The Federal Union

1
The Federal Union
2
The Confederation

• The Confederation Congress had very little
  authority, most of the power was in the states.
• Helpless in dealing with matters of diplomacy.
• It did, however, lay the groundwork for a
  stronger government in the future.
• Mainly dealt with land distribution set up
  territorial government that would take the lead
  once Manifest Destiny came into play.
• But there will be 3 areas it would concentrate
  on

3
Finance

• Robert Morris Executive Head of the
  Confederation. Since there was no President,
  Prime Minister, King, etc. He wanted to make
  himself the Confederation more powerful. He
  was also the main backer of the Bank of North
  America.
• Bank of North America 1781 would hold
  government deposits, lend money to the
  government, issue bank notes.
• By using the Bank, he felt he would own the new
  American government.

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• Morris actually offered money land to
  Washington officers soldiers if they would
  stage a coup detat.
• Alexander Hamilton informed Gen. Washington of
  the plan, (possibly trying to get him on Morris
  side).
• Gen. Washington stated that the Cont. Army should
  not be used in internal politics.
• The Confederation Congress continued to grow
  weaker every year. The American population had
  lost all respect faith in it.
• America was very close to anarchy.

5
Land policy

• This was an area that Congress had hoped to make
  some money at.
• It was the only aspect of government that they
  had total control over.
• Early on , these areas of the west would be
  treated as Republics, equal in status with any
  other state.
• Land Ordinance of 1784 started by Thomas
  Jefferson, favored self-government, stated that
  any Republic territory whose population equaled
  that of the smallest state, would be given full
  statehood.

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• Land Ordinance of 1785 wherever Indian titles
  had been given up, the land had to be surveyed
  into townships 6 miles square. Each township was
  then divided into 36 lots, each was 1 square mile
  or 640 acres. These were then auctioned off at
  1 per acre.
• Favored the wealthy, banks, land speculators.
  Few average citizens had 640 to pay for it or
  the capability to work so much land.
• Mainly done to build up the treasury.

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The Northwest Ordinance of 1785

• Established by Congress to replace Jeffersons
  Land Ordinance of 1784.
• The ordinance stated that each territory had a
  governor, secretary 3 judges, all to be
  selected by Congress.
• 3 to 5 territories in a region. When the
  free-male, adult population reached 5,000 in a
  territory, an assembly could be formed. When a
  territories population reached 60,000 it could
  acquire statehood. It also, provided for a Bill
  of Rights, religious freedom, forbid slavery.

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Constitutional Forms

• Maryland State Constitution
• Conservative
• Lower House delegates from each county were
  elected for 1 yr. term. Only white, land-owning
  males were allowed to vote.
• Upper House delegates were from different
  districts were selected by an electoral college
  for 5 yr. terms. Delegates had to be Land-owners
  with at least 200 acres.
• Governor had to have at least 5,000 English
  pounds, was very powerful, full authority over
  the state.

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• Pennsylvania State Constitution
• Radical
• Had a Bill of Rights explaining the rights of the
  citizens of the state.
• Unicameral Assembly elected by all male
  taxpayers, over the age of 21. Legislation had
  to pass the assembly twice before it would be
  made into a law.
• Executive Council consisted of 12 members from
  around the state. All white, land-owners, fairly
  wealthy. This took the place of a Governor.

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• Virginia State Constitution
• Moderate
• Declaration of Rights specified trial by jury,
  no unreasonable search seizure, freedom of
  speech, freedom of the press, freedom of
  religion, etc. Would be combined with the Penn.
  Bill of Rights, among others, to form the Bill of
  Rights for the US Constitution.
• Bi-cameral Legislation the Upper Lower House
  were from different districts. Both were elected
  by male land-owners (white or black).
• Governor was selected by the Legislature to
  serve a 1 yr. term, with a maximum of 3 terms.
  He had very little power.

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Constitutional Convention

• May 25, 1787 29 delegates from 9 states started
  work on revising the old Articles of
  Confederation.
• George Washington the Presiding officer of the
  Convention
• James Madison the central figure of the
  Convention.
• Thomas Jefferson was in France, but would be
  the author of the Constitution.
• Benjamin Franklin the oldest delegate, 81 yrs.
  old, was the voice of reason.

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• The bulk of the arguments centered around whether
  or not to have a strong or weak central
  government.
• This is where the States Rights issue starts
  will continue until 1861.
• Internal arguments, back-stabbing, temper
  tantrums, etc. Some stated it was like spoiled
  children at play,my way or you cant play!
• Several delegates refused to attend, others
  complained openly blocked any attempt to
  continue the meeting, some even stormed out
  cussing.

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• For all of the bickering fighting, most did
  agree on the following
• Government received its powers from the consent
  of the people they represent.
• All people have a voice in the government.
• A system of checks balances must be established
  to keep any one group from gaining power over the
  rest.
• A strong central government must be established
  for the benefit of the nation.

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• The Virginia Plan
• Wanted to do away with trying to revise the
  Articles of Confederation start anew.
• It sought to establish a separate legislative,
  executive judicial branch in the new
  government.
• Also, to make binding to the individuals, as well
  as the states. But the larger states had more
  representation. Basically, 3 states would
  control the National Legislature. (Va., Penn.,
  Mass.)
• Congress would consist of an Upper Lower House.
  The Lower House would be elected by popular
  vote, the Upper House would be chosen by the
  Lower House.
• This was James Madisons proposal.

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• The New Jersey Plan
• Wanted to keep the existing structure, i.e. the
  Articles of Confederation, but expand its
  powers.
• A unicameral Congress, where all states had equal
  representation. This allowed the smaller states
  to keep equal power.
• Give Congress the power to levy taxes, regulate
  commerce, name a plural executive with no veto
  powers, and a Supreme Court.
• The larger states did not want to share power.
  They felt the population should dictate where the
  real power was located.

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• The Great Compromise
• Proposed by Roger Sherman
• Basically gave both groups their way.
• The most populous state would win the House of
  Representatives.
• The states that wanted to protect state powers
  had equality in the Senate, with the vote by the
  people not the states.
• It would establish a bicameral Congress,
  representation in the Lower House (House of
  Representatives) would be based on population,
  elected every 2 yrs. by the population, have
  the sole right to initiate revenue bills.

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• Giving people would have direct representation on
  the taxes levied on them.
• The Upper House (Senate), the states would have
  equal representation, each state legislature
  would choose 2 Senators for 6 yr. terms.
• This addressed the issue between larger smaller
  states. Both houses of Congress had to approve
  new legislation. But the division between the
  wealthy the poor.
• This would create a national federal
  government, by representing the people of the
  country, as well as allowing the states to
  maintain representation.

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Slavery

• Slavery was beginning to be an issue in the
  Convention, along with the regulation of trade.
• Slavery would be an issue in the country from
  this time until the 1860s.
• Most of the discussions dealt with whether or not
  slaves should be counted as part of the
  population (which would help some of the states),
  to stopping slavery.
• Also, should it be left up to the states as to
  the issue of slavery. (this will become the main
  issue)

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Separation of Powers

• Many state constitutions already separated powers
  among the legislative, executive judicial
  branches of their respective state governments.
• All agreed that they did not want tyranny, but
  feared the general public. They did not trust
  the general population with making such vital
  decisions.
• Wanted to establish a system of checks balances
  to maintain order.

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• Set the government up into 3 distinct branches,
  each having its own system to prevent any one
  branch from taking over.
• Legislative varied terms in the Upper Lower
  Houses.
• Executive limited the powers of the Chief
  Executive (President) Vice-President.
• Judicial both VA. NJ Plans mentioned a
  Supreme Court, which would be established by the
  Constitution.

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• By dividing sovereignty between the people the
  government, the framers of the Constitution
  proved that sovereignty could be split.
• They also set up a system that allowed the
  Constitution to grow change as the government
  the country grew changed. (Amendments)

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The Constitution

• The Constitution was submitted to the states on
  Sept. 28, 1787.
• It required 9 states to ratify it to become
  effective.
• The vote was split between
• Nationalists who favored a strong, central
  government. Would later become the Federalists.
• Anti-Federalists favored a de-centralized
  federal government, states rights.

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• Both groups agreed that a strong, national
  authority was warranted. With its own income
  that the people must have safeguards against
  tyranny.
• The smaller states were the 1st to ratify the
  Constitution. Delaware would be the 1st on Dec.
  7, 1787.
• Georgia would be the 4th state to ratify the
  Constitution, Jan 2, 1788.
• But it would be a process that would last several
  years to get all the states to ratify. Rhode
  Island would be the last on May, 29, 1790.

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• During that time, topics were still being
  debated.
• Samuel Adams wanted to protect human rights
  that states should have powers not granted to the
  new government.
• Patrick Henry would become the main spokesman for
  the backcountry farmers the common man.
• Edmund Randolph held out signing the Constitution
  until the Const. Convention recognized a Bill of
  Rights.

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• New Hampshire would be the 9th state to ratify
  the Constitution on June 21, 1788.
• Oct. 10, 1788 the Confederation Congress closed
  with the 9 states needed to ratify the new
  government.
• Benjamin Franklin stated, Our Constitution is in
  actual operation, everything appears to promise
  that it will last but in this world nothing is
  certain but Death Taxes.
• George Washington was heard to say, I do not
  expect the Constitution to last for more than 20
  years.