Page 8 States are very nervous about creating too strong of a central government STATE GOVTS -Each wrote a Constitution -Guaranteed certain rights speech, religion, press ex.- Virginia Statute of Religious Freedom -Representative governments with weak executives -Limited democracy ---- most states limited voting to property owners British settlers in North America had founded not one colony but many, each with its own governor, council, and colonial assembly. This system of distinct, self-governing colonies encouraged people to think of the colony as the primary unit. Because of this, most peoples allegiance was to the colony in which they lived. The Revolutionary War gave the colonies a common goal, but as these colonies became states, they remained reluctant to unite under a strong central government. The challenge was to develop a system of government that balanced the interests of several states with those of the nation. -Revolutionary War Land destroyed; money was low because of war debts -Strength of the British military Afraid the British might regroup and retaliate against them -weakness of the colonial militias Many men died in Revolution and military supplies were very low Need for Cooperation Congress proposed a new type of government in a set of laws called the Articles of Confederationone in which two levels of government shared fundamental powers. State governments were supreme in some matters, while the national government was supreme in other matters. The delegates called this new form of government a confederation. ARTICLES Created National government for all 13 states, but not strong -unicameral Congress -1 vote per state - larger states want more votes -very limited powers - to central government -distrust of govt - wanted merely a League of Friendship WESTERN LANDS -how to settle new lands? -ownership of land -landed ceded to the union for all -Land Ordinance, 1785 divided land into sections for settlement/territories -N.W. Ordinance, 1787 defines statehood and banned slavery in NW territories The ratification of the Articles of Confederation in 1781 awaited settlement of the western claims of eight states. Vermont, claimed by New Hampshire and New York, was not made a state until 1791, after disputes were settled the previous year. The territory north of the Ohio River was claimed in whole or in part by Virginia, New York, Connecticut, and Massachusetts. All of them had ceded their claims by 1786, except for Connecticut, which had claimed an area just south of Lake Erie, known as the Western Reserve; Connecticut ceded this land in The territory south of the Ohio was claimed by Virginia, North Carolina, South Carolina, and Georgia; in 1802, the latter became the last state to cede its claims. In the Northwest Ordinance of 1787, Congress provided a procedure for dividing the land into territories. The Northwest Ordinance also set requirements for the admission of new states, which however, seemed to overlook Native American land claims. There were three basic stages for becoming a state: 1.Congress would appoint a territorial governor and judges. 2.When a territory had 5,000 voting residents (usually white male property owners), the settlers could write a temporary constitution and elect their own government. 3.When the total population of a territory reached 60,000 free inhabitants, the settlers could write a state constitution, which had to be approved by Congress before it granted statehood. The Land Ordinance of 1785 and the Northwest Ordinance of 1787 became the Confederations greatest achievements. STATE CONFLICTS -Weak national govt -No real authority -Different currencies - Could not exchange easily between colonies -trade barriers -border disputes - Disagreed on who controlled land -war debts -Who should pay? Should they pay? The Continental Congress printed currency to finance the Revolution. Because of widespread counterfeiting, engravers attempted to incorporate complex designs, like the unique vein structure in the leaf on this eighteen-pence note. In case that wasnt enough, the engraver of this note also included the warning: "To counterfeit is Death." WEAKNESSES OF THE ARTICLES -Could not tax -Had to ask states for funds and all were poor -Hard to enforce laws -Could not regulate trade - Within US and with other nations -No executive - No real leader of nation No court system CALL FOR REFORM -state problems - Paper money worthless; people and government broke -debt and high taxes -Shays Rebellion -When Massachusetts farmers revolted over high state taxes and caused people to realize the weakness of the government -Shays Rebellion exposed weakness -States call for reform Daniel Shays was angry. A veteran of the Revolutionary War battles at Bunker Hill and Saratoga, he had returned to his farm in western Massachusetts. Because of the heavy debt that he carried, however, he faced debtors prison. Shays felt that he was the victim of too much taxation. During the summer and fall of 1786, farmers like Shays kept demanding that the courts be closed so they would not lose their farms to creditors. Their discontent boiled into mob action when Shays led an army of 1200 farmers to close the courts. State officials called out the militia; four were killed and the rest scattered. Clearly, though, something was wrong. Let our government be like that of the solar system. Let the general government be like the sun and the states the planets, repelled yet attracted, and the whole moving regularly and harmoniously in their several orbits. ~John Dickinson~ CONVENTION -May 1787 Philadelphia Constitutional Convention met in Independence Hall in Philadelphia George Washington is leader -12 of 13 states Rhode Island absent Feared a strong central government -55 Delegates Many leaders missing because were in other countries or were afraid of too big a government In May 1787, delegates from all the states except Rhode Island gathered at the Philadelphia State Housein the same room in which the Declaration of Independence had been signed 11 years earlier. Most of the 55 delegates were lawyers, merchants, or planters. Most were rich, well-educated men in their thirties and forties. They included some of the most influential leaders at the time, such as Ben Franklin, Alexander Hamilton, and George Washington. George Washington was elected presiding officer by a unanimous vote. DECISIONS MADE -rewrite government Convention was meant to revise articles Threw them away, started over -1 vote per state -keep meeting a secret Wanted to speak freely without public influence -majority rules Delegates divided on where power should come from - people or states? In spite of the sweltering heat, the windows were tightly sealed to prevent outsiders from eavesdropping on the discussions. The delegates wanted to feel free to speak their minds without causing alarm or opposition among the general public. They agreed to keep whatever was said in the meeting room a secret until their work was done. ISSUES AT DEBATE -representation Should representation be equal or based on population? large states Have more people, want rep. to be based on population small states Have less people, want equal rep. from each state -slavery Should the U.S. keep it? Do slaves count in population? -economics Can the government tax? How to pay off debts Key Issue: Should states with more people have more representatives, or should every state be represented equally? What about slaves? Do they count? PLANS PROPOSED -Virginia Plan -James Madison - Father of the Constitution -3 branches (strong national government) -bicameral Congress (2 houses) -population based Number of lawmakers to Congress depends on states population - favors LARGE states James Madison is known as the Father of the Constitution not only for his proposal of the Virginia Plan, but also for his actions during the convention. He addressed the convention more than 200 times, and when he was not speaking, he took notes. Sitting near the front of the room so that he could hear everything that was said, Madison wrote down nearly every word. From this record, we know what happened at the convention every day. New Jersey Plan -small state plan 3 branches, 1 house Congress -equal voting Keep small states from being taken over by large states -group executive -promoted states rights William Paterson proposed the New Jersey Plan, which promoted states rights for the small states. COMPROMISES -Great Compromise Roger Sherman (Conn.) -Agreement made at the Convention of 1787 that created a two house legislature with one house based on population and the other based on state equality - House To represent people, representation based on population -Senate To represent state; equal representation (2 people now) Roger Sherman proposed the Great Compromise, which became our U.S. Constitution COMPROMISES -3/5 Compromise -Agreement made at the convention of 1787 that slaves would count as 3/5 a person for the census to determine the population of each state 3 of every 5 slaves count -Slave Trade Compromise -Agreement at the convention of 1787 that Congress would not tax exports and slave trading could be banned in 20 years Representation based on population raised the question of whether slaves should be counted as people. Southern delegates, whose states had many slaves, wanted slaves included in the population count that determined the number of representatives in the House. Northern delegates, whose states had few slaves, disagreed. Not counting Southern slaves would give the Northern states more representatives. The delegates finally agreed to the Three-Fifths Compromise. This settled the political issue, but not the economic issue of slavery. Slaveholders, especially in the South, worried that if Congress were given power to regulate foreign trade, it might do away with the slave trade. To resolve this issue, the convention gave Congress the power to regulate trade but prevented it from interfering with the slave trade for 20 years. NEW GOVT -much stronger than Articles of Confederation -power to tax Congress and states -regulate trade Congress controls interstate trade -strong executive Called a President 1 term = 4 years -needed 9 of 13 to ratify Pass/approve September 17, 1787, delegates at the Constitutional Convention declared the new constitution complete. Now it would be sent to the states for ratification. RATIFICATION -Federalists -Political group who supported the passage of the new Constitution and its stronger government -Anti-Federalist -Political group who opposed the new Constitution and thought it lacked a specific list of peoples rights Wanted to protect the people against federal government The framers set up a procedure for ratification that called for each state to hold a special convention. The voters would elect delegates to the convention, who would then vote to accept or reject the Constitution. Those in favor called themselves Federalists. Those opposed called themselves Anti-Federalists. Theydivided the powers, that each might be a check upon the otherand I presume that every reasonable man will agree to it. ~Federalist Alexander Hamilton You are not to inquire how your trade may be increased, nor how you are to become a great and powerful people, but how your liberties can be secured ~Anti-Federalist Patrick Henry RATIFICATION -Federalist Papers support the new government Convince Americans to adopt the new Constitution -written by Hamilton, Madison, and Jay -Bill of Rights promised Rights of the people Bill of Rights won the states needed for ratification Both sides waged a war of words in the public debate over ratification. The Federalist, a series of 85 essays defending the Constitution, appeared in New York newspapers between 1787 and The Federalist provided an explanation of Constitutional provisions, such as the separation of powers and limits on the power of majorities, that remain important today.