Building the Republic

Krister Swanson - Moorpark College

Articles of Confederation

Attempt by 2nd CC to provide structure for government during the Revolutionary War
Key ?s: who votes? how are people represented? who is sovereign without king? Western lands? Taxation?
Forms a loose confederation of states, not strong federal government
Approving or amending required unanimous decision, hamstrings gov’t
Big clash over western lands between states with old colonial boundary of Miss. and those without land to claim
Land states finally cave, issue shows self interest of states – not as unified as Rev would suggest

Weaknesses of Articles

State Sovereignty

Defining Citizenship

Candidates for office must own property (necessary for independent action)
Voters had a lesser property requirement
½ to ¼ of all adult males excluded from voting
Should propertied women vote? – start of that debate (assumption is no)
New Jersey’s inclusive language until 1807
John Adams warns against even discussing suffrage – just keep colonial requirements

Slavery

Unpropertied people still enjoy basic rights, slaves did not
Not part of “civil society”
Language of revolution stirred much debate on slavery, institution quickly erodes in north
Some freemen sue, refuse to pay taxes
Most states pass gradual emancipation laws
More Slavery
Gradual emancipation seen as a way to balance rights
Middle states make it slightly easier to emancipate – no emancipation in the deep south
Book argues for a large role for ideology as a move toward ending slavery – Do you agree?

The Critical Period

Doubts about the Articles are rampant from the start
States and confederation suffering big war debts
Currency problems led to fluctuating prices (146:1 inflation)
Morris tries to impose taxes but port states reject them
Morris proposes Bank of N. America (hold hard money, issue bank notes, make loans to government)
Bank’s charter expires in 1786, doesn’t solve issues
Economic struggles continues because all power on economic issues were reserved to the states – they pursued their own interests

The Western Lands

Jefferson left to settle question of western lands – he wants nation of free-holders (land ownership will make everyone equal)
Jefferson’s plan set up new state boundaries, townships, abolished slavery, gave away land for free
Congress nixed the slavery abolition & giving the land away
Eventually drawn into townships with 640 acre sections & put up for auction
This invites speculators, who buy land & don’t worry about Indians (who haven’t been consulted) Wars result
1787: NW Ordinance sets up guidelines for statehood (three phases – each with set # of citizens, 60k=statehood) also tries to protect Indians to no avail
Banned slavery in new states – establishes north as area free from slaves (growth of sectionalism)
Eventually leads to creation of Ohio, Indiana, Michigan, Wisconsin & Illinois

Shay’s Rebellion

Strong test of the new government
Confederation pressures state for income – payment in hard money
pressures farmers in western territories – they force closure of local courts (led by Shays) – they see elected assemblies as oppressive
Governor raises private army to squash rebellion
no strong national executive to handle the crisis
dissidents are caught, jailed, forced to take loyalty oaths, have rights revoked
rebellion makes all states wonder what future rebellions (will all people keep rebelling until they get what they want?)

What’s the Next Step?

Constitutional Convention

started as a meeting about trade regulation – Hamilton & small group push for drafting new constitution
55 men, all upper class, many lawyers & land owners, mostly young & ambitious
worked in secrecy to encourage open debate

Competing Plans

Virginia Plan: 3 branch government, powerful executive & judiciary, representation based on population (gov’t by people not states)
VP emphasized federal power over state authority
New Jersey Plan offers the small state response – pushes the single house legislature where all states are equal
NJ Plan gave increased powers to Congress and suggested a three person Presidency
also asserts federal power over states’ rights – but keeps confederation of states principle
deadlock finally broken by…

Great Compromise

2 house leg (Senate: 2 per state, House: rep by pop)
question of how to count population is huge, especially with slaves
3/5 Compromise: 5 slaves = 3 people for the purposes of counting pop
“all other people” not slaves, but in this way Constitution acknowledges legality of slavery

Democrats & Republicans

many see pure democracy as evil (Shay’s, etc.) – new government limits direct voice of people
senators chosen by state legislatures
electoral college moves election of President away from the people
strong emphasis on checks & balances after failure of A of C

Basic Powers

President: initiate & veto legislation, command army, direct foreign policy, appoint judiciary
Congress: economic powers (coin money, set budget, etc.), write all laws “necessary and proper”, approve appointments
Nine states necessary for ratification (ratifying conventions)

Ratification

Federalists want quick ratification - start push with states favoring ratification (Delaware, PA, GA, etc.)
By May 1788 eight states have ratified, but not VA or NY
Anti-Federalists emphasize suspicions based on lack of specific rights, fear of infringement of liberties
Also fear power of national body disconnected from constituents
Anti-Feds also feared national currency & centralized economy
Anti-Feds feared government would always be in hands of the elite
Federalists more or less argued that the elite should govern
NH ratifies on 6/21/88
Feds promise to consider amendments on rights to swing VA, and in NY Hamilton, Madison & Jay start writing Federalist Papers
NY finally follows VA - NC & RI finally come into the fold by 1790
Bill of Rights added in 1791
Constitution is more republican than democratic in nature
Split between Feds & Anti-Feds will set stage for political differences in United States for rest of history