Revolution to New Nation
Committee appointed to draft this constitution before the Declaration of Independence Adopted by Congress 1777 Finally ratified by all 13 states in 1781 Conflict between land-rich and land-hungry states Agreement to turn western lands to common cause ; provision to create new republican states, NOT colonies Articles of Confederation
No executive branch Judicial branch in state governments only Each state had equal votes in Congress, regardless of population Amendment by unanimous vote only Congress could not regulate commerce; states had conflicting laws and were printing their own money No means of enforcing tax collection (or many other things) Articles of Confederation- -Weaknesses
Congress could make and enforce treaties Congress could establish a postal service Effectively held states together from Continental Congress to Constitution Land Ordinance of 1785, Northwest Ordinance of 1787 provided a process for admitting new states Articles of Confederation- -Strengths
Country is growing Conflict: Shays Rebellion (poor western farmers in MA, protesting taxes) Domestic Issues/Circumstances
Constitution Constitutional Convention: May-September 1787 Secret proceedings 55 delegates, 12 states (not Rhode Island) Conservative, wealthy, educated Goal: Preserve and strengthen new nation; ensure security (foreign and domestic) Articles of Confederation required unanimous ratification to be amended. Therefore, framers stipulated creation of new document, not amendment. When 9 states ratified, Constitution became supreme law in those states.
Stronger government than that provided by Articles Three branches, checks and balances Opposition to universal manhood suffrage Popular sovereignty Limited government Constitution--Agreement
Virginia Plan vs. New Jersey Plan Great Compromise (Connecticut Plan) Direct election of President Electoral College; if tie, decision by House of Representatives Should slaves be counted in population? 3/5 Compromise Abolition of slave trade Postponed to 1807 Constitution--Controversies
Debate between federalists (Washington, Franklin, Madison, Hamilton wealthy, educated, organized) vs. anti-federalists (Samuel Adams, R.H. Lee, Patrick Henry poorer classes, debtors) Federalist Papers (see # 10): Extensive Republic Constitution--Ratification
Opposed ratification (Patrick Henry, Thomas Jefferson) Gov t will be too big Population too large for everyone s interests to be represented Too diverse--u.s. has different climates, economic interests Republics should be composed of people with similar interests, beliefs When republics expand, they become tyrannical Impossible to protect the public good if the community is too large Ratification--Antifederalists
Favored Ratification (Hamilton, Madison, John Jay) Federalist Papers Factions political group; small or large group of citizens who share ideas, adverse to the rights of other citizens or to the interests of the community Republic vs. Democracy Democracy requires smaller, more exclusive group in order to function. Republic allows representation of everyone Extensive Republic larger population allows broader range of ideas Ratification: Federalists
Antifederalists It is better to have 13 small republics; the US is too big to function as one republic; the government will become tyrannical Federalists Only a strong central government can prevent the development of factions and protect the interest of the community as a whole Bill of Rights=compromise: it protected individuals from tyranny by the government Summary
Bill of Rights demanded by antifederalists; promised by federalists Four states (VA, NY, NC, RI) realized they could not stand alone outside the new United States Liberty vs. Order OR Liberty plus Order Constitution--Ratification
America 1750
Maps 1754-1763
U.S. 1800
International Issues/Circumstances No longer able to depend on British products, so US must increase domestic production Spain closed access to Mississippi River (1784) Britain still enforcing Navigation Laws until Jay s Treaty (1794) French Revolution (1789-99), opposed by federalists; antifederalists were sympathetic Washington issued Neutrality Proclamation (1793), which kept US out of conflict between France and Britain (supported by Federalists)
I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands. Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation. Abigail Adams to John Adams, 1776
Women could not vote in national elections; could vote in some states for a little while Women could not own land unless inherited, but then it transferred to husband More equality in marriage than earlier, but still husbands had far more power Abigail Adams republican motherhood Fewer children Greater responsibility for welfare of family and education of children Preserving virtue Social Outcomes--Women
Slaves not given citizenship Slaves considered 3/5 person for census purposes No individual rights Social Outcomes-- Minorities
Bill of Rights 9 th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Protects individual rights not specifically listed in the first eight amendments Ex., right to privacy (Griswold v. Connecticut, 1965) 10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people Powers not given to federal government belong to states; reinforced what was already in the Constitution Requires fair construction of entire Constitution, according to John Marshall From Marshall s death in 1835 until 1937, states used it to (improperly) limit powers that had been expressly given to Congress What the Constitution doesn t say
The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together; the independence and liberty you possess are the work of joint counsels, and joint efforts of common dangers, sufferings, and successes. But these considerations, however powerfully they address themselves to your sensibility, are greatly outweighed by those which apply more immediately to your interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. Washington s Farewell Address
Set precedent of no more than two terms for executive Urged patriotism loyalty to country above region or faction (including political parties) Urged avoidance of international entanglements Washington s Farewell Address (1796)
Political Parties crystallized by 1796: Federalists: Washington, Hamilton, Jay Merchants, creditors, Tidewater slaveholders Democratic-Republicans: Jefferson, Madison Tobacco/rice producers, western farmers, small farmers Factions
XYZ Affair Federalists pro-british/anti-french? Attempted bribery of American diplomats by French Congress cut off trade with France, authorized privateering Naturalization, Alien and Sedition Acts Lengthened residency requirements for citizenship Authorized deportation of foreigners Prohibited publication of insults or malicious attacks on President or members of Congress Virginia and Kentucky Resolutions Urged by Jefferson, Madison written by state legislatures Response to Alien and Sedition Acts States have a right to judge the legitimacy of national laws and interpret the Constitution Party Conflicts
Attack Ads 1800
Presidential election Jefferson (Democratic-Republican) vs. John Adams (Federalist) Aaron Burr (D-R) Jefferson s running mate Tie vote in electoral college (Jefferson-73, Burr-73, Adams-65) House of Representatives decides 35 rounds of voting Alexander Hamilton finally convinced Federalists to choose Jefferson over Burr Bloodless transfer of power in bitterly partisan election Revolution of 1800