The Confederation and the Constitution1776-1787

Shaky Start Toward Union Revolution caused responsibility of creating and operating

new central government America more a name than nation 1784-1786- low point for new republic British flood Americas with cheap goods, American

industry suffered However, the states all did share similar constitutions, had

a rich political inheritance from Britain

Economy After war states seized Loyalist,

crown lands Inflation was a problem Many worse off financially War caused dislike of taxes and law War caused American manufacturers

to make their own goods (British trade cut off)

America remained agricultural by a large degree.

Prior to war, Americans had great trade with Britain, and now they didn’t, could now trade with foreign countries, a privilege they didn’t have before.

Creating a Confederation 13 sovereign states coined money, raised

armies, erected tariff barriers1777-Articles of Confederation adopted1781- ratified by all states Main problem- what to do with western lands? Some states had holdings west of Allegheny

Mts., some did not Land rich states could sell off land to pay

debts, others had to tax heavily to raise revenue

Creating a Confederation States surrendered land

to central government Used to make future

states Result was that it bonded

union to central authority Pioneers bought land

from federal government, benefit to nation to help out debt

Weakened state powers

Articles of Confederation: America’s First Constitution Loose confederation, acted together to deal

with common problems (foreign defense)A. No executive, judiciary left up to statesB. Each state one voteC. Hard to amendD. No power to regulate commerce, states had

different trade lawsE. No power to tax, states paid what they wanted

National government could not control statesPositives of Confederation- Outlined

general powers of government, provided idea of union

Landmarks in Land Law Congress of Confederation

passed farsighted legislation, dealt with public domain of Old Northwest

Land Ordinance of 1785 Dealt with how to divide land innew territories

1. land sold to settlers to pay public debt

2. land surveyed before sale and settlement, led to orderly settlement

3. sixteenth section set aside to benefit education

Landmarks in Land LawsNorthwest Ordinance 1787 Dealt with how to govern new territory

A. Congress appointed 3 judges & a governor to govern the territory.

B. When population reached 5,000 adult male landowners elect territorial legislature.

C. When population reached 60,000 elect delegates to a state constitutional convention, with all privileges of other states

D. Forbid slavery in Old NorthwestE. Ideas carried to other frontier areas

The Horrid Specter of Anarchy 1780’s ability of national government to collect

money was limited Interest on debt piling up, nation’s credit

evaporating abroad States had trade disagreements, levying duties

on goods from neighbors, states issued depreciated paper currency

Problems came to a head in Shay’s Rebellion in 1786

The Horrid Specter of Anarchy 1786- Farmers in western

Mass. losing farms to taxes and foreclosure

Daniel Shay’s led group of agitators to enforce demands

Mass. authorities raise army and put down rebellion

After rebellion legislature passes debt relief laws

The Horrid Specter of Anarchy Rebellion terrified propertied classes Revolution created monster of “mobocracy” Stronger central government needed Conservatives wanted to protect position,

property Debtors, poorer people wanted feared powerful

central government (would have to pay debts) All groups agree need to change, question was

how? How would nationalists and states rightists be

reconciled?

A Convention of Demigods1786- Convention called in Ananapolis,

MD to figure out what to do about interstate commerce

5 of 13 states show up, could not do anything to solve problem

Alexander Hamilton asked Congress to call a convention to rework the Articles

Congress reluctant, states elect delegates anyway

A Convention of Demigods Only Rhode Island did not

send delegates May 1787- 55 delegates

meet in Philadelphia George Washington leader,

Ben Franklin elder statesman

Washington legitimized convention

Sessions held in secret James Madison, age 36,

known as father of Constitution, profound student of government

Alexander Hamilton, 32, advocate of super powerful central government

Patriots in Philadelphia 55 delegates Conservative, wealthy (lawyers, merchants,

land speculators) and young (avg. age 42) 19 owned slaves

They were nationalists, wanted stable political structure Central authority needed genuine power Wanted to preserve union, protect property from

“mobocracy”, curb unrestrained democracy Wanted central government to control nation,

international commerce

Hammering Out a Bundle of Compromises Began to completely scrap Articles Overthrow existing government by peaceful means Large state plan vs. small state plan over

representation in legislative branch Deadlock broken by Great Compromise ( 2 house

legislature on represented by population, one all representation equal)

Executive branch created, but power check by legislative branch

Indirect method of electing president (prevented unrestrained democracy)

Hammering Out a Bundle of CompromisesSectional Problems Issues that dealt with the different economic and social

problems in the North and southHow to count slaves? 3/5 Compromise- gave southern states more power (counted

slaves as 3/5 of citizen) How to control trade? North – Congress should be able to regulate foreign and

interstate trade South – Thought Congress would tax exports (goods sold to

other countries) South sold agricultural products to other countries, would cost

them $$$ South worried Congress would stop slaves from coming to US Compromise: the southern states agreed that Congress could

regulate trade as long as they would not tax exports, interfere with the slave trade before 1807

Keeping the Mob at Bay All at convention agreed, needed stronger central

government, sound monetary policy, protection of private property, manhood suffrage

Put up safeguards to excesses of mob Federal judges selected for life, indirect election of

president, senate Only House of Representatives elected by people

Power based on consent of people, government limited by written constitution

People guarantee liberty, not the government

Clash of Federalists and Antifederalists

Framers knew it would be hard to ratify Constitution

Plan was once 9 states ratify it became law of the land

Many surprised at new constitution, saw power of states swallowed up

The Great Debate in the States Special Elections held in states Small states quickly ratify constitution Mass. First real challenge, many suspicious of

government power, worried about absence of Bill of Rights

Federalists said this would be taken care of and it passed States that were opposed to ratification soon realized

that they could not make it alone