The Crisis of Republicanism and
the Constitution
Republicanism
• The people rule. The people with
PROPERTY hold political power—They
have independence.
• Small Government
• Low Taxes
• Citizen Soldier Militia for defense
The Articles of Confederation
•
•
•
•
•
•
Each state mostly autonomous
One State, One Vote
9 Yes votes of 13 for most measures
Some require all 13
Goal: Central Defense and Foreign Policy
13 man Executive Committee when not in
session.
Powers of the Confederation
• Powers
– Borrow and Spend Money
– Arbitration between states
– Make Treaties and declare war and peace
– No standing army, but controls all wartime
forces and a permanent navy
Flaws of the Confederation
• Land forces dependent on the state—no
‘Continental Line’ was kept.
• Difficulties with money.
• Unable to regulate interstate commerce.
• Clunky mechanisms and problems with
super-majorities.
Politics in the 1780s: Rights
•
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States begin moving to where being a
white man, not property, determines voting
The north begins to abolish slavery slowly
New State Constitutions
•
•
•
•
•
Weak Governors
Strong Legislatures
Bills of Rights added
No more official religions
Fights over debts and taxes and voting
rights are intense
The Crisis of the 1780s
The Western Lands
•
The problem of conflicting land claims
Solutions for Land
•
•
States ceded the Western claims to central
government
Land Ordinance of 1785
–
–
Surveyed the West
Set up Land Sales System
Land Ordinance of 1785
Territory Acts
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Opened lands for settlement
Set Plan for Statehood Eventually
Northwest Territory: No Slavery
Southwest Territory: Slavery allowed
The Crisis of the 1780s:
Domestic Problems
• States and Federal Government had huge war debt
– Fed couldn't pay its debts
– States raised taxes to pay
• Property
• Interstate Trade
– This devastated the economy and crushed
veterans
– Debtor vs. Creditor wars ensue
Shay's Rebellion (1786-7)
•
•
•
Caused by combo
of high debts and
high taxes and bad
economy
Farmers revolt to
block debt
collection and
taxes
Panic ensues
The Crisis of the 1780s:
Diplomatic Problems
• Diplomatic Weakness
– Britain
– Unpaid debts, Forts held on US land, Trade with
Caribbean
– Spain
– Boundary disputes, Aid to our enemies
• Nationalists
• Call for stronger government
The Constitution and Its Passage
The Road to Philadelphia
• The Crises.
• 1786—Annapolis Convention
• Calls for amending the Articles of Conf.
• Shay’s Rebellion
• Panics leaders of the colonies
• 1787—Constitutional Convention
• Nationalist Dominated
Phase I: The Scope of
Government
• Virginia Plan
–
Big state = more power
• New Jersey Plan
–
All states = equal
• Great Compromise
–
–
House = Representatives by population
Senate = all states get 2 Senators
Federalism
•
Federal Government is supreme within
granted limits.
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–
–
Each state must recognize rights of citizens
of other states “Full Faith and Credit”
Each state supreme within own borders
Federal government has absolute authority
over its own lands
Get It Done
•
•
•
Most things done by a simple majority
But different branches can check each
other's power to prevent tyranny
No explicit mention of slavery
The President: Election
•
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35 or older, natural-born citizen
Chosen by the Electoral College every 4
years
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–
–
States choose how electors are chosen
Electoral votes = State's Senators +
Representatives
House of Representatives breaks ties
Presidential Powers
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•
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•
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Commander in Chief
Appointments
Law Enforcement
Pardons
Veto
Diplomacy and Treaties
Role of the Vice President: Backup for
emergencies
Federal Court System
•
Supreme Court
–
•
•
Lesser Courts created by Congress
All judges serve for life
Handles:
–
–
–
Appeals on Constitutional Issues
Federal Law
Treaties and Diplomats
Congress Structure
•
Senate
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6 Years
2 per state
Treaties, Appointments, Final Impeachment
House of Representatives
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–
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2 Years
According to Population
Money Bills, Initiates Impeachment
Law Making
•
Both houses must pass law
•
Military and Diplomatic
•
Fiscal
– Coin Money, Tax, Borrow
•
Commerce
– Interstate and Foreign
•
Federal Lands
•
Copyright and Patent Law
•
Naturalization:
Broad vs. Narrow Interpretation
•
Necessary and Proper Clause: “To make all Laws
which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers
vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.”
(Article I, Section 8)
•
But what does this mean in practice?
Limits on Federal Power:
•
Right of Habeas Corpus
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No Bills of Attainder or ex post facto laws
•
No Taxes on State Exports
•
Equal Shipping
•
No Nobles
•
Budgeting and Accounting Required
Limits on State Power
•
•
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No Independent Diplomacy
Subordinate in War
Can't Coin Money
Many Limits similar to those on Fed in
previous slide.
Ratification
• Nine States needed
• Federalist vs. Anti-Federalist
• The Federalist Papers
–
Pro-Ratification Newspaper Articles
• Ratification Wars
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By 1789, all but NC and RI join up