HISTORICAL DOCUMENTS Declaration of Independence Articles of Confederation Northwest Ordinance Constitution Federalist v. Antifederalist Papers Bill of Rights LEARNING GOALS The student will be able to: • Explain the key political ideas found in the Declaration of Independence, Northwest Ordinance, Articles of Confederation, Federalist Papers, Anti-Federalist Papers, Constitution and Bill of Rights. • Analyze how these documents continue to serve the needs of the United States of America. EVENTS LEADING TO INDEPENDENCE • End of French and Indian War ▫ Treaty of Paris gives Great Britain claim to all of North America east of the Mississippi River • Proclamation of 1763 ▫ To avoid further conflict with Native Americans, British government prohibited colonists from settling west of the Appalachian Mountains ▫ Colonists ignored proclamation line PROCLAMATION LINE of 1763 NEW TAXES • Sugar Act ▫ Taxed sugar and other goods ▫ Placed duties on certain imports that had not been taxed before ▫ Colonists accused of violating act would be tried in vice-admiralty courts – single judge rather than jury STAMP ACT • Imposed a tax on documents and printed items such as wills, newspapers, and playing cards • First tax affected colonists directly because it was levied on goods and services • Colonist harass stamp distributers, boycott British goods • Prepare Declaration of Rights and Grievances TOWNSHEND ACTS • Townshend Acts imposed duties on glass, lead, paints, paper and tea imported into the colonies • Colonists protest “taxation without representation” • Organize new boycott of imported goods BOSTON MASSACRE • Taunted by angry mobs, British troops fire into the crowd, killing five colonists • Colonial agitators label the conflict a massacre and publish dramatic engraving depicting the violence TEA ACT • Britain gives the East India Company special concessions in the colonial tea business and shuts out colonial tea merchants • Boston Tea Party - Colonists in Britain rebel, dumping 18,000 pounds of East India Company tea into Boston harbor INTOLERABLE ACTS • King George III tightens control over Massachusetts by closing Boston Harbor and quartering troops • Colonial leaders form the First Continental Congress and draw up a declaration of colonial rights “The British are coming” LEXINGTON & CONCORD • General Gage orders troops to march to Concord, Massachusetts and seize colonial weapons • Minutemen intercept the British and engage in battle ▫ “shot heard around the world” • Second Continental Congress called ▫ Formed Continental Army & appointed G. Washington as commander ▫ Issued Olive Branch Petition – last attempt at resolving differences The Shot Heard ’Round the World! Lexington & Concord – April 18,1775 IDEAS BEHIND THE REVOLUTION • Enlightenment ideas spread throughout the colonies in the 1760s and 1770s • John Locke – key Enlightenment philosopher ▫ People have natural rights – life, liberty, and property ▫ Social contract – every society has an agreement in which the people consent to choose and obey a government so long as it safeguards their natural rights ▫ Government violates social contract – people can overthrow the government IDEAS BEHIND THE REVOLUTION • English Law ▫ Magna Carta acknowledged certain specific rights including due process, speedy trial, trial by jury of one’s peers Monarch did not have absolute authority, subject to rule of law ▫ English Bill of Rights Due process, speedy trial, trial by jury, no taxation without consent of property owners, presumption of innocence, no standing army during peacetime, no quartering of troops, freedom of travel, guarantee of regular legislative sessions PHILOSOPHY • Richard Henry Lee moved for independence on June 7, 1776 ▫ “These United Colonies are, and of right out to be, free and independent states. . .” • Motion adopted on July 2, 1776 • Formal explanation was needed to rally resistance at home and invite foreign nations to aid the American cause, especially France DECLARATION OF INDEPENDENCE • Three major parts: ▫ Preamble (heavily influenced by John Locke) ▫ List of 27 grievances of the colonies seen by Congress as the most important part ▫ Formal declaration of independence GRIEVANCES • Underwent the most change from the original draft • – 24 changes • Charged the King: ▫ ▫ ▫ ▫ ▫ ▫ ▫ ▫ ▫ with imposing taxes w/o consent eliminating trial by jury abolishing valued laws establishing military dictatorship Maintaining standing armies in peacetime Cutting off trade Burning towns Hiring mercenaries Inciting Indian violence upon colonies DECLARATION OF INDEPENDENCE • • • • Officially broke ties with England United States officially an independent country Result: foreign aid could be successfully solicited Source of inspiration ARTICLES OF CONFEDERATION Outlined the form of government in the new United States ARTICLES OF CONFEDERATION • Americans now had to create new political system • Americans favored a republic – government in which citizens rule through their elected representatives ▫ Many feared democracy – government directly by the people ▫ Power in hands of uneducated masses ARTICLES OF CONFEDERATION • Confederation – an alliance between the thirteen states • Congress – one vote per state ▫ ▫ ▫ ▫ ▫ ▫ Power to declare war Make peace Sign treaties Borrow money Coin money Establish postal service NEW LAND POLICIES • Beginning of the Revolution – Only a few thousand lived west of the Appalachian Mountains – Treaty of Paris of 1763 • Proclamation Line of 1763 • Forbid moving West • By 1790’s – Treaty of Paris of 1783 allowed Americans to move west – Around 120,000 • Settlers wanted to organize their lands and join the Union STATES RELINQUISH TERRITORIES • All states relinquished land claims in the new territory and gave it to the congress CONGRESS IN DEBT • Congress had no power to tax the inhabitants of the United States ▫ Goal of the Land Ordinance of 1785 To raise money through the sale of land Pay off war debts Organize new territories gained under the Treaty of Paris of 1783 DIVIDING AND SELLING LAND • Congress surveyed and Divided the land in order to sell it to people moving west. • They passed the “Land Ordinance of 1785” to divide the land. DIVIDING THE LAND • Divided into Townships ▫ 6 Miles Long • Townships divided into 36 Sections ▫ 640 Acres ▫ Sold at public auctions for at least $1 LAND SPECULATIONS • Speculators viewed the law as an opportunity to accumulate land cheaply ▫ Concerned with the lawlessness in the West, Richard Henry Lee urged, “the rights of property be clearly defined” ▫ Congress solved this problem by setting up a new Ordinance called “The Northwest Ordinance of 1787” THE NORTHWEST ORDINANCE Setting up government in the Northwest Territory THE NORTHWEST ORDINANCE • Passed in 1787 • Created the Northwest Territory • Would divide the lands into 3-5 smaller territories SETTING UP BOUNDARIES • Northwest Territory ▫ First Organized Territory of the United States • Boundaries ▫ South of the Great Lakes ▫ North and West of the Ohio River ▫ East of the Mississippi ABOLITION OF STATE CLAIMS • The new territory was to be controlled by the central government • States had to give up their land claims in the West • Congress would be the legislative body of the new territories REACHING STATEHOOD • When the territory reached a population of 5,000 “free male inhabitants of full age” they could form a legislature. • Once the Territory reached a population of 60,000 it could apply for statehood – These states would be admitted to the Union with equal rights of the original 13 states. ESTABLISHING CIVIL RIGHTS • Property Rights were Promised • Religious Tolerance was proclaimed • Free Public Education • No Cruel or Unusual Punishment • Trial By Jury • NO SLAVERY THE PROHIBITION OF SLAVERY • Slavery and Involuntary Servitude was illegal RIGHTS OF THE NATIVE AMERICANS • “The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken without their consent; and , in their property, rights, and liberty, they shall never be invaded or disturbed.” Under the Articles of Confederation, the states had most of the power while the national government was weak. THE NATIONALISTS • By the 1780’s an influential group called “The Nationalists” wanted to strengthen the federal government. • The nationalist included: former military officers, congressmen, planters & lawyers. George Washington Benjamin Franklin James Madison Alexander Hamilton NATIONALIST CONCERNS WITH THE ARTICLES • The Federal Government is too weak under the Articles. • Lack of a national court system & no economic policies = chaos • The US Government wouldn’t command respect from other national governments. • American citizens challenge to authority & demand of individual freedoms was getting out of hand. Shays Rebellion.. giving the Nationalists support The Causes: • The wealthy loaned states $ to fight the revolution. • After the war wealthy lenders demanded payment. • To get payment they forced state government to raise taxes - $ to repay loans. • In Massachusetts, the state raised taxes only to be paid in gold and silver which was more scarce and valuable than paper $. • Farmers in the West were hardest hit by the taxes & after complaining to the deaf ear of the legislature they revolted. “this is taxation without representation” FARMERS DRIVE OFF THE TAX COLLECTORS The farmers complain to the state legislature to: • Take back the taxes • The legislature refused • The courts seized their possessions So the Farmers… THE REVOLT The farmers: ▫ ▫ ▫ ▫ Drove off the tax collectors Forced the courts to close Rioted Marched to the gun depot in Springfield. Congress was helpless EFFECTS OF SHAY’S REBELLION Realizing they were helpless in restoring order• No army • No aid to the states Congressional leaders decided to meet in Philadelphia to fix the articles and strengthen the federal government. • “at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union.” - Call of the Annapolis Convention • “for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the (Articles) adequate to the exigencies of Government and the preservation of the Union.” The United States in Congress Assembled, Feb. 21, 1787 ON TO PHILADELPHIA… Franklin Hamilton Madison Washington SELECTED FRAMERS OF THE CONSTITUTION Name State Occupation Dickinson, John Delaware Lawyer Ellsworth, Oliver Connecticut Lawyer Franklin, Benjamin Pennsylvania Inventor Gerry, Elbridge Massachusetts Merchant Hamilton, Alexander New York Lawyer King, Rufus Massachusetts Lawyer Madison, James Virginia Politician Mason, George Virginia Politician Morris, Gouverneur Pennsylvania Lawyer Morris, Robert Pennsylvania Merchant Paterson, William New Jersey Lawyer Pinckney, Charles South Carolina Lawyer Pinckney, Charles South Carolina Lawyer Randolph, Edmund J. Virginia Lawyer Rutledge, John South Carolina Lawyer Washington, George Virginia Soldier REPRESENTATIVES • Each state sent participants (except Rhode Island) ▫ Leaders appointed by state legislatures – members elected by property owner voters • 55 delegates convened on May 25, 1787 ABSENCES • Jefferson – in Paris – called group “convention of demigods” • Strong anti-nationalists Patrick Henry, Richard Henry Lee, Samuel Adams did not attend • Washington elected President THE PHILADELPHIA CONVENTION James Madison JAMES MADISON’S PLAN • National Principle –national government should be stronger than the states ▫ Would prefer to make states administrative bodies but delegates would never agree ▫ Believed government drew its power from the people, not states MADISON’S PLAN • Separation of powers ▫ Each independent of each other with specified powers ▫ Improve upon the state legislatures that dominated • Articles Scrapped ▫ Went against Congress’s explicit wish to revise ▫ U.S. government peacefully overthrown ▫ States in danger of losing sovereignty REPRESENTATION ISSUE • Madison’s Virginia Plan (Large State Plan) ▫ Representation in both houses of a bicameral Congress based on population ▫ Larger states would have a political advantage REPRESENTATION ISSUE • Dickinson’s New Jersey Plan (Small State Plan) ▫ “Equal Representation” in a unicameral Congress by states, regardless of size & population ▫ Weaker states feared that under Virginia’s plan stronger states would band together and dominate the rest ▫ Impasse between the large & smaller states threatened to break up convention MAY 30TH PROPOSAL • “Resolved. . . That a national Government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.” Edmund Randolph, Delegate from Virginia GREAT COMPROMISE • Strong, independent executive branch ▫ Military commander in chief ▫ Wide powers to appoint domestic offices ▫ Veto power • Electoral College used to elect president rather than direct vote GREAT COMPROMISE • Smaller states conceded representation by population in House of Representative • Larger states conceded equal representation in Senate • Every money bill would originate in the House since big states would have to bear a larger burden of taxation CONSERVATIVE SAFEGUARDS • Purpose was to check the excesses of the “mob” ▫ Unanimous feelings that manhood suffrage democracy was something to be feared ▫ Safeguards Federal judges appointed for life Electoral college Senators chosen by state legislatures END OF CONVENTION • No one completely satisfied • Needed 9 out of 13 to ratify • No Bill of Rights ▫ States already had them • Some delegates feared a new gov’t could do anything not expressly prohibited • Fragile consensus • Constitutional Ratification Chart NOTES OF DEBATES “Sir, I agree with this Constitution to all it faults, if they are such; because I think a general Government necessary for us. . . I doubt. . . Whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interest, and their selfish views. For such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does . . .” - Ben Franklin, September 17, 1787 HOW WERE THINGS FIXED? RATIFICATION PROVES TO BE A CHALLENGE • 9 out of 13 states had to ratify for the new constitution to go into affect • The ratification would be democratic: state citizens would elect conventions to decide whether or not to ratify • Even with all the compromising, large and small states could still not agree • Leaders split into two factions ▫ 1. the Federalists (pro-ratification) ▫ 2. the Anti-Federalists (anti-ratification) AND IN THIS CORNER…THE FEDERALISTS Alexander Hamilton James Madison John Jay • Proponents of the Constitution • Believed in a strong National Government • Knew that state governments would be reluctant to ratify a document that would strip them of power • Appealed directly to state citizens through rallies and written propaganda (Federalist Papers??) FEDERALISTS CONTINUED… • Argued that state legislatures, NOT the people had approved the failed Articles • The new Constitution would protect America against tyranny and corruption through its strong system of checks and balances, the three branches of government, and the bi-cameral legislature • Did not see a need for an addition of a bill of rights • Constitution should remain “as-is” – since the Constitution did not list any specific rights, no rights would be left out THE FEDERALIST PAPERS • Written by James Madison, John Jay, and Alexander Hamilton • A collection of 85 articles written to convince New York state to approve the Constitution • James Madison’s papers #10 and #51 would prove to be the most influential and important THE FEDERALIST PAPERS CONTINUED FEDERALIST #10 “Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.” -James Madison THE FEDERALIST PAPERS CONTINUED FEDERALIST #10 • Main points of #10 ▫ Factions, defined as “any group of citizens who attempt to advance their beliefs or economic status at the expense of other citizens” are dangerous and real threat to liberty ▫ A well-formed, strong union can break and control the violence of any faction ▫ The US Constitution will provide protection against dangerous factions by uniting the nation’s citizens THE FEDERALIST PAPERS CONTINUED FEDERALIST #51 “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” -James Madison THE FEDERALIST PAPERS CONTINUED FEDERALIST #51 • Main points of #51 ▫ Humans by nature form alliances around common shared beliefs ▫ Different interests must be represented in coalitions, aka alliances made by citizens coming together for the same cause ▫ Madison argues that the best and most successful coalitions can only be formed in a large republic united under one form of rule ▫ The bigger the republic, the greater the variety of interests, the greater the variety of interests, the larger and more successful the factions SO… WHAT DID THESE “PAPERS” ACCOMPLISH? • Probably only played a small role in securing ratification • However…. ▫ They have a lasting value as an authoritative and inspiring explanation of the Constitution ▫ Showed citizens the importance of considering human nature when choosing a method of government ▫ Showed that both humans AND government can be corrupted – a form of government must protect against corruption and prevent both citizens and leaders from abusing their power STILL Not Ratified… What now?? • Even with the efforts of men like James Madison, not all states were on the Constitution bandwagon • People were still very afraid that all of the rights they fought for in the war were being threatened by the Constitutions open-ended structure • The solution? The Framers realized that ratification would NEVER happen without at least the promise of a “bill of rights” – something the framers had been avoiding THINK AHEAD… • What types of problems do you foresee the framers having when putting together the promised “Bill of Rights?” • Do you think that the views of the Federalists or the Anti-Federalists were more representative of mainstream America? Why? • Are the views of either group still visible in American politics today?