Chapter 7: Crisis & Constitution

Chapter 8: Crisis & Constitution Preview:

“For a decade after independence, American revolutionaries were less committed to creating a single national republic than to organizing 13 separate state republics, united only loosely under the Articles of Confederation. By the mid-1780s, however, the weakness of the Confederation seemed evident to many Americans. The Constitutional Convention of 1787 produced a new frame of government that was truly national in scope.”

The Highlights: 

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Republican Experiments The Temptations of Peace Republican Society From Confederation to Constitutions

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Defining Republican Culture 

Post-Revolutionary Divisions – –

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balancing individual liberty with social order balancing property rights with equality

Varying answers result in varying Revolutionary governments Revolution introduced unintended changes into American society ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Social and Political Reform       McGraw-Hill

Fundamental questions raised about the meaning of equality Changes in laws of inheritance More liberal voting qualifications Better representation for frontier settlers Separation of church and state Hierarchical social relations challenged ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Slavery and Sectionalism – 1775: African Americans were 20% of nation’s population; 90% of them lived in the South – Difficulty of squaring republican ideals with the continued presence of slavery – Most northern states began to abolish slavery – Southerners debate abolition – some privately free slaves – economic motives overcome republican ideals – Free black population grew in both the North and South – Slavery continued to exist in southern states African Americans embrace Declaration’s stress on natural rights McGraw-Hill

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The Challenge of Women's Rights    

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Women demand the natural right of equality Contribute to new society through “Republican Motherhood” Women more assertive in divorce, economic life Denied political and legal rights ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Postponing Full Liberty   

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Revolution limited in extension of rights Introduced ideal of freedom and equality Future generations would make these ideals reality

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Republican Experiments 

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The State Constitutions – Desire to curb executive power – Strengthened legislative powers The people demand written constitutions – provide clear definition of rights – describe clear limits of government – Written constitutions seen as legal codes to protect the people From Congress to Confederation – Articles of Confederation created a weak government that consisted only of a national legislature

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The States: Experiments in Republicanism 

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Revolutionary state constitutions serve as experiments in republican government Insights gleaned from state experiences later applied to constructing central government

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Blueprints for State Government   

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State constitution writers insist on preparing written documents Precedents in colonial charters, church covenants Major break with England’s unwritten constitution

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Natural Rights and the State Constitutions 

State constitutions guarantee major rights – – – –

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freedom of religion freedom of speech freedom of the press private property

Governors weakened Elected assemblies given most power

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Power to the People 

Procedure for adoption of Constitution pioneered by Massachusetts – –

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Constitution written by a special convention ratification by referendum of the people

State constitutions seen as flawed experiments Growing sentiment for stronger central government ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Articles of Confederation 

John Dickinson’s plan for central government – –

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proposed cession of West to Congress opposed proposed equality in state representation opposed

Articles of Confederation severely limit central government’s authority over states States suspicious of Articles

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Western Land: Key to the First Constitution 

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Maryland ratification of Articles delayed for Virginia’s renunciation of Western claims 1781--Virginia takes lead in ceding Western claims to Congress Other states cede claims to Congress Congress gains ownership of all land west of Appalachians

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The Temptations of Peace 

The Temptations of the West – Greatest opportunities existed in the West, but the region was beset with intense conflict

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Foreign Intrigues – Continued efforts by the British to harass American interests in the Old Northwest – Spanish designs on the Old Southwest – Indians played pivotal roles in both regions

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Disputes among the States – Tensions between “landed” and “landless” states – Dispute resolved, and the Articles of Confederation ratified in 1781

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The More Democratic West – State legislatures became more democratic as a result of population growth in the backcountry

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Western Land Claims Ceded by the States

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The Northwest Territory – Congress adopted three ordinances in the 1780s to deal with issue of westward expansion – The most important was the Northwest Ordinance of 1787, which outlawed slavery north of the Ohio River

“By limiting the spread of slavery in the northern states, Congress deepened the critical social and economic differences between North and South, evident already in the 1780s”(206).

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Northwest Ordinance: The Confederation's Major Achievement      McGraw-Hill

Creates 3-5 new territories in Northwest Population of 5,000 may elect Assembly Population of 60,000 may petition for statehood Bill of Rights provided Slavery outlawed ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Northwest Territory

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Land Ordinance of 1785

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Wartime Economic Disruption – Postwar consumption produced massive public and private debt – Reckless printing of paper money and shortage of goods sparked severe inflation – Serious conflicts over economic policy “So long as the individual states remained sovereign, the Confederation was crippled—unable to conduct foreign affairs effectively, unable to set coherent economic policy, unable to deal with discontent in the West”(208-9).

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The Nationalist Critique     

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Congress unable to address inflation, debt Congress has no power to tax Inadequate authority over interstate affairs Inadequate influence on national economy Weak foreign policy- British troops still on American soil Failure of reform prompts Nationalists to consider Articles hopelessly defective

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Diplomatic Humiliation 

The Jay-Gardoqui Treaty – John Jay to negotiate reopening Mississippi instead signs treaty favoring Northeast: – Spain closes New Orleans to American commerce in 1784 – Sectional animosity aggravated by proposed— but never ratified—treaty between the United States and Spain over shipping rights on the Mississippi River. – West and South denounce, Congress rejects Jay-Gardoqui Treaty

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The Genius of James Madison   

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Recognition by 1780s of shortcomings in small state republics Stronger central government gains support James Madison persuades Americans that large republics could be free and democratic

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Constitutional Reform 

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May 1786--Annapolis Convention agrees to meet again, write a new constitution Summer 1786--Shay’s Rebellion sparks fears of national dissolution Crisis strengthens support for new central government

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The Philadelphia Convention   

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Convenes May 1787 55 delegates from all states except Rhode Island Delegates possess wide practical experience

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Framing a Federal Constitution – May 1787: delegates from the states met in Philadelphia “for the express purpose of revising the Articles of Confederation” – James Madison became a key figure in the proposed overhaul of the government

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The Virginia and New Jersey Plans – Madison’s Virginia Plan: three-branch government; Congress could veto state legislation – Paterson’s New Jersey Plan: a weaker central government than Madison’s plan provided for – Deadlock between the plans

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Inventing a Federal Republic: The Virginia Plan    

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Central government may veto all state acts Bicameral legislature of state representatives Larger states have more representatives Chief executive appointed by Congress Small states object to large-state dominance

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Inventing a Federal Republic: The New Jersey Plan  

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Congress given greater taxing powers Each state would have one vote in a unicameral legislature Articles of Confederation otherwise untouched

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Compromise Saves the Convention The Great Compromise: -Each state given two delegates in the Senate--a victory for the small states -House of Representatives based on population--a victory for the large states  The 3/5 Compromise: -Three-fifths of the slave population counted toward representation in the House 

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Compromising with Slavery 

Issue of slavery threatens Convention’s unity – –

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Northerners tend to be opposed Southerners threaten to bolt if slavery weakened

Slave trade permitted to continue to 1808 “Great as the evil is, a dismemberment of the Union would be worse.” --James Madison

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The Last Details  

July 26—Committee of Detail formed to prepare rough draft Revisions to Executive

– Electoral College ensures president will not be indebted to Congress – executive given a veto over legislation – executive may appoint judges

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Decision that Bill of Rights unnecessary – Possibility to amend the Constitution

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We, the People    

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Convention seeks to bypass vested interests of state legislatures Power of ratification to special state conventions Constitution to go into effect on approval by nine state conventions Phrase “We the People” makes Constitution a government of the people, not the states ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Whose Constitution? Struggle for Ratification  

Supporters recognized the Constitution went beyond the Convention’s mandate Document referred to states with no recommendation – Anti-Federalists opposed to Constitution because of perceived power it gave to aristocrats and the central government – Federalists Madison, Hamilton, and Jay wrote The Federalist Papers to counter concerns; Madison also promised a Bill of Rights

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Federalists    

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Led by James Madison and Alexander Hamilton Supported the Constitution Well-organized Supported by most of the news media

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Anti-Federalists 

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Major leaders included Patrick Henry of Virginia and Governor George Clinton of New York Opposed to the Constitution Believed Constitution robbed the states of too much power Distrusted any government removed from direct control of the people Suspected the new Constitution favored the rich and powerful Demanded a Bill of Rights

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Adding the Bill of Rights   

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The fruit of Anti-Federalist activism Nationalists promise to add a bill of rights First ten amendments added by December 1791

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Bill of Rights 

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First 10 Amendments to the Constitution Major freedoms listed: speech, press, religion, right to bear arms, fair trial, search warrants, states rights ©2005 by The McGraw-Hill Companies, Inc. All Rights reserved.

Progress of Ratification    

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Succeed in winning ratification in 11 states by June 1788 North Carolina ratifies November 1789 Rhode Island ratifies May 1790 Americans close ranks behind the Constitution

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Ratification of the Constitution

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“Within the life span of a single generation, Americans had declared their independence twice. In many ways the political freedom claimed from Britain in 1776 was less remarkable than the intellectual freedom that Americans achieved by agreeing to the Constitution”(220).

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Changing Revolutionary Ideals – Americans rejected some republican beliefs by agreeing to a sovereign national government and an independent executive – Behavior shaped by interest rather than virtue – Constitutional debates would evolve into subsequent political tensions

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