Articles of Confederation to

Constitution:

We need to explain why Founders wanted

to strengthen government and how they proposed doing

so.

Symptoms of Articles Weakness: I. H. Debt

1. States make war; war makes states; both make debt

a. Foreign debtsb. Internal debts

i. Bondsii. Soldier’s pay IOU’s

- Newburgh Conspiracy 1783 - Gates- GW spectacles and land grants

c. Printed paper currency i. Clash of currenciesii. Rejection of taxes in New EnglandIii. South had incurred fewer debts as they

had spent less on war (Compare to Mass.)

Symptoms of Articles Weakness, 2: I. I. Foreign diplomatic and economic problems

1. United Kingdom – pride hurta.Maintained fortresses on US soil

i. Pretext – States seizing loyalist prop.b. Economic problems

i. Shortage of hard currencyii. Americans are Smithians in abstract

terms- Cannot compete with British

manufactures2. Spanish

a. Disputes about border with Florida b. Closed off Mississippi c. West dependent on smuggling

Symptoms of Articles Weakness, 3: I. I. Foreign diplomatic and economic problems

3.British Caribbean markets dry up – imperial pressure 4. Search for New Markets

a. Spanish America, Caribbean, Mexico, and Peru i. Important into 1820s- Shortage of hard

currency ii. Source of silver

- Silver peso is default WORLD currency - Soon, American dollar will be pegged to

Mexican currency b. China and India are pursued as soon as 1780s

i. Large New England merchant fleet and access to Latin American coinage are keys to this access.

c. US will enter Southern Europe and Mediterranean i. Barbary pirates ii. Opium trade

Symptoms of Articles Weakness, 4: I. J. State problems

a. States agreed to give up western land claims to federal government

b. States renege on this agreement

c. States disagree on latitude and therefore, extent of claims.

d. States are also creating problems with foreign powers, currency, debt, and Loyalist property

Symptoms of Articles Weakness, 5: I. K. Shay’s Rebellion (Massachusetts Regulation)

1. MA banks and assembly begin to require payment of tax in hard currency (specie)

a. Remember those bonds and certificates? a. Taxes used to pay national and state governments’

promises to fully redeem bonds purchased by speculators. 2. Daniel Shays and others in MA, and greater New England call

themselves regulators. a. Legacy of protest b. Where else have we heard this term?

3. Foreclosures due to failure to pay taxes A. First, sheriffs dissuaded and courthouses closed by angry

farmers/citizens. B. Next, plan to seize Springfield armory

4. Rebellions not thwarted by underfunded national armies, but by local militias

5. Proves impotence of government to protect property a. John Locke – What is relation of property and government?

6. Alarm of Alexander Hamilton, GW, but not Thomas Jefferson (TJ)

Creating a Stronger Government, 1: II. Stronger Federal Government

A. Annapolis Convention (September 1786)1. Efforts to regulate interstate commerce

2. Star discussion of threats of Shay’s rebellions

3. Poorly attended (5 states) B. Convention in Philadelphia , May, 1787

1. What do we do with Articles of Confederation?

2. Twelve states represented: 55 delegates

II. Stronger Federal Government, 2 C. New system needed, but how to ensure STATE

representation (not of people… see Shay’s)?

1. Virginia Plan proposed by James Madison and Randolph

a. Bicameral Legislature

b. Rep. by pop.

c. Big states favored

2. New Jersey Plan

a. Unicameral Legislature

b. All states have equal representation

c. Favors small states

3. ADOPTED – Connecticut Compromise

a. Bicameral Legislature

b. Upper house, by state; lower house, by population

c. Lower House (House of Reps.) would originate taxes

d. Big states not pleased, and smaller states not, either.

E. Protection of property foremost

II. Stronger Federal Government, 3

D. Legislatures alone inadequate, but still need checking of power

1. Executive introduced – Can pardon and veto legislature laws

a. Enforce laws

b. Commander-in-chief

c. Negotiator with foreign states

d. Agencies to execute laws.

2. New National Judiciary

a. Supreme Court to review laws, and execution of law

b. Subordinate courts to deal with local issues and national law, adjudicated laws originating in:

3. Legislature – Can overturn vetoes and confirm judicial appointments

a. Both houses pass laws, check president

b. Senate confirms appointments

c. Declares war

II. Creating a Stronger Government, 4: E. States and National government share powers and have

separate responsibilities

1. National

a. Military and declare war

b. Postal system (First independent agency!)

c. Protect patents and set measures

d. Negotiator with foreign states

e. Agencies to execute laws.

F. Coin money

2. State powers

a. Create local govs.

b. Create schools (See land ordinances)

c. Regulations of commerce and charted companies (corporations)

3. Shared Powers

A. Justice systems, civil and criminal

B. taxes

C. Borrow, but not coin money

II. Creating a Stronger Government, 5: F. “Property Rights” in the South

1. South wants greater representation than white population

a. Do not want to pay taxesb. Compromise: 3/5ths of slave

population will count for representation AND South has to pay more taxes.

2. Lower South wants more slavesa. Transatlantic slave trade preserved

until 1808b. “Fugitive property” must be returned

3. Slavery will be a bigger contention in formation of party rhetoric than in drafting of Constitution

A. Stain

II. Creating a Stronger Government, 6: G. Ratification

1. Logrolling

a. Worries about protection of people among reps. of New England and Virginia lower orders (Shay’s)

2. State Legislatures do not want usurpation of role (despotism)

a. Would not ratify (People, not states)

b. End-run: Special const. convention

c. 9/13 votes necessary

3. Public Relations need to convince Americans of need for Constitution

a.. Federalist Papers – Mainly Hamilton and Madison, in newspapers

i. Federalists vs. Antifederalists