Topic # 8

Building a New Nation

I. Early frameworks for governing

State governments

The task of forming some type of governments began with the war
States needed to draft some type of written constitution defining the power and structure of government--did not trust unwritten constitutions such as Britain's
To draft the constitutions, the states called on conventions of their leading citizens (that supported the revolution)
Most structures similar

Strong legislature (usually two houses)
Weak governor (usually elected annually by the legislature) with few powers
independent judiciary
More people enfranchised (property qualifications lowered)
Limits on government authority--bill of rights

freedom of press, speech, and religion
fair trial and protection against general searches
consent required for taxation

First systems had serious problems

weak executive meant that action was slow, legislature had to act first
governor's power gradually increased
Many state constitutions were rewritten during the 1780s and 1790s
states found original constitutions just did not work
began to place more faith on a system of checks and balances
most power still rested in the legislatures

Articles of Confederation

In 1777 the Second Continental Congress drafted the Articles of Confederation

Created a national government consisting of a unicameral legislature
One representative from each of the 13 colonies
No executive
Designed as a league of states called the United States of America--emphasis on the states

each state remained sovereign
any powers not specifically delegated to the national government--that is, Congress--remained in the states

Powers given to national government were limited

settlement of disputes between states
regulating foreign affairs (including Indian trade)
setting value of national and state coinage--to ensure standard trade
no power to tax or raise money other than through the states
no power to enforce its decisions upon the states

Governing under the Articles

Because unanimous consent needed, Articles could not be approved until 1780--Maryland upset over the distribution of western lands
Weaknesses in the Articles became quickly apparent

Foreign relations and trade presented major problems
each state went their own ways in this area--confiscation of loyalist property was a major diplomatic problem
major problem because Britain embargoed trade between the states and Britain or its colonies in West Indies--came at a time when national economy was depressed
states also pursued their own policies regarding dealings with Native American tribes--led to a series of wars in the Northwest that were not settled until 1795

Northwest Ordinance of 1787--biggest success under the Articles of Confederation

Northwest territory--area bordered by Mississippi River, Ohio River, and Great Lakes
Prohibited slavery in the territory--even southern states agreed to this provision
Gave bill of rights--jury trial, freedom of religion, right of new states to join the Union on equal footing with older states, giving citizens in territories same rights as citizens of states
earlier Northwest ordinances had laid out how townships were to be created and provided a method of funding education in the region

Calling a convention to deal with trade policy

In 1786, representatives from five states met in Maryland to discuss problems with trade policy
Being too few in number to make any difference, they dismiss the meeting calling for a new Constitutional convention the following year in Philadelphia--asking all states to send delegates
response slow at first, until Shay's Rebellion scares the elites of the states into reacting

Shay's Rebellion

Depressed prices for agricultural products and tight credit market (creditors demanding specie) left farmers hurting

Many farmers asked for relief through issuing paper money
Most creditors (along with some other Americans) fought against the issuing of paper money
In Mass., economic situation very bad for some
conservatives had run govt. since 1780, levying heavy taxes to pay off war debt (held mainly by Boston merchants--and paid off mainly by farmers)

In 1786, after the state refused to issue paper money, people in three western counties revolted

Jan. 1787 -- 1,200 farmers and their allies, led by Daniel Shay--a war veteran--attacked the Springfield arsenal
the farmers were defeated easily

rumors of the rebellion by the poor put terror into the hearts of the "better kind of people"
Shays' Rebellion scared the elite!!!

II. The Constitutional Convention

In Feb. 1787, following Shay's Rebellion, the Confederation Congress endorsed the idea of a convention to modify the Articles of Confederation
One of the first questions to addressed (before the convention met) was the form of government
The question of republicanism

Most agreed a republican form of government was best, but question became which version of republicanism
Greek Republicanism

only republics small in size and were homogeneous in population could succeed
citizens must be willing to sacrifice their own private interests for the good of the whole
government run by a natural aristocracy, men whose rank was based on merit rather than inherited wealth or family status
even the Greeks did not believe in ability of this type to succeed

Republicanism based on self-interest

put forth by members of economic elite and skilled craftsmen
emphasized that individuals should pursue rational self-interest
by pursuing self-interest, men would improve not only their own economic and social circumstances, but those around them would also
dismissed the notion of subordinating private interests to a communal ideal

Egalitarian Republicanism

sought a government that represented all the people
felt that the elite did not usually speak or respond to the needs of the majority
wanted widespread participation in political activity

All three versions emphasized the need for people to be virtuous and work hard as individuals

The constitutional convention begins

Twelve states (all except Rhode Island) sent delegates to the convention
The 55 men mainly represented the elite of their states--men of property and wealth

included merchants, planters, lawyers, and former government officials
most had significant education--over half had attended college
Most of the men were in their middle years, the oldest was Ben Franklin at 81.

The bulk of the work performed by about a dozen men, led by James Madison

Madison prepared for the convention by reading hundreds of books on history and political science
Prepared a critique of the government under the Articles of Confederation

Opposing plans for a Constitution

Virginia Plan

most likely drafted by Madison, but presented by Gov. Edmund Randolph of Virginia
Called for a republic as form of government
Structure would consist of a bicameral legislature (one house elected by popular vote, the other by the first house), an executive elected by Congress, and a national judiciary
National government had the power to nullify any state laws

Many believed the Virginia plan gave too much power to national government
New Jersey plan basically made modifications of the existing Articles of Confederation

left representation equal among the states
gave Congress more power over trade and taxation
rejected by the delegates

Working out the Great Compromise (aka Connecticut Compromise)

representation--proportional or equal by state
who would elect each house--popular for House, state legislature for Senate
slavery

is slavery mentioned in the Constitution?
how would slaves be counted regarding proportional representation
would slavery be protected
Congress couldn't outlaw slave trade for 20 years
Congress was required to protect slavery against interference
Separation of powers

three branches--exec, leg, jud

of the three, the legislative had most power
judiciary weakest
system of checks and balances between branches

In September 1787, delegates met and approved the draft of the constitution

several voted against it
main opposition--diluted the states' powers and lacked a bill of rights
Constitution would be ratified when 9 states approved it

III. Federalists vs. Anti-Federalists (Ratifying the Constitution)

Federalists supported the constitution as written, antifederalists opposed the new document
Federalists

tended to come from among merchant and bankers, large farmers
saw a strong central government as the key to the nation's growth and prosperity
especially interested in strong interstate commerce, against paper money and protection of debtors

Antifederalists

tended to be small farmers and frontiersmen
believed the states were the best protectors of individual rights--weakening their power could lead to tyrannical power (a la Real Whigs)
had little to gain from interstate commerce, much to lose from prohibitions on paper money or stay laws

Federalists better prepared, organized, and educated
Leading Federalist movement in N.Y. were James Madison, Alexander Hamilton, and John Jay

N.Y. especially important as large state

Gov. George Clinton (not P-Funk's George Clinton) against ratification

Madison, Hamilton, and Jay published a series of essays in N.Y. newspapers between October 1787 and July 1788 under the name of "Publius"--these essays became known as The Federalist
Hamilton wrote # 6, warning of the evils of factions
Madison wrote # 10, describing how the large size of the republic worked against producing factions
Antifederalist responses were not as widely read or effective

Ratification

States began ratifying Constitution in Dec 1787
By June 1788, 9 states had ratified
Still, crucial states of Virginia and New York had not

The battle in those states proved to be close
But in end, both ratified Constitution in 1788 (Federalist Papers deemed critical)

North Carolina and Rhode Island did not ratify until the Bill of Rights had passed

IV. Who participates in new system, who doesn't

White males--must be property holders or pay taxes
Females

primary function to be good wives and mothers
seen as self-sacrificing -- charitable work okay for them
Discuss Abigail Adams' letters
role of women in society begins to undergo a significant change during this era--they begin to disappear from public view

African Americans

growth of emancipation movement in North
finally, late 1780s, northern states begin to allow emancipation (usually gradual)
even after emancipated, many not allowed to participate economically or politically
riots against free blacks took place in some cities, especially Philadelphia
free blacks began working to establish their own communities within the larger framework of where they lived

Native Americans not even considered