The Crisis of Republicanism and the Constitution

Republicanism

• The people rule. The people with PROPERTY hold political power—They have independence.

• Small Government

• Low Taxes

• Citizen Soldier Militia for defense

The Articles of Confederation

• Each state mostly autonomous

• One State, One Vote

• 9 Yes votes of 13 for most measures

• Some require all 13

• Goal: Central Defense and Foreign Policy

• 13 man Executive Committee when not in session.

Powers of the Confederation

• Powers– Borrow and Spend Money– Arbitration between states– Make Treaties and declare war and peace– No standing army, but controls all wartime

forces and a permanent navy

Flaws of the Confederation

• Land forces dependent on the state—no ‘Continental Line’ was kept.

• Difficulties with money.

• Unable to regulate interstate commerce.

• Clunky mechanisms and problems with super-majorities.

Politics in the 1780s: Rights

• States begin moving to where being a white man, not property, determines voting

• The north begins to abolish slavery slowly

New State Constitutions

• Weak Governors

• Strong Legislatures

• Bills of Rights added

• No more official religions

• Fights over debts and taxes and voting rights are intense

The Crisis of the 1780sThe Western Lands

• The problem of conflicting land claims

Solutions for Land

• States ceded the Western claims to central government

• Land Ordinance of 1785– Surveyed the West– Set up Land Sales System

Land Ordinance of 1785

Territory Acts

• Opened lands for settlement

• Set Plan for Statehood Eventually

• Northwest Territory: No Slavery

• Southwest Territory: Slavery allowed

The Crisis of the 1780s:Domestic Problems

• States and Federal Government had huge war debt

– Fed couldn't pay its debts

– States raised taxes to pay

• Property

• Interstate Trade

– This devastated the economy and crushed veterans

– Debtor vs. Creditor wars ensue

Shay's Rebellion (1786-7)

• Caused by combo of high debts and high taxes and bad economy

• Farmers revolt to block debt collection and taxes

• Panic ensues

The Crisis of the 1780s:Diplomatic Problems

• Diplomatic Weakness

– Britain– Unpaid debts, Forts held on US land, Trade with

Caribbean

– Spain– Boundary disputes, Aid to our enemies

• Nationalists• Call for stronger government

The Constitution and Its Passage

The Road to Philadelphia

• The Crises.

• 1786—Annapolis Convention• Calls for amending the Articles of Conf.

• Shay’s Rebellion• Panics leaders of the colonies

• 1787—Constitutional Convention • Nationalist Dominated

Phase I: The Scope of Government

• Virginia Plan– Big state = more power

• New Jersey Plan– All states = equal

• Great Compromise– House = Representatives by population– Senate = all states get 2 Senators

Federalism

• Federal Government is supreme within granted limits.

– Each state must recognize rights of citizens of other states “Full Faith and Credit”

– Each state supreme within own borders– Federal government has absolute authority

over its own lands

Get It Done

• Most things done by a simple majority

• But different branches can check each other's power to prevent tyranny

• No explicit mention of slavery

The President: Election

• 35 or older, natural-born citizen

• Chosen by the Electoral College every 4 years

– States choose how electors are chosen– Electoral votes = State's Senators +

Representatives– House of Representatives breaks ties

Presidential Powers

• Commander in Chief

• Appointments

• Law Enforcement

• Pardons

• Veto

• Diplomacy and Treaties

• Role of the Vice President: Backup for emergencies

Federal Court System

• Supreme Court– Lesser Courts created by Congress

• All judges serve for life

• Handles:– Appeals on Constitutional Issues– Federal Law– Treaties and Diplomats

Congress Structure

• Senate– 6 Years– 2 per state– Treaties, Appointments, Final Impeachment

• House of Representatives– 2 Years– According to Population– Money Bills, Initiates Impeachment

Law Making

• Both houses must pass law

• Military and Diplomatic

• Fiscal

– Coin Money, Tax, Borrow

• Commerce

– Interstate and Foreign

• Federal Lands

• Copyright and Patent Law

• Naturalization:

Broad vs. Narrow Interpretation

• Necessary and Proper Clause: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Article I, Section 8)

• But what does this mean in practice?

Limits on Federal Power:

• Right of Habeas Corpus

• No Bills of Attainder or ex post facto laws

• No Taxes on State Exports

• Equal Shipping

• No Nobles

• Budgeting and Accounting Required

Limits on State Power

• No Independent Diplomacy

• Subordinate in War

• Can't Coin Money

• Many Limits similar to those on Fed in previous slide.

Ratification

• Nine States needed

• Federalist vs. Anti-Federalist

• The Federalist Papers– Pro-Ratification Newspaper Articles

• Ratification Wars– By 1789, all but NC and RI join up