states reduce property-holding requirements for voting some states stop primogeniture fight for...
TRANSCRIPT
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Chapter 9The Confederation and the
Constitution
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The Pursuit of Equality
• States reduce property-holding requirements for voting
• Some states stop primogeniture• Fight for separation of church and
state begins– Congregational Church remains
legally established in New England
– Fight fiercest in VA until 1786 (VA Statute for Religious Freedom)
– Anglican Church disestablished• Challenges to slavery begin
– 1774- Continental Congress abolishes slave trade
– 1775- Quakers found first anti-slavery society
– Some farmers in VA free slaves– Revolution of sentiments
incomplete• No state south of PA abolishes
slavery• Law discriminates against all
blacks• Interracial marriage laws spring
up
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The Pursuit of Equality (Con.)
• Extension of equality to women; incomplete– Most still do traditional work– Some served in military– NJ constitution briefly allows
women to vote (1776)– Civic virtue
• Democracy depends on virtue of citizens
• “Republican mothers”– Keepers of nation’s
conscience
Abigail Adams- “Remember the Ladies”
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Constitution Making in the States
• 1776 Continental Congress called upon colonies to draw up new constitutions
– Constitutions rest on authority of people
• Massachusetts constitution can only be changed by another constitutional convention• Imitated in drafting/ratifying federal
Constitution
• State constitutions intended to represent fundamental law• Bill of Rights: guarantees liberties
of the people– Annual election of legislatures– Weak executive & judicial branches
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Economic Crosscurrents
• Economic democracy greater than political democracy
• Stimulus by non-importation agreements
– Americans make their own goods• Independence drawbacks
– Americans barred from British trade
– Worse off after war than before• Foreign markets open
– Compensated for loss of old commercial outlets
– Ships venture into Baltic and China Seas
• War creates demoralizing extravagance, speculation, and profiteering
– Inflation • Congress fails to curb economic
laws
• Dislike of taxes and disrespect for law occurs
1784-the Empress of China carries ginseng from China
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A Shaky Start Towards Union
• Difficult to set up new government– Required
experimentation and innovation
– common cause of the revolution was gone
• Hard times hit in 1786– British surpluses invade
the American market• American Industries
suffer
• Hopeful signs show– Colonies alike in
governmental structure
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Creating a Confederation
• Second Continental Congress merely convention of ambassadors from 13 states
– Each state sovereign• Articles of Confederation
– Adopted by Congress in 1777• Not ratified until 1781
– Required ratification of all 13 states
• Problems because of western land holdings
• NY, VA, and 5 other states hold land in the west
• MD holds out until March 1, 1781
• Northwest Ordinance (1787)– Public lands in the northwest
go to government
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The Articles of Confederation: America’s First Constitution
• Loose confederation– Congress in charge– No executive branch– Judicial branch left to states
• Congress hobbled– All states hold 1 vote– Bills require support of 9
states– Amendments to Articles of
Confederation require unanimous ratification
– No power to regulate commerce
– Can’t enforce taxes• Government in PA can only advise
and appeal– Can’t protect itself– Mutinous soldiers make
threatening demonstration in front of Independence Hall
• Stepping stone– Outlined general powers of
central government
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Landmarks in Land Laws
• Land Ordinance of 1785– Land of the Old Northwest
would be sold to help pay off national debt.
– Every 16th section of 36 sections was reserved for education.
• Northwest Ordinance of 1787 – Allowed admission of new
states into union when over 60,000 inhabitants.
– These new states had all of the rights and privileges as other states.
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The World’s Ugly Duckling
• Britain refuses to repeal Navigation Laws, closes trading to the U.S. (including profitable West Indies).
• Spain closes Mississippi River to American commerce in 1784.
• France demands repayment of money loaned during the Revolution, restricts trade with West Indies.
• North African pirates ravage U.S. ships in Mediterranean – United States is to weak to fight
but too poor to bribe.
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The Horrid Specter of Anarchy
• States refuse to pay taxes to “King Congress”, national debt grows.– Excessive inflation in
many of the states, “rag money”.
• Boundary disputes between states, states tax goods from other states.– Many lose their farms
through mortgage foreclosures and tax delinquencies, including veteran Daniel Shays.
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The Horrid Specter of Anarchy (cont.)
• Shays’ Rebellion (1786): – Armed uprising of western
Massachusetts debtors seeking lower taxes and an end to property foreclosures.
– Though quickly put down, the insurrection inspired fears of “mob rule” among leading Revolutionaries.
– People begin to doubt republicanism and the Articles of Confederation
– Motivates Americans to desire a stronger federal government.
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A Convention of “Demigods”
• On May 25, 1787, 55 delegates from 12 states (excluding Rhode Island) met in Philadelphia. – Called “for the sole and
express purpose of revising” the Articles.
– Sessions were held in complete secrecy.
– Important names of the convention include Hamilton, Franklin, and Madison. Washington was head of the congress.
– Absentees include Jefferson, John Adams, Paine, Sam Adams, Hancock, and Henry.
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Patriots in Philadelphia
• Delegates were mostly part of the conservative body– Most were either lawyers,
merchants, shippers, land speculators, and moneylenders
– Not a single spokesperson was present from poorer debtor group
• Desired a firm, dignified, and respected government.– Determined to preserve the
union, forestall anarchy, and ensure security of life and property against uprisings of the “mobocracy”.
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Hammering Out a Bundle of Compromises
• Virginia Plan:– Called for proportional
representation in both houses of a bicameral Congress.
– Favored larger states, prompted smaller states to come up with a different plan.
• New Jersey Plan:– Proposed equal
representation by state, regardless of population, in a unicameral legislature.
– Small states feared that the more populous states would dominate the agenda under a proportional system.
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Hammering Out a Bundle of Compromises (cont.)
• Great Compromise:– Reconciled the New Jersey and
Virginia plans at the constitutional convention, giving states proportional representation in the House and equal representation in the Senate.
– Paved the way for subsequent compromises over slavery and the Electoral College.
• Civil law: body of written law enacted through legislative statutes or constitutional provisions.– In countries where civil law
prevails, judges must apply the statutes precisely as written.
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Hammering Out a Bundle of Compromises (cont.)
• Constitution was drafted as a bundle of compromises and checks and balances.
• Introduction of an executive branch:– Led by a president who would be
military commander-in-chief, appoint domestic offices, and could veto legislation.
– The President was allowed to wage war, but Congress had the crucial right to declare war.
– Was elected by the Electoral College rather than directly by the people.
• Three-fifths compromise:– Each slave would be counted as three-
fifths of a person for the purpose of apportioning taxes and representation.
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Safeguards for Conservatism• Members of the Constitutional
Convention were in agreement about:– Economics: demanded sound
money and the protection of private property
– Politically: favored a strong gov. with 3 branches; system of checks and balances. “three-headed Monster”
– Federal Judges were to be appointed for life
– President was to be elected indirectly by an electoral college
– Senators chosen indirectly by state legislators
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Safeguards for Conservatism (Con.)
• The new charter stood on the two great principles of republicanism:
– the only legitimate government was one based on the consent of the governed
– the powers of government should be limited
• The virtue of the people was to be the ultimate guarantor of liberty, justice, and order
• May 25 1787, only forty-two of the 55 members remained to sign the constitution.
– Three of them refusing to sign left to resist ratification
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Clash of Federalists and Anti-Federalists
• Only nine states were needed to put the constitution into play.
• Federalists preferred a strong government.
• Anti-Federalist opposed to the constitution:– it was anti democratic– freedoms of the individual were
jeopardized by the absence of a bill of rights
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The Great Debate in the States
• Pennsylvania was the first large state to fall under the new Constitution
• Massachusetts was the second– at first an anti-federalist
majority– ratification of Massachusetts
was barely won, 187 to 168
• New Hampshire was the last state to fall in line
• Constitution was adopted on June 21, 1788
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The Four Laggard States
• Virginia ratified (89-79)– Could not continue as an
independent state• New York yielded to ratification
by Alexander Hamilton, James Madison and John Jay
• The Federalist– Written by Hamilton, Madison, and
Jay– Series of articles used as
propaganda– Approved 32 amendments
• Attempts at ratifying North Carolina and Rhode Island failed– The eventually ratified because they
could not safely exist outside the fold
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A Conservative Triumph
• Minority of conservatives overthrew Articles of Confederation
• Constitution embedded with – self rule in a system of checks
and balances among the three branches of government.
• The Constitution reconciled the potentially conflicting principles of liberty and order
• Conservatives and Radicals have championed the heritage of republican revolution For more in-depth picture click here