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At 2nd Continental Congress – urged colonies to draft new constitutions to replace British royal charters
Between 1776-1780 – all colonies but Rhode Island and Connecticut did so
Relied on the idea of ‘republicanism’ ◦ Political leaders receive their authority from
the citizens
Most of these new Constitutions restricted the powers of the governors
Many also reduced the influence of the church on government
In 1779, Governor of VA – Jefferson issued VA Statute for Religious Freedom◦ Human mind was created free and that gov.
control over religious beliefs was tyrannical (no state church)
These “Republican” states did not grant full citizenship to women◦ Limited right to vote and hold office to white
property owners
Republican Motherhood ◦ American women could influence politics and
society through their work in the home◦ Offer moral guidance to their husbands◦ Educate children in principles of liberty,
democratic values, and civic responsibility Weakened women’s chances of gaining
political rights
Colonies were willing to join in a ‘loose union’ but were reluctant to hand over control to a national government
Ben Franklin supported the idea of this Confederation
July 12, 1776, Articles of Confederation was presented
Debated for about 16 months, adopted on November 15, 1777
Created a confederation while guaranteeing each state its ‘sovereignty, freedom, and independence”
Articles authorized Congress to borrow and coin money, conduct foreign relations, set policy towards American Indians
Congress could ask but not require states to contribute money to central government
Each state got 1 vote in Congress, regardless of size or population
All 13 states had to ratify (approve) Articles One major issue blocked ratification – LAND Several states claimed vast tracts of
western land – states without claims wanted that land given to national government
Issue boiled down to $$$$ Congress expected each state to help pay
off war debt States with western lands could sell it and
make extra cash – states without claims had to raise taxes
States without western land refused to ratify – ex. Maryland
NY and VA gave western lands to Congress to promote national unity
By 1781, all states agreed to enter Confederation – officially “United States of America”
Congress knew western land would remain a problem
Ordinance marked off land into 640-acre tracts
Sell for no less than a dollar an acre and one section reserved for a school
Established a system for governing Northwest territory◦ Present day states of Indiana, Illinois, Michigan,
Ohio, and Wisconsin Guaranteed settlers civil rights and banned
slavery in that territory◦ ***Escaped slaves did have to be returned
Land Ordinances established a pattern for settlement for the next 75 years..
On paper, Confederation enjoyed broad powers, but in reality it was weak◦ Proposed changes need consent of all 13 states
Congress needed cash to pay war debt◦ Could not tax people directly, appealed to states
for funds◦ States avoided paying their share
IN 1784, Confederation began to experience a depression
Depression and money shortage left farmers with fewer markets for their goods and little money to pay their debts
In Massachusetts, merchant controlled legislatures imposed heavy taxes on land to pay state’s war debt
Legislature adjourned in 1786 without resolving the issue, farmers rebelled
One of the leaders was Daniel Shay – former Rev. War Captain
December 26, 1786◦ Shay and some 1200 farmers set out for
Springfield Massachusetts – intent of seizing federal arsenal
◦ Governor called for 4000 recruits to help militia guard the arsenal
◦ Shay and company launched attack in late January
◦ When artillery killed 4 of Shay’s men, Shay’s men fled
◦ Militia crushed rebellion by end of February
Rebellion raised doubts about the central governments ability to deal with civil unrest
Many now calling for a stronger central government
Provided for a weak national government Gave Congress no power to tax or regulate
commerce between states Provided for no common currency Gave each state one vote regardless of size Provided for no executive or judicial
branches
Drafting and Ratifying the Constitution
In late 1780s, more leaders realized the Articles need improvements
A call for a Constitutional Convention◦ Philadelphia – May 14. 1787
Independence Hall
George Washington – President James Madison Alexander Hamilton Ben Franklin
Thomas Jefferson, Patrick Henry and John Adams not at Convention
Congress charged the delegates to revise Articles of Confederation◦ Some believed it should be replaced
Edmund Randolph – presented the VA Plan◦ Shifted power away from states and towards a
central government◦ Plan reflected that nations survival depended on
Federalism (division of power between federal and state)
◦ Gave Congress right to overturn state laws, tax states
Called for 3 branches◦ Judicial, Executive, and Legislative (Bicameral)
Voters put members in lower house who choose members of upper house
Dispute of number of representatives VA and Penn favored representation based
on population, Delaware wanted equal delegates
James Madison – “Father of the Constitution
Madison – Authored most of the Bill of Rights
Strong unicameral legislature◦ Each state has one vote
Gives federal government power to tax and regulate commerce
Plan was essentially thrown out because it did not fix problems of Articles of Confederation
Great Compromise◦ Each state, regardless of size, 1 vote in upper
house◦ Lower house based on population
3/5ths Compromise◦ Slaves as a part of the population?◦ Conclusion: only three-fifths would count in
determining representation
On September 17, 1787, the 42 remaining delegates at the Convention signed the Constitution when it was then sent out for states to ratify.
Federalists◦ Favored ratification◦ Wealthy merchants, planters, and lawyers –
strong government would ensure a strong currency
◦ James Madison, Alexander Hamilton Federalist Papers
Anti-Federalists◦ Feared a powerful national government◦ Pointed out the voters don’t directly vote for
president – ‘undemocratic’
Federalists
1. Advocated importance of strong central government – promote economic development and public improvements
2. Today, those who see a primary role for the federal government in solving national problems are heirs to this tradition
Leading Virginians-George Washington-James Madison
Anti-Federalists
1. Feared an overly powerful central government destructive of the rights of individuals
2. Today, more conservative thinkers echo these concerns
Leading Virginians-Patrick Henry-George Mason
Issue of individual rights US Constitution did NOT contain a Bill of
Rights VA Declaration of Rights (George Mason)
included a Bill of Rights (protects individual liberties from Government)
Lack of Bill of Rights outraged Anti-Federalists
Federalists believed state constitutions would support individual rights
VA and NY agreed to ratify only if a Bill of Rights was included
Despite all the debate, enough states (9 of 13) ratified the Constitution by June 1788.
VA Statute for Religious Freedom◦ Thomas Jefferson◦ Outlawed the established Church
Government could not favor any Church
Bill of Rights – James Madison◦ Consulted the VA Declaration of Rights and VA
Statute of Religious Freedom
Constitution
FEDERALISM
Marbury vs. Madison – 1803◦ Set the precedent of judicial review◦ First time the term “unconstitutional” was used
McCulloch vs. Maryland – 1819◦ Set the doctrine of Implied powers
Gibbons vs. Ogden – 1824◦ Set up a broad national view of economic affairs◦ Power to regulate interstate commerce was
granted to Congress
These 3 major cases are the foundation of the Supreme Court’s authority to mediate disagreements between branches of government, levels of government, and competing business interests