Founding the Republic

What were some of the results of the Revolution?

Why did Patriots divide into Federalists and Anti-Federalists?

Describe compromises that helped establish a new federal system.

p.140-141 Winning the Peacep. 147 The Assumptions of Republicanismp. 147-148 The First State Constitutionsp. 149 The Confederationp. 160-168 Framing a New Governmentp. 154-155 Debts, Taxes and Daniel Shays

(blackboard discussion material)

Founding the RepublicI. Results of the Revolution

A. Independence – Treaty of Paris, 1783

B. Expulsion of Loyalists

C. Continued confiscation and closed courts

D. Economic problems unresolved

Founding the RepublicII. Revolution and Government

A. Representation in the state governments

B. Constitution, Bills of Rights and the Common Law

C. Articles of Confederation• central government without customs duties

revenue

Founding the Republic

A. Anti-Federalists• 1. Revolution complete (satisfied that the

goals of 1776 have been met)• 2. Keep the Articles of Confederation• 3. Continue confiscation of closed courts• 4. Protect the interests of the majority

B. Federalists• 1. Revolution incomplete (having goals for the

country beyond those of 1776)• 2. Significant revision of Articles of Confederation

or replace with a new constitution• 3. End confiscation and open the courts• 4. Protect the interests of the minority (economic,

not social)

III: Division into Federalists and Anti-Federalists

Founding the RepublicIV. Philadelphia Convention

A. Federalists outmaneuver Anti-Federalists

B. Madison and the Virginia Plan

C. Extreme and moderate Federalists

Founding the RepublicA. Great

Compromise – compromise agreed

to in the Philadelphia

Convention, part of the Constitution

B. Bill of Rights

C. Judiciary Act of 1789

• 1. Representation in Congress

• 2. Division of power, federalism (Constitution, Article 1, Section 8

• 3. Supremacy – see Constitution, Article VI, Supremacy Clause

• 1. Demanded by the Anti-Federalists who had stalled the Constitution ratification process• 2. Federalists again outmaneuver Anti-

Federalists• 3. Compromise agreed to in state

ratifying conventions; ratify the Constitution on the condition that, through Article V amendment process, a bill of rights will be added to the Constitution

• 4. Madison, 1st Congress amendments proposed, to be ratified by the states – Constitution, Bill of Rights

• 1. Federalists: appeals on federal questions of law to the Supreme Court

• 2. Anti-Federalists: “keep justice close to home”• a. Broad federal court

system• b. Use of state courts

V. Compromises

Founding the Republic

What were some of the results of the Revolution?

Why did Patriots divide into Federalists and Anti-Federalists?

Describe compromises that helped establish a new federal system.

Independence – Treaty of 1783Very favorable to the United StatesNo treaty possible until Spain and France

agreed to end hostilities against EnglandClear cut recognition of independenceCession of territory:

Southern border of Canada to northern border of (spanish) Florida; Atlantic Ocean to Mississippi River

Expulsion of Loyalists100,000 fled the countrySome fled to England (if they had the

financial means)Most went to Canada and established the

first English-speaking community in QuebecMost remained outside the country but

some did return to re-establish their lives after the anti-Tory resentment died down

Continued Confiscation and closed courtsConfiscation of Loyalist land resulted in new

opportunities for patriots to acquire land and influence“following this war, the new aristocracy will

be landowners…”

Economic problems unresolvedThose who were wealthy before the war

were wealthy after the warThose who had social and political influence

before, held the same influence after

Representation in the state governmentsAmericans agreed that state governments

would be “republican” = system in which all power comes from the people, not from a supreme authority.

“all men are created equal” meant that individual talents would be recognized, not aristocracy of their position at birthSome people would be wealthier than othersall people would have to earn their successno equality of condition but rather equality of

opportunityThis never fully came to fruition

Constitutions, bills of rights and Common LawMost basic decision of all states was that

their constitutions were to be writtenUnwritten constitutions were vague and

produce corruption (England)All agreed that the power of the Executive

must be limitedSome states limited the power of their state

governor more than othersAll states agreed that the governor would not

hold a seat in the state legislatureEnsured separation of the two branches

Constitutions, bills of rights and Common LawIn 11 of 13 state constitutions the “upper” chamber

represented the “higher orders” of society and did not embrace direct popular election

Common Law – from British practice; monarchy is rejected but other British components injected into state constitutionsHabeus Corpus – release from detention/prison when

cause cannot be given for the detentionJury trialsVarious other civil liberties

Note a certain irony here…one of the first acts of the newly independent country was to adopt the law of the foreign sovereign from whom independence had just been gained…

Articles of ConfederationA national government that has the power

to:Conduct warsEstablish foreign relationsIssue money (print money)CANNOT – tax the peopleCANNOT – regulate trade among the statesCANNOT – draft men into the regular army(see chart on specific powers of each branch)

Federalists outmaneuver Anti-FederalistsVirginia sent delegates who were very well

prepared for constructing a completely new government from Philadelphia

They had a detailed plan and used it to control the convention

Madison and the Virginia PlanEdmund Randolph proposed a national

government that consisted of a Legislative, Executive and Judicial branch

Madison’s Virginia Plan stated the Legislative branch should be made up of two housesThe lower house representation would be

based on populationThe upper house representation would be

based on an election by members of the lower houseNo system of determining a set number of

representatives in this upper houseSmall states might not have any representatives in

the upper house under this format

Extreme and Moderate FederalistsExtreme Federalists believed the Central

government should control the majority of workings within the country

Moderate Federalists felt as if the states should retain some sovereignty

Representation in CongressProposal called for a legislature of two

housesLower house representation would be

based on populationSlaves would also count as 3/5 of a free

person in determining population and taxation (Three-Fifths Compromise)

3/5 formula based on the belief that a slave was only 3/5 as productive as a free worker and thus contributed less to the wealth of the state

Upper house representation would be equal with each state having 2 representatives (New Jersey Plan)

federalismused to describe a system of the government

in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). Federalism is a system based on democratic rules and institutions in which the power to govern is shared between national and provincial/state governments

Bill of RightsOne of the very first pieces of business for

the new CongressThey immediately began “filling in the

gaps” in the Constitution thus creating what we know and refer to today as the “living constitution”Means it was designed to change with the

changing times

Bill of RightsDemanded by Anti-FederalistsTheir demand was mainly on the behalf of

small states (less representation) to protect them from Congress

Bill of Rights First Amendment – Establishment Clause, Free Exercise Clause;

freedom of speech, of the press, and of assembly; right to petition Second Amendment – Militia (United States), Sovereign state, Right to

keep and bear arms. Third Amendment – Protection from quartering of troops. Fourth Amendment – Protection from unreasonable search and

seizure. Fifth Amendment – due process, double jeopardy, self-incrimination,

eminent domain. Sixth Amendment – Trial by jury and rights of the accused;

Confrontation Clause, speedy trial, public trial, right to counsel Seventh Amendment – Civil trial by jury. Eighth Amendment – Prohibition of excessive bail and cruel and

unusual punishment. Ninth Amendment – Protection of rights not specifically enumerated in

the Constitution. Tenth Amendment – Powers of States and people.

Capital moves southCongressional meetings (first and second

continental congress and the 1st official Congress in 1789 under the Constitution) were held in New York and Philadelphia

Southerners wanted to move it closer to the southA compromise was reached (Hamilton v. Jefferson)

Federal government would agree to take on state debts incurred from the war and debt that could not be met under the Articles of Confederation

Needed southern support to do thisMoving the capital to “Foggy Bottom”, owned by

George Washington, was enough incentive for southerners to agree to compromise

Broad federal court systemCongress gave Supreme Court the power to

make the final decision in cases involving the constitutionality of state laws

Use of state courtsAct gave the federal court system power to

remove certain cases from the state court system to be tried in federal court system13 district courts, one judge each3 circuit courts of appeals, one district judge

and two supreme court judges