From War to Constitution
1775-1789
Summary: Revolutionary War 1775-1783
• The War for American Independence began in 1775 and
lasted at least until 1783 when another Paris Peace Treaty
was signed
– Don’t get confused! See also the 1763 Treaty of Paris at the
close of the French and Indian/Seven Years’ War.
– And … there are others!
• However, Native Americans (British allies) in the west of the
coastal towns continued to fight and didn't sign a treaty
with the United States until 1795.
• The Revolution was a long, hard, and difficult struggle. By
the end, the political order was completely changed; from a
British colony to a new independent nation.
Political history: Charters and Written
documents
• The late 1700s-early 1800s was an era of
constitution writing—most states were busy
at the task—
• American colonial leaders felt the new nation
must have a written constitution, even though
other nations did not.
From the Articles of Confederation to
the U. S. Constitution
Articles of Confederation
• Second Continental Congress drew up Articles of
Confederation on November 15, 1777.
• Articles were the original constitution of the U.S.,
ratified in 1781, and replaced by the U.S.
Constitution in 1789.
• Articles described a “permanent confederation of
the states,” but granted to the Congress—the
only federal institution—little power to finance
itself or to ensure that its resolutions were
enforced.
• There was no president and no judiciary.
Colonial self-government during the
Revolution
• Articles of Confederation designated the duties of
Congress and the States.
• Congress adopted trade restrictions, established and
maintained an army, issued fiat money, created a
military code and negotiated with foreign
governments.
• Congress drew up an international agreements to set
up central institutions to conduct vital domestic and
foreign affairs.
• Only the central government (Congress) may declare
war, or conduct foreign, political, or commercial
relations.
Articles of Confederation and the States (Art. 6)
• Articles of Confederation sought to establish
“a firm league” among the thirteen sovereign
(free and independent) states called “The
United States of America.” But the Articles
also limited state powers to their own
borders.
• “No state may maintain a peacetime standing
army or navy, unless infested by pirates, but
every State is required to keep ready, a welltrained, disciplined, and equipped militia.”
• No states may form any sub-national groups.
Constitutional Convention, 1786-87
• Despite the Congress's continued efforts to
improve its effectiveness, many Americans
saw the need for a more powerful central
authority.
• The Congress as defined by the Articles of
Confederation was too weak to make the
states obey congressional mandates.
• In 1786, anxious for change, leading
statesmen called for a special convention to
revise the Articles -- the Constitutional
Convention.
Federalists and Anti-federalists
• While still at war with Britain, the revolution's
leaders were divided between forming a national
government with powers either strong and
centralized (the “Federalists"), or strictly limited
(the “Anti-federalists").
• During the Revolutionary War, the Continental
Congress compromised by dividing sovereignty
between the states and the central government.
• Ultimately, both the Federalists and antiFederalists contributed to the Constitution
through debate and the inclusion of the Bill of
Rights in 1791.
Madison’s Federalist #10
• Explained:
https://www.youtube.com/watch?v=GNN95ICOMI
Summary: Origins of the Constitution,
1787-1788
• The American Federalists, often called the “Framers,”
wanted to establish new republican principles to
replace both the old monarchical order and the weak
system under the Articles of Confederation.
• They wanted to strengthen the federal government’s
powers of defense and taxation.
• Three Branches of Government (Legislative, Executive
and Judicial) plus States comprise the Federal system
(Federalism).
• Anti-Federalists were suspicious of the Constitution
and designed the Bill of Rights (ratified 1791).
Preamble to the U.S. Constitution,
1788
“
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.”
Outline of the U.S. Constitution
• Article I establishes the first of the three branches of
the government, the Legislature.
• Article II establishes the second of the three
branches of government, the Executive.
• Article III establishes the last of the three branches
of government, the Judiciary.
• Article IV concerns the States.
• Article V method of amending the Constitution.
• Article VI Constitution is the Supreme Law of the
Land, all officers of the United States must swear an
oath of allegiance when taking office.
Bill of Rights, 1791
The Really Brief Version
• 1 Freedom of religion, speech, press, assembly, and petition.
• 2 Right to keep and bear arms in order to maintain a well regulated
militia.
• 3 No quartering of soldiers.
• 4 Freedom from unreasonable searches and seizures.
• 5 Right to due process of law, freedom from self-incrimination,
double jeopardy.
• 6 Rights of accused persons, e.g., right to a speedy and public trial.
• 7 Right of trial by jury in civil cases.
• 8 Freedom from excessive bail, cruel and unusual punishments.
• 9 Other rights of the people.
• 10 Powers reserved to the states.
Mercy Otis Warren and the AntiFederalists
• Warren’s essay, Observations on the New Constitution, was
published in 1788 under the pseudonym “A Columbian
Patriot,” warned that the Constitution would lead to “an
aristocratic tyranny” and an “uncontrolled despotism.” The
Constitution, she warned, lacked a bill of rights – no
guarantees of a free press, freedom of conscience, or trial by
jury.
• Warren complained that the Constitution didn’t protect
citizens from arbitrary warrants that may give officials power
to “enter our houses, search, insult, and seize at pleasure.”
Her sweeping, florid essay proved popular. It contributed to
the pressure that led Congress to pass the Bill of Rights in
1789 which were ratified in 1791.
Federalism
• Framers sought a system of government to avoid
tyranny and to prevent the abuse of power by
imbedding checks and balances among the three
main branches.
• Federalism was also designed to balance the power
of the national and state governments and thus limit
the powers of the national government.
• Jefferson and other “Democratic-Republicans” were
convinced that state government was closer to the
people and thus more democratic and better able to
protect liberties.
Checks and balances
• Separation of
powers is based
upon the
philosophy of Baron
de Montesquieu. In
this system the
government was to
be divided into
three branches of
government, each
branch having
particular powers.
Social changes by 1789
• Population grew from 2,500,000 in 1776 to 3,804,350 in 1789.
• No consideration of the Revolution would be complete
without considering the experience of people who were not
Patriots. Loyalists were Americans who remained loyal to the
British Empire. Some left, some stayed.
• Almost all Native American groups opposed American
Independence.
• Slaves would be made legally free if they fled Patriot masters
to join the British Army, which they did in large numbers.
• Many women argued they were “Daughters of the Republic”
but they had no political and few economic rights to
independence.
• Mercantilism began to change to capitalism.