The Critical Period: 1781-1787

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The Critical Period 1781-1787
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Articles of Confederation

• Unicameral Legislature
• No executive
• No national judicial system
• Equal vote per state (yes, lower case)
• No army, no tax (only requests)
• No regulate commerce? tariff wars
• Passage of laws requires 9/13
• Amendment requires 13/13
• GW "little more than the shadow without the
  substance."

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Effects

• Massive foreign debt and rampant inflation
• Weak, undermanned, underarmed Continental Army?
  reliant on undisciplined, unreliable, ineffective
  state militia
• Unable to enforce Treaty of Paris in West
• Washington others (nationalists, esp. Contl
  Army officers) convinced need stronger central
  power to corral provincial concerns
• Shays Rebellion 1786 no taxation w/o
  representation
• However did successfully fight AR reduced
  domestic debt (but increased international) kept
  Union together Jay-Gardoqui Treaty gave Miss.R
  to Spain but opened Spanish colonies for trade
  (good for NE, bad S and W)

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Compromises with Death The US Constitution
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A Bundle of CompromisesA. Plans
Structure Representation New Powers
VA Plan (Large States) 3 Branches, Bicameral Pop. or paid to gov. Extensive
NJ Plan (Small States) 3 Branches, Unicameral Equal rep. Limited tax and regulation
Conn. Comp. 3 Branches, Bicameral H Population S Equal Extensive esp. tax, regulate commerce, raise army
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B. 6 Basic Principles

• 1. Popular sovereignty power from the people
• 2. Limited government Constitution highest law
  of the land
• 3. Separation of powers divide power w/in
  Federal government (not absolute)
• Legislative Congress
• Executive President
• Judicial Supreme Court
• 4. Checks and balances contain tyranny
• 5. Judicial review enforcement of Constitution
• 6. Federalism divide power State and Federal

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C. Preamble of the Constitution

• We the People of the United States, in Order to
  form a more perfect Union, establish Justice,
  insure domestic Tranquility, provide for the
  common defense, promote the general Welfare, and
  secure the Blessings of Liberty to ourselves and
  our Posterity, do ordain and establish this
  Constitution for the United States of America.

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D. Structure

• Art 1 Legislature
• Section 8 powers granted (1-8-18 Necessary and
  Proper) Section 9 powers denied Section 10
  powers denied to the States
• Art 2 Executive
• Commander-in-chief
• Art 3 Judiciary
• Supreme Court and jurisdiction
• Art 4 Relations with the States
• Guarantee republican government full faith and
  credit and privileges and immunities? national
  citizenship
• Art 5 Amendment process
• Art 6 Debts, Supremacy Clause, no religious test
• Art 7 Ratification (9/13)

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II. Compromises with Death

• William Lloyd Garrison radical abolitionists
• Necessity no slavery, no Constitution

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A. 3/5 Compromise

• South count slaves for representation
• North they cant vote, so they shouldnt count
• Compromise count slaves as 3/5 for population,
  but also for taxes (they have to pay for it)
• Effect South dominates House of years, impact on
  Electoral College? southerners dominate
  Presidency
• Jefferson Negro President? only wins 1800
  election because of disproportionate numbers as a
  result of 3/5
• Other hand why not 5/5? Women, Indians,
  non-citizen immigrants in N (growing ) couldnt
  vote either South lost voting power

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• 1-2-3 Representatives and direct Taxes shall
  be apportioned among the several States which may
  be included within this Union, according to their
  respective Numbers, which shall be determined by
  adding to the whole Number of free Persons,
  including those bound to Service for Term of
  Years and excluding Indians not taxed, three
  fifths of all other Persons.

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B. Commerce Clause

• North central government must regulate
  interstate trade (major problem AofC)
• South cannot regulate importation of slaves
  until 1808
• 1-9-1 The Migration or Importation of such
  Persons as any of the States now existing shall
  think proper to admit, shall not be prohibited by
  the Congress prior to the Year one thousand eight
  hundred and eight, but a Tax or duty may be
  imposed on such Importation, not exceeding ten
  dollars for each Person.

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C. Runaway Slaves

• South must be able to reclaim runaways
• North dont want to be morally implicated in
  returning slaves
• Stowe, Uncle Toms Cabin
• South (esp. S. Carolina threatens secession if
  not included)
• 3-2-3 No Person held to Service in Labor in one
  State, under the Laws thereof, escaping into
  another, shall, in Consequence of any Law or
  Regulation therein, be discharged from Service or
  Labor, but shall be delivered up on Claim of the
  Party to whom such Service or Labor may be due.