Chapter 8: Crisis & Constitution

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Chapter 8: Chapter 8: Crisis & ConstitutionCrisis & ConstitutionPreview:Preview: “For a decade after independence, American “For a decade after independence, American revolutionaries were less committed to creating a single national revolutionaries were less committed to creating a single national republic than to organizing 13 separate state republics, united republic than to organizing 13 separate state republics, united only loosely under the Articles of Confederation. By the mid-only loosely under the Articles of Confederation. By the mid-1780s, however, the weakness of the Confederation seemed 1780s, however, the weakness of the Confederation seemed evident to many Americans. The Constitutional Convention of evident to many Americans. The Constitutional Convention of 1787 produced a new frame of government that was truly 1787 produced a new frame of government that was truly national in scope.”national in scope.”

The Highlights:The Highlights: Republican ExperimentsRepublican Experiments The Temptations of PeaceThe Temptations of Peace Republican SocietyRepublican Society From Confederation to ConstitutionsFrom Confederation to Constitutions

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Defining Republican Defining Republican CultureCulture Post-Revolutionary DivisionsPost-Revolutionary Divisions

– balancing individual liberty with social balancing individual liberty with social orderorder

– balancing property rights with equalitybalancing property rights with equality Varying answers result in varying Varying answers result in varying

Revolutionary governmentsRevolutionary governments Revolution introduced unintended Revolution introduced unintended

changes into American societychanges into American society

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Social and Political Social and Political ReformReform Fundamental questions raised about Fundamental questions raised about

the meaning of equalitythe meaning of equality Changes in laws of inheritanceChanges in laws of inheritance More liberal voting qualificationsMore liberal voting qualifications Better representation for frontier Better representation for frontier

settlerssettlers Separation of church and stateSeparation of church and state Hierarchical social relations Hierarchical social relations

challengedchallenged

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– 1775: African Americans were 20% of nation’s 1775: African Americans were 20% of nation’s population; 90% of them lived in the Southpopulation; 90% of them lived in the South

– Difficulty of squaring republican ideals with the Difficulty of squaring republican ideals with the continued presence of slaverycontinued presence of slavery

– Most northern states began to abolish slaveryMost northern states began to abolish slavery– Southerners debate abolitionSoutherners debate abolition– some privately free slavessome privately free slaves– economic motives overcome republican ideals economic motives overcome republican ideals – Free black population grew in both the North Free black population grew in both the North

and Southand South– Slavery continued to exist in southern states Slavery continued to exist in southern states

African Americans embrace Declaration’s African Americans embrace Declaration’s stress on natural rightsstress on natural rights

Slavery and SectionalismSlavery and Sectionalism

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The Challenge of Women's The Challenge of Women's RightsRights

Women demand the natural right Women demand the natural right of equalityof equality

Contribute to new society through Contribute to new society through “Republican Motherhood” “Republican Motherhood”

Women more assertive in divorce, Women more assertive in divorce, economic lifeeconomic life

Denied political and legal rights Denied political and legal rights

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Postponing Full LibertyPostponing Full Liberty

Revolution limited in extension of Revolution limited in extension of rightsrights

Introduced ideal of freedom and Introduced ideal of freedom and equalityequality

Future generations would make Future generations would make these ideals realitythese ideals reality

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Republican ExperimentsRepublican Experiments The State ConstitutionsThe State Constitutions

– Desire to curb executive powerDesire to curb executive power– Strengthened legislative powersStrengthened legislative powers

The people demand written constitutionsThe people demand written constitutions– provide clear definition of rightsprovide clear definition of rights– describe clear limits of governmentdescribe clear limits of government– Written constitutions seen as legal codes Written constitutions seen as legal codes

to protect the peopleto protect the people From Congress to ConfederationFrom Congress to Confederation

– Articles of Confederation created a weak Articles of Confederation created a weak government that consisted only of a government that consisted only of a national legislaturenational legislature

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The States: Experiments in Republicanism

Revolutionary state constitutions Revolutionary state constitutions serve as experiments in serve as experiments in republican governmentrepublican government

Insights gleaned from state Insights gleaned from state experiences later applied to experiences later applied to constructing central governmentconstructing central government

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Blueprints for State Government

State constitution writers insist on State constitution writers insist on preparing written documentspreparing written documents

Precedents in colonial charters, Precedents in colonial charters, church covenantschurch covenants

Major break with England’s Major break with England’s unwritten constitutionunwritten constitution

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Natural Rights and the State Constitutions State constitutions guarantee major State constitutions guarantee major

rightsrights– freedom of religionfreedom of religion– freedom of speechfreedom of speech– freedom of the pressfreedom of the press– private propertyprivate property

Governors weakenedGovernors weakened Elected assemblies given most powerElected assemblies given most power

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Power to the People

Procedure for adoption of Constitution Procedure for adoption of Constitution pioneered by Massachusetts pioneered by Massachusetts – Constitution written by a special Constitution written by a special

convention convention – ratification by referendum of the peopleratification by referendum of the people

State constitutions seen as flawed State constitutions seen as flawed experimentsexperiments

Growing sentiment for stronger Growing sentiment for stronger central governmentcentral government

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Articles of Confederation

John Dickinson’s plan for central John Dickinson’s plan for central governmentgovernment– proposed cession of West to Congress proposed cession of West to Congress

opposedopposed– proposed equality in state representation proposed equality in state representation

opposedopposed Articles of Confederation severely limit Articles of Confederation severely limit

central government’s authority over central government’s authority over statesstates

States suspicious of Articles States suspicious of Articles

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Western Land: Key to the First Constitution

Maryland ratification of Articles Maryland ratification of Articles delayed for Virginia’s renunciation delayed for Virginia’s renunciation of Western claimsof Western claims

1781--Virginia takes lead in ceding 1781--Virginia takes lead in ceding Western claims to CongressWestern claims to Congress

Other states cede claims to Other states cede claims to CongressCongress

Congress gains ownership of all Congress gains ownership of all land west of Appalachiansland west of Appalachians

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The Temptations of Peace

The Temptations of the WestThe Temptations of the West– Greatest opportunities existed in the West, Greatest opportunities existed in the West,

but the region was beset with intense but the region was beset with intense conflictconflict

Foreign IntriguesForeign Intrigues– Continued efforts by the British to harass Continued efforts by the British to harass

American interests in the Old NorthwestAmerican interests in the Old Northwest– Spanish designs on the Old SouthwestSpanish designs on the Old Southwest– Indians played pivotal roles in both regionsIndians played pivotal roles in both regions

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Disputes among the StatesDisputes among the States– Tensions between “landed” and Tensions between “landed” and

“landless” states“landless” states– Dispute resolved, and the Articles of Dispute resolved, and the Articles of

Confederation ratified in 1781Confederation ratified in 1781 The More Democratic WestThe More Democratic West

– State legislatures became more State legislatures became more democratic as a result of population democratic as a result of population growth in the backcountrygrowth in the backcountry

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Western Land Claims Ceded by the States

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The Northwest TerritoryThe Northwest Territory– Congress adopted three ordinances Congress adopted three ordinances

in the 1780s to deal with issue of in the 1780s to deal with issue of westward expansionwestward expansion

– The most important was the The most important was the Northwest Ordinance of 1787, which Northwest Ordinance of 1787, which outlawed slavery north of the Ohio outlawed slavery north of the Ohio RiverRiver

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

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Northwest Ordinance: The Confederation's Major Achievement

Creates 3-5 new territories in Creates 3-5 new territories in NorthwestNorthwest

Population of 5,000 may elect Population of 5,000 may elect AssemblyAssembly

Population of 60,000 may petition Population of 60,000 may petition for statehoodfor statehood

Bill of Rights providedBill of Rights provided Slavery outlawedSlavery outlawed

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Northwest Territory

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Land Ordinance of 1785

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– Postwar consumption produced massive Postwar consumption produced massive public and private debtpublic and private debt

– Reckless printing of paper money and Reckless printing of paper money and shortage of goods sparked severe shortage of goods sparked severe inflationinflation

– Serious conflicts over economic policySerious conflicts over economic policy

““So long as the individual states remained sovereign, the So long as the individual states remained sovereign, the Confederation was crippled—unable to conduct foreign Confederation was crippled—unable to conduct foreign

affairs effectively, unable to set coherent economic affairs effectively, unable to set coherent economic policy, unable to deal with discontent in the West”(208-policy, unable to deal with discontent in the West”(208-

9).9).

Wartime Economic Wartime Economic DisruptionDisruption

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The Nationalist Critique

Congress unable to address inflation, Congress unable to address inflation, debtdebt

Congress has no power to taxCongress has no power to tax Inadequate authority over interstate Inadequate authority over interstate

affairs affairs Inadequate influence on national Inadequate influence on national

economyeconomy Weak foreign policy- British troops still Weak foreign policy- British troops still

on American soilon American soil Failure of reform prompts Nationalists Failure of reform prompts Nationalists

to consider Articles hopelessly defectiveto consider Articles hopelessly defective

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Diplomatic Humiliation The Jay-Gardoqui TreatyThe Jay-Gardoqui Treaty

– John Jay to negotiate reopening Mississippi John Jay to negotiate reopening Mississippi instead signs treaty favoring Northeast:instead signs treaty favoring Northeast:

– Spain closes New Orleans to American Spain closes New Orleans to American commerce in 1784commerce in 1784

– Sectional animosity aggravated by Sectional animosity aggravated by proposed—but never ratified—treaty proposed—but never ratified—treaty between the United States and Spain over between the United States and Spain over shipping rights on the Mississippi River.shipping rights on the Mississippi River.

– West and South denounce, Congress West and South denounce, Congress rejects Jay-Gardoqui Treaty rejects Jay-Gardoqui Treaty

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The Genius of James Madison

Recognition by 1780s of Recognition by 1780s of shortcomings in small state shortcomings in small state republicsrepublics

Stronger central government Stronger central government gains supportgains support

James Madison persuades James Madison persuades Americans that large republics Americans that large republics could be free and democraticcould be free and democratic

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Constitutional Reform

May 1786--Annapolis Convention May 1786--Annapolis Convention agrees to meet again, write a new agrees to meet again, write a new constitutionconstitution

Summer 1786--Shay’s Rebellion Summer 1786--Shay’s Rebellion sparks fears of national sparks fears of national dissolutiondissolution

Crisis strengthens support for new Crisis strengthens support for new central governmentcentral government

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The Philadelphia Convention

Convenes May 1787 Convenes May 1787 55 delegates from all states 55 delegates from all states

except Rhode Islandexcept Rhode Island Delegates possess wide practical Delegates possess wide practical

experienceexperience

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Framing a Federal ConstitutionFraming a Federal Constitution– May 1787: delegates from the states met May 1787: delegates from the states met

in Philadelphia “for the express purpose in Philadelphia “for the express purpose of revising the Articles of Confederation”of revising the Articles of Confederation”

– James Madison became a key figure in James Madison became a key figure in the proposed overhaul of the governmentthe proposed overhaul of the government

The Virginia and New Jersey PlansThe Virginia and New Jersey Plans– Madison’s Virginia Plan: three-branch Madison’s Virginia Plan: three-branch

government; Congress could veto state government; Congress could veto state legislationlegislation

– Paterson’s New Jersey Plan: a weaker Paterson’s New Jersey Plan: a weaker central government than Madison’s plan central government than Madison’s plan provided forprovided for

– Deadlock between the plansDeadlock between the plans

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Inventing a Federal Republic: The Virginia Plan

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

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Inventing a Federal Republic: The New Jersey Plan

Congress given greater taxing powersCongress given greater taxing powers Each state would have one vote in a Each state would have one vote in a

unicameral legislatureunicameral legislature Articles of Confederation otherwise Articles of Confederation otherwise

untouched untouched

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Compromise Saves the Convention

The Great CompromiseThe Great Compromise::-Each state given two delegates in the -Each state given two delegates in the

Senate--a victory for the small states Senate--a victory for the small states -House of Representatives based on -House of Representatives based on

population--a victory for the large population--a victory for the large statesstates

The 3/5 CompromiseThe 3/5 Compromise::-Three-fifths of the slave population -Three-fifths of the slave population

counted toward representation in the counted toward representation in the HouseHouse

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Compromising with Slavery

Issue of slavery threatens Convention’s Issue of slavery threatens Convention’s unityunity– Northerners tend to be opposedNortherners tend to be opposed– Southerners threaten to bolt if slavery Southerners threaten to bolt if slavery

weakenedweakened Slave trade permitted to continue to Slave trade permitted to continue to

18081808

““Great as the evil is, a dismemberment Great as the evil is, a dismemberment of the Union would be worse.”of the Union would be worse.”

--James Madison --James Madison

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The Last Details

July 26—Committee of Detail formed to July 26—Committee of Detail formed to prepare rough draftprepare rough draft

Revisions to ExecutiveRevisions to Executive– Electoral College ensures president will not be Electoral College ensures president will not be

indebted to Congressindebted to Congress– executive given a veto over legislationexecutive given a veto over legislation– executive may appoint judgesexecutive may appoint judges

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

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We, the People

Convention seeks to bypass vested Convention seeks to bypass vested interests of state legislaturesinterests of state legislatures

Power of ratification to special Power of ratification to special state conventions state conventions

Constitution to go into effect on Constitution to go into effect on approval by nine state conventionsapproval by nine state conventions

Phrase “We the People” makes Phrase “We the People” makes Constitution a government of the Constitution a government of the people, not the statespeople, not the states

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Whose Constitution?Struggle for Ratification

Supporters recognized the Constitution Supporters recognized the Constitution went beyond the Convention’s mandatewent beyond the Convention’s mandate

Document referred to states with no Document referred to states with no recommendationrecommendation– Anti-Federalists opposed to Constitution Anti-Federalists opposed to Constitution

because of perceived power it gave to because of perceived power it gave to aristocrats and the central governmentaristocrats and the central government

– Federalists Madison, Hamilton, and Jay wrote Federalists Madison, Hamilton, and Jay wrote The Federalist Papers to counter concerns; The Federalist Papers to counter concerns; Madison also promised a Bill of RightsMadison also promised a Bill of Rights

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Federalists

Led by James Madison and Led by James Madison and Alexander Hamilton Alexander Hamilton

Supported the ConstitutionSupported the Constitution Well-organizedWell-organized Supported by most of the news Supported by most of the news

media media

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Anti-Federalists

Major leaders included Patrick Henry Major leaders included Patrick Henry of Virginia and Governor George of Virginia and Governor George Clinton of New YorkClinton of New York

Opposed to the ConstitutionOpposed to the Constitution Believed Constitution robbed the Believed Constitution robbed the

states of too much powerstates of too much power Distrusted any government removed Distrusted any government removed

from direct control of the peoplefrom direct control of the people Suspected the new Constitution Suspected the new Constitution

favored the rich and powerful favored the rich and powerful Demanded a Bill of RightsDemanded a Bill of Rights

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Adding the Bill of Rights

The fruit of Anti-Federalist The fruit of Anti-Federalist activismactivism

Nationalists promise to add a bill Nationalists promise to add a bill of rightsof rights

First ten amendments added by First ten amendments added by December 1791December 1791

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Bill of RightsBill of Rights

First 10 Amendments First 10 Amendments to the Constitutionto the Constitution

Major freedoms listed:Major freedoms listed:

speech, press, speech, press, religion, right to bear religion, right to bear arms, fair trial, search arms, fair trial, search warrants, states rightswarrants, states rights

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Progress of Ratification

Succeed in winning ratification in Succeed in winning ratification in 11 states by June 178811 states by June 1788

North Carolina ratifies November North Carolina ratifies November 17891789

Rhode Island ratifies May 1790Rhode Island ratifies May 1790 Americans close ranks behind the Americans close ranks behind the

ConstitutionConstitution

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Ratification of the Constitution

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Changing Revolutionary IdealsChanging Revolutionary Ideals– Americans rejected some republican Americans rejected some republican

beliefs by agreeing to a sovereign beliefs by agreeing to a sovereign national government and an national government and an independent executiveindependent executive

– Behavior shaped by interest rather Behavior shaped by interest rather than virtuethan virtue

– Constitutional debates would evolve Constitutional debates would evolve into subsequent political tensionsinto subsequent political tensions

“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).