Shaping a New Shaping a New NationNation

Chapter 5Chapter 5

New GovernmentsNew Governments The War for Independence from Britain The War for Independence from Britain

necessitated creation of new governments necessitated creation of new governments for the American states as well as for the for the American states as well as for the states assembled states assembled

New State ConstitutionsNew State Constitutions Replaced colonial charters at the urging of the Continental Replaced colonial charters at the urging of the Continental

Congress in 1776. Congress in 1776. Experience with British rule caused those who drafted written Experience with British rule caused those who drafted written

constitutions to limit government power, particularly that of constitutions to limit government power, particularly that of the governor.the governor.

Property requirements for voting were lowered in most states Property requirements for voting were lowered in most states and the legislatures powers were expanded.and the legislatures powers were expanded.

Religious tests to hold office were generally retained.Religious tests to hold office were generally retained. Most constitutions contained a bill of rights to protect Most constitutions contained a bill of rights to protect citizenscitizens

against government tyranny.against government tyranny. Pennsylvania’s 1776 Constitution was the most radically Pennsylvania’s 1776 Constitution was the most radically

democratic, with a one-house legislature and no Governor.democratic, with a one-house legislature and no Governor. Constitutions were submitted to the people for ratification.Constitutions were submitted to the people for ratification. Some State constitutions (notably Pennsylvania) were written Some State constitutions (notably Pennsylvania) were written

in the 1780s shifting power from the legislatures to governors.in the 1780s shifting power from the legislatures to governors.

First Continental First Continental CongressCongress

Delegates, elected Delegates, elected by colonial by colonial conventions, met conventions, met in Philadelphia in Philadelphia beginning in beginning in September 1774.September 1774.

Second Continental Second Continental Congress: (1775 - 1781)Congress: (1775 - 1781)

Became the unified Became the unified government for the government for the Revolution, most Revolution, most power remained with power remained with states. states.

Congress created the Congress created the Continental Army Continental Army with George with George Washington as Washington as Commander.Commander.

Currency was printed Currency was printed to pay for supplies. to pay for supplies.

Second Continental Second Continental Congress: (1775 - 1781)Congress: (1775 - 1781)

A committee was A committee was organized to deal with organized to deal with foreign policy.foreign policy.

The Declaration of The Declaration of Independence was Independence was approved.approved.

A committee headed A committee headed by John Dickinson was by John Dickinson was appointed in 1776 to appointed in 1776 to write a Constitution write a Constitution (The Articles of (The Articles of Confederation). Confederation).

Articles of ConfederationArticles of Confederation Adopted by the Adopted by the

Continental Congress Continental Congress in 1777 and sent to the in 1777 and sent to the states for ratification states for ratification (not achieved until (not achieved until 1781).1781).

The Articles (the first The Articles (the first Constitution) created a Constitution) created a loose confederation of loose confederation of sovereign states (“a sovereign states (“a firm league of firm league of friendship’).friendship’).

Articles of ConfederationArticles of Confederation Each state Each state

delegation was given delegation was given one vote in the one-one vote in the one-house Congress. house Congress.

Important legislation Important legislation required a two-thirds required a two-thirds vote of the states, a vote of the states, a unanimous vote of unanimous vote of the state legislatures the state legislatures was required to was required to amend.amend.

Confederation Confederation AchievementsAchievements

The Articles of Confederation, a The Articles of Confederation, a transition to a stronger constitution, transition to a stronger constitution, achieved its most important success achieved its most important success in the handling of western lands.in the handling of western lands.

Confederation Confederation AchievementsAchievements

Administration of GovernmentAdministration of Government Through committees of Congress Through committees of Congress Departments of the Post Office, Finance, War, and Departments of the Post Office, Finance, War, and

Foreign Affairs were created. Foreign Affairs were created. Robert MorrisRobert Morris, Superintendent of Finance, , Superintendent of Finance,

attempted to stabilize tax, currency and debt attempted to stabilize tax, currency and debt policies but was frustrated by the states.policies but was frustrated by the states.

Confederation delegates successfully concluded Confederation delegates successfully concluded the Treaty of Paris, (1783) ending the the Treaty of Paris, (1783) ending the Revolutionary War. Revolutionary War.

Confederation Confederation AchievementsAchievements

Western Land ClaimsWestern Land Claims Long source of disputeLong source of dispute Seven states had huge Seven states had huge

western land claims western land claims (some overlapping) (some overlapping) based upon colonial based upon colonial charters, while six charters, while six jealous states had jealous states had none. none.

Confederation Confederation AchievementsAchievements

Western Land ClaimsWestern Land Claims Indian claims to land Indian claims to land

were either ignored or were either ignored or overridden by a variety overridden by a variety of treaties.of treaties.

Ratification of the Ratification of the Articles was delayed Articles was delayed (by Maryland and (by Maryland and others) until western others) until western lands were ceded to the lands were ceded to the nation “for the common nation “for the common benefit”.benefit”.

Sale of the lands would Sale of the lands would provide a source of provide a source of national revenue.national revenue.

The Land Ordinance of The Land Ordinance of 17851785

Provided that the Old Northwest (north of Provided that the Old Northwest (north of the Ohio River) was to be surveyed and the Ohio River) was to be surveyed and sold to help pay the national debt.sold to help pay the national debt.

Townships would be divided into 36 one-Townships would be divided into 36 one-square-mile sections to he sold for a square-mile sections to he sold for a minimum of one dollar per acre. minimum of one dollar per acre.

Income from the sale of one section was to Income from the sale of one section was to go to the support of public schools (the go to the support of public schools (the first example of federal aid to education). first example of federal aid to education).

Later, smaller plots at loner prices reduced Later, smaller plots at loner prices reduced land speculation.land speculation.

The Northwest Ordinance The Northwest Ordinance (1787)(1787)

Provided government for the Provided government for the territory. territory.

At first Congress would govern At first Congress would govern through appointed governors, with through appointed governors, with gradual increase in self-government gradual increase in self-government (an elected legislature). (an elected legislature).

The Northwest Ordinance The Northwest Ordinance (1787)(1787)

When population permitted, three to When population permitted, three to five states could enter the colonial five states could enter the colonial union on an equal basis with the union on an equal basis with the original thirteen; permanent colonial original thirteen; permanent colonial status was rejected.status was rejected.

A Bill of Rights protected freedom or A Bill of Rights protected freedom or religion, jury trials, and other rights.religion, jury trials, and other rights.

Slavery as abolished in the territory.Slavery as abolished in the territory.

Weakness of the Weakness of the ConfederationConfederation

In what some have called the critical In what some have called the critical period, weakness in the period, weakness in the Confederation seemed to prove the Confederation seemed to prove the need to increase the powerneed to increase the power of the of the national government.national government.

The Structure of the The Structure of the GovernmentGovernment

Proved to be defective and inadequate Proved to be defective and inadequate under the Articles of Confederation.under the Articles of Confederation.

Congress could: Congress could: Request funds and borrow money but not lay Request funds and borrow money but not lay

taxes or collect tariffs. taxes or collect tariffs. Declare war but riot raise armies.Declare war but riot raise armies. Not regulate interstate commerce. Not regulate interstate commerce. Negotiate treaties but lacked authority Negotiate treaties but lacked authority

abroad.abroad.

Diplomatic ProblemsDiplomatic Problems Multiplied after the war. Multiplied after the war. Congress was unable to Congress was unable to

compel states to repay compel states to repay prewar debts to British prewar debts to British citizens and allow Loyalists citizens and allow Loyalists to recover confiscated to recover confiscated property as provided in The property as provided in The Treats of the Paris, 1783.Treats of the Paris, 1783.

European governments European governments closed all American trade closed all American trade with their colonies. with their colonies.

Yet British goods flooded Yet British goods flooded the American market.the American market.

Secretary of Foreign Affairs, Secretary of Foreign Affairs, John Jay negotiated a trade John Jay negotiated a trade treaty with Spain, but ittreaty with Spain, but it was was blocked by Congress.blocked by Congress.

Financial ProblemsFinancial Problems Also troubled the Confederation government. Also troubled the Confederation government. Congress and the states had printed good faith Congress and the states had printed good faith

paper currency during the war it became virtuallypaper currency during the war it became virtually worthless and was never redeemed.worthless and was never redeemed.

The Confederation government sank deeper into The Confederation government sank deeper into debt. debt.

Inflation reached 200% between 1776 and 1783. Inflation reached 200% between 1776 and 1783. States attempted to impose their own tariffs on States attempted to impose their own tariffs on

domestic and foreign trade. domestic and foreign trade. Foreign trade, disrupted h he war, went through a Foreign trade, disrupted h he war, went through a

period of readjustment.period of readjustment.

Newburgh Conspiracy Newburgh Conspiracy (1783)(1783)

George Washington George Washington successfully blocked successfully blocked this threatened this threatened military coup aimed military coup aimed at strengthening the at strengthening the central government central government and guaranteeing and guaranteeing back pay and back pay and pension to officers pension to officers as the war came to a as the war came to a close. close.

PaxtonPaxton BoysBoys Pennsylvania Pennsylvania

recruits marched recruits marched on Philadelphia on Philadelphia demanding back demanding back pay and causing pay and causing Congress to flee to Congress to flee to various other various other cities. cities.

Shays’s Rebellion: (1786)Shays’s Rebellion: (1786) Dramatized the Dramatized the

government’s government’s apparent inability to apparent inability to maintain peace. maintain peace.

Debtor farmers Debtor farmers demanded more paper demanded more paper currency, post currency, post postponement of debt postponement of debt and tax payments, and tax payments, and an end to and an end to mortgage mortgage foreclosures.foreclosures.

In Rhode Island a In Rhode Island a debtor-control led debtor-control led government issued a government issued a flood of paper money. flood of paper money.

Shays’s Rebellion: (1786)Shays’s Rebellion: (1786) In western In western

Massachusetts rebel Massachusetts rebel farmers led by farmers led by Daniel Daniel Shays Shays attempted to attempted to interrupt the operation interrupt the operation of the courts. of the courts.

An armed band An armed band marched on the federal marched on the federal arsenal at Springfield. arsenal at Springfield.

The rebellion was The rebellion was easily crushed, but easily crushed, but fears of anarchy grew fears of anarchy grew among the wealthy.among the wealthy.

Delegates front Maryland Delegates front Maryland and Virginiaand Virginia

Met at Mount Vernon at Met at Mount Vernon at George Washington’s George Washington’s invitation (March, invitation (March, 1785).1785).

Hoping to ease Hoping to ease Potomac River and Potomac River and Chesapeake Bay Chesapeake Bay commerce and they commerce and they invited all states to invited all states to send delegates to a send delegates to a convention at convention at Annapolis, MD. Annapolis, MD.

Annapolis Convention: Annapolis Convention: September, 1786September, 1786

A meeting on commercial problems, but A meeting on commercial problems, but delegates from only five states attended.delegates from only five states attended.

Among leading delegates were Alexander Among leading delegates were Alexander Hamilton, James Madison, and John Hamilton, James Madison, and John Dickinson. Dickinson.

Hamilton authored a resolution which Hamilton authored a resolution which called for a Philadelphia convention the called for a Philadelphia convention the next year to render the constitution of the next year to render the constitution of the Federal Government adequate to the Federal Government adequate to the needs of the Union.needs of the Union.

Constitutional Constitutional ConventionConvention

At the Constitutional Convention the At the Constitutional Convention the Founding Fathers formulated a new Founding Fathers formulated a new document that greatly enhanced the document that greatly enhanced the powers of the national government. powers of the national government.

Philadelphia ConventionPhiladelphia Convention 55 delegates from 12 55 delegates from 12

states (Rhode Island states (Rhode Island was absent) met in the was absent) met in the summer of 1787 for summer of 1787 for the sole and express the sole and express purpose of revising the purpose of revising the Articles of Articles of Confederation.Confederation.

Nearly all delegates Nearly all delegates were well educated, were well educated, prosperous men of prosperous men of property. property.

Philadelphia ConventionPhiladelphia Convention George Washington George Washington

lent his prestige as lent his prestige as president (chairman). president (chairman).

James Madison (Father James Madison (Father of the Constitution) a of the Constitution) a philosopher of philosopher of governments, kept a governments, kept a journal of the sessions.journal of the sessions.

Aging Benjamin Aging Benjamin Franklin contributed a Franklin contributed a modern influence. modern influence.

Philadelphia ConventionPhiladelphia Convention Leading Revolutionary Leading Revolutionary

leaders were absent: leaders were absent: John Adams and John Adams and Thomas Jefferson were Thomas Jefferson were serving as diplomats serving as diplomats abroad. abroad.

It was agreed that a It was agreed that a stronger central stronger central government as government as necessary to restrain necessary to restrain natural human natural human selfishness. selfishness.

Philadelphia ConventionPhiladelphia Convention

Sessions were closed to the public. Sessions were closed to the public.

Virginia PlanVirginia Plan Madison’s plan for a Madison’s plan for a

government under a new government under a new constitution was presented constitution was presented for him by Edmund for him by Edmund Randolph. Randolph.

The “large states” plan The “large states” plan provided for a two-house provided for a two-house legislature (Bi-cameral) with legislature (Bi-cameral) with representation based upon representation based upon population. population.

A national judiciary and an A national judiciary and an executive chosen by executive chosen by Congress would he created. Congress would he created.

Congress (and the national Congress (and the national government) was given in government) was given in creased powers.creased powers.

New Jersey New Jersey (“Small States”) Plan(“Small States”) Plan

Proposed by Proposed by William Patterson William Patterson provided for provided for revision of the revision of the Articles, retaining Articles, retaining equal equal representation for representation for all states in all states in Congress.Congress.

The Great CompromiseThe Great Compromise After agreeingAfter agreeing to scrap the Articles to scrap the Articles

and write a new document, the and write a new document, the delegates resolved the dispute over delegates resolved the dispute over representation by accepting a proposal representation by accepting a proposal from Roger Shermanfrom Roger Sherman ofof Connecticut: Connecticut:

Senate would have all states equally Senate would have all states equally represented represented

A House of Representatives seats allotted A House of Representatives seats allotted according to population.according to population.

Three-fifths CompromiseThree-fifths Compromise Borrowing from a Borrowing from a

proposed amendment proposed amendment to the Articles of to the Articles of Confederation, it was Confederation, it was agreed that slaves agreed that slaves would be counted at would be counted at 3/5 for purposes of 3/5 for purposes of representation in representation in Congress and for Congress and for direct taxation. direct taxation.

The foreign slave trade The foreign slave trade as not to be banned as not to be banned for 20 years (the word for 20 years (the word slave trade does not slave trade does not appear in the appear in the Constitution). Constitution).

Federal SystemFederal System Created in the Created in the

Constitution, it Constitution, it divided power divided power between the between the national and state national and state governments. governments.

Separation of PowersSeparation of Powers Three branches (executive, Three branches (executive,

legislative, and judicial) legislative, and judicial) were linked with a system of were linked with a system of “checks and balances to “checks and balances to prevent any one branch prevent any one branch from becoming too powerful. from becoming too powerful.

The president (with The president (with Washington as a respected Washington as a respected model) would have model) would have important powers as important powers as commander-in-chief of the commander-in-chief of the armed forces, would control armed forces, would control foreign policy, and would foreign policy, and would have a veto power over have a veto power over legislation. legislation.

He would see that the laws He would see that the laws were carried out. were carried out.

Separation of PowersSeparation of Powers The enumerated The enumerated

powers of Congress powers of Congress (including the power to (including the power to tax and regulate tax and regulate interstate commerce) interstate commerce) were enhanced by a were enhanced by a “necessary and “necessary and proper” clause. proper” clause.

Congress would have Congress would have the power to impeach the power to impeach the president and the president and judges and remove judges and remove them from office. them from office.

Separation of PowersSeparation of Powers Judicial review by Judicial review by

federal courts was federal courts was implied. implied.

To curb a possible To curb a possible “excess of “excess of democracy” the democracy” the Senate and the Senate and the President were to be President were to be indirectly elected indirectly elected (president by an (president by an electoral college). electoral college).

Separation of PowersSeparation of Powers A complex system A complex system

for amending the for amending the Constitution was Constitution was devised with devised with ratification of ratification of amendments amendments requiring approval requiring approval of three fourths of three fourths (rather than all) of (rather than all) of the states.the states.

RatificationRatification

After seventeen weeks all but three of the 42 After seventeen weeks all but three of the 42 delegates still present signed the document, delegates still present signed the document, which was then sent to the states for ratification. which was then sent to the states for ratification.

It as specified that it would go into effect when It as specified that it would go into effect when two-thirds, or 9 of the 13 states, had approved. two-thirds, or 9 of the 13 states, had approved.

The Constitution The Constitution ApprovedApproved

The controversy over ratification of The controversy over ratification of “The Second Constitution” created “The Second Constitution” created supportive and opposing political supportive and opposing political factions and produced the most factions and produced the most influential analysis championing the influential analysis championing the new government, The Federalist new government, The Federalist Papers.Papers.

Ratification of the New Ratification of the New ConstitutionConstitution

By special conventions since it was felt By special conventions since it was felt state legislatures would resist reduction in state legislatures would resist reduction in their power. their power.

StatesStates Despite objections that the convention had Despite objections that the convention had

exceeded its authority the Confederation Congress exceeded its authority the Confederation Congress submitted the new Constitution to the states.submitted the new Constitution to the states.

Delaware Delaware was the first state to ratify, with New was the first state to ratify, with New Hampshire becoming the necessary ninth state in Hampshire becoming the necessary ninth state in June of 1788. June of 1788.

In some states (Massachusetts and New York) the In some states (Massachusetts and New York) the convention vote was very close. convention vote was very close.

Two large states (Virginia and New York) were slow Two large states (Virginia and New York) were slow to ratify. to ratify.

North Carolina and Rhode Island, two individualistic North Carolina and Rhode Island, two individualistic and democratic states, were the last to ratify.and democratic states, were the last to ratify.

Supporters of the New Supporters of the New ConstitutionConstitution

Assumed the name “Federalists and Assumed the name “Federalists and branded their opponents Anti-Federalists. branded their opponents Anti-Federalists.

The FederalistThe Federalist A collection of 85 essays by A collection of 85 essays by Alexander Alexander

Hamilton, James Madison Hamilton, James Madison and and JohnJohn Jay.Jay. Using Publius as the author’s name, the Using Publius as the author’s name, the

essays appeared in New York newspapers, essays appeared in New York newspapers, helping to secure that state’s ratification. helping to secure that state’s ratification.

The essays stressed the specific advantages The essays stressed the specific advantages of the new government. of the new government.

Example: In Example: In #10, #10, Madison argued that the Madison argued that the size of the size of the new new republic would prevent one republic would prevent one faction (special interest) from becoming faction (special interest) from becoming dominant.dominant.

Anti-Federalist EssaysAnti-Federalist Essays By “Cato”, “Brutus’’, By “Cato”, “Brutus’’, “The “The

Federalist Federalist Farmer” and others, Farmer” and others, appeared in newspapers and were appeared in newspapers and were widely reprinted. widely reprinted.

They stressed democratic reliance on They stressed democratic reliance on state and local government. state and local government.

OppositionOpposition Also based on the Constitution’s lack of’ Also based on the Constitution’s lack of’

a bill of rights protecting individuals a bill of rights protecting individuals from potential government tyranny.from potential government tyranny.

Early in 1788 Federalists proposed Early in 1788 Federalists proposed adding nine amendments, one stressing adding nine amendments, one stressing reserved powers of’ the states. reserved powers of’ the states.

The First Continental Congress The First Continental Congress submitted twelve amendments to the submitted twelve amendments to the states (September, 1789). states (September, 1789).