Transcript Articles of Confederation

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At 2nd Continental Congress – urged colonies
to draft new constitutions to replace British
royal charters
Between 1776-1780 – all colonies but Rhode
Island and Connecticut did so
Relied on the idea of ‘republicanism’
◦ Political leaders receive their authority from the
citizens
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Most of these new Constitutions restricted
the powers of the governors
Many also reduced the influence of the
church on government
In 1779, Governor of VA – Jefferson issued VA
Statute for Religious Freedom
◦ Human mind was created free and that gov. control
over religious beliefs was tyrannical (no state
church)
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These “Republican” states did not grant full
citizenship to women
◦ Limited right to vote and hold office to white
property owners
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Republican Motherhood
◦ American women could influence politics and
society through their work in the home
◦ Offer moral guidance to their husbands
◦ Educate children in principles of liberty, democratic
values, and civic responsibility
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Weakened women’s chances of gaining
political rights
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Colonies were willing to join in a ‘loose
union’ but were reluctant to hand over
control to a national government
Ben Franklin supported the idea of this
Confederation
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July 12, 1776, Articles of Confederation was
presented
Debated for about 16 months, adopted on
November 15, 1777
Created a confederation while guaranteeing
each state its ‘sovereignty, freedom, and
independence”
Articles authorized Congress to borrow and
coin money, conduct foreign relations, set
policy towards American Indians
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Congress could ask but not require states to
contribute money to central government
Each state got 1 vote in Congress, regardless
of size or population
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All 13 states had to ratify (approve) Articles
One major issue blocked ratification – LAND
Several states claimed vast tracts of western
land – states without claims wanted that land
given to national government
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Issue boiled down to $$$$
Congress expected each state to help pay
off war debt
States with western lands could sell it and
make extra cash – states without claims had
to raise taxes
States without western land refused to ratify
– ex. Maryland
NY and VA gave western lands to Congress
to promote national unity
By 1781, all states agreed to enter
Confederation – officially “United States of
America”
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Congress knew western land would remain a
problem
Ordinance marked off land into 640-acre
tracts
Sell for no less than a dollar an acre and one
section reserved for a school
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Established a system for governing Northwest
territory
◦ Present day states of Indiana, Illinois, Michigan,
Ohio, and Wisconsin
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Guaranteed settlers civil rights and banned
slavery in that territory
◦ ***Escaped slaves did have to be returned
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Land Ordinances established a pattern for
settlement for the next 75 years..
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On paper, Confederation enjoyed broad
powers, but in reality it was weak
◦ Proposed changes need consent of all 13 states
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Congress needed cash to pay war debt
◦ Could not tax people directly, appealed to states for
funds
◦ States avoided paying their share
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IN 1784, Confederation began to experience
a depression
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Depression and money shortage left farmers
with fewer markets for their goods and little
money to pay their debts
In Massachusetts, merchant controlled
legislatures imposed heavy taxes on land to
pay state’s war debt
Legislature adjourned in 1786 without
resolving the issue, farmers rebelled
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One of the leaders was Daniel Shay – former
Rev. War Captain
December 26, 1786
◦ Shay and some 1200 farmers set out for Springfield
Massachusetts – intent of seizing federal arsenal
◦ Governor called for 4000 recruits to help militia
guard the arsenal
◦ Shay and company launched attack in late January
◦ When artillery killed 4 of Shay’s men, Shay’s men
fled
◦ Militia crushed rebellion by end of February
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Rebellion raised doubts about the central
governments ability to deal with civil unrest
Many now calling for a stronger central
government
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Provided for a weak national government
Gave Congress no power to tax or regulate
commerce between states
Provided for no common currency
Gave each state one vote regardless of size
Provided for no executive or judicial branches
Drafting and Ratifying the Constitution
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In late 1780s, more leaders realized the
Articles need improvements
A call for a Constitutional Convention
◦ Philadelphia – May 14. 1787
Independence Hall
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George Washington – President
James Madison
Alexander Hamilton
Ben Franklin
Thomas Jefferson, Patrick
Henry and John Adams not at
Convention 
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Congress charged the delegates to revise
Articles of Confederation
◦ Some believed it should be replaced
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Edmund Randolph – presented the VA Plan
◦ Shifted power away from states and towards a
central government
◦ Plan reflected that nations survival depended on
Federalism (division of power between federal and
state)
◦ Gave Congress right to overturn state laws, tax
states
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Called for 3 branches
◦ Judicial, Executive, and Legislative (Bicameral)
 Voters put members in lower house who choose members
of upper house
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Dispute of number of representatives
VA and Penn favored representation based on
population, Delaware wanted equal delegates
James Madison – “Father of the Constitution
Madison – Authored most of the Bill of
Rights
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Strong unicameral legislature
◦ Each state has one vote
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Gives federal government power to tax and
regulate commerce
Plan was essentially thrown out because it did
not fix problems of Articles of Confederation
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Great Compromise
◦ Each state, regardless of size, 1 vote in upper house
◦ Lower house based on population
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3/5ths Compromise
◦ Slaves as a part of the population?
◦ Conclusion: only three-fifths would count in
determining representation
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On September 17, 1787, the 42 remaining
delegates at the Convention signed the
Constitution when it was then sent out for
states to ratify.
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Federalists
◦ Favored ratification
◦ Wealthy merchants, planters, and lawyers – strong
government would ensure a strong currency
◦ James Madison, Alexander Hamilton
 Federalist Papers
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Anti-Federalists
◦ Feared a powerful national government
◦ Pointed out the voters don’t directly vote for
president – ‘undemocratic’
Federalists
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Advocated importance of
strong central
government – promote
economic development
and public improvements
Today, those who see a
primary role for the
federal government in
solving national
problems are heirs to
this tradition
Leading Virginians
-George Washington
-James Madison
Anti-Federalists
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Feared an overly
powerful central
government destructive
of the rights of
individuals
Today, more
conservative thinkers
echo these concerns
Leading Virginians
-Patrick Henry
-George Mason
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Issue of individual rights
US Constitution did NOT contain a Bill of
Rights
VA Declaration of Rights (George Mason)
included a Bill of Rights (protects individual
liberties from Government)
Lack of Bill of Rights outraged AntiFederalists
Federalists believed state constitutions would
support individual rights
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VA and NY agreed to ratify only if a Bill of
Rights was included
Despite all the debate, enough states (9 of
13) ratified the Constitution by June 1788.
VA Statute for Religious Freedom
◦ Thomas Jefferson
◦ Outlawed the established Church
 Government could not favor any Church
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Bill of Rights – James Madison
◦ Consulted the VA Declaration of Rights and VA
Statute of Religious Freedom
Constitution
FEDERALISM
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Marbury vs. Madison – 1803
◦ Set the precedent of judicial review
◦ First time the term “unconstitutional” was used
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McCulloch vs. Maryland – 1819
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Gibbons vs. Ogden – 1824
◦ Set the doctrine of Implied powers
◦ Set up a broad national view of economic affairs
◦ Power to regulate interstate commerce was granted
to Congress
These 3 major cases are the foundation of the
Supreme Court’s authority to mediate
disagreements between branches of
government, levels of government, and
competing business interests