Forming a Government: Articles of Confederation and Problems in the New Nation

1. Chapter 8 Forming a Government (1777-1791)

2. Chapter 8Forming a Government (1777-1791) Section 1 The Articles of Confederation

3. Ideas About Government • 1st step after becoming independent was to form governments • Influences: • Roman Republic • English law • Magna Carta and the English Bill of Rights – limited the power of monarchs • People’s representatives had stronger voice in government • Enlightenment • Called for use of reason and belief in human goodness • John Locke – social contract – government has duty to protect unalienable rights, leaders who don’t shouldbe replaced; rule of law is more important than the authority of any individual • Also looked to own traditions – New England town meetings and the Virginia House of Burgesses – American models of representative gov. • Iroquois League • The Fundamental Orders of Connecticut was widely considered to be the first written constitution in the English colonies (basic principles and laws that state powers and duties of the government) • FOC and Mayflower Compact = self-government documents written by colonists before the Revolution

4. The State Constitutions • Showed belief in republicanism – support for a system of government called a republic • Limited government – keep individual leaders from gaining too much power • All leaders have to obey the laws and no one has total power – careful not to give governors more power than any one representative • Protected individual rights of citizens • Trial by jury, freedom of the press and private ownership of property • Virginia Statute for Religious Freedom – written by Thomas Jefferson - promoted separation of church and state in Virginia; inspired other states to not create an official church

5. The State Constitutions (continued) • Expanded suffrage • Some states allowed any white man who paid taxes to vote; other states, only white men who owned property • Most states, people had to own property to hold an elected office

6. Forming a Union • Many members of the Second Continental Congress believed that a national government was necessary to hold the country together • Committee of Thirteen (June 12, 1776) – made up of one member from each colony; led by John Dickinson • Articles of Confederation • A new Confederation Congress would become the central national government • Each state would have one vote in congress • National government did not have a president or court system

7. Could make coins and borrow money, negotiate and make treaties with other countries and American Indians, settle conflicts between the states and could ask states for money and soldiers • Could not force states to provide money or troops, even in emergency • Articles criticized for forming a weak national government • Articles passed by the Second Continental Congress on November 15, 1777 • Sent to each state for ratification – all 13 had to ratify • Conflicts over western lands slowed the process • Virginia and New York had some of the largest land claims – extending to the Mississippi River • States without land claims wanted the land to belong to the new national government • Maryland was the last state to ratify • First national government of the U.S. put into effect March 1781

8. The Northwest Territory • New central government had to decide what to do with western lands under its control and raise money to pay war debts • Land Ordinance of 1785 – set up a system for surveying and dividing the public territory • First land was split into townships of 36 square miles • Each divided into 36 lots of 640 acres each • One lot set aside for public school, 4 lots saved for Revolutionary War veterans • Remaining lots sold to the public

9. The Northwest Territory (continued) • Northwest Ordinance of 1787 – created the Northwest Territory (included the area that is now Illinois, Indiana, Michigan, Ohio, and Wisconsin) • Political system for the region north of the Ohio River • Created a system for bringing new states into the union • Congress agreed to divide the NW Territory into several smaller territories, each with a governor appointed by Congress • When the population of a territory reached 60,000 its settlers could draft their own constitution, then ask permission to join the Union as a state • Had a bill of rights, required public education be provided, banned slavery

10. Chapter 8Forming a Government (1777-1791) Section 2 Problems in the New Nation

11. A Lack of Respect • Congress could do little to protect citizens • Congress could not force states to provide soldiers for an army • Difficult to enforce terms of international treaties • Treaty of Paris called for British to turn over their forts on U.S. side of the Great Lakes – British were taking their time • Spanish closed lower Mississippi River to U.S. shipping • State leaders began to criticize the weak Confederation Congress • Critics believed that a strong military would help the U.S. put pressure on Spain to open the Mississippi

12. Trouble With Trade • After the Treaty of Paris, Britain closed many of its ports to American ships (including British West Indies) • British forced American merchants to pay high duties on U.S. exports – applied to goods such as rice, tar, and tobacco • Loss of trade with Britain shook U.S. economy • Farmers could no longer export goods to British West Indies • Had to hire British ships to carry goods to British markets = very expensive • British were flooding U.S. market with their products at low prices • Confederation Congress could not fix the problem because they did not have the power to pass tariffs • American merchants began looking for other markets – China, France, Netherlands, etc. • British remained the most important trading partner of the U.S.

13. Economic Problems at Home • Confederation Congress had no power to regulate interstate commerce – trade between two or more states • Trade laws differed from state to state • Ability of states to print their own money cause more problems • Most states had trouble paying off war debts; struggled to collect overdue taxes • Some states printed large amounts of paper money resulting in inflation • Congress could not stop states from printing money, could do little to stop inflation • Planters in North Carolina began selling tobacco to state government for paper money • Debtors happy = paying back debts with money worth less than the money they borrowed • Creditors upset = being paid back with worthless money • Rising inflation combined with the loss of trade with Great Britain caused a Depression

14. Debt In Massachusetts • Massachusetts refused to print paper money, tried to pay war debts by collecting taxes on land • Hit farmers hard – landowners who had to pay new taxes • Had trouble paying debts • Massachusetts courts forced them to sell property • Some served terms in debtors’ prison

15. Shays’s Rebellion • Farmers in western Massachusetts closed down courts – with courts shut down no property could be taken • Led by Daniel Shays • Threats of death to any captured rebel only made Shays and followers more determined • Rebellion helped reveal the weakness of the Confederation government • Led some Americans to admit the Articles of Confederation were not working • Congress could offer little help to Massachusetts in putting down the rebellion • More wanted stronger national government, one that could protect the nation in times of crisis

16. A Push for Change • Virginia legislature called for a national conference to talk about changing the Articles of Confederation in 1786 • Annapolis Convention – Annapolis, Maryland – only five states sent delegates • New England states, the Carolinas and Georgia were not represented • James Madison and Alexander Hamilton attended • Annapolis delegates called on all 13 states to send delegates to a Constitutional Convention at Philadelphia in May 1787

17. Chapter 8Forming a Government (1777-1791) Section 3 The Constitution

18. The Constitutional Convention • Constitutional Convention was held in May 1787 – Philadelphia’s State House now called Independence Hall • 12 states sent total of 55 delegates – Rhode Island refused to send delegation • Most were well-educated, served in state legislatures or the Confederation Congress • Benjamin Franklin was the oldest delegate • James Madison – one of most important delegates • Washington – part of Virginia delegation, elected president of whole Convention • Those not there: John Adams and Thomas Jefferson – ambassadors; Patrick Henry – against the meeting; women, African Americans, American Indians

19. The Great Compromise

20. The Great Compromise (continued) • The Great Compromise was the compromise between large states and small states on how they would be represented (Virginia Plan vs. New Jersey Plan) • Terms of Compromise • Upper house of legislature - all states would have equal vote • Lower house – number of representatives based on population (ex. Alabama = 7, California = 53)

21. The Three-Fifths Compromise • Regional differences regarding representation centered around slavery • Southern states wanted slaves counted as part of their population to determine number of representatives • Northern states wanted slaves counted to determine taxes but not representation • Three-Fifths Compromise – agreed to count 3/5 of the slaves in each state as part of its population; designed to resolve remaining regional disagreements over the Great Compromise • Another major issue = foreign slave trade • George Mason and John Dickinson wanted to end trade • Southern delegates threatened to leave the Union if the Constitution immediately ended the slave trade • Compromise = northern delegates agreed to wait 20 years before seeking to end slave trade if southern delegates would drop the demand that laws in Congress be passed with a 2/3 majority vote

22. Our Living Constitution • Wanted strong national government but wanted to protect popular sovereignty (political authority belongs to the people) • Looked to federalism – sharing of power between central government and states • Federal government has power to enforce its laws in states – each state must obey; federal government may use military (troops under command of president) • States have control over government functions not specifically assigned to the federal government • Local government, education, chartering of corporations • Create and oversee criminal and civil law • Protect welfare of citizens

23. A Delicate Balance • Constitution balances powers within the federal government • Three branches of government: • Legislative – Congress – responsible for proposing and passing laws • made up of two houses: Senate (upper house) – 2 members from each state; House of Representatives (lower house) – state represented according to population • Executive – President and departments that help run government – makes sure laws are carried out • Judicial – all national courts – interprets laws, punishes criminals, settles disputes between states

24. A Delicate Balance (continued) • System of checks and balances – to keep any branch from becoming too powerful • Ex. Congress given power to propose and pass legislation but President has veto power…however, Congress can override veto with 2/3 majority • Supreme Court has power to review laws passed by Congress – court may strike down laws viewed as unconstitutional • Delegates knew constitution was not perfect • September 1787 – delegates signed final draft and sent to states for ratification; only 3 of the 42 who remained refused to sign (Eldridge Gerry of Massachusetts and Edmund Randolph and George Mason of Virginia)

25. Chapter 8Forming a Government (1777-1791) Section 4 Ratification of the Constitution

27. The Federalist Papers • Some of the most important arguments in favor of the Constitution appeared in a series of essays known as the Federalist Papers • All written under the name Publius – Alexander Hamilton, James Madison and John Jay • New federal government would not overpower states • Widely reprinted and strongly influenced the debate over the constitution

28. The Ratification Fight • Articles – all 13 states had to ratify; Constitution 9 of 13 had to ratify • Delaware was the first state to ratify – December 7, 1787 • Followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, and New Hampshire • Went into effect June 1788 after New Hampshire ratified (9th state) • Still debated in New York, North Carolina, Rhode Island and Virginia • John Jay and Alexander Hamilton pushed for ratification in New York • Needed agreement of New York (center for business and trade) and Virginia (largest population in the nation) • Rhode Island was last to ratify in May 1790

29. Demanding a Bill of Rights • Some states ratified only after they were promised a bill of rights would be added • Some Federalists believed they were unnecessary because people were already promised these rights under state constitutions • Some Federalists believed the Constitution was itself a Bill of Rights because it was written to ensure liberty for all citizens • Added as amendments to the Constitution • Proposed amendments had to be approved by a 2/3 majority of both houses of Congress, then ratified by ¾ of states to take effect • Bill of Rights (1st 10 amendments to the Constitution) were passed in December 1791 • Added to the strength and flexibility of the Constitution • Set a clear example of how to amend the Constitution to address the needs of the nation • World’s oldest written national constitution