Foundations of American Government (1776-1790)
Articles of Confederation
Created by 2nd Continental Congress in 1777, not approved by states
until 1781.
Hold-up to ratification is the issue of western land claims. Maryland will not
agree until the states (8) surrender land claims for “the good of the
whole.”
Congress was the dominant force (no executive or federal courts):
1. All bills required 2/3 vote for passage.
2. Any amendment to the Articles required a unanimous vote.
3. Each state had 1 vote.
4. No power to regulate commerce.
5. No tax enforcement power (voluntary).
Land Ordinance of 1785
Northwest territory sold to pay off debt.
Land divided into townships.
One section (of the 36) was set aside to be sold for the benefit of public
schools.
Allowed for ordered settlement of the old Northwest.
Northwest Ordinance of 1787
Creation of civil govt. in the territory under the direct control of Congress.
A territory could eventually become a state once population reached
60,000 (petition congress for statehood). Earlier, some interesting
names had been proposed for new states (see below).
Natural Rights provision (an influence upon the bill of rights?)
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Right of habeas corpus.
Freedom of religious worship.
Bans on excessive fines and cruel and unusual punishment.
Right of trial by jury.
Ban on ex post facto laws.
Slavery and involuntary servitude forbidden in Northwest.
Allowed for new states to enter union on equal basis with the original 13.
Native Americans:
"The utmost good faith shall always be observed towards the Indians; their lands
and property shall never be taken from them without their consent; and, in their
property, rights, and liberty, they shall never be invaded or disturbed, unless in
just and lawful wars authorized by Congress; but laws founded in justice and
humanity, shall from time to time be made for preventing wrongs being done to
them, and for preserving peace and friendship with them.”
"...the governor shall make proper divisions thereof... to lay out the parts of the
district in which the Indian titles shall have been extinguished, into counties and
townships."
Drafting of State Constitutions
In 1780, states begin to call conventions to write state constitutions.
Submitted to voters for ratification.
Conventions focus on distribution and limitations on governmental power.
Americans distrust powerful, central government.
States such as Pennsylvania took a radical approach by adopting many
of the ideas contained within, The People the Best Governors.
Provisions
 State constitutions limit the power of the governor and length of term.
 Increase the power of the legislatures.
 Actual not virtual representation.
 Fewer restrictions on suffrage. Most states lowered property
qualifications for voting.
 Separation of powers.
 Bicameral legislature.
 Most state constitutions include a Declaration of Rights a Bill of
Rights (guarantees of Natural Rights, due process of law, right to
reform govt., and freedoms of religion and speech).
Revision
State constitutions soon need revision, did not establish governments
strong enough to conduct the business of governing.
Most revisions increase the power of the governor and decrease the
power of the legislature.
Foreign Problems
Britain refused to send an ambassador, make a commercial treaty, or
repeal the Navigation Laws.
Trading posts along Canadian border source of trouble with Indians.
Spain seized lands granted to the U.S. by Britain and harassed trade on
the Mississippi River.
France demanded repayment of loans made during the Revolution and
restricted trade with the West Indies.
Domestic Problems
Some states refused to pay taxes, interest on the public debt grew and
nation's credit dwindled.
States began levying duties on each other's products and quarreling over
boundaries.
Shays' Rebellion (1786) Western Massachusetts, farmers losing their land
due to mortgage foreclosures and tax delinquencies.
Massachusetts authorities put down the uprising with force.
Leaders throughout the nation worried about the potential of domestic
unrest and continued commerce woes.
The Call for Reform of the Articles
Annapolis Convention, called to deal with issue of interstate commerce,
requested a convention to deal with reforming the Articles
(Philadelphia).
Representatives from 12 states (Rhode Island boycotted) assembled in
Philadelphia in 1787 to make a more perfect union.