Battling Egos and The Art of Compromise:
Building and Maintaining a New Government
(1784-1791)
Segment 5
History 22
Success of Independence By No Means Guaranteed
Serious Challenges and Dangers for The New American Nation
1) Weak Central Government: Articles of Confederation
• 13 States each retained their sovereignty
• Congress had no power: Couldn’t Tax, Enforce Laws
• States often didn’t bother to send delegates
2) Wrecked Economy
• Hundreds of Millions $ in Public and Private Debt
• Soldiers went home to no jobs, huge debts
• Industry, Commerce were devastated from the war
The Big Question Mark
?
Is it to Be?
3) Weak Military
• European Powers bullied America in the Western Frontiers and on the Seas
• England reneged on troop pullout pledge. Troops kept in Ohio, Maine, Oregon
• Soldiers couldn’t prevent Indian attacks on the western frontier
4) Creation of a National Government
• A common threat brought unity. No incentive for unity now
• A compelling case would have to be made for a Strong National Government
POSSIBLE DANGERS
1) Thirteen Independent and weak Nations or 2-3 weak Confederations
2) Long-Term Economic Weakness: Crushing Debt, restricted commerce
3) War between 13 states over Western Expansion
4) Spain, France, England grow in North America while America is weak
Why was a Constitutional Convention Necessary?
1) “Too Much Democracy” can be a bad thing – The Debtor’s Rebellions
The Organizer –
Alexander Hamilton
2) No Unity among the States
3) No Laws or Rules – Chaos in many areas
4) British still in North America
5) Problems of Commerce – Such As?
Constitutional Convention – Philadelphia, 1787
12 States sent between 2 and 8 delegates each (55 delegates total).
Alexander Hamilton
New York
John Langdon
New Hampshire
Roger Sherman
Connecticut
Ben Franklin
Pennsylvania
Philadelphia State House - “Independence Hall”
James Madison
Virginia
Elbridge Gerry
Massacussets
George Washington
President of Convention
On these points, they generally agreed:
• Some form of Federal Government with Independent States
• Some form of a Democratic, Republican Government
• Some system of checks and balances between the Government Components
• Some system which Protected Property and Secured People’s Rights
• Levy Taxes, Raise an Army and Navy, Regulate Commerce, Sign Treaties, issue money
Influence of Political Philosophers
JEAN-JACQUES
ROSSEAU
MONTESQUIEU
"When the law making
and law enforcement
powers are united in
the same [body], there
can be no liberty."
What man loses by
the social contract is
his natural liberty
and an unlimited
right to everything
The Spirit of the Laws he tries to get and
succeeds in getting; 1748
what he gains is civil
liberty and the
proprietorship of all
he possesses.
The Social Contract 1762
ADAM SMITH
“Every man, as long
as he does not violate
the laws of justice, is
left perfectly free to
pursue his own
interest his own way”
Wealth of Nations 1776
JOHN LOCKE
“The legislative acts against
the trust reposed in them,
when they endeavor to invade
the property of the subject,
and to make themselves
[…]masters, or arbitrary
disposers of the lives, liberties,
or fortunes of the people”
Second Treatise on
Government - 1690
Constitutional Convention
The Thorny Issues
1) Large Versus Small States
• Virginia + New Jersey Plans
• Equal versus Proportional Representation
2) Slavery
• Outlawed or Not?
• Counting Slaves in Representation?
3)
How Much Federal Power?
• Vis-à-Vis the States
Constitutional Convention – Hamilton, Wilson, Madison, Franklin
4)
Protections Against Abuse of Power
• Proponents want Written Guarantees
Washington Presiding over 1787 Constitution Convention
The Constitution
A Product of Compromise
1) Large Versus Small States
Article I, Section 2 + 3: The
Connecticut Compromise
2) Slavery
Article I, Section 9: 1808 trade ban
Article I, Section 2: 3/5 compromise
Article IV, Section 2: Slave Return
3) How Much Federal Power?
Amendment X
Non-Interference in State Issues
4) Abuse of Power Protections
Bill of Rights: Amendments 1-10
Checks and Balances
The Federalists
WHAT THEY BELIEVED
Pro-Constitution Broadside - 1787
The Federalist Papers
A Collection of Essays
The Authors of The Federalist Papers
•Faith in government activism
•Trust in centralized power
•Belief in general, implied
powers
•Belief in centralized
governance
•Belief in collective operation
•Seek greatness and empire
GENERAL SUPPORTERS
• Men with Commercial and
Financial Interests
Alexander Hamilton
James Madison
John Jay
"My political curiosity, exclusive of my
anxious solicitude for the public welfare,
leads me to ask who authorized them (the
framers of the Constitution) to speak the
language of 'We, the People,' instead of 'We,
the States?'“
-- Patrick Henry, 1788
"The Constitution, on this hypothesis, is a
mere thing of wax in the hands of the
Judiciary, which they may twist and shape
into any form they please."
--Thomas Jefferson
Some Prominent Anti-Federalists
The Anti- Federalists
WHAT THEY BELIEVED
•Skepticism towards government
activism
•Distrust towards centralized power
•Belief in explicit, limited powers
•Belief in localized governance
•Belief in individual cooperation
•Seek livelihood and sustenance
WHO THEY WERE
•Powerful State Politicians and
Bureaucrats – Feared Losing Power
Thomas Paine
George Mason
Patrick Henry
Ratifying The Constitution
Why The Federalists Prevailed
• Federalists Organized, While AntiFederalists were disjointed
•Anti Federal Arguments Countered
Immediately and Forcefully.
• Federalists wanted Constitution
more than Anti-Federalists wanted
to block it
• Most powerful Anti-Federalist
Argument (Bill of Rights) Adopted
by Federalists
• Federalists seized on growing
nationalism for support
Impact of The New Constitution
A New Nation Moves Forward
1) Growth in Nationalism
• Growing Pride in being “American”
• Belief in “God’s Chosen People” and “Manifest Destiny”
2) Growth of U.S. National Power
• U.S. could now raise revenue – Taxes, Tariffs, Print Money
• U.S. could now raise Army/Navy – Project Power
• U.S. now had 1 system for Domestic/International Issues
• New Government = Stability = Investment = Great Economy
• Northwest Ordinance – Provisions for growing west.
3) Loss of State Power: Power Shifts to Federal Institutions
4) Lingering and Unresolved Issues
• The Slavery Question?????
• Enumerated versus Implied Powers
• State Issues versus Federal Issues
Provisions of the Newly
Proposed Government
Article I - LEGISLATIVE BRANCH
Function
• Lawmaking Branch - Propose Bills, Pass Laws
• All Financial Responsibilities – Raising
Congress’ First Brawl - Griswold and Lyon in The House
Taxes, Printing Currency, Borrowing Money,
Allocating Spending and Budgets
• National Issues - Regulate Commerce, Build
Roads, Promote Science, Oversee Patents
Structural Guidelines
BICAMERAL LEGISLATURE
The House
The Senate
• Representation determined by Population
• Term of 2 years
• 25 years old, plus 7 years as Citizen
• Directly elected by voting population
• Each Representative has 1 vote
• Each State Given 2 Senators
• Each Senator Given 1 vote
• Term of 6 years, rotating in Thirds
• 35 years old, plus 9 years as Citizen
• Appointed by State Legislatures; No direct election
Provisions of the Newly Proposed Government
Article II - EXECUTIVE BRANCH
Function
• “Executes” (Implements) and “Enforces” the Law
• Creates Departments to Implement Law
• Commander-In-Chief of Army + Navy
• Chief Representative of U.S. in Foreign Relations
• Consists of President, Vice President, Cabinet,
and Departments
Structural Guidelines
• Must be Natural Born U.S. Citizen
• Must be at least 35 years of age
Washington’s First Inauguration – April
Federal Hall, New York
30th,
1789
• Must be Resident for 14 years
• Electoral College System by State Legislatures
FIRST SUPREME COURT
Provisions of the Newly
Proposed Government
Article III – THE JUDICIARY
Function
• Reviews Laws and Treaties for
Constitutionality
CHIEF JUSTICE
JOHN JAY
THE ASSOCIATE JUSTICES
• Handles legal disputes between States;
National legal cases and controversies;
Structural Guidelines
James Wilson
James Iredell
John Rutledge
• 1 Supreme Court
• Any Number of Inferior Courts
• Congress determines structure
William Cushing
John Blair
Constitutional Checks and Balances
On the Legislative
BY THE EXECUTIVE
• Veto Legislation
• Recommends
Legislation to Congress
• Power of Appointment
• Executive Privilege
BY THE JUDICIARY
• Judicial Review –
May Call Law
“Unconstitutional”
• Checks the Work of
Congressional
Committees
BY ITSELF
• 2 Houses must
pass legislation
• Differences in
Bills by 2 houses
adjusted by
committee
Constitutional Checks and Balances
On the Executive
BY THE LEGISLATIVE
• Power of Purse
• Overriding The Veto
• Senate Approves
Appointments: Cabinet,
Federal Justices
• Senate Approves Treaties
• Congressional Investigation
• Constitutional Amendments
• Impeachment
BY THE JUDICIARY
• Judicial Review –
May Call Law
“Unconstitutional”
• Checks the Work and
Decisions of Executive
Departments
• Injunctions and
Mandamus Writs
BY ITSELF
• Cabinet
Meetings Held
• Independent
Policy Makers
appointed
Constitutional Checks and Balances
On the Judiciary
BY THE LEGISLATIVE
• Approval of Judicial
Candidates
• Decides jurisdiction
and size of court
• Impeachment of Judges
• Constitutional Amendments
BY THE EXECUTIVE
• Appoints Judges
• Pardons and Reprieves
BY ITSELF
• Judicial Review
of Lower courts
• Reversing
Previous
Supreme Court
Decisions
The Bill of Rights
Patrick Henry – Arguing for the Bill of Rights, 1787
I
Free Speech, Press, Assembly, Religion
II
Right to Keep and Bear Arms
III
No Quartering of Soldiers without consent
IV
No searches or seizures without a warrant
V
No Self Incrimination, and Due Process
VI
VII
Speedy Trial, A Defense with Attorney
VIII
No Cruel and Unusual Punishment
IX
X
James Madison
Author of the Bill of Rights
Trial by Jury
The People have other rights, not listed here
Powers not given to U.S. are given to States
Discussion Topic 1: Slavery and The Constitution
• How might the 3/5th Compromise and Article I, Section 9 of the Constitution
create problems down the road?
• If the Slavery issue had been dealt with during the Constitutional
Convention, would the Constitution have been ratified?
• Should the Slavery issue have been dealt with immediately in The
Constitutional Convention?
Discussion Topic 2: The Federalist and Anti-Federalist Debate
Were Anti-Federalist Fears Justified, or did the overreact?
Why did the Federalists resist The Bill of Rights?
Discussion Topic 3: The Constitution and The Bill of Rights
Who is included in the Constitution? Who is excluded?
What was the impact of the Constitution on slaves? On Women? On the poor? On
those who owned no land?
Does the Bill of Rights go too far? Not far enough? What would you have
added or taken away?
Would you have ratified the Constitution? How could the Constitution have
been improved?
Class Project 1: The Federalist and Anti-Federalist Debate
Break into Groups of 5 Each. Take 15 minutes and
create a Broadside (Political Poster) which supports
1 of the following 2:
Pro-Federalism and Pro Constitution
OR
Anti-Federalism and Anti-Constitution
Your aim is to convince
people in the street about the
importance of your viewpoint