Chapter 6
Shaping A New Nation
On July 4, 1776 the 13 colonies proclaimed themselves to be free and independent states.
Soon after this declaration, states began to write state constitutions for republican-style
governments. Americans also began working on a national constitution and government
which would replace the Second Continental Congress. America's effort to create
republican forms of government at the state and national levels seemed to many to be a
radical if not risky undertaking. Virtually all governments of the 18th century were
monarchies. Most members of the ruling classes in the Old World believed that
republican government was unworkable. They believed that common citizens were
incapable of electing qualified leaders. Even some Americans shared this concern. But
despite predictions of failure, Americans began their experiment with republican
government.
The first constitutions were written at the state level. There, constitution-writers
improved upon colonial political traditions. Typically, the new state constitutions called
for governments of three branches which were, in some ways similar to colonial
governments. Many states continued to have bicameral legislatures; but unlike colonial
tradition, the upper house as well as the lower house was elected by citizens. Each state
constitution also called for an executive or governor. Unlike the colonial governor of
royal colonies, who had been appointed by the British king, governors of each state were
elected. Each state constitution also called for the creation of state judiciaries.
Despite the fact that people in the states shared some traditions and views about
government, there were also some deep differences. States argued with each other over
conflicting land claims. Disputes over ownership of land west of the Appalachians were
especially heated. Differing attitudes about slavery in Northern and Southern states were
also beginning to divide Americans. And, although each state created a republican form
of government, there was disagreement over which citizens should be allowed to vote.
Some state constitutions called for manhood suffrage while others restricted voting rights
to white men who owned a certain amount of property. Each state also adopted a
different money system. Some established hard money systems where the state's
currency was backed by gold. Other states issued "cheap" ("soft") money which was not
backed by gold.
Differences between the states made the second political goal -- the creation of a
permanent national government -- difficult to achieve. Determined to safeguard their
individual rights and the sovereignty of their states, most Americans in 1776 opposed the
creation of a strong federal government. Instead, they favored a weak confederation.
Accordingly, the Second Continental Congress authorized the drafting of such a national
constitution called the Articles of Confederation. Although written in 1777, argument
over ownership of land west of the Appalachians postponed ratification of the Articles.
Finally, after all states agreed to give their western lands to the national government, the
land dispute was solved, and the Articles of Confederation were ratified in 1781.
As intended, the Articles of Confederation called for a weak national government. In
fact, Congress (the main governmental body of the Articles) was so weak that it could
hardly be called a true government. It could not levy taxes, nor could it enforce its laws.
Congress depended on the states to enforce its laws and give it financial support -something the states rarely did. Despite limitations to its power, Congress seemed to be
the kind of national government most people wanted in 1781. The weakness of Congress
guaranteed that it could never threaten the rights of individuals and their states as
Parliament had once done.
But the weakness of the Articles of Confederation led to other problems. Since
Congress, had few powers, many treated it with disrespect. States generally ignored
Congress's appeals for money. Foreign governments treated the United States with
disrespect. British troops refused to leave posts in the northwest corner of the U.S. and
Barbary pirates attacked American ships in the Mediterranean. When Shays's Rebellion
threatened to plunge Massachusetts into anarchy, Congress demonstrated its weakness by
failing to act. Meanwhile individual states began economic warfare with one another by
erecting tariff walls. To make matters worse, the wide variety of state currencies made
trade between states and with foreign nations even more difficult. The problems of the
country became so large during the years of the Articles of Confederation (1781-1789)
that people call this time the Critical Period.
Despite a few notable accomplishments by Congress (e.g., the Land Ordinance of
1785 and the Northwest Ordinance of 1787), most saw Congress and the Articles of
Confederation as weak and ineffectual. People began to demand that a strong national
constitution and government be established.
During the Critical Period, America seemed overwhelmed by problems. A confusing
and varied system of state currencies discouraged commerce. Foreign nations treated the
United States with disrespect. Even worse, outbreaks of violence, such as Shays's
Rebellion, threatened to plunge America into anarchy. By 1786 it became clear to many
that the Articles of Confederation did not grant the national government enough power to
govern the country. Many believed that the Articles of Confederation needed drastic
revision.
In 1787, 55 delegates from 12 states met in Philadelphia with instructions to consider
changes to the Articles. Fortunately, this group, called the Constitutional Convention,
was made up of some of America's most brilliant minds. Although originally asked to
revise the Articles of Confederation, the Convention decided that it was necessary to
frame an entirely new and much stronger constitution.
But writing such a constitution was not easy. The framers, or Founding Fathers (as
the delegates came to be known), argued over many issues. One major argument was
over how much power a new national government should have. Some delegates claimed
that too strong a government would lead to dictatorship. Others argued that too weak a
government would allow Critical Period anarchy to continue. The framers also disagreed
on how states would be represented in a new national legislature. Delegates from large
states believed populous states should have more representatives than small states.
Delegates from small states, however, favored equal representation for all states.
Despite the difficulty of the problems, the framers were able to work out compromises
on most issues. They created a federal system which granted the national government a
limited number of strong powers and guaranteed other powers to the states. The framers
also worked out a system of separation of powers and checks and balances which would
keep any individual or group in government from seizing too much power. They solved
the question of state representation in the national legislature by creating a bicameral
(two-house) Congress. In the House of Representatives, states would be represented
according to their population. In the Senate, all states would be represented equally -each state would send two senators to that house of Congress.
On September 17, 1787, after four months of work, the convention finished framing
the Constitution. They then submitted the Constitution to the states for their ratification.
After intense debates between Federalists (those who favored the new Constitution) and
Anti-Federalists (who opposed it) the Constitution was finally ratified in 1788.
The Founding Fathers (or Framers) built the United States Constitution upon certain
principles. The Philadelphia Convention's dedication to these principles created a
democratic form of government. This Constitution and its principles have stood the test
of time and have been the model for republican governments throughout the world.
These principles deserve special attention.
GOVERNMENT BY THE CONSENT OF THE GOVERNED
Delegates to the Constitutional Convention of 1787 believed that government receives
its authority from the consent of the governed. The American Revolution was, to a great
extent, caused by Britain's violation of this principle -- Parliament taxed the colonists
without their consent. The Declaration of Independence was built upon the principle that
governments derive "their just powers from the consent of the governed."
The Founding Fathers made government by consent a central feature of the
Constitution. The Constitution gave voting citizens the power to directly elect their
representatives in the House of Representatives. It also called for indirect election of
senators and the president. The Constitution also guarantees each state a republican
(representative) form of government. Finally the framers gave to the people the power to
accept or reject the Constitution -- only with the people's consent would the new
Constitution be ratified.
FEDERALISM
In order to create a strong national government and yet grant states control over their
internal affairs, the framers developed the principle of federalism. According to this
ingenious idea, the power to govern would be shared between the national government
and the state governments. The national government would be given power to govern
those matters that affected more than one state. Since trade between states and foreign
nations affected more than one state, power to regulate this kind of trade would be
granted to the national government. Since a single, national money system was needed
for proper interstate and foreign trade, the power to coin and print money was also given
to the national government. Since future battles with foreign countries was a concern of
all Americans, the Constitution gave Congress the power to raise and maintain an army
and navy. Finally, since the national government needed money to carry out its duties,
the Constitution gave Congress the power to tax the people.
Under federalism, states retained many powers. The Constitution protected states'
rights to govern their internal affairs. They retained the right to regulate intrastate (within
the state) commerce as well as to determine qualifications for voters. States retained the
power to establish and administer public schools as well as to make rules about marriage
and divorce. States also retained the power to license businesses.
LIMITATION ON GOVERNMENTAL POWERS
The Founding Fathers also believed that the power of government should be limited.
Fearing that the Congress might abuse its power, as Parliament had once done, the
Convention granted Congress a limited number of powers. (See Article I, Section 8 of
the Constitution.) Article I, section 9 of the Constitution denied specific powers to the
national government. In Article I, Section 10, the framers placed a few limits on state
governments. States could not, for example, enter into alliances with foreign nations,
print money, enact tariffs, or pass bills of attainder. After the Constitution was ratified,
the Bill of Rights (the first 10 Amendments) were added to the Constitution to further
limit the power of government.
SEPARATION OF POWERS AND CHECKS AND BALANCES
In their determination to keep individuals in the national government from misusing
their power, the Founding Fathers developed a system of separation of powers.
According to this system, the legislative (law-making), executive (law-enforcing), and
judicial (law-interpreting) powers of government were given to different groups of
government officials. Law-making powers were given to the legislative branch, a
Congress of two houses -- the House of Representatives and the Senate. Law-enforcing
powers were given to the executive branch, headed by the president. Law-interpreting
powers were given to the judicial branch, headed by the Supreme Court.
To prevent any one branch from abusing its power, the framers also created a system
of checks and balances. According to this system, each branch of government could
check or place some controls on the other. The president, for example, has the power to
veto bills of Congress. Congress has the power to remove the president from office.
NEED FOR FLEXIBILITY AND CHANGE
The Founding Fathers understood that the national government and the Constitution
had to be flexible. They included in Article I, Section 8 the "elastic clause" which gave
Congress flexibility in carrying out its listed powers. The framers also enabled the
people to alter their Constitution to meet the needs of a changing nation. Article V of the
Constitution says that the Constitution may be amended with the approval of threefourths of the states or by convention. With this flexibility and capacity for change,
America's Constitution is just as effective today as it was over 200 years ago. For this
reason it is called the "living Constitution."