The Confederation, the Constitution, and the New Republic, 1781-1800

When were the Articles of Confederation in place?

Adopted by congress in 1777 and ratified by the states in 1781. The Articles of Confederation would be scrapped very soon when there is a push for a stronger government and the constitution is created.

What was decided on in terms of the executive branch and presidency?

At first, the delegates were unsure of how the executive branch would be shaped. They were not certain whether there should be one person in the branch or multiple people, remember the articles of confederation never had this branch. The president was finally given a four year term limit with no limit on the number of terms (Washington set the standard though that presidents serve two terms). The framers did not believe that the people should chose the president directly so the electoral college system was utilized. They also did not want congress to chose the president.

What was congress' power between interstate commerce?

Congress could regulate interstate commerce (between the states). This means that congress could control and regulate how the states traded goods with one another. In addition, congress could regulate the taxes placed on trading goods within states.

What were the effects of Shay's rebellion?

Conservatives feared "anarchy" and pushed for a strong central government to replace the Articles. It showed that the Articles of Confederation needed to be revised or scrapped. The government should be powerful enough to deal with these types of problems or else everything would fall apart. There is no national army, which is a problem. George Washington sees the turmoil in America and is alerted to help.

Describe checks and balances

Each branch of government can limit the powers of another and prevents one branch of government from getting too powerful.

Describe the electoral college system

In America, we do not have a direct democracy. Instead, we have an indirect democracy. The president is not chosen through solely the popular vote as it would be in a direct democracy. The president is chosen through indirect democracy using something called the electoral college. In the electoral college the states receive electors that are equal to their number of senators, which is always two. In addition, they receive electors equal to the number of House of Representatives, which is based on population. Then, the number of senators is added with the number of House of Representatives to get the final number of electors. The people vote for the electors in each state. Which ever candidate wins the majority in a state wins all of the electoral college votes for that state. All of the electors in a state then vote in a specific location, usually their own state. The electors choose the president. Whichever president gets the majority of the electoral votes wins the election.

What was the "critical period"?

It was the time soon after the American gained independence that they underwent many problems. It was a time in which it was uncertain whether the weak country would survive. The Articles of Confederation (with all of its issues) left the US in trouble and the states had too much power. (1780s)

Outcomes of the articles of confederation weaknesses?

It was very clear that the Articles of Confederation was not sustainable and had many weaknesses. First of all, congress had no power to levy or collect taxes, which meant the government was short on money. Congress had no power to regulate foreign trade, and this meant that fights could break out between states and international trading was difficult. Congress also had no power to enforce laws, and the government had to depend on states to enforce laws. Approval of nine out of thirteen states was needed to enact laws, which made it difficult to enact any laws. All thirteen states needed to approve amendments to the Articles, which was not practical and almost impossible. Also, the government had no executive branch, and the fact that there was not executive branch made it difficult to coordinate the work of the government. Finally, there was no national court system, which made it impossible to settle disputes between states.

Who wrote the federalist papers? What were they?

James Madison, Alexander Hamilton, and John Jay wrote the federalist papers. The federalist papers were a series of 85 essays in support of the ratification of the Constitution, explaining in great detail what it meant. The federalist papers were the gateway for more states voting for the ratification of the Constitution and convinced many that the Constitution was not a bad/tyrannical thing.

Debate about the national bank

Perhaps the first debate under the presidency of Washington was the debate of whether Congress could create a bank of the United States. This debate was led by Alexander Hamilton and Thomas Jefferson. Alexander Hamilton was an advocate and believed that Congress could create a bank of the United States. Alexander Hamilton believed in a loose construction of the US Constitution. He believed that Congress could basically do anything unless the Constitution directly said otherwise or prohibited it. Thomas Jefferson was very averse to the idea of Congress creating a bank of the United States. Jefferson believed that the strict construction should be applied to the US Constitution. This meant that Congress could only do what the Constitution specifically stated.

When was the Constitution signed?

Signed by 39 out of the original 55 delegates on September 17, 1787.

What was happening to slavery in 1787? What stopped this trend.

Slavery seemed to be dying out in 1787 and these events seemed to signify the gradual end of slavery. Even in the South, the institution was becoming less useful to farmers as tobacco prices fluctuated and began to drop. However, all of this changed when the cotton gin was invented. The cotton gin of 1793 made slavery too profitable and the South could not bear to give it up. Previously, cotton crop was way too labor intensive and costly to farm. The cotton crop would have seeds in it that would take hours to remove. A worker could maybe only produced one pound of cotton in a day. However, the cotton gin could de-seed an immense amount of cotton in a matter of minutes. Southerners jumped at the profit this invention provided and began to acquire more slaves. These events ensured that there would be a conflict between the North and the South. The North wanted to end slavery but the South would never be willing to do so with all the profit that slavery provided.

Strict vs. Loose interpretation of the Constitution

Strict construction stated that America should only follow what the Constitution specifically stated. Loose construction stated that America could do anything unless the Constitution prohibits it.

Describe the great compromise/the Connecticut compromise

The Great (Connecticut) Compromise effectively worked to solve the dispute between the states about representation in congress. It stated that there would be two houses in congress. Equal representation would be provided in the Senate and the House of Representatives have an amount of representatives proportional to the population of the state. Every state had two senate members. Whereas, the states could have anywhere from one to as many as fifty three House of Representatives members.

Position of the north and south on the African slave trade. How was this debate resolved?

The South wished to have no restriction on the importation of slaves from Africa. The south benefitted greatly from the slave trade and did not want one of their greatest advantages to be taken away. However, the North wished to end the slave trade. The North was very averse to slavery and the South condoned slavery. The south advocated for no restriction on the slave trade from Africa. However. The North wanted to abolish the slave trade. This heated dispute was settled by the Slave Trade Compromise. The Slave Trade Compromise allowed Congress to end the slave trade after 20 years (1808).

What was the South's economy based on? Position on tariffs.

The South's economy was based on agricultural exports and importation of machined goods, so they wanted no tariffs (taxes) on imports or exports.

Describe the Articles of Confederation?

The articles of confederation only had one branch of government, the legislative. Congress was at the center of the government. The articles of government had little power, and the states held most of the power. Each state had one representative under the articles. There was no president or court system.

What did America and Britain not do that they promised to do?

The states did not restore loyalist property or pay debts to British creditors (part of the treaty of Paris). The British kept several military outposts in the western Us (contrary to the treaty of Paris). Britain and other European nations also did not respect Americas country boundaries.

Washington's presidency

Washington was elected as the Nation's first president and took office in April 1789. He established what the constitution means in practice.

Describe the Constitutional Convention

Washington was to preside in the convention. The meetings would be conducted in secret. We know what happened because James Madison took notes. Congress called to revise the articles in February 1787. However, the delegates first intended on revising the articles but they finally settled on actually replacing them.

What did the Commercial compromise do?

With the Commercial Compromise, imports can be taxed, but exports can not be taxed.

Washington's Farewell Address

After serving two presidential terms, Washington resigned in September 1796, which established a precedent that lasted until 1940. Before resigning, he was sure to craft a farewell address that would provide advice to America. Washington believed that the advice that was provided in his farewell address would be crucial to America's success as a nation. One point that Washington stressed was for America to avoid becoming involved in European affairs. He believed that America shouldn't get itself tangled into conflicts and affairs that occur in Europe, as they will do nothing but wreak havoc on America. In addition, he believed that America should avoid forming long standing alliances with other countries. Forming alliances would perhaps lure America into doing things for the interest of other countries. If America were bound to corruptive alliances, there would be a big possibility of it losing sight of the ideology that it was founded upon. What's more, Washington believed that the populous of America should not divide itself into political parties. Political parties would do nothing but incite disputes, separation, and quarrels in America. Washington also believed that sectionalism was not a good practice in America. If sectionalism became a norm then it would be likely that states would begin to act as individual countries, rather than states that belong to a single body. They would start to believe that their section is inherently better than the others and only do things to benefit their section, not the whole country.

Describe the federalist and anti-federalists

The Constitution sparked unrest within the thirteen states mainly because of the differing views surrounding it. The two main camps regarding the constitution were the Federalists and the Anti-Federalists. The Federalists were basically the people who supported the ratification of the constitution. The Federalists supported having a stronger, more centralized government that removed some powers from the state. The Federalists also favored having the power in the government being split up between different branches. Finally, the Federalists proposed that a single person should lead the executive branch of government. Conversely, the Anti-Federalists strongly opposed the Constitution and believed that the government that was already in place was adequate. The Anti-Federalists wanted more important political powers to remain with the states. In addition, they believed that the legislative branch of government should have more power than the legislative branch. They also feared that a strong executive branch (one person) might become a king or tyrant that would destroy the ideals that America was founded upon. Finally, the Anti-Federalists called for a Bill of Rights in the Constitution that would preserve the rights of the people.

The Land Ordinance of 1785

The Land Ordinance of 1785 was adopted by the United States Congress of the Confederation on May 20, 1785. It set up a standardized system whereby settlers could purchase title to farmland in the undeveloped west. It divided western land for sale into townships 36 miles square with sections set aside for government, schools, and churches. The sales of land in the west gave the government much needed funds because they had no other way of getting money, such as levying taxes (they couldn't). This was done under the Articles of Confederation.

What was the North's economy based upon? Position on tariffs.

The North's economy was based upon manufacturing, which competed with Britain, so they favored import tariffs (taxes).

The Northwest Ordinance of 1787

The Northwest ordinance of 1787 DEFINED STEPS for the admission of new states and FORBADE slavery in the northwest. It saw the admission of many of the states we know today such as Minnesota, Wisconsin, Illinois, Indiana, Ohio, and Michigan. It organized this mostly unsettled land that was won by the Americans in the war. This was done under the Articles of Confederation.

Position of the north and south on slavery for representation. How was this debate solved?

The South wanted the slaves to count towards their population, so they would get more House Representatives. However, the North did not want slaves to count towards population. The south had the biggest population of slaves so it would benefit greatly from slaves being counted into the population. Whereas, the North would not benefit from slaves being counted into the population because they had a low slave population. The people in the North were confused as to why the Southerners would let the slaves count for the population when it benefitted them but deny them basic human rights. The 3/5 compromise worked to solve the dispute between the North and South about whether slaves should count towards the population. It stated that slaves counted as 3/5 of a person for representation and taxation. This law would leave a vast majority of people (slaves) out of the population of large slave holding states. For every five white men only three slaves would be counted.

Where did the Constitutional Convention take place?

The constitutional convention met in the state house in Philadelphia, Pennsylvania. This is where the Constitution that America follows to this day was written. The Constitutional Convention met from May 25 to September 17, 1787. All 12 states (except Rhode Island) met to revise the articles (except they really did not end up revising them).

Describe Shay's Rebellion

The depression and a huge tax hike (to pay off the state debt) hit poor, western Massachusetts farmers hard. Massachusetts had such a large debt because there were a lot of battles and revolutionary action there (owed to foreign powers, etc...). The government couldn't help out Massachusetts with its debt because it couldn't collect money or have such authority. The Massachusetts government thought that raising money through taxes was an adequate solution to their debt issues. Massachusetts courts were repossessing many farmer's land who could not pay their debts and taxes. A lot of these poor farmers in the west were vets from the revolutionary war. In particular, Daniel Shays, couldn't pay because he hadn't gotten reimbursed for his war service. The government had a hard time paying back these soldiers because they couldn't collect funds and many states were in debt. Daniel Shays (a former officer in the revolution) led an armed group of men to forcibly close the debtors' courts. The rebellion got quite out of hand and the rebels even tried to overturn the state. The rebels tried to take the arsenal but were met with a privately funded militia by eastern businessmen. There was no continental army to stop these rebels so Massachusetts found its own way to quell the rebellion. Shay's rebellion was defeated in early 1787 but laws against debtors were also eased.

The virginia plans and the New Jersey plan

The differing populations if the thirteen states greatly split them on the issue of representation in congress. This dispute spawned two different course actions, the Virginia plan and the New Jersey plan. The Virginia plan advocated that there should be two houses in the legislature and the representation in congress should be based on population. The Virginia plan was mostly supported by large states. Conversely, the New Jersey plan advocated a one house legislature and equal representation in congress. The New Jersey plan was supported by smaller states who feared losing power in the federal government.

Describe separation of powers

The government is divided up into three branches to prevent tyranny and one body having too much power over the people. The Americans were afraid of an intensely strong government like the British monarchy but were also afraid of the consequences of too much democracy. They decided on having three branches of government the legislative, the executive, and the judicial. The legislative is what we call congress (house of representatives and senate) and they principally pass laws. The executive is what we call the president and he or she principally carries out the laws. The judicial branch is what we call the Supreme Court or other federal courts and they interpret the laws.

Describe the national court system and some of its powers.

The judicial branch contained the national court system, which was the Supreme Court. The Supreme Court belonged to the judicial branch. However, there was nothing in the constitution that mentioned anything about lower level courts. It was left to congress (legislative branch) to organize and establish lower federal courts. Under the Constitution, the judicial branch doesn't have the power to create lower level courts. The power to create and organize lower level courts is left to the legislative branch (congress). However, the Supreme Court is given power to rule on laws and treaties of the US. In addition, the Supreme Court can rule on disagreements between states. The Supreme Court has the authority to declare any actions of the other two branches as unconstitutional.

Who was the Constitution ratified by?

The people ratified the US Constitution. Actually, the people voted for Representatives that would vote in special state conventions. The drafters of the constitution focused on getting the votes through the people because they thought that it was the best way to get approved and to get an actual fair opinion. If you think about it, if you had one legislator from each state in the Articles of Confederation vote, it wouldn't be an actual representation of the opinion of the populous. In addition, the legislators might not vote fairly because the ratification of the Constitution would put them out of authority. The Constitution was not ratified by the states themselves. Since the Constitution was ratified by the people, only the people can break up the union.

Describe the ratification of the Constitution.

The ratification of the constitution was the process needed to adopt it as the new government for the United States. The Constitution needed to be ratified to replace the Articles of Confederation as the new government. A unanimous decision of all 13 states was not needed in order to ratify the Constitution. Only 9 of the thirteen states were needed to approve of the Constitution, in order to ratify it. The founders of the constitution knew that a unanimous decision of all 13 states was impossible, since there was strong Anti-Federalist states like Rhode Island. A unanimous decision of all 13 states was impossible. The states held conventions in which a body of people that were elected would vote on the ratification of the constitution.

Describe the weaknesses of the Articles of Confederation.

They could not levy or collect taxes, regulate foreign trade, and enforce the laws it created. In addition, the articles needed approval of nine out of thirteen states to pass laws and unanimous (all thirteen delegates!) to amend the articles. The government also had no executive branch or national court system. The articles were like a treaty of friendship between the states, rather than a government.

Describe the Bill of Rights

They were the first ten amendments to the constitution. The Antifederalists refused to support the ratification of the Constitution without a bill of rights to protect the people from a harmful government. The federalists in key states agreed to this compromise to get support for the constitution.