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Building the State (1781-1797)
General Summary
After the United States declared its Independence from Britain on July 4, 1776, the long process
of building the state began. This era started with the individual state constitutions, which
blended the traditions of British and colonial rule with the new, more radical republicanism that
infused the nation during the Revolutionary War. State governments established, Americans
realized the need for a national government to take on responsibility for diplomatic
representation and military control. The first attempt at national government was laid out in the
Articles of Confederation. The Articles established a loose federation of states that all
essentially acted as individual republics; the balance of power lay heavily in the states favor and
the national government was far too weak to perform even its basic duties.
During the mid 1780s, the government under the Articles of Confederation proved unable to
successfully levy and collect taxes, and unable to carry out the basic requirements of diplomacy.
The nation was in danger of breaking apart. After Shays' Rebellion alerted many Americans to
the weakness of the current national government, political leaders decided to alter the
framework of government under which the United States operated.
The Constitutional Convention met in Philadelphia and determined that it was in the nation's
best interest to create an entirely new framework of government. For nearly four months, the
delegates at the convention deliberated on how best to accomplish this rebuilding effort. The
Constitution, the result of these proceedings, sets out the tripartite system of government that is
still in place in the US today. It created a bicameral legislature consisting of the House of
Representatives and the Senate, an executive branch headed by the president and staffed by
the cabinet, and provided for the establishment of a judicial branch, consisting of a federal-court
system headed by the Supreme Court.
Although the Constitution established the basic framework of government, its wording was
vague in regard to the details. Thus, the first Congress under the Constitution and the first
President, George Washington, were responsible for working out the details of governance. In
the first years of the new United States, Washington and the Congress created, among other
things, the now accepted traditions of the cabinet and the judicial system. The precedents they
set established the standard operating procedure of the national government for years to come.
During the fight to ratify the Constitution, a division sprang up between those who wanted to
grant the central government broad powers, the Federalists, and those who feared that a
national government which was too strong would prove despotic, the Anti-federalists. This
debate continued into the Washington administration, as Secretary of State Alexander Hamilton
set forth a program of economic Federalism which included the assumption of state debts by the
national government, and the creation of the Bank of the United States. His efforts paid off for
the US on a general scale, but Hamilton's actions turned many away from Federalism, since
they believed Hamilton had overstepped the bounds of the national government.
Added to the growing internal turmoil was the threat of war with Britain, Spain, and the Native
Americans over the control of the American West (which at this point was the area around
Ohio). On the brink of war with all three parties, Washington sent successful diplomatic missions
to achieve peace. However, international relations proved to be yet another area where
passions ran high and the American population was divided. Washington left office in 1797
pleading for an end to political division and embroilment in foreign affairs. Yet despite his best
efforts, the American public was far more sharply divided in 1797 than it had been at the outset
of his presidency. Even so, upon Washington's departure from office, America itself was a far
more powerfully established nation.
Important Terms, People, and Events
Terms
Anti-Federalists - Anti-federalists rose up as the opponents of the Constitution during the
period of ratification. They advocated a governmental structure that granted power to the states.
Antidisestablishmentarianism - The movement in opposition to the disbanding of formal ties
between government and religion. Antidisestablishmentarianism proved especially formidable in
New England. Whereas most states broke all government ties with religion shortly after the
Declaration of Independence, the Congregational Church continued collecting tithes (taxes) in
New Hampshire, Connecticut, and Massachusetts well into the nineteenth century.
Articles of Confederation - Adopted in 1777 during the Revolutionary War, the Articles were
the document that established the United States of America. The Articles granted few powers to
the central government and left most powers up to the individual states. The result was a weak,
rather ill-defined state. The Articles were replaced by the Constitution in 1789.
Bicameral - Name for a legislative system composed of two complementary houses. Congress,
like its model the British Parliament, is bicameral; the Senate and the House of Representatives
make up its two houses.
Bill of Rights - Though the Anti-federalists were not able to block the ratification of the
Constitution, they did make progress in ensuring that the Bill of Rights would be created. The
Bill of Rights, drafted by a group led by James Madison, was the collection of the first ten
amendments to the Constitution, which guaranteed the civil rights of American citizens.
Checks and Balances - The Constitution set forth a government composed of 3 branches: the
legislative, executive, and judicial. Each branch was given certain powers over the others to
ensure that no one branch usurped a dangerous amount of power. This system, known as
checks and balances, represented the solution to the problem of how to empower the central
government, yet protect against corruption and despotism.
Congress - The bicameral legislative body set up by the Connecticut Compromise. The two
houses of Congress, the Senate and the House of Representatives, accorded to both the
Virginia Plan and the New Jersey Plan, in that membership numbers in the House were
determined by state population, and representatives in the Senate were fixed at two per state.
Connecticut Compromise - Ending weeks of stalemate, the Connecticut Compromise
reconciled the Virginia Plan and the New Jersey Plan for determining legislative representation
in Congress. The Connecticut Compromise established equal representation for all states in the
Senate and proportional representation by population in the House of Representatives.
Constitution - The document produced by the Constitutional Convention, and ratified by the
states in 1789. As opposed to the Articles of Confederation, the document the Constitution
replaced, the Constitution created a strong central government with broad judicial, legislative,
and executive powers, though the extent of these powers were purposely reined in by the
Constitution itself.
Elastic Clause - Article I, Section VIII of the Constitution states that Congress shall have the
power "to make all laws which shall be necessary and proper for carrying into
execution...powers vested by this Constitution in the government of the United States." This
clause, known as the elastic clause, was the point of much contention between those who
favored a loose reading of the Constitution and those who favored a strict reading.
The Federalist Papers - The Federalist Papers contain a series of newspaper articles written
by John Jay, James Madison, and Alexander Hamilton which enumerate the arguments in favor
of the Constitution and against the Anti-federalists.
Federalists - First rising to national attention during the process of ratification, Federalists
remained an important influence on the government throughout the Washington administration.
Led by Alexander Hamilton, the Federalists believed in a strong central government at the
expense of state powers.
Jay's Treaty - Jay's Treaty provided for the removal of British troops from American land, and
avoided the outbreak of war with Britain. While seen as unsuccessful by the majority of the
American public, Jay's Treaty may have been the greatest diplomatic feat of the Washington
administration, avoiding the outbreak of war.
New Jersey Plan - The New Jersey Plan was presented at the Constitutional Convention as an
alternative to the Virginia Plan. The New Jersey Plan favored small states in that it proposed a
unicameral Congress with equal representation for each state.
Northwest Ordinance - The 1787 Northwest Ordinance defined the process by which new
states could be admitted into the Union from the Northwest Territory. It forbade slavery in the
territory, but allowed citizens to vote on the legality of slavery once statehood had been
established. The Northwest Ordinance was the most lasting measure of the national
government under the Articles of Confederation, in that it established the model which would be
used for admission of new states well into the future.
Republicans - Rising up as the opposition party to the dominant Federalists during the
Washington administration, Republicans claimed that liberty could only be protected if political
power were rested firmly in the hands of the people and those government officials closest and
most responsive to the people. They fought to overturn Alexander Hamilton's measures and
distribute greater power to the states.
Society of Cincinnati - The Society of Cincinnati was a fraternal order of Continental Army
officers, which instated a system of hereditary membership. Despite the fact that many political
luminaries, such as George Washington, were members, republicans often clashed with the
society, fearing that it would eventually become a hereditary aristocracy akin to the British
nobility.
Strict Constructionists - Strict constructionists favored a strict reading of the Constitution and
especially of the elastic clause, in order to limit the powers of the central government. Led
Thomas Jefferson, strict constructionists embodied the ideological core of the Republican Party.
Supreme Court - The highest judicial body in the land, as created by the Constitution.
Three-fifths Clause - During the framing of the Constitution, Southern delegates argued that
slaves should count toward representative seats, while the delegates of northern states, most of
which had or would soon abolish slavery, argued that to count slaves as members of the
population would grant an unfair advantage to the southern states. The result of this debate was
the adoption of the Three-fifths Clause, which allowed three-fifths of all slaves to be counted as
people.
Virginia Plan - The Virginia Plan was the first major proposal covering representation presented
to the Constitutional Convention. It proposed the creation of a bicameral legislature with
representation in both houses proportional to population. The Virginia Plan favored the large
states, who would have a much weightier voice than the small states under this plan. The small
states proposed the New Jersey Plan in opposition.
People
Chief Joseph Brant - A Mohawk Chief who had distinguished himself during the Revolutionary
War, Joseph Brant organized a military alliance of Native American tribes in the northwest,
which, while it faltered because of limited support from certain portions of the Iroquois,
presented the government under the Articles of Confederation with a challenge in the west.
Benjamin Franklin - An inventor, a writer, and former ambassador to France, Benjamin
Franklin was the oldest delegate to the Constitutional Convention. The other delegates admired
his wisdom, and his advice was crucial in the drafting of the Constitution.
Alexander Hamilton - The outspoken leader of the Federalists, Hamilton emerged as a major
political figure during the Constitutional Convention, and during the period of ratification, as one
of the authors of The Federalist Papers. As Secretary of Treasury under Washington, Alexander
Hamilton spearheaded the government's Federalist initiatives, most notably through his
proposals on the subject of public credit and the creation of the Bank of the United States.
John Jay - John Jay played an important role in the establishment of the new government
under the Constitution. One of the authors of The Federalist Papers, he was involved in the
drafting of the Constitution, became the first Chief Justice of the Supreme Court under
Washington, and went on to negotiate Jay's Treaty with Britain to head off war in 1795.
Thomas Jefferson - Jefferson attained political fame originally as the author of the Declaration
of Independence. A prominent statesman from Virginia, Jefferson became Washington's first
Secretary of State. However, in 1793, Jefferson resigned from that post in opposition to
Alexander Hamilton's continued efforts to garner power for the national government. With
James Madison, Jefferson took up the cause of the strict constructionists and the Republican
Party, advocating the limitation of the national government.
Henry Knox - Washington appointed Henry Knox his first Secretary of War. Knox played a
valuable role in the development of the executive branch. His most notable actions came in
relation to the struggle with the Native Americans on the frontier, where he declared the Indian
title to the land officially recognized by the US in the early 1790s.
James Madison - Madison joined forces with Alexander Hamilton and John Jay as a Federalist
leader during the Constitutional Convention and beyond. He was one of the authors of The
Federalist Papers and, as a member of the first Congress, a staunch advocate of strong central
government. However, after a string of Federalist measures that asserted the power of the
national government over the state in questionable areas, Madison defected from the Federalist
cause and became a critic of excessive central power. He joined Thomas Jefferson in leading
the rising Republican Party.
George Washington - Washington, as the general of the Continental Army during the
Revolutionary War, was the obvious choice to be the first President of the United States.
Washington took on the task of defining the presidency, attempting to establish the role through
precedent. He intervened little in legislative affairs, and concentrated mostly on diplomacy and
finance. A Federalist, he granted Alexander Hamilton a great deal of support, despite frequent
misgivings.
Events
Annapolis Convention - Originally planning to discuss the promotion of interstate commerce,
delegates from five states met at Annapolis in September 1786 and ended up suggesting a
convention to amend the Articles of Confederation.
Constitutional Convention - In response to the Annapolis Convention's suggestion, Congress
called for the states to send delegates to Philadelphia to amend the Articles of Confederation.
Delegates came to the convention from every state but Rhode Island on May 25, 1787, and
decided to draft an entirely new framework of government, which would give greater powers to
the central government. This document became the Constitution.
Proclamation of American Neutrality - In the early 1790s, Britain and France went to war with
one another. The American public was torn over the issue of which nation to support, the South
pulling for a pro-French foreign policy, and the North advocating a pro-British policy. Issued on
April 22, 1793, the Proclamation of American Neutrality was Washington's response to the
division of the nation, stating that the US would stay out of the war.
Shays' Rebellion - As economic depression struck Massachusetts, farmers were increasingly
burdened by debt, a problem exacerbated by an increase in taxes. In August 1786, Western
Massachusetts farmers organized in an attempt to shut down three county courthouses through
violent means in order to prevent foreclosure proceedings. The rebellion was easily put down,
but it alerted many to the weaknesses of the government under the Articles of Confederation.
Whiskey Rebellion - Alexander Hamilton had pushed a high excise tax through Congress as
part of his economic policy efforts. However, the tax affected western Pennsylvania distillers
almost exclusively, and was administered by federal officials with little knowledge of or
compassion for the situation of the small farmers. Violence broke out in July 1794. In a short
period of time over one hundred men attacked a US Marshall, the chief revenue officer for
Allegheny County saw his house and stables burned to the ground, and organized, militant
farmers threatened to form a separate country. In a show of strength, George Washington
himself, led a force of militiamen to crush the rebellion.
Washington's Farewell Address - Published on September 19, 1796, George Washington
officially resigned the presidency after two terms, setting a precedent that would remain in place
until FDR in the 1930s. The focus of the address was a warning that Americans should avoid
the rise of political parties that the previous years had seen. He further advised future
generations to maintain a policy of isolationism in foreign affairs.