The Forming of the Constitution

I. ARTICLES OF CONFEDERATION

During the War, the Second Continental Congress was little more than a collection of ambassadors from the 13 states -- totally without constitutional authority and in general did only what it would dare to do, though it asserted some control over foreign policy and military affairs.

Before declaring independence in 1776, the Congress appointed a committee to draft a written Constitution for the new nation – the Articles of Confederation were adopted by Congress in 1777, translated into French after the battle of Saratoga so as to convince the French that America had a genuine government in the making.

Articles were not ratified by all 13 states until 1781

WHY?

The problem was western lands. Six on the jealous states including Pennsylvania and Maryland had no holdings beyond the Allegheny Mountains. Seven notably New York and Virginia were favored with enormous acreage, in most cases on the basis of earlier charter grants

ANSWER Fertile public lands were transferred to the central government thus appeasing the land starved states -- helped to strengthen union

Articles of Confederation = Articles of Confusion

“firm league of friendship” 13 states linked together for joint action in dealing with common problems, such as foreign affairs

There was no executive branch but each state held power over its own state thus it could be thought of as a plural executive. – Judicial was left up to the states – very clumsy

Each state has a single vote, so 68,000 Rhode Islanders had the same vote as 10 times as many Virginians

All bills required the support of 9 states

Why was it crippled?

Any amendment required unanimous ratification -- impossible usually No power to regulate commerce – left states free to establish different laws regarding tariffs and navigation

Could not enforce tax collection program from 13 states “government by supplication” – voluntary

Though weak, the Articles were a landmark in government – showed what a loose confederation ought to be – T.J says best one “existing or that ever has existed”

Significant stepping stone

Clearly outlined powers of central government – power to make treaties and establishing postal service

II. Land Laws

Concerned land that was ceded by the states west of the Ohio River, south of the Great Lakes, east of the Mississippi

Land Ordinance of 1785 – acreage of what they called the Old Northwest should be sold and proceeds should go to pay off national debt – to be surveyed to stave off confusion – divided into townships six miles square the sixteenth section of each township was set aside to sold for the benefit of the public schools – contrasted situation south of the Ohio where there was uncertain ownership and fraud was the norm

Northwest Ordinance of 1787 – governing of the Old Northwest—came to grips with the question: how should a nation deal with its colonies

Temporary tutelage—then permanent equality 2 evolutionary territorial stages, during which the area would be subordinate to the federal government 60,000 inhabitants= statehood with privileges of first 13 – also forbade slavery in the Old Northwest

If not for Northwest Ordinance = 2nd American Revolution?

III. The Need for a Strong Constitution

Foreign relations: troubled especially with Britiain

Britain: refused to make a commercial treaty or send a minister or repeal its ancient Navigation Laws – officially shut off trade from the West Indies – thought the Yankees illegally partook – British agents active along Northern border – sought to annex Vermont treading posts on U.S soil – kept good relations with the Indians – maddened patriotic Americans but nothing could be done to regulate commerce, states refused to adopt uniform tariff policy – some easy states dropped their tariffs in order to attract unfair share of the trade

Spain: openly unfriendly to new republic – controlled the mouth of the all-important Mississppi – in 1784, closes the river to American commerce, threatening the West with strangulation. Also schemed with Indians over the diputed territory it claimed northe of the Gulf of Mexico Indians antagonized by the rapacious land policies of Georgia and North Carolina

Britain and Spain effectively prevented America from exercising control over about half of its total territory

France: demanded repayment of money loaned during the war and restricted trade with West Indies Pirates: attacked American sailors who no longer enjoyed British protection

John Jay: secretary of foreign affirs hoped these humiliations would drive America to form a more respected government.

Economy: states refused to pay anything to requisition system of raising money – “King Congress” n—interest on public debt was piling up at home, nation’s credit was evaporating abroad – individual states were getting out of hand. Quarrels over boundaries – pitched battles – levying duties on goods from their neighbors New york taxed firewood from Conn and cabbages fromNew Jersey

Shays’s Rebellion 1786: poor back country farmers in Western Mass many of them Rev War vets were losing their farms through mortgage foreclosure and tax delinquency demanded cheap paer money, lighter taxes, and a suspension of property takeovers – Mass authorities raise a small army againsts the Shaysites – rebelloion crushed but raised the specter of mobocracy— insatiable appetite for liberty becoming license – some panicky citizens wanted to import a monarchy

How critical were conditions under the Confederation? Rich conservatives – anxious to safeguard wealth feel need for strong gov – poorer state’s rights people poohpohhed the talk of anarchy—many were debtors and feared having to pay their creditors.

IV. The Constitution

The picture was actually brightening before the Constitution was drafted – prosperity was beginning to emerge- oversees shipping had largely regained its place in the world – if conditions had been as grim as 1787, the new constitution would hardly have encountered such opposition

MAIN ISSUE: control of commerceintersteate squabbling ledeads to a convention at Annapolis, but only 5 delegates showed up (out of 9)- Alexander Hamilton saves the convention by calling for a new Convention to be held inPhilly not just to deal with commerce alone, but to bolster the entire fabric of the Confederation

Every state chose representatives except for independent Rhode Island – appointed by state legislatures whose members had been elected by property owners – brought together a select group of propertied men

55 emissaries from twelve states finally convened in Philadelphia on May 25, 1787 – small room – intimate compromise. Sessions held in secrecy with armed sentinels— convention of demigods. George Washington, elected chairman – George kept everyone in line – Franklin assigned a chaperone away from the convention because he was indiscreetly talkative – James Madison profound student of government “Father of the Constitution” Alexander Hamilton – advocate of super-powerful central government – 5 hour speech left only one person convinced…himself. Jefferson, Adams, Paine not there – in Europe Sam Adams and Hancock not elected – Patrick Henry “smelled a rat”

55 delegates: conservative, well-to-do: lawyers merchants, shippers, land speculators, and money lenders – 19 owned slaves – interested in strengthening the young republic than in further stirring the roiling cauldron of popular democracy

Lord Sheffield and Dey of Algiers could be considered founding fathers

Sought to form a government that could control tariffs and form commercial treaties – protect against mobocracy – curb unrestrained democracy

Virginia Plan – “large state plan” was first pushed forward as the framework of the Constitution – bicameral congress -- -- give large states advantage representation by population

New Jersey Plan – “small state plan”” equal representation in a unicameral Congress, by states, regardless of size and population, as under the existing Articles of Confederation

Great Compromise – cooler temperatures larger states were conceded representation by population in the House of Representatives and the smaller states were appeased by equal representation in the senate – each state would have two senators

Strong independent executive inspired by success of Mass governor’s suppressing of Shay’s rebellion

Executive: military commander in chief ability to appoint domestic offices – including judgeships – also could veto legislation

Compromises: Electoral College -- president elected indirectly by electoral college Large states have advantage in 1st round of popular voting, as a state’s share of electors was based on the total number of its senators and representatives in Congress, the small states would gain a larger voice if no candidate got a majority of the electoral votes and the election was thrown to the House of Representatives where each state had only one vote—they thought this would happen frequently

Sectional jealousy – should slaves count for direct taxation and according representation in the House of Representatives? 3/5 Compromise – Georgia and South Carolina want to continue the Slave Trade, Congress allows until 1807