Download Articles of Confederation and Constitution

Objective: Understand the basic structure of the 1st
National Government of the United States
Continental Congress had the task of of establishing a
System of Government which would meet the needs of a
People and serve the states as a whole.
During the war each state governed itself independently
of each other.
Under the Articles of Confederation a unicameral (one
House) legislative branch or lawmaking body was
established.
1. Representation: should representation in the legislative
branch be based on population, or should each state receive
equal representation regardless of size?
Large States- favored representation based on population.
Because they represented more people they should have a
greater say on issues.
Small States- felt their opinions were as valid as the large
States and wanted equal representation.
Outcome: Representation would be based on equality,
giving 1 vote to each state regardless of size.
2. Supreme or Sovereign Power: can supreme power be
Divided? If so where should the majority of power be held,
at the State or National level? Can a National Government
be effective without supreme power.
Many delegates feared a strong National government, States
wanted to control laws that would suit each state best.
Result: power was divided between State and National
Governments, with supreme power belonging to the States.
This created a weak National Government with 13
Independent States as opposed to 13 United States.
3. Western land claims: who has the right to land between the
Appalachian Mountains and the Mississippi river?
Half the States had land claims while the other half did not.
Some States would benefit (raw materials, population growth,
revenue).
Most difficult issue to solve, the states without land claims
refused to adopt the Articles of Confederation unless a
Compromise was reached.
Thomas Jefferson suggested that the western lands be
given to the National Government and eventually new
States created
Result: both sides agreed to the compromise and the Articles
of Confederation went into effect in March of 1781.
Because of the fears of a strong National Government we
failed to give it the power needed to operate effectively.
Congress could not impose taxes
Congress could not regulate trade
Nine of 13 states needed to agree to pass laws
All states had to agree to amend the Articles
No executive branch to enforce laws passed by
Congress
No judicial branch to interpret laws passed
by Congress
Settled western lands north of the Ohio river and east of
the Mississippi river. Established 5 new states (Wisconsin,
Michigan, Illinois, Ohio, and Indiana)
1. Britain refuses to leave:
According to the Treaty of Paris of 1783 Britain was to
vacate U.S. lands
Britain wanted to maintain control of the valuable lands
around the Great Lakes (fur trade, resources)
Closed ports to American merchants to discourage
Americas growth.
Lack of a strong National Government made it difficult
To impose a boycott against British goods.
2. Spain causes problems:
Refused to recognize U.S. land rights west of the
Appalachian Mountains (made treaties with Indians,
Set up forts, refused use of port of New Orleans.
Kept Americans west of the Appalachian Mountains
from conducting trade (to expensive to transport goods)
3. Shay’s Rebellion:
During the war large debts were incurred, wealthy landowners
who lent money needed to be repaid.
Increase taxes to generate revenue, caused inflation (cheap
money)
Increased taxes sent many poor farmers into debt, forced to
Sell their land and animals
Conflicts occur in Massachusetts in 1786 between state
Militia and poor farmers.
Showed insensitivity of Government to the plight of farmers
Farmers gained national recognition, Government feared a
New revolution of the poor.
“What a triumph for our enemies to find that we are incapable
of Governing ourselves” George Washington
May – September 1787
55 delegates meet in Philadelphia to discuss the weaknesses
of the Articles of Confederation, and what changes can be
made to strengthen the National Government.
George Washington would serve as President of the meetings
Delegate realized that the Articles of Confederation were
hopeless and that they needed to form a new Government
Proposed by Edmund Randolph to congress on May 29 1787
Plan written by James Madison (father of the Constitution)
Bicameral legislature (2 House) representation in both houses
based on population.
3 branches of Government- Executive, Legislative, Judicial
Checks and Balances- divided power so that no one branch
receives too much power
Smaller states complained that they would lose power and
influence because representation in both houses was based
on population (favored the large states)
Introduced by William Patterson, counter proposal to the
Virginia plan.
Attempt to strengthen the National Government by granting
new powers (regulate trade, tax, supreme power)
3 branches of Government (Executive, Legislative, Judicial)
Unicameral Legislature (1 House) 1 vote per state
regardless of size (favored the small states
Roger Sherman, helped settle the conflict over representation
by creating a bicameral (2 house) legislature.
1) House of Representatives – each states representation would
be based on population (favors larger states)
2) Senate – 2 representatives per state regardless of size
(favors the smaller states)
Settles conflict whether slaves would be counted as people
For representation purposes.
South wanted the best of both world
1) Representation – slaves are valuable people
2) Rights/Freedoms – slaves are property
Compromise would count slaves as 3/5’s of a person
Congress would be given the power to regulate trade.
Couldn’t ban slave trade until 1808.
Delegated powers– powers granted to the National Government
Reserve Powers- powers kept by the State Governments
Separates delegated powers among 3 branches of Government
To prevent one branch from having to much power.
Executive– President (commander in chief, veto, enforces laws)
Legislative– Congress ( laws, declare war, elastic clause)
Judicial- Supreme Court (law of the land)
Monday September 17, 1787
39 delegates signed the constitution and sent it to
the people for ratification.
A 10 month struggle would ensue before the
Constitution would be ratified.
Federalists – Supporters of the Constitution. (James Madison,
Alexander Hamilton, John Dickinson) Mostly educated,
wealthy, urban elite.
Antifederalists – opponents of the Constitution. (Sam Adams,
Patrick Henry, Richard Henry Lee) Mostly rural
farmers and planters. Distrusted a strong National
Government, feared tyranny, thought new government
favored educated, and wealthy over ordinary people.
Federalists papers – 85 essays on government written under
the pen name Publius. (Alexander Hamilton, James
Madison, and John Jay were the authors). Goal was to
persuade delegates to ratify the constitution by
explaining the advantages it would bring.
Robert Yates – “Brutus” wrote a number of anti Constitution
essays
Constitution ratified – for the new government to be approved
9 of the 13 states would have to ratify it. By July 1788
11 States had ratified the Constitution, Rhode Island and
North Carolina wouldn’t join the union until the new
Government was already at work.
The biggest concern of the antifederalists was the addition of
a Bill of Rights. Because they distrusted government they
wanted to spell out some basic rights to make sure those
Rights were protected.
Bill of Rights listed freedoms that no government, state or
federal could deny.
First ten amendments to the Constitution, approved in 1791