UNITED STATES UNITED STATES HISTORY AND THE HISTORY AND THE

CONSTITUTIONCONSTITUTION

USHC 1.4USHC 1.4

AnalyzeAnalyze

How were dissatisfactions with the How were dissatisfactions with the government under the Articles of government under the Articles of Confederation addressed with the Confederation addressed with the writing of the Constitution of 1787, writing of the Constitution of 1787, including the debates and including the debates and compromises reached at the compromises reached at the Philadelphia Convention and the Philadelphia Convention and the ratification of the Constitution ratification of the Constitution

Post RevolutionPost Revolution

After the revolution, Americans After the revolution, Americans established a government under the established a government under the Articles of ConfederationArticles of Confederation to protect to protect the rights they had fought for during the rights they had fought for during the war. the war.

However differences among the various However differences among the various states and the threat of civil unrest states and the threat of civil unrest (Shays’ Rebellion) led to the further (Shays’ Rebellion) led to the further evolution of American democracy. evolution of American democracy.

Weak GovernmentWeak Government

A new government under the Constitution A new government under the Constitution was designed to address the flaws in the was designed to address the flaws in the Articles of Confederation. Articles of Confederation.

The greatest problem with the Articles of The greatest problem with the Articles of Confederation was the inability of the Confederation was the inability of the weak central government to meet the weak central government to meet the needs of the nation.needs of the nation.

The lack of a strong central government The lack of a strong central government under the Articles of Confederation was a under the Articles of Confederation was a direct result of the experiences that led to direct result of the experiences that led to the American Revolution. the American Revolution.

Continental CongressContinental Congress . Because the Americans were fighting to . Because the Americans were fighting to

preserve the rights of their colonial preserve the rights of their colonial assemblies, they believed sovereignty assemblies, they believed sovereignty rested in their state governments and rested in their state governments and developed a confederation of the 13 states developed a confederation of the 13 states to unite to fight the war. to unite to fight the war.

The Continental Congress provided the The Continental Congress provided the model for the Articles of Confederation model for the Articles of Confederation government (the Confederation government (the Confederation government). government).

Authority rested in the statesAuthority rested in the states, not in the , not in the central government.central government.

Successes of the Successes of the Confederation Confederation GovernmentGovernment ? ?

The effectiveness of the new Confederation The effectiveness of the new Confederation government was almost immediately called government was almost immediately called into question when its ratification was into question when its ratification was delayed by competing state interests. delayed by competing state interests.

The controversy between large (New York The controversy between large (New York and Virginia) and small states (Maryland) and Virginia) and small states (Maryland) over land claims in the west was resolved over land claims in the west was resolved with the ceding of state claims to the with the ceding of state claims to the Confederation government and the Confederation government and the creation of the national domain. creation of the national domain.

Land OrdinancesLand Ordinances

The Confederation government The Confederation government established a method for distribution established a method for distribution of this land through the Land of this land through the Land Ordinances and set the precedent for Ordinances and set the precedent for the creation of new states through the creation of new states through the Northwest Ordinances. the Northwest Ordinances.

Northwest OrdinancesNorthwest Ordinances

The Northwest Ordinances also The Northwest Ordinances also declared slavery illegal in the old declared slavery illegal in the old Northwest Territory. Northwest Territory.

Northwest OrdinanceNorthwest Ordinance This was the first effort by the national This was the first effort by the national

government to prohibit slavery in the government to prohibit slavery in the territories. territories.

Although not specifically addressed in the Although not specifically addressed in the writing of the new Constitution, the passing of writing of the new Constitution, the passing of the Land Ordinance and the the Land Ordinance and the Northwest Northwest OrdinanceOrdinance was one of the first acts of the First was one of the first acts of the First Congress under the new Constitution of 1787.Congress under the new Constitution of 1787.

Thus the system of creating new states on an Thus the system of creating new states on an equal footing with the original states is equal footing with the original states is recognized as an achievement of the recognized as an achievement of the Confederation government. Confederation government.

Second Continental Second Continental CongressCongress

The confederation form of The confederation form of government under the Second government under the Second Continental Congress proved Continental Congress proved effective during the American effective during the American Revolution when the states had a Revolution when the states had a common cause. common cause.

The Confederation government was The Confederation government was satisfactory at the state level as satisfactory at the state level as states wrote new constitutions and states wrote new constitutions and passed laws that met their needs. passed laws that met their needs.

Treaty of ParisTreaty of Paris

The Confederation government was The Confederation government was effective in negotiating the effective in negotiating the Treaty Treaty of Parisof Paris. .

However, soon after the fighting However, soon after the fighting ended in 1781 and their common ended in 1781 and their common cause ended, Americans found that cause ended, Americans found that the Confederation government was the Confederation government was too weak to meet the growing needs too weak to meet the growing needs of the new nation.of the new nation.

Economic Problems Show Economic Problems Show Weakness of the Articles Weakness of the Articles

of Confederationof Confederation

Economic Problems:Economic Problems: Interruption of Interruption of trade with Great Britain, the colonies trade with Great Britain, the colonies principle trading partner, had led to a principle trading partner, had led to a depressiondepression and and challengeschallenges to the to the Confederation government. Confederation government.

Shays RebellionShays Rebellion

Some Americans found it Some Americans found it increasingly difficult to pay their increasingly difficult to pay their mortgages and state taxes which led mortgages and state taxes which led to a rebellion in Massachusetts to a rebellion in Massachusetts [Shays’ Rebellion]. [Shays’ Rebellion].

Farmers marched to close the local Farmers marched to close the local courts and prevent foreclosure courts and prevent foreclosure proceedings on their farms. proceedings on their farms.

Philadelphia conventionPhiladelphia convention

This unrest frightened many of the elite This unrest frightened many of the elite and prompted their support for a and prompted their support for a stronger national government that could stronger national government that could preserve the peace. preserve the peace.

Without the ability to pay an army, the Without the ability to pay an army, the elite feared that the Confederation elite feared that the Confederation government might not be able to government might not be able to respond to this crisis and so they respond to this crisis and so they supported the call for the meeting in supported the call for the meeting in Philadelphia at which a new constitution Philadelphia at which a new constitution was written. was written.

Domestic tranquilityDomestic tranquility

Under the new constitution, the Under the new constitution, the national government was given the national government was given the power to levy taxes so they could power to levy taxes so they could maintain the army to “maintain the army to “maintain maintain domestic tranquilitydomestic tranquility.” .”

Resolve ConflictsResolve Conflicts

In addition, the Confederation In addition, the Confederation government could not resolve government could not resolve conflicts between the states over conflicts between the states over interstate trade, currency, or interstate trade, currency, or boundaries because their power to boundaries because their power to do so was not recognized by the do so was not recognized by the states and there was no national states and there was no national judicial branch to resolve such judicial branch to resolve such conflicts. conflicts.

Exclusive PowerExclusive Power

At the Philadelphia convention, the At the Philadelphia convention, the new national government was given new national government was given the exclusive power to control the exclusive power to control interstate commerce and to control interstate commerce and to control the currency. the currency.

A judicial branch of government was A judicial branch of government was established with the right to resolve established with the right to resolve disputes between the states. disputes between the states.

Diplomatic ProblemsDiplomatic ProblemsWith EnglandWith England

The Confederation government had not The Confederation government had not been able to force the British been able to force the British government to live up to provisions in government to live up to provisions in the Treaty of Paris that required the the Treaty of Paris that required the removal of British troops stationed at removal of British troops stationed at frontier forts on American soil.frontier forts on American soil.

Nor could the national government Nor could the national government persuade the British government to persuade the British government to allow the continuation of trade between allow the continuation of trade between British merchants and her former British merchants and her former colonies.colonies.

Diplomatic ProblemsDiplomatic ProblemsWith SpainWith Spain

The Confederation government could The Confederation government could not persuade the Spanish to allow not persuade the Spanish to allow Americans access through New Americans access through New Orleans to the sea. Orleans to the sea.

States were attempting to negotiate States were attempting to negotiate with foreign powers separately.with foreign powers separately.

No Money, No RespectNo Money, No Respect

Because the Confederation Because the Confederation government could not levy taxes but government could not levy taxes but could only could only request request funds from the funds from the states, once the Revolutionary War was states, once the Revolutionary War was over, many states refused to support over, many states refused to support the national government with funds. the national government with funds.

So the new government was not able So the new government was not able to support an army that would give the to support an army that would give the government diplomatic clout. government diplomatic clout.

Treaties & ProtectionTreaties & Protection

Under the new Constitution, the Under the new Constitution, the national government was given the national government was given the exclusive right to make treaties with exclusive right to make treaties with foreign powers thus enhancing their foreign powers thus enhancing their ability to protect the United States’ ability to protect the United States’ interests diplomatically. interests diplomatically.

Slave TradeSlave Trade

Fear among delegates from Southern Fear among delegates from Southern states that the power to control states that the power to control international trade might prompt the international trade might prompt the new federal government to control new federal government to control the slave trade led to a compromise. the slave trade led to a compromise.

The federal government would not The federal government would not attempt to limit the international attempt to limit the international slave trade for at least 20 years.slave trade for at least 20 years.

The international slave trade was The international slave trade was made illegal in 1808.made illegal in 1808.

Problems with Government Problems with Government Organization Led to Organization Led to

Compromises:Compromises:

The most fundamental problem of the The most fundamental problem of the Confederation government was the Confederation government was the lack of powerlack of power to solve national to solve national problems because the states refused problems because the states refused to acknowledge the authority and to acknowledge the authority and power of the central government.power of the central government.

Federal SystemFederal System

The Constitution set up a federal The Constitution set up a federal system in which the power of system in which the power of government was government was shared between shared between the states and the national the states and the national governmentgovernment. .

The Confederation government had The Confederation government had not been able to solve problems in the not been able to solve problems in the delegation and exercise of power by delegation and exercise of power by amending the Articles of Confederation amending the Articles of Confederation unless unless all of the states agreedall of the states agreed..

Provision For AmendmentsProvision For Amendments

The new constitution would make it The new constitution would make it easier to fix any unforeseen problems easier to fix any unforeseen problems by including a provision for amendment by including a provision for amendment by ¾ of the states. by ¾ of the states.

Even the structure of the Confederation Even the structure of the Confederation government proved to be government proved to be unsatisfactory. There was no executive unsatisfactory. There was no executive branch of government to carry out the branch of government to carry out the will of the national congress or a will of the national congress or a judiciary to resolve disputes.judiciary to resolve disputes.

3 branches of government3 branches of government

The Framers of the Constitution The Framers of the Constitution established three branches of established three branches of government, legislative, executive government, legislative, executive and judicial, each with its own powers. and judicial, each with its own powers.

To meet the To meet the fear that the executive fear that the executive might might become too strong, a system of become too strong, a system of checks and balanceschecks and balances that limited that limited the power of each of the branches the power of each of the branches was added.was added.

Virginia PlanVirginia Plan

The Confederation Congress The Confederation Congress consisted of one house and each consisted of one house and each state delegation had one vote, no state delegation had one vote, no matter how big or small the matter how big or small the population of that state might be. population of that state might be.

At the Philadelphia Convention, large At the Philadelphia Convention, large states wanted to be represented states wanted to be represented based on population (Virginia Plan)based on population (Virginia Plan)

Great CompromiseGreat Compromise

And while small states wanted to And while small states wanted to preserve their power and continue to preserve their power and continue to have one vote per state (New Jersey have one vote per state (New Jersey Plan). Plan).

The compromise was a bicameral The compromise was a bicameral legislature in which each state has two legislature in which each state has two votes in the Senate and representation votes in the Senate and representation in the House of Representatives is in the House of Representatives is based on population (Connecticut based on population (Connecticut Compromise or Great Compromise)Compromise or Great Compromise)

Who to Count?Who to Count?

This led to debate about who should This led to debate about who should be counted for purposes of be counted for purposes of representation. representation.

Southern states wanted to count Southern states wanted to count slaves; Northern states, many of slaves; Northern states, many of which were in the process of which were in the process of gradually emancipating their slaves, gradually emancipating their slaves, did not want to give southern states did not want to give southern states this political advantage.this political advantage.

3/5ths Compromise3/5ths Compromise

The so-called The so-called 3/5ths Compromise3/5ths Compromise was that slaves were to count as 3/5 was that slaves were to count as 3/5 of a person for the purposes of both of a person for the purposes of both representation and taxation; representation and taxation; however, no taxes were ever levied however, no taxes were ever levied based on the population of the based on the population of the states.states.

Authority To GovernAuthority To Govern

The authority of the Confederation The authority of the Confederation government derived from the states government derived from the states so delegates to the Confederation so delegates to the Confederation Congress were selected by their state Congress were selected by their state legislatures. legislatures.

However, the Philadelphia convention However, the Philadelphia convention declared that the declared that the authority to authority to governgovern was granted by “ was granted by “We, the We, the peoplepeople” to the national government.” to the national government.

No Taxation Without No Taxation Without RepresentationRepresentation

Since the Framers believed in “no Since the Framers believed in “no taxation without representation” taxation without representation” (USHC 1.2) they gave the (USHC 1.2) they gave the House of House of RepresentativesRepresentatives the the right to right to initiate tax measures initiate tax measures and so and so determined that Representatives determined that Representatives should be directly elected by the should be directly elected by the voters of their states.voters of their states.

Electoral CollegeElectoral College The Framers of the Constitution also The Framers of the Constitution also

feared the uncontrolled will of the people feared the uncontrolled will of the people so they developed the electoral college so they developed the electoral college to buffer the impact of the popular will to buffer the impact of the popular will on the election of the president.on the election of the president.

Devised a system for indirect election of Devised a system for indirect election of SenatorsSenators

And provided that justices of the And provided that justices of the Supreme Court should be nominated by Supreme Court should be nominated by the president and confirmed by the the president and confirmed by the Senate..Senate..

Ratification:Ratification: The Constitution was sent to special state The Constitution was sent to special state

conventions for ratification that required conventions for ratification that required the vote of the vote of 9 states9 states, rather than , rather than unanimous approval unanimous approval required for required for amendment of the amendment of the Articles of Articles of Confederation. Confederation.

The ratification of the Constitution was the The ratification of the Constitution was the result of another compromise between result of another compromise between those who wanted a stronger national those who wanted a stronger national government and those who feared it. government and those who feared it.

  

FederalistsFederalists

Supporters of the constitution and a Supporters of the constitution and a strong national government were strong national government were called Federalists and represented called Federalists and represented the elites of the coastal areas.the elites of the coastal areas.

Anti-FederalistsAnti-Federalists

Opponents of the Constitution Opponents of the Constitution became known as Anti-Federalists became known as Anti-Federalists and were concentrated among the and were concentrated among the backcountry farmers who feared the backcountry farmers who feared the power that the elites would have in a power that the elites would have in a strong national government located strong national government located far away from the influence of the far away from the influence of the people.people.

ControversyControversy

Anti-Federalists believed that state Anti-Federalists believed that state governments would be more governments would be more responsive to the needs of the responsive to the needs of the people. people.

Controversy centered on the Controversy centered on the lack of lack of a a bill of rights bill of rights to protect the rights to protect the rights of the individual against an abusive of the individual against an abusive government.government.

CompromiseCompromise

A compromise was reached when A compromise was reached when several states ratified only on the several states ratified only on the condition that a bill of rights would condition that a bill of rights would be added. Federalists James Madison, be added. Federalists James Madison, Alexander Alexander

Hamilton and John Jay campaigned Hamilton and John Jay campaigned for ratification by writing a series of for ratification by writing a series of essays that are collectively known as essays that are collectively known as The Federalist Papers.The Federalist Papers.

Federalist PapersFederalist Papers These essays were written to influence These essays were written to influence

the New York ratifying convention to the New York ratifying convention to ratify a stronger national government. ratify a stronger national government.

The authors supported a central The authors supported a central government capable of protecting the government capable of protecting the rights of the people against local rights of the people against local prejudices but not so strong as to prejudices but not so strong as to threaten the liberties of the people. threaten the liberties of the people.

The Federalist Papers The Federalist Papers provides an provides an understanding of the intentions of the understanding of the intentions of the framers of the Constitution.framers of the Constitution.