At 2nd Continental Congress – urged colonies to draft new constitutions to replace British royal charters

Between 1776-1780 – all colonies but Rhode Island and Connecticut did so

Relied on the idea of ‘republicanism’ ◦ Political leaders receive their authority from

the citizens

Most of these new Constitutions restricted the powers of the governors

Many also reduced the influence of the church on government

In 1779, Governor of VA – Jefferson issued VA Statute for Religious Freedom◦ Human mind was created free and that gov.

control over religious beliefs was tyrannical (no state church)

These “Republican” states did not grant full citizenship to women◦ Limited right to vote and hold office to white

property owners

Republican Motherhood ◦ American women could influence politics and

society through their work in the home◦ Offer moral guidance to their husbands◦ Educate children in principles of liberty,

democratic values, and civic responsibility Weakened women’s chances of gaining

political rights

Colonies were willing to join in a ‘loose union’ but were reluctant to hand over control to a national government

Ben Franklin supported the idea of this Confederation

July 12, 1776, Articles of Confederation was presented

Debated for about 16 months, adopted on November 15, 1777

Created a confederation while guaranteeing each state its ‘sovereignty, freedom, and independence”

Articles authorized Congress to borrow and coin money, conduct foreign relations, set policy towards American Indians

Congress could ask but not require states to contribute money to central government

Each state got 1 vote in Congress, regardless of size or population

All 13 states had to ratify (approve) Articles One major issue blocked ratification – LAND Several states claimed vast tracts of

western land – states without claims wanted that land given to national government

Issue boiled down to $$$$ Congress expected each state to help pay

off war debt States with western lands could sell it and

make extra cash – states without claims had to raise taxes

States without western land refused to ratify – ex. Maryland

NY and VA gave western lands to Congress to promote national unity

By 1781, all states agreed to enter Confederation – officially “United States of America”

Congress knew western land would remain a problem

Ordinance marked off land into 640-acre tracts

Sell for no less than a dollar an acre and one section reserved for a school

Established a system for governing Northwest territory◦ Present day states of Indiana, Illinois, Michigan,

Ohio, and Wisconsin Guaranteed settlers civil rights and banned

slavery in that territory◦ ***Escaped slaves did have to be returned

Land Ordinances established a pattern for settlement for the next 75 years..

On paper, Confederation enjoyed broad powers, but in reality it was weak◦ Proposed changes need consent of all 13 states

Congress needed cash to pay war debt◦ Could not tax people directly, appealed to states

for funds◦ States avoided paying their share

IN 1784, Confederation began to experience a depression

Depression and money shortage left farmers with fewer markets for their goods and little money to pay their debts

In Massachusetts, merchant controlled legislatures imposed heavy taxes on land to pay state’s war debt

Legislature adjourned in 1786 without resolving the issue, farmers rebelled

One of the leaders was Daniel Shay – former Rev. War Captain

December 26, 1786◦ Shay and some 1200 farmers set out for

Springfield Massachusetts – intent of seizing federal arsenal

◦ Governor called for 4000 recruits to help militia guard the arsenal

◦ Shay and company launched attack in late January

◦ When artillery killed 4 of Shay’s men, Shay’s men fled

◦ Militia crushed rebellion by end of February

Rebellion raised doubts about the central governments ability to deal with civil unrest

Many now calling for a stronger central government

Provided for a weak national government Gave Congress no power to tax or regulate

commerce between states Provided for no common currency Gave each state one vote regardless of size Provided for no executive or judicial

branches

Drafting and Ratifying the Constitution

In late 1780s, more leaders realized the Articles need improvements

A call for a Constitutional Convention◦ Philadelphia – May 14. 1787

Independence Hall

George Washington – President James Madison Alexander Hamilton Ben Franklin

Thomas Jefferson, Patrick Henry and John Adams not at Convention

Congress charged the delegates to revise Articles of Confederation◦ Some believed it should be replaced

Edmund Randolph – presented the VA Plan◦ Shifted power away from states and towards a

central government◦ Plan reflected that nations survival depended on

Federalism (division of power between federal and state)

◦ Gave Congress right to overturn state laws, tax states

Called for 3 branches◦ Judicial, Executive, and Legislative (Bicameral)

Voters put members in lower house who choose members of upper house

Dispute of number of representatives VA and Penn favored representation based

on population, Delaware wanted equal delegates

James Madison – “Father of the Constitution

Madison – Authored most of the Bill of Rights

Strong unicameral legislature◦ Each state has one vote

Gives federal government power to tax and regulate commerce

Plan was essentially thrown out because it did not fix problems of Articles of Confederation

Great Compromise◦ Each state, regardless of size, 1 vote in upper

house◦ Lower house based on population

3/5ths Compromise◦ Slaves as a part of the population?◦ Conclusion: only three-fifths would count in

determining representation

On September 17, 1787, the 42 remaining delegates at the Convention signed the Constitution when it was then sent out for states to ratify.

Federalists◦ Favored ratification◦ Wealthy merchants, planters, and lawyers –

strong government would ensure a strong currency

◦ James Madison, Alexander Hamilton Federalist Papers

Anti-Federalists◦ Feared a powerful national government◦ Pointed out the voters don’t directly vote for

president – ‘undemocratic’

Federalists

1. Advocated importance of strong central government – promote economic development and public improvements

2. Today, those who see a primary role for the federal government in solving national problems are heirs to this tradition

Leading Virginians-George Washington-James Madison

Anti-Federalists

1. Feared an overly powerful central government destructive of the rights of individuals

2. Today, more conservative thinkers echo these concerns

Leading Virginians-Patrick Henry-George Mason

Issue of individual rights US Constitution did NOT contain a Bill of

Rights VA Declaration of Rights (George Mason)

included a Bill of Rights (protects individual liberties from Government)

Lack of Bill of Rights outraged Anti-Federalists

Federalists believed state constitutions would support individual rights

VA and NY agreed to ratify only if a Bill of Rights was included

Despite all the debate, enough states (9 of 13) ratified the Constitution by June 1788.

VA Statute for Religious Freedom◦ Thomas Jefferson◦ Outlawed the established Church

Government could not favor any Church

Bill of Rights – James Madison◦ Consulted the VA Declaration of Rights and VA

Statute of Religious Freedom

Constitution

FEDERALISM

Marbury vs. Madison – 1803◦ Set the precedent of judicial review◦ First time the term “unconstitutional” was used

McCulloch vs. Maryland – 1819◦ Set the doctrine of Implied powers

Gibbons vs. Ogden – 1824◦ Set up a broad national view of economic affairs◦ Power to regulate interstate commerce was

granted to Congress

These 3 major cases are the foundation of the Supreme Court’s authority to mediate disagreements between branches of government, levels of government, and competing business interests