Chapter 9 The Confederation and the
Constitution 1776-1790
AP US - Hamer
Unit 3 - Revolutionary Era
October 11-12, 2010
Peace of Paris, 1783
• America made peace with England first
because they were afraid that France would
betray their western interests to Spain
• America got all land to the Mississippi
(Spain still had Florida)
• Why was England so nice?
– Wanted America to be more loyal to England
than France
After the Treaty of Paris, 1783
Equality vs. Reality
• Could not sacrifice new country to battle over
these details
– Slavery
– Women
• So:
– Civic Virtue: Democracy depended on the unselfish
commitment of each citizen to the public good
– Republican Motherhood: Women were the keepers
of the nation’s conscience – they trained the new
leaders
State Constitution Making
• Based on theory of republicanism: sovereignty
of state would rest on authority of the people
• Documents were supposed to represent a
fundamental law that was greater than the
changing whims of legislation
– Most contained bills of rights
– Annual election of legislators
– Weak executives and judicial branches (because of
problems with England)
– Legislatures were given sweeping powers (led to
problems)
Occupational Composition of Several State
Assemblies in the 1780s
Economic Issues
• Upheaval after revolution
– Inflation
– Profiteering
– Many worse off than before
• Economic Democratization
– Breaking up of large British estates and selling off
– Created a disrespect for private property and the law
• Changes in trading and production
– Because of non-importation acts, manufacturing was
forced to increase
– Could no longer trade with England
– Traded with new areas like China and Baltic
Wholesale
Price Index:
1770-1789
Shaky Start
• Little unity
– Had been united against England but now that was gone
– Very liberal since the conservative section left (Loyalists)
• Economic Issues
– Depression hit by 1786
– British manufacturers were flooding the American markets with
cheap goods
• Still hopeful
– States had similar governments
– Country had “rich political inheritance”
– Great leaders were still around
Articl
es of
Confe
derati
on
Gover
nment
17811789
Creating the Confederation
• During the war, the 2nd Continental Congress
(ambassadors from the 13 states who managed
the war effort) had a committee draft a new
constitution
– The Articles of Confederation were adopted by
Congress in 1777 and shown to the French for proof
of government
• Final states did not adopt until 1781
• States with western lands gave it to the federal government
to turn into new republican states
State Claims to Western Lands
The Articles of Confederation
• Confederation = Alliance
• Tons of problems
– No executive or judicial branches
– One state, one vote
• 2/3 vote for a law; unanimous vote for amendments
– Shackled and weak Congress
•
•
•
•
•
No power to regulate commerce
States’ had own navigation and tariff laws
No power to enforce taxation of states
No power to raise an army
Representatives were frequently absent
• Still a landmark government for the times and a necessary
stepping stone on the way to the Constitution
Indian Land Cessions:
1768-1799
Land Ordinance of 1785
• Acreage in the Old
NW should be sold
and the money should
pay off national debt
– To be surveyed before
sale and settlement to
settle in an orderly
fashion
– Townships would be 6
miles square each.
Each would have 36
squares (1 sq mile
each)
•#16 would be sold to benefit public
schools
•COMPLETELY changed America
•Contrasted with settlement south of the
Ohio R. which was erratic, uncertain, and
often fraudulent
Northwest Ordinance of 1787
• One of the major
accomplishments of the
Confederation Congress!
– Created a country, not an
empire
•Statehood achieved in three stages:
–Congress appointed 3 judges & a governor to
govern the territory.
–When population reached 5,000 adult male
landowners  elect territorial legislature.
–When population reached 60,000  elect delegates
to a state constitutional convention.
The
United
States in
1787
A New Country’s
Problems with the
World
Problems with England
• America couldn’t export to England and West Indies
– Many Americans managed to still smuggle with the West
Indies
• Many of the debts to Loyalists hadn’t been paid
• Northern Frontier
– England kept Indians on their side so America wouldn’t
invade Canada
– England continued to trade with Indians on US Soil through
British trading posts on the frontier
– England schemed with disgruntled Americans in Vermont to
annex the region
• The Allen Brothers
American Exports, To & From Britain:
1783-1789
Problems with Spain, France, and
North Africa
• Spain
– Controlled mouth of Mississippi and closed it in 1784 to
American commerce (strangling the frontier)
– Disputed area north of Florida panhandle
• France
– Demanded repayment of war loans
– Restricted trade with West Indies
• North Africa
• Pirate problems in the Mediterranean with the Dey of Algiers
– British had purchased protection, but America too poor and small to do
so
Disputed
Territorial
Claims
Between
Spain & the
U.S.:
1783-1796
Importance of World Problems
• Between Spain and England and their
influence on Native American tribes,
America had problems controlling
approximately half of its territory
• The problems in the Mediterranean made
America seem like a weak player on the
world stage
Crises Under the
Articles of
Confederation
Problems under the Articles
• National credit abroad was decreasing
• Interest on the public debt growing at home
• Some states were refusing to pay their share
to the federal government
• Some states were starting to print
depreciated paper currency
• Some states were setting up tariffs against
other states
Shay’s Rebellion 1786-1787
• Farmers in western Massachusetts
were losing their farms to mortgage
foreclosures and tax delinquencies
– Many were war veterans
• In 1786, Captain Daniel Shays (vet)
led them to march on Boston and
demanded:
– Cheap paper money
– Lighter taxes
– Suspension of property takeovers
Shay’s Rebellion 1786-1787
• Massachusetts raised money from wealthy citizens
to raise a small army against the rebellion.
• Several skirmishes occurred until, at Springfield, 3
Shaysites were killed and one injured
– After this the movement collapsed
– Shays was condemned to death under treason but was
later pardoned
Shay’s
Rebellion
1786-1787
Shay’s Rebellion 1786-1787
• Rebels felt that they were continuing the
tradition of fighting against tyranny
– Those who had property to protect felt that
republicanism and the Revolution had put too
much power into the hands of the people
• Freaked out states – especially because the
federal government had no way to intervene
for assistance
– This was the low point under the AOC
America Wasn’t THAT Bad…
• Half the states did NOT issue worthless
paper money
– Those that did showed signs of returning to
better monetary practices
• Congress would be allowed control of
commerce after an amendment passed
• Prosperity was “emerging from the fog of
depression”
Shays’ Rebellion: 1786-1787
There could be no stronger
evidence of the want of energy
in our governments than these
disorders.
-- George Washington
Annapolis Convention (1786)
12 representatives from 5 states
[NY, NJ, PA, DE, VA]
GOAL  address barriers that limited
trade and commerce between the states.
Not enough states were represented to
make any real progress.
Sent a report to the Congress to call a
meeting of all the states to meet in
Philadelphia to examine areas broader than
just trade and commerce.
Constitutional Convention 1787
• Leaders were appointed by the state
legislatures who were, themselves, voted on
by men meeting property requirements
– “Double distillation” produced a select group
of propertied men and leaders
– Jefferson called them demigods
– Even though they were propertied, they
reinforced ideas of republicanism
Constitutional Convention 1787
• Met on May 25, 1787 in Philadelphia
• GW was selected as chairman
• Major players
– Ben Franklin
– James Madison: called Father of the Constitution for his
contributions
– Alexander Hamilton: advocate of a strong central government
• NOT there:
–
–
–
–
Thomas Jefferson, John Adams, Thomas Paine (all in Europe)
Sam Adams and John Hancock (not chosen by Mass)
Patrick Henry was elected by VA but said no
Possibly good because those who were there were interested in
compromise and fixing the problem
– Also not there: poor people
Constitutional Convention 1787
• Fear had a seat at the convention as well
– Wanted republicanism without a “mobocracy”
• Washington said “we have, probably, had too good an
opinion of human nature in forming our confederation”
– Wanted to strengthen America’s presence abroad to
prevent against problems like with the Dey of Algiers
and commerce with England
• The decision upon arrival was to throw out the
old AOC and replace it with a new Constitution
Compromises at
the
Constitutional
Convention
Big States vs. Little States
• Large State Plan of VA
– Bicameral Congress
– Membership in both houses based on population
• Small State Plan of NJ
– Unicameral Congress
– One state, one vote
• Solved by The Great Compromise
– Bicameral Congress
– Population membership in the House of Representatives
• Tax bills could only begin in the House
• Helped big states that would have to shoulder the tax burden
– Two senators per state in the Senate
Executive Leadership
• Inspired by popularly elected strong governor of
Massachusetts
• Strong Independent executive as presidency
– Military commander in chief
– Power of appointment over domestic offices
– Power of veto over legislation
• Indirectly elected by Electoral College
– Took direct democracy away from the people
– “Leaving the choice to the people was like asking a
blind person to choose colors” said one VA delegate
Judicial Branch
• Federal courts capped by the leader of the
Supreme Court
• President appointed Justices
– Approved by Senate
3/5 Compromise
• Should the southern slaves count as part of the
population for representation?
– South said yes, North said no
• The Three-Fifths Compromise said that 3/5 of the
slaves would be counted for population AND
taxation.
– The south had originally wanted them to count for
population but not pay taxes on them
• Many states (except GA and SC) wanted to end the
slave trade
– Decided that it would continue until the end of 1807
Conventioneers were in more
agreement than usually mentioned
• Economically
– Sound money and protection of private property
• Politically
– Strong government, three branches, checks and balances
• Against direct democracy of the people:
– Federal judges appointed for life
– Electoral College
– Senators elected by state legislatures
• Yes democracy of the people:
– House of Representatives elected by the people (men with
property/
– Still republican
Ratifying the
Constitution
Federalists vs. Anti-federalists
Problem in ratification
• Under AOC would take unanimous
approval
– RI would never approve
• The Conventioneers said that once 9 of the
13 states approved (the new rule for
amendment passage in the Constitution), the
Constitution would become the law of the
land in those states
– Appealing to the votes of the people
Federalism
• Federalism: Balance of power between the
states and national government
• New plan for America to create a stronger
central government without completely
stripping the states of power
Antifederalists
• Anti-federalists did not want or trust the new,
larger and more powerful government
– Made up of a diverse group
– Fears were:
• Only aristocrats had drawn up the Constitution which
means that it wasn’t democratic
• Sovereignty of states was being reduced
• Freedoms of the individuals weren’t protected
• Wanted Congressmen elected once a year (like in AOC)
• Upset about the 10 square mile federal capitol to be built
• Standing army
• No mention of god
The Debate in the States
• Each state elected members to their own state
ratifying conventions
– Massachusetts became the litmus test
• Originally an anti-federalist majority, but since the vote
was between the Constitution and the AOC - which was
the lesser of two evils???
• Were assured by federalists that a Bill of Rights would be
added by the first Congress
• Passed 187 to 168
• On June 21, 1788 9 states had adopted it and it
became law
– Not: RI, VA, NY, NC
Federalist vs. Anti-Federalist
Strongholds at the End of the War
A Conservative Triumph
• A Conservative Counterrevolution to the liberal
Revolution
– Necessary in Anatomy of a Revolution
• A second revolution by the minority
– Basically had seceded from the Confederation
– Only 1/4 of the adult white males had voted for delegates
• Because of property qualifications
• Estimates show that if there had been universal manhood suffrage, than
the there would have been much more opposition and possibly defeat
• By expressing that all 3 branches represented the people
and were at the same time limited by the other branches,
Constitution balanced liberty and order
Historiography
• Revolution or Counterrevolution
– Early in 1800’s seen as an extension of the
Revolution
– In Early 1900’s seen as a conservative
counterrevolution to protect the propertied elite
– 1950’s said that America just realized that it
needed a stronger central government
– Wood in 1969 said that the Constitution was
just the fruition of the ideas of republicanism
1. Govt. gets its authority
from the citizens.
2. A selfless, educated
citizenry.
3. Elections should be
frequent.
The
“Virtuous
Republic”
4. Govt. should guarantee
individual rights &
freedoms.
5. Govt.’s power should be
limited [checks & balances].
6. The need for a written
Constitution.
7. “E Pluribus Unum.” [“Out of
many, one”]
8. An important role for
women  raise good,
virtuous citizens.
[“Republican Womanhood”].
Article I - Legislative Branch
• Bicameral Legislature
– Senate - Upper house
• 2 members per state
• VP is Official Pres and tiebreaker
• 6 year terms
– House of Representatives - Lower House
• Membership based on population (census) now at 435
• 2 year terms
• Only house that can initiate impeachment or tax bills
– Both houses have to approve bills
Powers Granted or Denied to Congress
• Congress is allowed to pass legislation on the following:
– Taxes, borrowing money, commerce, citizenship laws,
bankruptcy laws, coinage of money, counterfeiting, post
offices, patents, federal courts, international laws, to declare
war, regulation and maintenance of the armed forces and
militia, to run the District of Columbia, and laws to carry out
any of these other laws
• Congress is NOT allowed to pass legislation on the
following:
– The writ of habeas corpus can not be suspended unless in cases
of rebellion or invasion when public safety demands it, no ex
post facto law, no bills of attainder, export taxes, no favorites
among the states, public money can only be withdrawn from
the treasury by law, no titles of nobility can be granted
Article II - Executive Branch
• The President is commander in chief of the armed
forces. The President can also: make treaties (with
2/3 approval of the Senate), appoint ambassadors
and other public ministers, and appoint judges of the
Supreme Court. The President can also veto laws
that are presented to him by Congress.
• The President is required to inform Congress of the
state of the Union on a regular basis.
• Term of 4 years, can only be elected twice
• The VP will take the President’s place if the
President can no longer serve his/her term
Article III - Judicial Branch
• The Supreme Court of the United States holds the judicial
power for the country. Congress can make other courts if
necessary (but these inferior courts still answer to the
Supreme Court). Federal judges are appointed for life and
they are appointed by the President and approved by the
Senate.
• The Supreme Court has original jurisdiction over trials with
ambassadors, public officials, or states. Lower courts begin
other trials, but they can move to the Supreme Court
through appeals.
• The Supreme Court can check the powers of the Legislative
Branch by deeming a law “unconstitutional”.
Article V - Amendments
• Article 5 describes how the Constitution can be
amended.
• Amendment: a change, in this case, to the
Constitution
• Either 2/3 of both houses of Congress or 2/3 of the
states can propose amendments to the
Constitution. An amendment is ratified when 3/4
of the states approve it. We now have 27
amendments to the Constitution.