Chapter 9
The Confederation and the
Constitution (1776 – 1790)
Quiz 1
1. What is the “Republican Motherhood”?
1. What is the Great Compromise?
Quiz 2
1. What is an anti-federalist?
2. Why were Articles of Confederation not used
and scrapped for the current day
Constitution?
Quiz 3
1. What is the Northwest Ordinance of 1787?
2. Why did Captain Shay rebel?
We are a new nation
• Declaration of Independence (7/4/1776)
• We do we even start?
– Who will rule?
– Does power rest in the National government or
the states?
– Who will be in power? The elites or the average
citizens?
– Will women have power?
– What will happen to the slaves?
Post-Revolution: Egalitarian Societies
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Over 80K loyalists fled. Many people in isolated
communities didn’t even realize it was going on. Aristocratic
upper crust people gone so the Patriots can form their own
elite. Conservatism gone so now democracy can spread like
a conflagration
Equality was the word of the day! – nothing exclusive could
go on, no more property-holding requirement for voting,
trade organizations formed for artisans and laborers, no
more inheritance laws like primogeniture which means all
the inheritance goes to the eldest bro.
A big push to separate religion and government, especially
since the Anglican church was tied to the King. Anglican
church turned into the episcopal church.
(politics and citizenship)
Continental Congress calls for complete abolition of slave
trade (1774): Reform
Philadelphia Quakers create the first anti-slavery society.
But why didn’t we completely go for anti-slavery at this
time? B/c sadly, we didn’t want to break up the unity we just
had. One hundred years later, it will come up again and
break us up for 5 years.
• Is Unity worth the inhumanity? Talk to your neighbor
FOUR WORLDS – Pre vs. Post Revolution
Partner Discussion
“To exercise a veto will be “democratical that it
must produce confusion and every evil work”
- John Adams’ thoughts on
oppression under a majority rule
Should the majority rule or “men of leisure and
learning”?
Not completely Egalitarian for Women
• It wasn’t an egalitarian for
women. fought in war and were
not given political rights.
• “Civic Virtue” – the
commitment of each citizen to
the public good could not be
cultivated any better than from
the MOTHER. Mom teachers
the morals.
• Republican Motherhood –
raised women up higher, giving
them a prestigious role as the
special keepers of the nation’s
conscience. Women influence
young boys who will then in
turn lead and save the nation.
• Abigail Adams demanded equal
rights for married women who
could not own property.
Compared rule over a wife like a
tyrant king’s rule over his
subjects
Constitution Making in the States
• Continental Congress in 1776 called upon the colonies to draft new
constitutions, asking them to become new states.
• Connecticut and Rhode Island barely retouched theirs but
Massachusetts wanted to capture the spirit of democracy by having
the people ratify it. Once adopted, the only changes can happen if
another constitutional congress is called. This later is imitated in the
ratification of the constitution. (politics and citizenship)
• All created weak executive and judicial branches b/c the people
distrusted despostic rulers. Most included bill of rights, and
fundamental laws that would be higher than the ordinary day to
day laws.
• Since the poorer western district people were now members of
these state legislatures, they wanted to get the state capitals
relocated from the haughty eastern seaports into the less
pretentious interior (demographic changes)
Economics after the War
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Economic democracy came before political democracy. Loyalist holdings were
confiscated and cut up into small farms which helped families forge new beginnings
We stopped imports from England and forced ourselves to make our own goods.
A downside is that we had to find new customers. But we can now trade freely with
foreign nations and be subject to local restrictions, which we could not do under
mercantilism.
Sadly though, after the war, Americans were worse off than before the war started
b/c of inflation and no fixed prices.
A new class of profiteers emerged who were charging 300% more because they could
while the once wealthy were left poor.
Partner Discussion
Does the seizure of Loyalist property violate the
Republican principle that states everyone is to
enjoy life, liberty, and property?
Articles of Confederation
• Coined money, Raised armies
and navies, Had taxes, Had
separate treaties of alliances
like VA with France
• Created to have limited
central government
• Each state is sovereign, free,
independent
• Each state is equal: 1 vote no
matter what size
• Changes need unanimous
vote
• Important laws need 9/13
vote
• No chief/king. No judiciary
Congress can:
1)Declare war
2)Make treaties
3)Adjudicate
disputes between
states
4)Borrow $$$.
Creating a Confederation
• It wasn’t ratified for 4 years
because the western lands. 6
states had no holdings on
westerly lands beyond the
Alleghany and felt it was unfair
that NY and VA had tons of
land. They said that everyone
fought for retention of that
land. Plus, later on, those lucky
states can sell that land while
the unlucky states will have to
tax their people to pay off their
debt.
• So congress promised this land
will be for “common benefit”
and that future states will come
from those lands. This was to
become the Northwest
Ordinance of 1787.
The first draft of the constitution:
Articles of Confederation
(1777) finally ratified in 1781.
Northwest Ordinances of 1784,1785, 1787
Successes under the Articles
• Land ordinance of 1785 – Says the acreage of the Old
Northwest should be sold and proceeds used to pay off
national debt Land will be surveyed and split into 1
mile square towns with 1/16 of it going to public
education
• Northwest Ordinance of 1787 – this related to the
governing of the Old Northwest. There would be
temporary tutelage, then permanent equality. First it
would be subordinate to the federal government. Then
when they could get 60K people to live there, it might
be admitted by congress as a state. NO slavery allowed
here.
Articles of Confederation = Articles of Confusion
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Too many loose ends: 13 states of friendship, linked together for joint action with common problems like
foreign affairs.
Congress was chief agency of government but designed to be weak – no power to regulate commerce and
cannot collect tax. It asked states to contribute their share on voluntary basis. YEA RIGHT! Congress advise,
appeal, and advocate, but cannot control or force.
No executive branch b/c of bad memories of king
Vital judicial arm was sovereign to the state.
Each state had one vote. Not fair considering 68K Rhode Islanders vs. 680K Virginians.
Everything needed a 2/3 vote
Amendments needed unanimous vote which was impossible
We need a tightly knit FEDERATION
There needed to be a central government to make treaties, establish a postal service, etc.
No one respects us under the Articles
of Confederation.
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The Brits shut off their profitable West Indies trade with America though we
smuggled anyway. (american identity)
They declined to repeal the ancient Navigation Laws.
Lord Sheffield said that England would win back America’s trade anyhow.
British agents were still active along the northern frontier where they still had a
chain of trading posts for fur trade with Natives.
Congress couldn’t control commerce and the states refused to adopt a uniform tax
policy --- so some “easy states” purposely lowered taxes in order to attract an
unfair share of trade
Spain and England prevented America from exercising effective control over half of
its total territory. Spanish was closing off the Mississippi river to american
commerce.
France was even asking for repayment of war and restricting trade with their West
Indies colonies
American ships were subject to pirate attacks in the Mediterranean
Hopefully, these insults to America would humiliate the people to frame a new
government that would be strong enough to command respect abroad.
Shay’s Rebellion
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Massachusetts 1786, poor backcountry
farmers (many Revolutionary war vets)
were losing their farms through
mortgage foreclosures and tax
delinquencies.
Led by Captain Daniel Shay, they
demanded cheap paper money, lighter
taxes, and suspension of property
takeovers.
Massachusetts authorities raised a
small army with the help of wealthy
citizens. Shay’s rebellion was crushed,
but the upper class began to fear that
the revolution created a monster
“mobocracy.”(have/have nots)
It was obvious through Shay’s rebellion
that Republicanism was too shaky and
that we needed a stronger central
government.
The poorer states rights people did not
want a strong central government
because they thought the feds would
force them to pay their creditors.
Philadelphia Convention: revising of
the Articles of Confederation.
• Every state chose a rep except for Rhode Island
• 55 emissaries from 12 states convened in
Philadelphia on May 25, 1787
• George Washington was the chairman
• Ben Franklin (81)
• James Madison (36) “Father of the Constitution”
• Alexander Hamilton (32) – wanted strong central
government
• All were young and experienced statesmen from
the upper class. No poor debtor group rep.
Bundle of Compromises: The Virginia
Plan, NJ Plan, and Great Compromise
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Rather than revise the Articles, they completely scrapped it and started fresh.
(politics/citizenship)
Virginia proposed the “Large-state plan”: representatives in bicameral congress should be
based on population. This would obviously give large states an advantage.
Tiny New Jersey created the “Small state plan” which gave equal representation in a unicameral
congress by states regardless of size and population, just like in the Articles of Confederation
Debate got so hot that Ben Franklin proposed that the daily sessions start with prayer.
“The Great Compromise” was agreed upon: Larger states would be represented by population
in the House of Representatives and smaller states were appeased by equal representation in
the Senate
Each state would have two senators no matter how rich or poor
The big states will obviously have the tax burden so they agreed that every tax bill must
originate in the House, where population counted heavily
The President was military commander in chief, can appoint judges, have veto power
President will be elected by electoral college than by direct means
The 3/5 Compromise: slave is 3/5 a person b/c South wanted to count them as a person so that
taxes per person will be lower and that they will have more reps in the house. The North said
no because they obviously do not have rights. So the compromise is that they are 3/5 a person.
Sucks (use/abuses of power)
Agreement on many issues
• Members of the constitutional congress generally saw eye to eye
when it came to economics. They wanted sound money
• They wanted a stronger government with three branches and with
checks and balances to prevent a “triple headed monster.”
• It was unanimous that too much democracy or “mobocracy” was to
be feared. (Like Shay’s Rebellion)
• Federal judges were to be appointed for life.
• Senators were to be chosen indirectly by state legislatures
• Only in the House of Reps do citizens get to choose their officials by
direct vote
• 42/55 remained for signing of the Constitution. Not everyone was
fully happy. They all had to compromise an adopt what was
acceptable to the entire body. Great life lesson.
Clash of Feds and Antifeds
• Nationwide acceptance of the Constitution would not be
easy. They needed to get 9/13 states to ratify.
• Antifederalists were those devoted to states’ rights, backcountry dwellers, the illiterate, the uneducated, the poorer
class. They suspected that the uppercrust were trying to
plot against the lowly folk. Stated that the constitution was
drawn up by the aristocratic and was therefore
antidemocratic (of the people). Also said that the freedoms
of individuals were endangered because there was no bill
of rights. They did not like how God was absent from the
bill, that there would be a federal stronghold (DC).
• Federalists were respectable people who were cultured,
had property. Most lived along the seaboard.
The ratification race
• All states but Virginia, New York, North Carolina, and Rhode Island
accepted the federal government under the Constitution.
• It was officially adopted on June 21, 1788
• Patrick Henry of VA believed the “C” as the death warrant of liberty.
But obviously, it could not continue as an independent state while
the constitution gets ratified.
• The Federalist – written by John Jay, James Madison, and Alexander
Hamilton. Articles in New York newspapers trying to get support for
ratification. NY caved. Yay!
• North Carolina and Rhode Island were the last two ruggedly
individualist centers of the “other-wise” minded. They caved in
once the government had already started
• North Carolina and Rhode Island ratifying last minute is like…