The New RepublicCreating the Constitution

A Confederation of States• Early State Governments:• States were asked to set up their own constitution to establish

governments.• Most states called for republics (governments which people elect

their representatives.• Some states reject executive power of governors.• Most states preserve colonial traditions with a bicameral

legislature (two houses.)

A Confederation of States• States disagreed over who would be allowed to vote.

• The most lenient being Pennsylvania who allowed anyone over 21 who paid taxes.

• Adams argued against non landowners voting thinking it would bring the distinction down to a common level.

• Freedom of religion meant states would no longer collect taxes to support religious establishments.

Congress Created the Articles of Confederation

• This was a loose confederation of the 13 states rather than a centralized nation.

• Congress was chosen by state legislatures rather than by voters.

• Each state was given one vote, no matter it’s size or population.

Congress Created The Articles of Confederation

• There was no president or executive branch.• Congress had limited powers including:• Declare and conduct war and negotiate peace.• Regulate foreign affairs.• Administer relations with Indian nations.

• Congress could not raise money, therefore they depending on contributions from states.

Congress Creates a Plan for Western Lands

• The Northwest Territory (lands to the Mississippi river in the Ohio Valley) was to be sold to land speculators and farmers to help raise money.

• By 1784, hundreds of settlers already started to settle the Northwest Territory and provoked war with the natives.

• A fear for succession also worried Congress.

Congress Creates a Plan for Western Lands

• In the Land Ordinance of 1785, Congress divided the land into townships of six square miles, which were subdivided into 36 sections of one square mile (640 acres) to be sold for at least $1 an acre.

• Most farmers could not afford $640, it favored wealthy land speculators, who would then turn and sell it to ordinary settlers.

• The Northwest Ordinance of 1787 was based on several parts based on Thomas Jefferson’s ideas.• Congress appoints a territorial governor, secretary and three judge.• Citizens enjoy freedom of religion, trial by jury, and rights of common

law, including habeas corpus.• Once territory had 5,000 men, an elected assembly would form, but

governor retained absolute veto rights. • When the population reached 60,000, the population could request

admission to the Union as a state.• This ordinance also banned slavery in the new territory (OH,IN, IL, MI,

WI, MN)

The Northwest Ordinance

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Division of land

Conflict with Spain and Britain• Spanish forbid American trade:• New Orleans was cut off for trade, which hurt many businesses

up the Mississippi river. • Spain was worried about American expansion into their

territories and possibly revolts by their own colonies.

Conflicts with Spain and Britain

• Relations with Britain deteriorate:• Directly after the revolution, Britain cultivated American Good Will. A year

later, the British abandoned good will and decided the Americans should pay for their independence.

• This meant that the American had to trade with the British Empire exclusively.

• This hurt many industries, but the boating industry in Massachusetts the most.

• Many merchants pushed for a more central government to help with international trade.

Conflicts with Spain and Britain

• Britain still owned three forts within American Territory that they had garrisoned.

• Britain had forts in Niagara Detroit, and Michilimackinac.• The states wanted the British out of their country, but we

lacked the army to do so. • Some loyalists attempted to collect on war debts, but the

national government could not make the states honor the treaty.

Weakness of the Article of Confederation

• Economic weakness:• The articles made it so no common currency could be established, there would be

no regulating of interstate commerce or levy taxes.• Taxes came directly from the states, which were very unreliable and there was

nothing congress could do to compel states to pay their share.• Between 1771 and 1786, Congress only received one-sixth of what was requested

from the states.• By 1786, the nation needed $2.5 million to pay for it’s debts and only had

$400,000 on hand. • The states literally bankrupted the nation.• Congress attempted to amend the articles twice but was put down both times. It was then thought that only a new constitution could save the union.

Weakness of the Articles of Confederation

• Unemployment increased and much debt was owed to British merchants.

• In 1785, the suppliers demanded payment from American import merchants.

• This started a wave of calling on credit dues to the farmer who were in debt themselves.

• If farmers would have lost lawsuits because of this, they could lose their farms.

Shays’ Rebellion• In Western Massachusetts in 1786 farmers took up arms to avoid losing

their property and forced courts to shut down and block foreclosure hearings.

• A revolutionary leader named Daniel Shays led about 1,000 farmers to seize weapons from the Springfield Army and again attempted to shut down the courts.

• The state had to raise funds to stop Shays’ Rebellion, but claimed they had little funds to do this.

• Once again, a new constitution may help have a sustainable army to deal with things like this.

Drafting the Constitution• After Shay’s Rebellion, many Americans agreed to the need of

a stronger federal government.• Congress called for a convention in Philadelphia in 1787 “for

the sole purpose and express purpose of revising the Articles of Confederation.”

• Instead of revising, a whole new constitution was drafted.

The Constitutional Convention• Most Americans agreed of two major changes:• Congress needed the power to regulate interstate and

international commerce.• Congress needed the power to tax the people.

• The convention opened at Pennsylvania State House (Independence Hall) on May 25 when 29 delegates had arrived.

The Constitutional Convention• The delegates included such emerging figures as Alexander

Hamilton, James Madison, and Benjamin Franklin. Thomas Jefferson and John Adams were in Europe serving as diplomats.

• All the delegates were white males, most who were wealthy, and more than half were lawyers.

The Constitutional Convention

• Hamilton vs. Madison• Alexander Hamilton:• Had very conservative principles. • He praised the British constitution including king and House of

Lords with a great balanced government.

The Constitutional Convention• James Madison:• argued that only a strong nation could rescue the states from

their own democratic excesses.• He favored republicanism over a British model.• Wanted a large republic with diverse interests to preserve the

common good.• Wanted the most learned men rather than local political leaders

to govern the new Republic.

Rival Plans of Government• Madison proposed the “Virginia Plan”• The government would secure the power to tax and regulate

commerce.• There would be division among three branches of government.

• Legislative, Executive, and Judicial Branches

Rival Plans of Government• Virginia Plan (cont)• Bicameral legislature with a House of Representatives.• Congress would have the power to veto any state law (like Parliament)• A strong political head called the President who would serve 7 years with

no re-election.• He would approve all executive and judicial officers, subject to approval

by the Senate.• Patrick Henry critiqued that such a powerful President could easily

become king.

Rival Plans of Government• William Paterson’s “New Jersey Plan”• Called for modest changes to the Articles of Confederation.• Gave Congress the power to regulate commerce and tax.• Kept three chief principles of the Articles of Confederation:

• Retained unilateral legislature representing the states as equals, no matter the size.

• Preserved an executive committee rather than adopting a singular President.• The states remained sovereign except for those few powers specifically

granted to the national government.• The nation would remain a loose confederation.

Settling Differences Through Compromise

• Led by Roger Sherman of Connecticut, a compromise between the Virginia and New Jersey plans known as the Connecticut Compromise occurred.

• John Dickinson of Delaware helped in creating the compromise by making concessions to small states.• The Senate would equally represent every state, regardless of size

allowing 2 senators per state.• The House of Representatives would represent population, giving

more power to the larger states.

Settling Differences Through Compromise

• Madison abandoned his idea of national veto over state law, but forbade state from enacting laws that offended many:• States could no longer issue money at creditor’s expense

• Federalism where the federal and state governments remained separate was established.

Settling Differences Through Compromise

• Three-fifths compromise:• Southerners feared northern domination based on population

and a threat to their slave system.• Delegates from South Carolina and Georgia threatened to walk

out of the convention unless slavery was protected constitutionally.

• Security of slavery took three forms:• The constitution forbade Congress from blocking the importation

of slaves for 20 years.• Slaves were counted as three-fifths of a person to be added to

the states population in adding to the representatives in the House of Representatives and electoral college votes.

• All states had to return fugitive slaves to their owners (if slaves went to free states.)

Three-fifths Compromise