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Chapter 9: The Confederation and the Constitution1776-1790Section I: Creating Republican Institutions, 177617871The Pursuit of EqualityMost states reduce (but not usually eliminate) property-holding requirements for votingSlavery challenged (esp. in Quaker Philadelphia)Laws discriminated against freed blacks and slaves.No states South of Pennsylvania abolishWhy not?Impractical to have the discussionWould have slowed the process down.Extending doctrine of equality to women?Not yetRepublican MotherhoodWomen were charged with keeping the nations conscienceShe would educate herselfCultivate the virtues demanded by the republic in their husbands, daughters and sons

Constitution Making in the States1776: Continental Congress tells states to draft new constitutionsCommonalities:Defined the powers of governmentSaid authority came from the peopleCreating Republican Institutions, 17761787: The State Constitutions: How Much Democracy? Pennsylvanias constitution: abolished property owning as a test of citizenshipallowed all male taxpayers to vote & hold officecreated a unicameral legislature with complete power.

5In Massachusetts:John Adams created a system of government that dispersed authorityassigned lawmaking, administering, & judging to separate branches.bicameral legislaturethe upper house, filled with property owning men, would check the power of the popular majorities in the lower house.

6Economic CrosscurrentsStates seized British landsStimulus to manufacturingNonimportation agreements made it hard to get manufactured goods.After war US was barred from trading with GB and West Indies (British Navigation laws)But we could now trade with foreign nations (even China!)

Economic CrosscurrentsProblems:States debtsSpeculation, profiteering created some financial landfalls Avg person prob worse off after the warEconomic/social atmosphere = unhealthyNewly rich class of profiteersSome rich people lost forutnesA Shaky Start Toward Union1786 GB manufacturing hits America again, so?Well, young manufacturers suffered this ruthless competitionThe Articles of Confederation The Articles of Confederation were passed by Congress in November 1777 & ratified in 1781 provided for a loose confederation in which each state retained its independence as well as the powers & rights not expressly delegated to the United States. 10 Articles of Confederation (1781-1789)Firm league of friendship Naming of the league--United States of AmericaImportance of sovereignty and independence for each state Retention of powers not expressly delegated to national government by states

11 Articles of Confederation (1781-1789)Creation of national unicameral (one house) legislature Selection of delegates Decision by individual states One vote per state Selection of President of Congress by congressional delegates annually 12What did Congress do?Chartered the Bank of North America (Robert Morris, superintendent of finance)Why?Hoped to stabilize the inflated Continental currencyHoped to centralize control of army expenditures and foreign debtSome state legislatures refused to support the increase in the Confederations powersNY & RI rejected an import duty13Established the Northwest TerritoryCongress wanted to use the land to raise addl revenue for the governmentEstablishes the Northwest TerritoryNorth of the Ohio River b/w the Appalachians and the Mississippi RiverFearful of settlers allying themselves with Spain in order to export their crops via the Mississippi14Map 7.1 The Confederation and Western Land Claims (p. 199)

The Confederation Congress resolved the conflicting land claims of the states by creating a national domain west of the Appalachian Mountains. Between 1781 and 1802 all of the seaboard states with western land claims ceded them to the national government. In the Northwest Ordinances, the Confederation Congress laid out the rules for establishing territories with democratic political institutions in this domain and declared that all territories were open to settlement by citizens from all the states.15Northwest Territory: Congress passes 3 OrdinancesThe Ordinance of 1784 (written by T.Jefferson):Called for the admission of states as soon as the population of a territory of the smallest existing state16Northwest Territory: Congress passes 3 OrdinancesLand Ordinance of 1785 (dealt w/squatters)Required that the lands be surveyed before settlementMandated a grid system that would allow the work to be done quickly.Specified that 50% of the townships be sold in single blocks of 23,040 acres eachOnly large-scale investors & speculators could affordThe rest in parcels of 640 acres, which only well-to-do farmers could afford17Northwest Territory: Congress passes 3 OrdinancesNorthwest Ordinance of 1787:Creation of 3 to 5 territories that would eventually become the states of Ohio, Indiana, Illinois, Michigan & WisconsinInitially Congress shall appoint a governor & judges to administer a new territoryWhen adult free men reached 5000 they could elect their own legislatureWhen population = 60,000 residents could write a republican constitution & apply to join the Confederation18Articles of Confederation (1781-1789)Handling of three major functions by committees Foreign affairs Receiving of Ambassadors Military Raising of an army Request to states for troops Financial Borrowing of money Establishment of value currencies Fixing of uniform standard of weights and measures 19Weaknesses of the Articles of Confederation Inability of Congress to lay and collect taxes Inability of Congress to regulate interstate and foreign commerceNeed for agreement by nine states for any addition Need for unanimous agreement among the states to amend the Articles 20Weaknesses of the Articles of ConfederationAbsence of a National Judiciary and Executive One vote per state regardless of population Retention by states of all powers not expressly given to Congress No power to act against an individual state Election of delegates for a one year term 21Problems of the nation (1781-1789) Bankruptcy of national government Receipt of only 1/4 of expected $10 million from states Inability to pay interest on foreign loans Defeat of proposed tariff on imports by one vote Trade wars among the states Charging of state fees for permission to trade Closing of ports to foreign trade 22Problems of the nation (1781-1789) Continuing inflationary spiral Trade wars among the states Refusal of some states to accept other states currencies Fear of further uprisings after Shays' Rebellion 23Shays RebellionBackground:In the East, peace brought recessionWHY?The British Navigation Acts barred Americans from trading with the British West IndiesLow-priced British goods flooded American markets.Many states allowed debtors to pay in installments, while other states printed more paper currency in an effort to extend credit24Shays RebellionCaptain Daniel Shays: Provoked by no debtor-relief legislation in Massachusetts Led a rebellionTo preserve its authority, Massachusetts passed a Riot Act outlawing illegal assemblies.Winter of 178687: Shayss army dwindled & was dispersed by Governor James Bowdoins military force.25Shays RebellionWhat did this mean?Many families who had suffered while supporting the war felt that they had traded one kind of tyranny for anotherothers feared the fate of the republican experiment.

26Constitutional Convention At Philadelphia (May 1787) Attendance: men from all states except Rhode Island Adoption of rules of organization and procedure: One vote for each state delegation Majority vote to pass measures Requirement of secrecy no official record of proceedings Knowledge of actions of proceedings from James Madisons personal notes27Constitutional Convention At Philadelphia (May 1787) Selection of George Washington as President Redefinition of the purpose of the Convention Writing of a new document 28Picture of the delegates: White Protestant males Men of wealth many with some college education Men of distinction future presidents Future state governors Future Chief Justices of Supreme Court Revolutionary War Veterans Previous service in Colonial Assemblies and/or past Congresses and/or State Constitutional Conventions 29Shared beliefs of the delegatesNeed for stronger national government Belief in republican form of government Agreement with John Lockes Theory of Rights Support for Montesquieus separation of powers 30Controversy between the big and small states: Virginia PlanSupport of big states for The Virginia Plan: Bicameral Legislature: Representation by populationElection procedures: Direct election of lower house members by the people Additional powers beyond Articles: Overriding of vetoes Use of force to make a state obey the national law Right to legislate whenever separate states are incompetent 31Controversy between the big and small states: Virginia PlanOne Term Executive: Selection by legislature Power to execute the lawNational Judiciary: Selection by legislature Power to veto legislative acts Council of Revision Combination of Executive and members of the Judiciary Power to veto congressional legislation 32Controversy between the big and small states: New Jersey PlanSupport by small states for the New Jersey Plan (Paterson) Unicameral legislature Equal representation for each state Additional powers to the ArticlesEnforcement of tax assessments Regulation of interstate commerce Plural Executive: selection and removal by Congress Federal Judiciary: One Supreme Court or Tribunal Appointment by Executives

33 MAJOR STUMBLING BLOCK BETWEEN THE VIRGINIA AND NEW JERSEY PLANS = ISSUE OF REPRESENTATION 34 Great Compromise or the Connecticut Plan Bicameral legislature Representation by population in the House of Representatives (national census taken every 10 years) Equal representation (two) for each state in the Senate 35Slavery (3/5s Compromise) Support in southern states for counting 3/5s of slaves for representation. Support in northern states for counting 3/5s of slaves for taxation 36Commerce Granting of power to regulate foreign and interstate commerce to Congress Support from northern business interests Fear of southerners Support for export as well as import duties by the national government (major export of the nation-southern tobacco) Intervention by Congress to stop the slave trade. Assurances to the South: Prohibition on export duties no prohibition of the slave trade until 1808 37Executive Indirect selection of one Executive by an Electoral College Unlimited number of four year terms Enumerated powers 38Evidence of the fear of popular citizen control Selection of Senators by state legislatures Selection of President by Electoral College Difficulty of amending process 39Ratification: Need for acceptance by nine states to go into effect (important to have support from big states) Fairly easy passage in Massachusetts & Pennsylvania Close vote in New York & Virginia 40Supporters = Federalists Spokesmen for a strong national governmentJames Madison Alexander Hamilton John Jay Tactics: Emphasis on weaknesses of Articles of Confederation and resulting problems Publishing letters to the people in newspapers to turn the tide in New York, Later compiled into The Federalist Papers Request for vote by state conventions rather than state legislatures or a referendum Insistence on a vote on the entire document not individual sections 41Opponents = Anti-Federalists Spokesmen for states rights Patrick Henry John Hancock Richard Henry Lee Samuel Adams Tactics: Emphasis on the powers given to the national government at the expense of the states Revival of fears of a strong Executive Threat of the loss of rights with the absence of a Bill of Rights

42Ratification of eleven states by September 1788 Selection of New York city as temporary capitalElection and inauguration of George Washington as President Ratification by 1790 of all thirteen states

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