Wednesday, September 28 th Midterm #1: Monday, Sept. 26 th to Thursday, Sept. 29 th Wednesday ($5 late fee) Thursday ($7 late fee) Must have test in hand by 11 am Exam in Testing Center. Be sure to go with enough time before Testing Center closes. Note: It is your responsibility to find out when the testing center closes, and how long lines are running, so that you can avoid getting cut short on the time you need to finish your exam. The Review Room will be closed during test week Film #1: A More Perfect Union Monday, October 3rd at 5:00 pm & Tuesday, October 4 th at 7:30 p.m. in B037 JFSB Draft of Essay #1 due Wednesday, October 12 th, See handout and online. NO CLASS on Monday, October 3 rd (Constitutional Conventional Activity Preparation) Do READINGS!
The Confederation Era Moving Toward a New Government The need for a new government. Two key questions. State governments and their problems. The Confederation and its problems. Two reinforcing efforts to secure liberty: The Massachusetts model Movement toward a national convention.
Need for new government The Declaration of Independence eliminated existing government: We therefore declare that these United Colonies are, and of Right ought to be, Free and Independent States. In 1776, the Continental Congress directed the people to form two types of governments States advised to create new governments. Committee to draft Articles of Confederation.
Challenges of Governance They re everywhere: home, class, BYU apartment, work, community, nation, world
Two Key Questions How can we form a government by the people that preserves liberty? The republican problem. How should the states and national government relate to each other?
Two Key Questions Prevailing beliefs People have enough virtue to sustain selfgovernment. The executive branch should be weak. A collection of small states is better than one large state. People can keep an eye on their representatives. Thus, states, not nation, have sovereignty.
State Governments
State Governments 13 experiments 11 states adopted new constitutions by 1784: seven in 1776; two more in 1777. Republics Weak executives Bicameral legislatures
State Governments Weaknesses Legislatures became too powerful. Dominated executive. Too much control over the judiciary. No checks on legislatures: majority tyranny. States imposed trade restrictions on other states. Did distinguish between constitutional law and normal legislation
Adams and State Governments He was Aristotelian: Cannot rely on virtue alone; need right structure. Thoughts on Government: Bicameral legislature Each house elected on different grounds: one democratic, one aristocratic Independent judiciary. Strong executive: a dash of monarchy.
Adams and State Governments Overriding concern was to keep legislature in check and preserve rule of law. 1780, Massachusetts legislature adopted almost all of Adams proposals: Worked very well Other states followed suit. Heavily influenced US Constitution.
The Confederation
The Confederation Forming a Confederation Confederation: a defensive alliance among sovereign equals. Committee appointed by Congress, headed by John Dickinson. Congress approved Articles in 1777. Ratified March 1781. Officially created United States of America.
Accomplishments under The Articles of Confederation Won the war (?) Northwest Ordinance (1787)
Problems in the Confederation Era
The Confederation and Its Problems Too much disarray. Tyrannical British rule replaced with threat of anarchy. The Human Predicament still stared them in the face.
Limits of the Confederation Congress (that vagabond, strolling, contemptible crew ) had very limited power to: Tax Negotiate, tax trade (tariffs) Stop state disputes Defend against enemies (Spain, Britain)
The Confederation and Its Problems Problems No power to tax. No judiciary to resolve disputes. Separate state militias. No common rules for trade. No central power to conduct diplomacy. All states had equal representation. Articles could not be changed without unanimity.
The Republican Problem How can a nation create self-government that preserves liberty? Plato: virtue is key. Aristotle: structure more important than virtue. Colonies appeared to suffer from both lack of virtue and improper structure.
Two Reinforcing Efforts To Solve the Republican Problem Strengthen state governments: John Adams. Strengthen the Confederation: the Nationalists.
Nationalists and the Confederation Argued for stronger American union. Believed it would enhance rule of law and freedom and expand opportunities. Also believed that strong national government would better reflect virtue. Shay s rebellion greatly increased support for a stronger government. February 21, 1787: Continental Congress called for convention to revise the Articles of Confederation.
From Crisis to Constitution
Convention hoped to rescue America s experiment from factions (Federalist #10)
Clip: Shay s Rebellion
Shays s Rebellion, 1786 demands: paper money... tax relief... moratorium on debts prevented the collection of debts went to Springfield
The Road to the Constitution Annapolis Convention (1786) 12 men from 5 states Shays Rebellion winter 1786-1787, etc. Showed national government s helplessness against domestic disorder Philadelphia Convention, May-September 1787 55 delegates from 12 states
George Washington to James Madison, 11/5/1786 "Let us look to our National character, and to things beyond the present period. No Morn ever dawned more favourable than ours did-and no day was ever more clouded than the present! Wisdom, & good examples are necessary at this time to rescue the political machine from the impending storm."
Jefferson to Madison, 1/30/1787 I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on the rights of the people which have produced them. An observation of this truth should render honest republican governors so mild in their punishment of rebellions as not to discourage them too much. It is a medicine necessary for the sound health of government.
Jefferson to William Smith, 1787 The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure.
Samuel Adams on Shays "Rebellion against a king may be pardoned or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death."
George to James, again What stronger evidence can be given of the want of energy in our governments than these disorders? If there exists not a power to check them, what security has a man for life, liberty, or property? To you, I am sure I need not add aught on this subject, the consequences of a lax, or inefficient government, are too obvious to be dwelt on. Thirteen Sovereignties pulling against each other, and all tugging at the federal head will soon bring ruin on the whole; whereas a liberal, and energetic Constitution, well guarded and closely watched, to prevent encroachments, might restore us to that degree of respectability and consequence, to which we had a fair claim, and the brightest prospect of attaining.
On February 21, 1787, the Continental Congress resolved that:...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation...
From Revolution to Constitution We base big decisions on recent experience, e.g., the UN, Cambodia, Rwanda The Declaration of Independence was an antigovernment document The Constitution was a pro-government document. The Declaration represented fear of government, while Constitution represented faith in government. That dichotomy, like so many other paradoxes that characterize us, persists today.
Advocates of Centralization manufacturers merchants and shippers land speculators creditors investors in Confederate securities
Tripping toward Philadelphia failure at Annapolis convention was to revise the Articles of Confederation
Assembly of Demi-gods well-read well-fed well-bred well-wed
Typical Framer Well to do planter, lawyer, merchant Served in Congress/state legislature Some college education Nominal Protestant About 42 years old
The Constitutional Convention Delegates and Key Players Key Issues and Compromises Representation and Sovereignty: The Great Compromise The Executive Slavery
iclicker: Which of the following did not attend the Constitutional Convention? A. Washington and Jefferson B. Jefferson and Adams C. Adams and Hamilton D. Hamilton and Washington E. Jefferson and Hamilton
55 Delegates Experienced in government Landholders Lawyers, Farmers, Slave Owners Possessed Plato s four virtues: Courageous, wise, temperate, just 21 had fought in the War. All had risked their lives for independence. Among the most learned in the New World. America s best and brightest.
James Madison 36 Virginia delegate Educated at Princeton Author of the Virginia plan Wrote daily notes on the Convention Key author of the Federalist Papers supporting ratification Developed the large republic argument Short
William Paterson 42 Born in Ireland Educated at Princeton Lawyer Advocated the rights of the small states through the New Jersey plan Later a governor, senator, and supreme court justice
Roger Sherman 64 Delegate from Connecticut Came from a poor background and had little education Merchant and self-taught lawyer Member of the Continental Congress who helped draft the Declaration of Independence and the Articles of Confederation Leader of the Great Compromise Later a congressman and senator
James Wilson 45 Delegate from Pennsylvania Born and educated in Scotland Lawyer Active in Pennsylvania politics, which became quite chaotic in the Confederation period Advocated a strong executive Later a supreme court justice
John Rutledge 47 Delegate from South Carolina Educated at home and in London Lawyer Governor of S. C. during the Revolution; lost his property. Defended Southern interests (slavery) at the Convention Nominated as Chief Justice by Washington, but rejected by Senate
Gouverneur Morris 32 Delegate from Pennsylvania Born to an aristocratic family in New York many of whom were Tories Attended Columbia Lawyer Principal draftsman of the Constitution Concerned about anarchy and too much democracy
George Mason 62 Plantation owner Member of Virginia s legislature and the Continental Congress Author of Virginia s Declaration of Rights Very active in the Convention Did not sign the Constitution, primarily because of the absence of a bill of rights
Benjamin Franklin 81 Pennsylvania Self-taught printer and publisher Member of the Continental Congress Led negotiation of the treaty ending the war The most famous American
George Washington 55 Virginia Planter and Surveyor Military experience in French & Indian War Member of Continental Congress Appointed General of the Continental Army Presided over the convention and signaled his support for the Constitution. First President Emancipated his slaves