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.

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

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

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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)

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

The Great Compromise

• The Connecticut Plan (aka the Great Compromise)

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

– Lower House (House of Representatives) proportional representation

The Great Compromise

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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

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)

Ratification

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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

Federalist Papers• John Jay• James Madison• Alexander Hamilton

• Series of Essays published in a NY newspaper

• Brilliant explanations of Constitution

The Federalist Papers

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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

The Bill of Rights

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