Constitution

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Chapter 8

• Constitution
• And
• The
• Articles of Confederation

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• For a decade after independence, American
  revolutionaries were less committed to creating a
  single national republic than to organizing 13
  separate state republics, united only loosely
  under the Articles of Confederation. By the
  mid-1780s, however, the weakness of the
  Confederation seemed evident to many Americans

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Republican ideology viewed property as the key
to independence and power. Lacking property,
women and black Americans were easily consigned
to the custody of husbands and masters. Then,
too, prejudice played its part the perception of
women and blacks as naturally inferior beings.
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• Slavery and Sectionalism
• 1775 African Americans were 20 of nations
  population 90 of them lived in the South
• Difficulty of squaring republican ideals with the
  continued presence of slavery
• Most northern states began to abolish slavery
• Free black population grew in both the North and
  South
• Slavery continued to exist in southern states

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• The Northwest Territory
• Congress adopted three ordinances in the 1780s to
  deal with issue of westward expansion
• The most important was the Northwest Ordinance of
  1787, which outlawed slavery north of the Ohio
  River
• Ordinance ignored rights of Indian peoples living
  in the region

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• The Attack on Aristocracy
• Limited success in achieving equality because of
  republicans obsession with rooting out vestiges
  of the monarchy rather than raising up the
  bottom of society
• Disestablishment of state-supported churches
• Example of Society of Cincinnati, which could no
  longer base membership on heredity

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Republican Experiments

• The State Constitutions
• Desire to curb executive power
• Strengthened legislative powers
• Written constitutions seen as legal codes to
  protect the people
• From Congress to Confederation
• Articles of Confederation created a weak federal
  government that consisted only of a national
  legislature

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• The Jay-Gardoqui Treaty
• Sectional animosity aggravated by proposedbut
  never ratifiedtreaty between the United States
  and Spain over shipping rights on the Mississippi
  River
• Shayss Rebellion
• 1786 Daniel Shays led rebellion of disaffected
  farmers in western Massachusetts

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Articles of Confederation

• Adopted in Nov 1777 a National constitution 4
  years of squabbling before ratifying the Articles
  of Confederation.
• National Legislature (Unicameral) wage war, make
  peace, conduct diplomacy, regulate Indian
  affairs, appoint military officers, conscript
  into the Continental Army

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• Wartime Economic Disruption
• War produced massive public and private debt
• Reckless printing of paper money and shortage of
  goods sparked severe inflation
• Serious conflicts among nations leaders over
  economic policy
• As long as the individual states remained
  sovereign, the Confederation was crippledunable
  to conduct foreign affairs effectively, unable to
  set coherent economic policy, unable to deal with
  discontent in the West.

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Articles of Confederation

• Power of the Purse remained with the States.
• States retained their sovereignty over this
  federation.
• Any legislation passed had to be unanimous.
• Could not levy taxes on the individual states
  had no distinctive executive branchdid not have
  ultimate authoritythat rested with the
  individual states.

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Articles of Confederation

• Because many feared the tyranny of a strong
  governmental entity, this is how the articles
  were worded
• 1) This shall be a confederacy of states (notice
  not union)
• 2) Each state shall retain sovereignty and its
  individual independence
• 3) The individual states agree to enter
  voluntarily into a league of friendship with each
  other.

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Issues Concerning the Articles

• Patriotic souls that had loaned money to
  Congresswere given certificates(War Bonds).
• Congress was indebted to its people and foreign
  countries especially France and the Netherlands.
• Could not regulate the money supply in hard
  specie, all they could do was print more paper
  money.
• Could not pay interest on the national debtno
  power to enforce foreign or domestic commerce.

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• The states refused to accept Continental IOUs as
  collateralmany people were losing everything
  lack of monetary--.
• Debtors began to fight back, Shays rebellion in
  Western Massachusetts. Force the probate and
  foreclosure courts to close. State Militia had
  to put the rebellion down.

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• Another big issue
• Britain was dumping cheap goods on the American
  Market
• The British West Indies and other Foreign Ports
  were closed to American Shipping no outlet for
  American goods
• Un-Regulated money supply
• No ability to tax or collect duties.

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• Because of War there was a great deal of capital
  loss, labor loss then natural effects of
  recovering from war weakened economy,
  destabilizing of the currency, loss of jobs,
  double digit inflation and a lowered GNP. (150
  million dollars in debt).
• Manufactures wanted protective tariffs, stronger
  navigation laws, and a centralized currency and
  control over commerce foreign and domestic.
• South wanted foreign ports open to trade farmers
  needed credit begin to galvanize against the
  industrious North.

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• Many of the older Generation feared a strong
  government trading one tyrant for another
• New Younger Generation They saw America as a
  Nation, not as individual states
• Had fought under one flag and one commander for
  America and Congress not for an individual
  state.
• Best Example is Alexander Hamiltonsomething had
  to be done, or America would soon be a British
  colony again.

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• Two events sparked the need for a re-evaluation
  of the Articles of Confederation
• 1) Annapolis Convention to discuss some
  uniformity and enforcement of interstate commerce
  and navigation practices
• 2) Capt. Daniel Shays rebellion against the tax
  collectorssupporting popular revolution.

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End of Articles

• Shays rebellion was problematic for a fledgling
  nation.
• These were not rabble, but reputable members of
  the community who wanted their property
  protected.
• The Confederation Government had failed to
  protect them against creditors, recession and
  debtors and foreign annoyance.

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• The Jay Treaty--Sectionalism
• Granted favor nation status to Britain abandoned
  neutrality of shipping w/o repercussions
• No more boycotts or economic sanctions against
  Britain America would repay their Revolutionary
  debts to British merchants
• Britain agreed to indemnity of shipping seizures
  during The Quasi-War and would abandon all
  Northwest fortificationslimited trading rights
  in the West Indies and India.

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Constitutional Convention

• The idea was simple, this convention would forge
  a constitution adequate to the exigencies of the
  Union.
• 55 of the most distinguished men in America most
  of them lawyers on May 25, 1787 decided the fate
  of the Union.
• There would never be more than 26 people in
  attendance at any one given timesickness,
  business, or temperament absented some Rhode
  Island never participated.

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Constitutional Convention

• Washington President of the Convention
• Benjamin Franklin elected Pro-Tempore
• The rest were relatively young, served in the
  Continental army
• Imbibed with Revolutionary zeal

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Constitution

• The procedures of the convention were less than
  democratic, but proved to be beneficial
• Wanted honest and open dialogue, not some
  political denizen harping to the press
• The convention would be in secret, no speaking to
  the media or others
• Agreed that 1) the federation must be altered
  and 2) a strong central government was needed.

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Constitution

• Most obvious issue was that of power and how it
  was to be structured.
• 1) This new national government was authorized to
  levy taxes on states and areas of commerce also
  it was authorized to raise and maintain a
  standing Army and Navy.
• Second issue was who was to control this
  governmentA strong national legislature, or a
  strong natural executive, or the individual
  states?

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Constitution

• Another issue was how this structure would
  developlarge states swallow up the small, or
  would the small states have equal voice.
• James Madison put forth the Virginia Plan two
  house legislature, an executive and a judiciary.
  Senate would be elected by the state
  legislatures, the House of rep. Would be popular
  vote The national Congress would elect the
  President.
• Squabbling outright, the large states had the
  most population therefore could send more reps to
  congress and always influence who the President
  would be.

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Constitution

• Gunning Bedford of Delaware preferred a European
  Monarch than dictatorship by Virginia,
  Pennsylvania and Massachusetts.
• William Patterson of New Jersey offered what
  became the New Jersey Plan.
• A one house national legislature with each state
  having an equal voicecongress could tax and
  regulate commercePresident would be chosen by a
  plurality in Congressestablish a national
  Supreme Courtseemed that states would have too
  much powerback to square one.

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Constitution

• Connecticut Compromise House of Representatives
  popularly elected Senate consisting of two from
  each state no state could be deprived of equal
  suffragesmall state would have protection in the
  Senateto appease the Large statesthe power of
  the Purse would be in the House (Ways and Means
  Committee).
• The Great Compromise was the two House
  legislature, one elected by popular vote and the
  other composed of equal representation from each
  state. A Separate and Supreme Judiciary.

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Constitution

• They did design a surprisingly strong Executive
  ModelPresident responsible for executing the
  Laws, commanding the Armed forces, and
  supervising foreign relations
• This may very well have ended the attempt at
  constitutional governmentbut the President was
  to be elected by an Electoral CollegeLarge
  states now cannot control the executiveand most
  important of all, the 1st President was to be
  George Washington

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Constitutional Omissions

• No allowance for Political Parties, Supremacy of
  federal government over the states was implied
  never outright stated, and no precise standard of
  citizenship was established.
• It did not free the African Slaves, address
  Gender issues, nor did it address the Native
  American Issuesit left a lot to be inferred and
  out rightly ignored other issues however, they
  addressed and succeeded very well for the issues
  that were immediate to them they offer a
  document that could and would transcend time and
  be flexible enough to address troublesome issues.

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Constitutional Obfuscation

• Slavery was unnamed but identified by the phrase
  held to service or labor, under the laws
  thereof, upheld in Article 4 section 2
• Section 2 guarantees that any fugitive or person
  that escapes to another state must be delivered
  up by edict of the law.
• Section 4 indirectly upholds slavery by
  suggesting that any uprising or rebellion against
  said state would have the benefit of the national
  militia to quell it.

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Constitution

• The entire document is one of compromise and even
  frustration however, it established a system of
  checks and balances that serve it very welleach
  having a specific duty and responsibility
• There will be no Cromwells or Napoleon's gracing
  the pages of American history.
• The document has stood the test of time in good
  times and during extreme crisissimply it is the
  greatest document of World History.

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Constitutional Sectionalism

• Controversies between North and South have
  origins of fundamental differences they are
  truly two distinct regions with two distinct
  political, social and economical philosophies.
• The Mason-Dixon line surveyed in 1767. The states
  below this line easily became labeled Southern
  States.
• South warmer temperate climatemostly
  agricultural, African Slave labor force, intense
  year round labor systemsvery agrarian and
  Planter Aristocracy.

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South

• Always afraid that the populace North would
  dominate the South
• Southerners always distrusted the North based on
  economic interestsSouth needed western lands and
  the free navigation of the MississippiCentral
  government was seen as weakening the South

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South

• They forced the North to compromise to gain
  Southern consent into this new Union
• South wanted slaves counted as equal to whites in
  apportionment and elections, but not for the
  purposes of taxation
• South Carolina demanded full representationit
  was simple Justice, the slaves were as productive
  as those of the Northern states

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Impasse

• Governuer Morris of Pennsylvania suggested that
  if this country is modeled on slavery, it will
  eventually perish if the Southerners want to
  make their way on such a vile institution, Then
  let us at once take friendly leave of each other
  
• To avoid dissolving the Union before actually
  establishing a Unionthey compromised on the
  3/5ths ruleessentially suggests that for every
  three white people in the South, they may count 2
  Black peopleroughly the South was gaining a 60
  Apportionment over the North

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More Compromise

• External and Internal Taxation and Commerce split
  along sectional lines
• North wants a protective tariffoffer the
  government good income and protect the new
  industry of the Northhowever, South would not
  agree to tax exportsSouthern exports more
  valuable than northern exports.
• Taxation would only profit Yankee
  ShippingSoutherners wanted to be free to ship or
  negotiate commerce and trade with whomever they
  desired.

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More Compromise

• Deep South wanted to maintain the international
  slave trade
• North opposes the Souths insistence of
  individual state sovereignty as compared to
  foreign trade and contractsmust be exclusively
  with National Governmentalso oppose trafficking
  Human cargo
• Congress would regulate foreign commerce, impose
  import taxes, but not export set a dead line to
  end the slave tradeship with whomever, but honor
  all National contracts first. South found this
  agreeable

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Ratification

• Patrick Henry claimed he smelled a Rat!
• Samuel Adams worried that the individual states
  and especially the communities were giving up too
  much of their independence.
• Pro-Constitutionalist took the moniker Federalist
• This left the Old Revolutionaries no choice but
  to assume the moniker AntiFederalist.(explain
  this in lecture)
• Hamilton and Madison undertook a propaganda
  campaign in the Federalist Papersvery
  successfully explained the constitution and why
  it was needed.

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Within the life span of a single generation,
Americans had declared their independence twice.
In many ways the political freedom claimed from
Britain in 1776 was less remarkable than the
intellectual freedom from all the Old World that
Americans achieved by agreeing to the
Constitution.