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US Government after the Revolutionary War
During the Constitutional Era, the Americans made two attempts to establish a workable
government based on republican principles.
Articles of Confederation
First attempt at an independent government after the Revolutionary War.
They were adopted by American political leaders at the end of the War
because they were fearful of a powerful central government like England’s
government.
It provided for a weak national government; it gave congress no power to
tax or regulate commerce among the states.
Provided for no common currency; it gave each state
one vote regardless of size and didn’t provide for an
executive or judicial branch.
Shays Rebellion in Massachusetts (1786-1787) exploited weaknesses in
the Articles of Confederation. Angry farmers rebelled at laws that taxed
and took lands. When the government could not stop the rebellion, it
motivated the founding fathers to reevaluate the Articles of
Confederation.
Adopting the Constitution
The Constitution established a government that shared powers between the
national and state governments. This is called federalism. It made federal
law the supreme law of the land, but gave the states leeway to govern
themselves. It protected the rights of the states. It provided a system of
orderly change through amendments to the Constitution.
It balanced power between large and small states by creating a Senate
(where each state gets two senators) and a House of Representatives (with
membership based on population). The establishment of the two house
(bicameral) legislature was called the Great Compromise.
The Electoral College: Method of selecting the
President. The Electoral College gives each state a
number of votes based on population. Candidates try
to win states rather than individual votes (popular
votes).
For the purpose of representation in the
House of Representatives, slaves were
counted as three-fifths of their actual
population in the South. This formula was
used for Southern representation and
taxation. This was called the Three-FifthsCompromise.
The central government was kept
in balance by having three coequal branches (legislative,
executive, and judicial) with
numerous checks and balances.
This separation of powers keeps
the federal government from
becoming too powerful. They
are all kept in check by a system
of Checks and Balances.
Under Supreme Court Justice John Marshall (from Virginia), important legal precedents
established the Supreme Court as an equal branch of the national government.
Marbury v. Madison: Set fourth the doctrine of judicial review.
McCulloch v. Maryland: Set fourth the doctrine of implied powers.
Implied powers are defined as powers in government that are not
specifically granted by the Constitution but are needed for the success of
the government.
Gibbons v. Ogden: Created a broadly national view of economic affairs.
These court cases are the foundation blocks of the Court’s authority to mediate between
branches of governments, levels of government, and competing business interests.
Key Players and Documents in Drafting The Constitution
James Madison: Known as “Father of the Constitution.” Considered to be a
brilliant political philosopher from Virginia.
He often led the debates and kept detailed notes which are the best recorded
that historians have of what happened at the Constitutional Convention.
Madison authored the “Virginia Plan,” which proposed a federal government of three separate
branches (legislative, executive, judicial) and became the foundation for the structure of the new
government. This created a system of Checks and Balances which were used to prevent tyranny
in the government.
After the Constitution was ratified (approved), James Madison authored much of
the Bill of Rights, using ideas from the Virginia Declaration of Rights and the
Virginia Statue for Religious Freedom.
The Constitution established a separation of church and state which is an idea
established by the Virginia Statute for Religious Freedom. It abolished an Established
Church, a church supported by government taxes.
George Washington: Washington was the chairman of the Constitutional Convention who
presided over the meeting, although he seldom participated into the debate. He brought great
prestige to the proceedings.
Bill of Rights: James Madison consulted the Virginia Declaration of Rights
and Virginia Statue for Religious Freedom when drafting the amendments that
became the United States Bill of Rights.
Virginia Statute for Religious Freedom: Was written by Thomas Jefferson (Right) and
outlawed government support of one favored church.
Virginia Declaration of Rights: Was written by George Mason and stated that
human rights should not be violated by governments.
The Federalist Papers: Written to support adoption of the Constitution. The
Federalist Papers were written and published during the years 1787 and 1788 in several New
York State newspapers to persuade New York voters to ratify the proposed constitution.
In total, the Federalist Papers consist of 85 essays outlining how this new
government would operate and why this type of government was the best choice for
the United States of America. They were written by James Madison, Alexander
Hamilton, and John Jay.
Federalists vs. Anti Federalists
Different people and factions (groups) argued for different views on how the Constitution
should be. Debates over it developed into political parties.
Federalists Position (Pro-ratification):
In Virginia, they were led by George Washington and James Madison and they favored a strong
national government that shared some power with the states.
They felt that a strong government could promote economic development and public
improvements. They believed that a strong national government was needed to facilitate
interstate commerce and manage foreign trade, national defense, and foreign relations.
Today, those who see a primary role for the federal government in solving national problems
are heirs to this tradition. (The Left)
Federalists argued that the checks and balances in the Constitution prevented any of the three
branches from acquiring too much power. They also argued that a republic could survive in the
U.S. because many political factions would check each other, preventing one faction from
gaining too much power.
Federalists argued that a national Bill of Rights
would be redundant because the Constitution
protected basic rights and most states already had
bills of rights that the government could not abolish.
Anti-Federalist Position (anti-ratification):
In Virginia, they were led by George Mason and
Patrick Henry and they believed a strong national
government would be destructive to individual rights.
To the Anti-Federalists, a strong national government
would concentrate too much power at the national level and
too little at the state and local levels.
Believed a national Bill of Rights was necessary and forced
the Federalists to pledge that a Bill of Rights would be the first order of business of the new
government.
Today, more conservative thinkers echo theses concerns and champion liberty, individual
initiative, and free markets. (The Right)