The Confederation & the Constitution

1. The Confederation & the Constitution 1776-1790

2. State Constitutions • Features: • Bill of rights • Annual elections • Weak executive & judicial • Strong legislative • Better representation for western areas

3. 1780’s Economy • Depression • National & state debts • No currency • Inflation • Loyalist holdings divided

4. US DEBT AFTER THE WAR We owed France, Spain and other countries who helped us with the Revolutionary War. Foreign Debt $11,710,000 State Debt $21,500,000 Individual states owed citizens who loaned money to their state. US Govt. owed soldier’s for fighting in the war, debts to British and Loyalists. Federal Domestic Debt $42,414,000 $80 Million

5. Manufacturing bolstered • Lost British markets • Gained new markets (Baltic area/Asia) • Economic democracy came before political democracy

6. Foreign Policy Challenges • Britain • Navigation Laws remained • Frontier region problems • Spain • Closed Mississippi River to US • Territory disputes in SW • Jay-Gardoqui Treaty (1786)

7. Jays British were to remove their troops from US soil…..The National Government under the AOC was powerless to force Great Britain to honor the Treaty of Paris, 1783

8. British forts on U.S. soil was threat and a violation of the Treaty of Paris, 1783 Disputed land claims with Spain

9. France • Repayment of loans • Restricted trade with West Indies • Mediterranean • Sailors enslaved/kidnapped • Dey of Algiers

10. Ratifying the Articles • Adopted 1777 • Western land claims delay ratification • 1781: Land eventually turned over to federal gov’t for creation of new states

12. Articles of Confederation • 13 states join to deal with common problems • Congress was chief agency • No executive or judicial • One vote per state

13. Bills - 2/3 vote • Amendments – unanimous • Intentionally weak • No power to regulate commerce • No power to enforce taxes

14. Vulnerable to challenges • Newburgh Conspiracy (1783) • PA Soldiers revolt (1783)

15. ARTICLES OF CONFEDERATION • Government Structure • Congress – 1 branch • Confederation Congress • No executive branch or president • No judicial system • One vote per state regardless of size • Powers of Congress • Make war & peace • Make treaties • Build navy & army • Settle disputes among states • Set up monetary system • State Responsibilities • Obey Articles & acts of Congress • Provide funds & troops when “requested” by Congress • States regulated own trade & taxed each other • States had their own currency Major Problem: Created a weak national gov’t that could not tax, regulate trade or enforce its laws because the states held more power than the National Government.

16. Land Laws • Land Ordinance of 1785 • Old Northwest sold to pay national debt • Surveyed into townships • 36 sq. mi. sections • 16th for public schools

17. Land Ordinance of 1785 Public Land sold for $1.00 to $2.00 an acre = pay debt Plot #16 was set aside for public education

19. Northwest Ordinance of 1787 • 60,000 people = territories could become state • Equal status with others • Ensures peace between East & West • Forbade slavery in Old NW

20. NORTHWEST ORDINANCE Ohio 1ST STEP WHEN PEOPLE FIRST SETTLE IN THE AREA: Congress appoints a governor and three judges to govern the territory 2nd STEP 5,000 FREE ADULT MALES: Landowners elect a congress to make laws and raise taxes with approval of governor. 1 representative is elected to the US Congress who can debate but not vote. 3rd STEP 60,000 SETTLERS: Becomes a state, with its own government and constitution. New states admitted with same rights as the original states. No more than 5 states can carved out of this area. The Northwest Ordinance encouraged ideals of the DOI and republicanism (representative democracy) religious freedom, protection of liberty and property, encouraged education, admitted new states and no slavery.

22. Failures of Articles • No power to regulate problems: • States: boundaries disputes, tariffs, currency • Gov’t: debt, taxes

23. Major Problem Could not tax, regulate trade or enforce its laws because the states held more power than the National Government. Why? Feared a government like King George

24. Shay’s Rebellion (1786) • Poor Massachusetts farmers losing farms • Captain Daniel Shays led march on several cities • Closed courthouses • Militia raised to put down

26. Significance: • Propertied class feared that Revolution created a “mobocracy” • Led to cries for stronger central gov’t

27. Annapolis Convention (1786) • Purpose: improve interstate commerce • 5 states show up • Results: Alexander Hamilton gained commitment to a constitutional convention the next year to overhaul the AOC

28. Constitutional Convention

29. 12 of 13 states represented • 55 delegates in May 1787 • Conservative group • Washington elected President • Sessions held in secrecy • Purpose: “revise” Articles

30. Constitutional Convention

31. James Madison • “Father of the Constitution” • National Principle • Separation of Powers • “extended republic”

32. Scrap the Articles completely • Issue of Representation: • Large-State Plan (Virginia) • Proportional representation • Bicameral Congress • Small-State Plan (New Jersey) • Equal representation • Unicameral Congress

33. Conflict threatened to end convention • Great Compromise • Roger Sherman • House of Representatives • Senate • Tax bills come from House

34. GREAT COMPROMISE CREATES CONGRESS • Great Compromise or Connecticut Compromise • New Jersey Plan • Virginia Plan • People to elect their representatives. • 2 houses of Congress • Bicameral CONGRESS • HOUSE OF REPESENTATIVES • Elected by the people • Representatives based on population per state….. • More population the more representatives you have • 2 year term • Satisfied larger states • SENATE • Elected by each state’s congress • Equal representatives • 2 representatives per state • 6 year term • Satisfied smaller states

35. Strong executive branch created • Commander-in-chief • Appoints officials and judges • Veto power • Elected by Electoral College

36. ELECTORAL COLLEGE • Historical Background • Why was the Electoral College created by the Framers? • Created as an alternative to either popular election or Congress electing the President. • Each state chose electors---based on the number of representatives each states has in Congress. 2. Electoral vote was state to state---each elector voted for two candidates…. One vote per candidate. • Electors vote with the “will” of the people from the state they represented…but not required. • Candidate with the most votes became President; runner-up became Vice President. 3. In case of a tie, the House of Representatives elected the President. electoral college

37. North-South Issues: • “Three-Fifths Compromise” • Slaves count as 3/5 a person for representation in House • Slave Trade to end in 1808

38. Fugitive slaves could be reclaimed by southerners (“Fugitive Slave Law”)

39. Commerce Compromise • Congress could tax imports but not exports • Irony of North-South Issues: • South thought they would become dominant through pop. • North thought slavery would die out • Both wrong

40. Mason-Dixon Line Ohio River Slavery in the New Nation

41. Separation of Powers • “checks & balances” • Executive = enforce the law • Legislative = make the law • Judicial = interpret the law • 3 are separate (have different powers) & co-equal • check and balance one another to make sure one branch does not get to powerful

43. Elastic Clause • “necessary and proper” • Gives broader power to federal gov’t • Supremacy Clause • “supreme law of the land” • Federal power above state power

44. Attempt to check “mob” • All delegates feared manhood-suffrage democracy • Only House chosen by direct vote • Only legitimate gov’t was one based on consent of governed • “We the people…”

46. No Bill of Rights because… • Hypocritical of southerners • States already had them • Very delicate agreement already

47. Ratification Debate • Federalists vs. antifederalists • Propertied groups vs. Poorer classes

48. Art. 5, 6, 7 Federalists • A strong national gov’t over the states was needed to protect “life, liberty, property and the pursuit of happiness” • Constitution was a “sound” document which “limited” the power of the national gov’t • Gave it power to settle problems within the country • Representative democracy is what the constitution was built on and stated in the Preamble, “We the People” • Appealed to more the wealthy, business owners, and educated • Notables: • Alexander Hamilton • George Washington • Ben Franklin • John Adams • James Madison

49. Art. 5, 6, 7 Anti-Federalists • The national gov’t was too powerful and it would take away your right to “life, liberty, property and the pursuit of happiness” • The constitution was a threat to the “rights” we fought for in the Revolution • States” should have more authority than the national gov’t • Feared representative democracy was threatened because our rights were not protected • Appealed to the common man, farmers, and less educated • Notables: • ThomasJefferson • Patrick Henry • Sam Adams

50. Small states ratify quickly • DE, NJ, GA, CT • PA first large state • MA wanted bill of rights • MD, SC, NH ratify next