The Search for a Strong and Stable Government

1. The Search for a Strong and Stable Government “We must all hang together or we shall hang separately.” Benjamin Franklin

2. The horse, (America) throwing his master (King George III)

3. Endearing Questions • Having just released themselves from Britain's monarchy, what would the colonists fear? • Judging from some of the complaints the colonists had against Britain, what might some of their concerns be for any future government? • What decisions would the colonists have to make about forming a new government out of 13 colonies, which, until 1776, had basically been running themselves independently?

4. Governing the States • After independence was declared, original colonial charters were replaced with state constitutions; • Government officials became PUBLIC SERVANTS – they could only do what the people wanted them to do;

5. Governing the States • Citizenship in the states was restricted to white male property owners; • Neither women nor African Americans could vote in most states. • The South disestablished (refused to support through taxation) the Church of England; • In New England, only Protestants could vote; • Roman Catholics could not hold office in 5 states; Jews couldn’t in 9.

6. New State Governments • Discriminated against their residents on the basis of race, sex, religion and economic standing BUT... • ...most state constitutions included a Bill of Rights, indicating the “inalienable rights” that the state governments had to recognize and protect, such as trial by jury and freedom of the press.

7. The State Constitutions • All states, except Penn. and Ga., created BICAMERAL (2 house) legislatures; • Many were fearful of giving one person too much power, as in the case of the Governors or judges in the state courts. Consequently, men in these positions had their powers limited.

8. The State Constitutions

9. Need for a Central Government • Although each state had their own government, a central government was needed to unite them. • The war cost money, and needed an effective government administration, BUT the Congress possessed few powers and many delegates opposed a strong central government.

10. The Formation of the Central Government • The Second Continental Congress in 1777 marked the creation of the first central government; • Washington was appointed Commander-in-Chief of the Army; • The Declaration of Independence was drafted; • Paper money, “continentals”, was printed to finance the war. • Committees of Congress carried out the functions of the Head of State and Executive Leader of the country.

11. The Articles of Confederation • Drafted in 1777 by a committee of Congress; • Put in writing the powers already exercised by the Continental Congress. • ratified by all states except Maryland because they believed Congress should hold more power. For example, Congress did not have the power to collect taxes;

12. The Articles of Confederation • Stressed the importance of the separate states: • Governing authority was placed in a UNICAMERAL (one-house) Congress in which each state had one vote. • All laws passed by Congress had to be approved by 9 of the 13 states; • Limits were placed on the power of the President of the Congress, showing suspicion of the central government.

13. The Articles of Confederation cont’d • There was also an issue with who should control the western lands (undiscovered territory) • Many state’s colonial charters included a “sea-to-sea” land grant; Maryland’s did not. • Maryland, with some other states who had no charter, wanted all state claims to land beyond the Appalachians to be administered by Congress; • Other states, such as Virginia, claimed these territories (present day Kentucky, West Virginia, Ohio, Indiana, Illinois, Michigan, and Wisconsin), and were, at first, unwilling to compromise; • In 1781, Virginia agreed to give up its claim to the undiscovered territories when faced with the threat of attack by the British (they needed help from the other states defending themselves). • As a result of Virginia’s concession, Maryland finally ratified the Articles (Jan. 1781).

14. To Sum it all up... • For the most part, the Articles of Confederation, adopted in 1777 and ratified in 1781, allowed each state to do what it wanted! • Important decisions had to be agreed upon by the states unanimously, which was nearly impossible. • Such protections were a response to the fear of a strong central government (such as a monarchy). • Protecting the rights of states was a primary concern of those who drafted the Articles. • A federal government was established, but that government had very little power to compel states to do anything such as pay taxes, send representatives to Congress, or help another state.

15. Why was a Constitution Necessary? The Inadequacies of the Articles of Confederation • The national government did not have the power to regulate foreign trade; • The national government lacked the power to regulate finances; • The national government did not have a court system; • The national government did not have an independent taxing power; • The national government lacked the power to enforce treaties • The national government couldn’t compel states to send representatives to attend Congress.

16. Example demonstrating weakness of Articles of Confederation • Under the Articles of Confederation, the federal government had very little power to compel states to act. It was very difficult to get representatives from the states to show up at meetings. • The Continental Congress Ratified the Treaty of Paris January 14, 1784 When did the Revolutionary War officially come to an end? On September 3, 1783, more than a year after the last shots were fired, a peace treaty was drawn up in Paris. Under the terms of the treaty, the United States was granted territory as far west as the Mississippi River. • After the Treaty of Paris was signed, it was sent to the Continental Congress. The United States had six months to ratify (approve) the document and return it to England. With the journey requiring approximately two months, the treaty needed to be on its way back to England by January. The valuable document almost did not arrive in time. • A ratifying convention was scheduled at the Maryland State House in November, but many of the delegates did not arrive right away. By January 12, only seven of the 13 states had sent their representatives. Time was running short; where were the other delegates? • Operating under the weak Articles of Confederation, the Continental Congress lacked the power to enforce attendance at the convention. On January 13, the convention needed one more delegate. Finally, South Carolina Representative Richard Beresford, who was ill, traveled to Maryland. As soon as he arrived, the vote was taken, and on January 14, 1784, the treaty was ratified. The United States was officially an independent nation.

17. Assignment: • Read Chapter 6 Section 2 (p. 149-154) • Using the following headings, summarize how issues in these areas also helped push the United States to create a new constitution: • Problems with Foreign Relations; • Settling the West; • Disputes Between the States. • Based on the information above, and using Chapter 6 Section 1 if needed, complete the following: • What were 5 strengths and 5 weaknesses of the Articles of Confederation? • Why were the Articles acceptable to many Americans when they were first adopted? • How adequate were the Articles for the needs of a new nation? • Despite the long struggle to break free of Britain, most Americans after the Revolutionary War continued to think of themselves either as individuals or as inhabitants of states, not as members of a nation. Provide four facts that support this generalization. • Based on what you have learned to date, explain why the United States might have to form a government different from that created by the Articles of Confederation.

18. The Creation of the Constitution

19. The Constitutional Convention • Took place in Philadelphia in May 1787; • 12 of the 13 states sent delegates (Rhode Island refused to participate); • George Washington presided over the discussions on how to reform the Articles of Confederation;

21. The Virginia Plan – representation based on population • Introduced by James Madison of Virginia; • Called for greatly enhancing the powers of the central government; • Powers would be divided between three branches of government: legislative (a bicameral congress), executive (a president), and judicial (a federal court system); • Faced opposition because representation in both houses of Congress would be based on population which favoured large states at the expense of the small ones.

22. The New Jersey Plan – representation based on equal representation • A compromise plan that focused on congressional representation: • the lower chamber (the House of Representatives) by population; • the upper chamber (the Senate) by equal representation (each state would get 2 members).

23. Virginia vs. New Jersey Plan

24. The “Great Compromise” • Compromise introduced by the Connecticut representatives to the convention; • took aspects from both the Virginia and New Jersey Plans to create a national legislature with both proportional and equal representation. • Congress would have two houses; the House of Representatives would be elected directly by the people, proportionally representative, and its members would serve for two years. • The Senate would be elected by state legislatures, equally representative, and its members would serve for six years. • Argued over bitterly, the Connecticut Compromise passed by one vote.

25. Economics • northern states - interested in the regulation of interstate commerce (to protect American shipping); this would help their businesses run smoother. • southern states were opposed it – they wanted to control their own trade. • Compromise: navigation laws introduced but subject to a veto by the South.

26. The Question of Slavery • Southern states wanted slaves to be included in calculating their populations for representation (even though they weren’t considered citizens), but they didn’t want slaves calculated in with the taxes citizens had to pay; • The north wanted to count slaves for taxation but not for representation • The south also would reject any constitution that outlawed slavery; • slaves had been a part of the colonies since their creation, and were considered property by slaveowners. • This proved to be a major source of controversy....

27. The Three-Fifths Compromise • Compromise: THREE-FIFTHS COMPROMISE • 1 slave = 3/5 of a person when determining how many representatives a state could send to the House of Representatives, and when computing taxes. Additionally, • Congress could regulate commerce, but could not touch the slave trade for 20 years (b/c preserving the union was more important than eradicating slavery), and • the fugitive slave clause of Article IV provided that slaves who escaped to other states must be returned to their owners

28. Impact of Compromises • The new government could: • Levy and collect taxes; • Regulate commerce with foreign nations and between the states • It could write and enforce commercial treaties that would increase foreign trade • Could keep trade between the states free of barriers; • Coin money and regulate its value (a national standard of money)

29. The Executive Branch – The Electoral College • Many delegates preferred the constitutional monarchy style – where one person is granted powers as stated in a Constitution and are in that position for life; • Some delegates favoured a group executive so that no one individual could become too powerful (an executive committee) • Compromise: • president’s term limited to 4 years; • Electors chosen by state legislatures would assemble to select the president;

30. The Judicial Branch • Created a Supreme Court • New government empowered to create inferior courts

31. Ratifying the Constitution • 42/55 delegates signed the document; • Framers of the Constitution foresaw difficulties, required the ratification of nine states in order to establish the Constitution

32. Federalists vs. Anti-Federalists Federalists Anti-Federalists those who opposed the Constitution (the federalists) Mostly small farmers – less educated and poor. Distrusted government; Wanted to limit the power of the government; Terms of office should be brief; Opposed appointing office; Feared the constitution would sacrifice the independence of the U.S. State governments would be supreme. Felt the Constitution failed to protect civil liberties (freedom of speech and religion), so they pushed for a Bill of Rights • those who supported the Constitution • often well-to-do artisans, professionals and merchants; • Feared people more than the government; • Favoured federalism – a system in which power is divided between a central government and regional governments • National government would be supreme • Promised the amend the Constitution if it was ratified to include a Bill of Rights to protect the people

33. The Constitution is Ratified • By July 1788, all states except Rhode Island (initially they didn't want to give the federal government too much power – liked things the way they were; ratification was refused until a Bill of Rights was included) and North Carolina (wanted a Bill of Rights) ratified the Constitution • By May 1790, all 13 states ratified the Constitution (N.Carolina and Rhode Island held out, but agreed after being threatened to be treated as foreign powers and punished through discriminating tariffs). • The First American President was George Washington; • The first American Vice-President was John Adams; • A temporary national capital was set up in New York.