputes (e.g., border disputes)

• Earns nickname Articles of CONFUSION!

Articles of Confederation

• Successes– Secures foreign aid during the war– Holds nation together through war and

aftermath– Negotiates a favorable peace– Deals with western lands

Dealing with Western Lands

• US is “land rich” and “cash poor.”• Congress convinces states to give up

claims and turn over to the national gov’t.

• Issues:– How to make land available?– Sell to speculators v. small landowners?

• Land Ordinance of 1785

Surveys NW into• 6X6 m² townships• 36 sections• Education!• Religion?

NW Ordinance 1787

• Establishes the process for bringing in new states.

• When population hits 60,000 a territory can draft a constitution and submit to Congress for approval.

• No colonies!• No slavery in the NW

Territory (OH-IN-MI-IL-WI)

Failures: Foreign Affairs• The US is not respected by foreign nations.• Britain

– Still has forts on US soil– “Dumping” cheap goods on the American market,

hurting US manufacturers– Refuses to send an ambassador– Disputed border claims

• Spain– Disputed land claims in southwest– Controls access to the Mississippi River (New Orleans)– Cuts of the “right of deposit” in 1784.

• North Africa– American shipping is being raided by “Barbary Pirates”

(Morrocco, Tripoli, Tunisia, and Algiers)– No navy / gov’t to protect Yankee shipping.

Failures: Domestic

• Economy– Debt and post-war hardship– Paper Money

• States issuing paper money• Values fluctuate & vary between states, some won’t

accept dollars from other states– Interstate trade– Shay’s Rebellion

• 1200 farmers in Western Massachusetts• Many are former Rev War soldiers, paid in paper

money.• Unable to pay taxes and debts (hard cash)…ask for

paper money to be accepted as tender for payment of taxes and land debts.

• Court foreclosures of property rebels close courts.

Framing a New Gov’t

• Reaction to Shay’s varies– Hamilton, Washington, Madison – see rebellion

as “mobocracy”– T.J. – “a little rebellion now and again is a good

thing…the tree of liberty must be watered with the blood of patriots and tyrants”

• Gives steam to a movement to form a stronger government– Mt. Vernon Convention – Md / Va– Annapolis Convention – Philadelphia Convention

Constitutional Convention• Delegates

– Who’s there? James Madison, Alexander Hamilton, George Washington, Ben Franklin

– Who’s not? Patrick Henry, Samuel Adams, Rhode Island!

– Thomas Jefferson calls it a “convention of demi-gods.”

– Significance: a group of men declare the existing gov’t bankrupt and ineffective and draft a new one, and submit it to the people for a year of debate without bloodshed!

Compromises

– Three “Plans”• VA• NJ• Hamilton

– Representation:• Va Plan / NJ Plan / Great Compromise

– Slavery• Slave Trade• 3/5 Compromise• Protections for….fugitives; suppression of rebellions

– Executive• Nature…

• The Rule of Secrecy – why? Isn’t it “undemocratic?”

• The Va Plan – – Bi-cameral legislature (proportional representation in

lower house; lower house elect upper house); national executive (7 years); national courts.

• NJ Plan– Equal representation in a unicameral house.– Feels the Va Plan over-reaches the power of the

convention and would not be adopted– Tradition: the states have had equal representation in

every gov’t since 1776; Dec of Independence and Treaty of Paris recognize state independence

• Hamilton Plan– Proposes a president elected for life!– Contrary to popular view that “Where annual elections

end, tyranny begins”