COPY: The Confederation and the Constitution, 1776–1790

The Confederation and the Constitution, 1776-1790

• The chapter discusses the Confederation and the Constitution between 1776-1790.

A Shaky Start Toward Union

• After the departure of the Tories, the political system was inclined toward experimentation and innovation.
• The economy faltered after the Revolution.
• The thirteen sovereign states shared similar political structures and enjoyed a rich political inheritance.

Creating a Confederation

• The Second Continental Congress was essentially a conference of ambassadors.
• It lacked constitutional authority but asserted control over military and foreign policy.
• Thirteen states were sovereign, with the power to coin money, raise armies and navies, and erect tariff barriers.

The Articles of Confederation: America's First Constitution

• The Articles of Confederation had several weaknesses, including no power to tax, no national executive, and a unicameral legislature.
• There was no judicial or national court system and no checks and balances.
• Each state had a single vote in Congress.
• Important bills required the support of nine states.
• Congress was designed to be weak.
• The colonies and the national government had an accumulated debt of 80 million after the war.
• A weak central government led to potential chaos among the states and had no power to regulate commerce or enforce tax collection.
• Congress could only advise, advocate, and appeal to states, and could not coerce or control them directly, nor act directly on individuals.

Landmarks in Land Laws

• The Old Northwest was the area northwest of the Ohio River, east of the Mississippi River, and south of the Great Lakes.
• The Land Ordinance of 1785 set up an orderly process to sell land in the Old Northwest and use the proceeds to pay the national debt.
• Land was surveyed, divided into townships, and then into sections.
• The sixteenth section of each township was sold to fund education.

The Horrid Specter of Anarchy

• Economic problems in the mid-1780s: The system of raising tax money was breaking down and interest on public debt was escalating.
• Some states were levying their own duties and printing depreciated paper money.
• Shay's Rebellion occurred in western Massachusetts where impoverished farmers lost land through mortgage foreclosures and tax delinquencies.
• In Massachusetts, the state legislature tried to pay off its debt by imposing a tax payable in gold or silver coin.
• Many farmers, led by Daniel Shays, rebelled against the tax.
• Shays' Rebellion revealed the need for a stronger central government.

A Convention of "Demigods"

• The Annapolis Convention of 1786 was called to deal with commercial disputes.
• Only five of the nine states that appointed delegates actually attended.
• Alexander Hamilton got the convention to call for a meeting in Philadelphia in 1787 to revise the Articles of Confederation.
• Congress eventually agreed to a convention for the sole and express purpose of revising the Articles.
• Each state sent representatives, except Rhode Island.
• 55 emissaries from 12 states convened in Philadelphia on May 25, 1787.
• Sessions were held in secrecy, with armed sentinels at the doors.
• The participants were of extraordinarily high caliber, and were referred to as "demigods" by Jefferson.
• Most had experience at state constitution-making.
• George Washington was elected chairman, and Benjamin Franklin served as a statesman.
• James Madison's contributions were so notable that he was dubbed "the Father of the Constitution."
• Alexander Hamilton advocated for a super powerful central government.
• Revolutionary leaders of 1776 were mostly absent.
• Patrick Henry was elected from Virginia, but declined, declaring he "smelled a rat."

Hammering Out a Bundle of Compromises

• Some delegates decided to completely scrap the Articles of Confederation, despite explicit instructions from Congress to revise them.
• They were determined to overthrow the existing government by peaceful means.
• The Virginia Plan proposed that representation in both houses of a bicameral congress would be based on population, favoring larger states.
• The New Jersey Plan proposed equal representation in a unicameral congress, regardless of size and population, favoring smaller states.
• A bitter debate arose because small states feared the Virginia scheme would allow domination by large states.
• The Great Compromise entailed that larger states gained representation by population in the House of Representatives while smaller states were appeased by equal representation in the Senate.
• All tax bills or revenue measures must originate in the House, where population counted more heavily, breaking the deadlock.
• The final Constitution was short because it grew from Anglo-American common law legal tradition.
• It provided a flexible guide to broad rules of procedures rather than detailed laws.
• The original (unamended) Constitution contained just 7 articles and took about 10 pages to print.
• With the Three-Fifths Compromise slaves counted as three-fifths of a person for taxation and representation.
• The slave trade could continue until the end of 1807.

Separation of Powers

• Power to govern is divided three ways: Legislative, Executive, and Judicial.
• The legislative branch, consisting of the Senate and House of Representatives, makes laws, overrides presidential vetoes, approves presidential appointments and treaties, declares war, taxes to provide services, regulates money and trade, and impeaches officials.
• The executive branch, consisting of the president and vice president, enforces laws and treaties, can veto laws, appoints high officials, conducts foreign policy, serves as commander in chief of the military, recommends bills to congress, and reports the state of the union to congress.
• The judicial branch, consisting of the Supreme Court and federal courts, explains and interrupts laws, settles legal disputes between states, settles state and federal disputes, settles disputes between states and foreign countries, and hears cases with ambassadors of foreign government.

Federalism

• Federalism: The division of powers including delegated, reserved, and concurrent powers.
• Delegated powers are exclusively for the national government, such as declaring war, negotiating treaties, issuing money, regulating interstate and oversea trade and military.
• Reserved powers are exclusively for state governments, such as regulating education, granting licenses, providing police and fire protection, and regulating the sale of property within the state.
• Concurrent powers are shared by both the national and state governments, such as defining crimes and their punishments, levying taxes, and determining voting qualifications.

Checks and Balances

• Each branch of the national government has ways to check or control other branches to prevent too much power from concentrating in one part of government.
• The president checks congress by vetoing laws, making treaties and foreign policies, appointing federal officials, and proposing laws.
• The president checks the Supreme Court by granting pardons and appointing judges.
• Congress checks the president by overriding presidential vetoes, rejecting treaties and appointments, and impeaching and removing officials.
• Congress checks the Supreme Court by introducing amendments to overturn court decisions, creating lower courts, and rejecting appointments.
• The Supreme Court checks the president by reviewing actions and deciding if they're unconstitutional.
• The Supreme Court checks congress by reviewing laws and deciding if they're unconstitutional.

Federal Court System

• The federal court system was outlined in the Judiciary Act of 1789.
• District Court: The lowest level of federal courts, with over 90 courts handling civil and criminal cases
• U.S. Court of Appeals: Has 11 courts hearing appeals from district courts
• U.S. Claims Court: Hears cases where individuals or companies sue the federal government
• Territorial Court: Trial court for cases from Guam, Puerto Rico, Virgin Islands, and Mariana Islands
• Supreme Court: The highest federal court with 1 court, hears about 200 cases per year (cases involving states, ambassadors, appeals), has one chief Justice and 8 associate justices, decides cases via majority vote and serves for life (removed for treason, bribery, and other high crimes)
• Military Court: Deals with cases in military forts and installations, with all personnel on the court being military
• Supreme Court judges and federal court judges have the job for life.

How a Law is Passed

• A law is proposed and passed in congress (House of Representatives and Senate)
• The bill is sent to the president who can either sign it or veto it
• Congress overrides the president's veto with a 2/3 majority

Federalists

• Federalists were led by Alexander Hamilton, James Madison, and John Jay.
• They argued for a strong central government.
• Madison, Hamilton, and Jay wrote The Federalist Papers to explain the constitution.

Anti-Federalists

• Anti-Federalists believed the constitution threatened states' rights and individual rights and was seen as a betrayal of the American Revolution.
• The Bill of Rights (1st 10 amendments) was added to persuade the anti-federalists to support the constitution.

Bill of Rights

• The Bill of Rights consists of the first 10 amendments to the constitution.
• Guarantees freedom of religion, speech, assembly, press, and the right to petition/peaceful protest, protecting civil liberties.
• Includes the right to bear arms.
• States that citizens do not have to quarter military personnel.
• Protects citizens against unreasonable search and seizure and self-incrimination.
• Guarantees the right to counsel (an attorney).
• Protects against cruel and unusual punishment.
• Powers not given to the national government are reserved to the states.

Constitution Ratification

• By May 1790, all states had ratified the constitution because the Articles were too weak, the federalists were united in favor of a single plan, while the anti-federalists had no alternative, and the federalists were well organized.
• George Washington became the first president of the United States.

Federalism vs Jeffersonian Republicans

• Federalists and Jeffersonian Republicans had different ideas about the kind of government the new country should have.
• Federalism was championed by Alexander Hamilton and Republicans by Thomas Jefferson.
• Federalists favored a strong central government, while Republicans favored a weak central government.
• Federalists were in favor of a national bank, while Republicans opposed it.
• Federalists supported pro-business policies, while Republicans favored pro-agriculture policies.
• Federalists were pro-British in foreign affairs, while Republicans were pro-French.
• Federalists had a loose, more flexible constitutional view, while Republicans had a strict, less flexible view.

Yorktown and the Final Curtain

• Cornwallis blundered into a trap after futile operations in Virginia and fell back to Chesapeake Bay at Yorktown.
• He awaited seaborne supplies and reinforcements in the mistaken belief that Britain still controlled the seas.
• During this period, British naval superiority slipped away.

Peace at Paris

• The aftermath of war: including many Britons weary of war and suffering losses in India and West Indies.
• Lord North's ministry collapsed in March 1782 therefore temporarily ending George III's personal rule.
• A Whig ministry, favorable to Americans, replaced the tory regime of Lord North.
• The American negotiators Benjamin Franklin, John Adams, and John Jay gathered in Paris.
• Instructions were given to make no separate peace and to consult with French allies.
• American representatives chafed under the directive, knowing it had been written by a subservient Congress under pressure from the French Foreign Office.
• France was in a difficult position because they had induced Spain to enter the war however, Spain coveted the immense trans-Allegheny area.
• France desired an independent United States, but wanted to keep the New Republic east of the Allegheny Mountains.
• A weak America would be easier to manage in promoting French interests and policy.
• France was paying a heavy price to win America's independence and wanted her money's worth.
• John Jay was unwilling to play the French game.
• He secretly made overtures to London.
• London came to terms with Americans.
• A formal treaty of peace was signed in 1783 wherein Britain recognized the independence of the United States.
• Generous boundaries were granted to Mississippi (west), to Great Lakes (north), and to Spanish Florida (south).
• American concessions: Loyalists would not be further persecuted, and Congress was to recommend to states that confiscated Loyalist property be restored and debts owed to British creditors be paid.
• British concessions: Accepted defeat in North America, and ending the war allowed England to rebuild.