American History Chapter 6

Ordinance

An ordinance is a law that sets local regulations.

Economic depression (Definitions)

A drastic decline in the economy, marked by business failures and unemployment

Bicameral legislature

A lawmaking body made up of two houses

Tariff

A tax on imported goods

Leaders of the Constitution

Alexander Hamilton of New York and James Madison of Virginia, were among the delegates. They drafted a request that all states send representatives to a constitutional convention to be held in Philadelphia in May 1787. The purpose would be to revise the Articles of Confederation to create a stronger, more effective system of government.

Quarrels Between the States

As foreign trade declined, the economy relied more on interstate commerce. But states often treated each other like separate countries by imposing tariffs, on each other's goods. In theory, Congress had authority to settle tariff disputes between the states, but the states often ignored its decisions.

Special Delegates

At 81, Benjamin Franklin was the senior member. The wisdom and amicable wit of this writer, inventor, and diplomat enlivened the proceedings. George Washington, hero of the Revolution, lent dignity to the gathering. Alexander Hamilton, his former military aide, brought intellectual brilliance. Other delegates, like Roger Sherman of Connecticut, contributed law and business experience. James Madison of Virginia was perhaps the most profound political thinker and the best prepared of all the delegates.

Hesitation to Approve Articles

But even with the war still raging, some states were hesitant to approve a plan of government that would give Congress any control over their affairs. It took three and a half years for ratification of the Articles by all 13 states.

The Confederation in Crisis

Congress under the Articles of Confederation had notable successes, many Americans saw problems with the confederation. Most of these problems stemmed from the fact that the Articles gave so much authority to the states and so little to Congress.

North and South also argued over commerce

Congress would have the power to regulate foreign and interstate commerce, but it could not tax exports and it could not outlaw the slave trade until 1808.

A Call for a Constitutional Convention

Delegates were gathering at a convention in Annapolis, Maryland. This formal assembly was called to fix trade problems between the states. But the delegates knew they had more serious problems to address.

Two Ordinances Lay the Foundation for Land Policy

Despite its limited power, Congress recorded some notable achievements under the Articles of Confederation. Perhaps its most important success was the creation of policies for the settlement of western lands. In the Treaty of Paris ending the Revolutionary War, Britain gave up control of a region known as the Northwest Territory.

Depressed Farmers

Farmers were among those who suffered most from the economic depression. Falling crop prices and the loss of foreign markets left many farmers with crippling debts they could not repay. Farmers in western Massachusetts were hit especially hard. Some had their property auctioned off by local courts for nonpayment of debts and taxes. Others were sent to debtors' prison when they could not pay their debts.

New Jersey Introduces a Rival Plan

For about two weeks, the delegates discussed the Virginia Plan. Some thought it gave too much power to the national government. Smaller states did not like their representation in Congress being limited by population.

Loose Confederation of States

For that reason, the proposed Articles of Confederation created a framework for a loose confederation of states. Within this alliance, each state would retain "sovereignty, freedom, and independence." Any power not specifically given to Congress was reserved for the states. This meant that each state could often develop its own policies.

Discontent, Debate, and the Great Compromise

For the next month, the delegates debated the Virginia Plan point by point. They continued to argue about the critical issue of representation in the legislature. Debate grew so heated that delegates from some states threatened to leave the convention.

The Federalist Papers

Hamilton, Madison, and Jay provided detailed explanations of key parts of the Constitution. On the issue of central power, for example, Madison explained how the system of checks and balances would ensure that no one branch of government would have control over the other two.

Fearful Americans

However, they knew this would be a tricky undertaking. After being controlled by Britain for so long, Americans were not inclined to hand over power to another central government—even one they elected.

Sliding into anarchy

In 1786, a group of rebellious farmers who could not pay their debts shut down several courthouses in Massachusetts. Congress could not help the state government deal with the rebellion.

National defense

In the Treaty of Paris, Britain had agreed to withdraw troops from the Northwest Territory. Once it saw how weak Congress was, it refused to pull them out. Britain and Spain supplied arms to American Indians and urged them to attack settlers. Having disbanded the Continental Army after the war, Congress had no military force to counteract this threat.

Society's Thoughts of Congress

In the aftermath of Shays' Rebellion, rich businesspeople and landowners were particularly worried about Congress's weakness. They feared that anarchy would engulf the nation. Many Americans were not so pessimistic but did agree that the government should be strengthened.

Discontent Fuels Shays' Rebellion in Massachusetts

In the summer of 1786, armed and angry farmers occupied a courthouse to prevent the court from doing business. These rebels took over other Massachusetts courts, hoping to prevent trials and imprisonment of debtors. Its main leader is Daniel Shays. In September 1786, Shays led hundreds of farmers to occupy the courthouse in Springfield, Massachusetts. A few months later, he led about 1,200 farmers to try to seize a weapons stockpile in the same city. The Massachusetts militia stopped them, and the rebellion collapsed.

Father of the Constitution

James Madison

Thoughts on Bill of Rights

James Madison leading the way, the first Congress of the new government framed the proposed amendments. Madison himself believed that individual rights were already protected by the Constitution, making the amendments unnecessary. However, his friend Thomas Jefferson helped change his mind. Jefferson wrote from France that "a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no government should refuse." He argued that the great strength of such a bill of rights was "the legal check which it puts into the hands of the judiciary."

Threat Fund

Massachusetts had needed funds to hire and supply a larger militia. But Congress had been unable to send money. Instead, private donations from wealthy people had helped the state militia put down the revolt.

New Territory

No government had yet been established for this large territory that stretched from the Appalachian Mountains west to the Ohio and Mississippi rivers. Congress wanted to organize this land and sell it to raise revenue. To do so, it passed the Land Ordinance of 1785.

The Constitutional Convention

On May 25, 1787, delegates from every state but Rhode Island gathered in the room where the Declaration of Independence had been signed 11 years before. Congress had instructed them to revise, not replace, the Articles of Confederation. However, many delegates were already convinced that a new constitution was needed.

Congress key powers in Articles

On paper at least, the Articles did give Congress several key powers. Only Congress could declare war, negotiate with foreign countries, and establish a postal system. It could also settle disputes between states. But it had no power to impose taxes, which explains why the Continental Army was so starved of funds. In addition, the Articles did not set up an executive branch to carry out the laws or a judicial branch to settle legal questions.

Creating the Executive Branch

Some delegates wanted a single executive to head the government. Others were concerned that giving power to a single leader might lead to monarchy or tyranny. In the end, though, the delegates voted for a single president.

The Great Compromise

Roger Sherman of Connecticut came forward with a compromise designed to satisfy all sides. His plan called for a bicameral legislature with a different form of representation in each house. In the Senate, the states would have equal representation. In the House of Representatives, states would have representation based on their populations. Sherman's plan, known as the Great Compromise, resolved the thorny issue of representation in Congress.

Ratification of the Constitution

September 17, 1787, after months of hard work, the Constitution was signed by 39 of the 42 delegates present. The Constitutional Convention was over, but the Constitution still needed to be ratified by the states. To go into effect, the plan of government would need to be approved by 9 out of the 13 states.

Land Ordinance of 1785

Set up a system for surveying and dividing land in the new territory. After being surveyed, the land was to be divided into 36-square-mile townships. Each township would be divided into 36 numbered sections of 1 square mile each. Each section would then be divided for sale to settlers and land dealers. Section 16, however, was always set aside for schools.

Differences over slavery generated strong debate on representation and taxes

Since most slaves lived in the South, southern states wanted slaves to be counted in determining representation in the House of Representatives. Yet they did not want them counted when determining each state's share of taxes to support the national government. In contrast, the northern states wanted slaves to be counted for taxation but not when determining representation.

How to elect the president?

Some delegates thought Congress should do it, while others favored popular elections.

A Distinguished Group of Delegates

The 55 delegates were the cream of American political life. Historian James McGregor Burns has described them as the "well-bred, the well-fed, the well-read, and the well-wed." All were white men. Among them were former soldiers, governors, members of Congress, and men who had drafted state constitutions. Their average age was 42.

Money

The Articles allowed Congress to issue currency, but the states were still allowed to print their own paper money. Because there was no uniform currency, people had little faith in the money. It was worth little more than the paper it was printed on. The lack of confidence in paper money made interstate commerce and travel even more difficult.

Enlightenment Thinkers

The Baron de Montesquieu, another Enlightenment thinker. He favored a three-part government with separation of powers between executive, legislative, and judicial branches. These branches would work together in a system of checks and balances, each branch limiting the power of the others. This would prevent tyranny by keeping each branch from seizing excessive power. English philosopher John Locke's ideas about natural rights and the social contract helped shape the Declaration of Independence. They would also be guiding principles for drafting the Constitution.

Bill of Rights

The Constitution did not adequately protect individual rights and freedoms against encroachment by the national government. They argued that it should be altered to include such rights as the freedoms of speech, religion, and the press. They also wanted guarantees that every citizen would have such rights as the right to trial by jury and protection against unreasonable seizure of property. The lack of such guarantees became a sticking point in many states as the ratification process wore on. On December 15, 1791, enough states had ratified 10 amendments to make them part of the Constitution. These 10 amendments are known collectively as the Bill of Rights.

Decisions in Forming a National Government

The Continental Congress was trying to decide how the nation as a whole should be governed. When Congress first met in 1774 to resolve disputes with Britain, it had no authority over the colonial legislatures. Even when directing the war effort, it had no authority over the states, often begging them for soldiers and supplies. Therefore, many members of Congress wanted to form a national government, one that had powers to govern the states.

In 1776

The Declaration of Independence had asserted that the colonies were independent states. Even as the war got underway, the legislatures of the 13 states began to write their own constitutions. Almost all of them had new plans of government reflecting the principles in the Declaration of Independence.

Future Guidelines

The Northwest Ordinance set up a system that became a general guide for admission of future states. For that reason alone, it is considered the most important law passed during the period of confederation.

War debt

The United States had accumulated a huge war debt, mostly to foreign lenders. But Congress lacked funds to pay its debts. The Articles directed the state legislatures to pay taxes to the national treasury based on the value of each state's land. However, Congress could not force the states to pay.

Economic depression (Reasons)

The combination of high debt, weak currency, and falling trade caused the country to slide into decline in the economy.

Constitutional Convention

The convention held in Philadelphia in 1787 to draft the Constitution of the United States

Enlightenment's Influence

The delegates' political views were strongly influenced by Enlightenment thinkers. The Baron de Montesquieu and John Locke.

Trouble with Foreign Countries

The lack of central authority made relations with foreign countries more difficult. For example, one British official said it would be better to negotiate with each state than to do business with Congress. Many foreign countries also questioned the nation's financial stability. The United States had little success boosting trade with other countries. The American economy, depended heavily on the British market.

Articles of Confederation

The nation's first constitution, which was drafted in 1777 and created a framework for a loose confederation of states

The Virginia Plan Part 2

The new government would have a bicameral legislature, a lawmaking body made up of two houses. In contrast, the Articles of Confederation had established Congress as a unicameral, or one-house, legislature. The Virginia Plan proposed that representation in the two houses of Congress should be based on the population of each state. This would give the more populous states more delegates, and therefore more influence, than states with smaller populations.

Federalists.

The people who supported the Constitution. They favored a federal government—a strong central government that shared power with the states. Alexander Hamilton, James Madison, and John Jay led the Federalist campaign. Using the pen name "Publius," they wrote a series of 85 essays designed to win support for the Constitution. These essays, known as The Federalist Papers, were published over the course of several months and made a strong case for the new plan of government.

Constitution of the United States

The plan of government of the United States, drafted by the Constitutional Convention in 1787 to replace the Articles of Confederation

Comparing State Constitutions

They all began with a statement of rights. These rights were guided by three founding ideals expressed in the Declaration of Independence: equality, freedom, and democracy. Each state constitution separated the powers of government into executive, legislative, and judicial branches.

Electoral College

They finally decided to set up a special body called the Electoral College. This body would be made up of electors from each state who would cast votes to elect the president and vice president. Each state would have as many electors as the number of senators and representatives it sent to Congress.

Far from Democratic

They typically limited voting rights to white men who paid taxes or owned a certain amount of property. They did not establish governments by consent of all of the governed. Only New Jersey gave voting rights to women and African Americans who owned property. None of the original 13 states' constitutions outlawed slavery, and all states south of Pennsylvania denied slaves equal rights as human beings.

Three-Fifths Compromise

This settled the dispute, but the contradiction between the ideals of the Declaration of Independence and the practice of slavery would haunt the country in the decades to come.

Slavery and Commerce Issues Divide the States

Those from northern and southern states differed strongly on questions of slavery and commerce. A number of northern states wanted to include a provision for abolishing slavery. But most southerners opposed ending a system of labor on which their agricultural economy depended.

Anti-Federalists

Those who preferred a loose association of states with a weaker central government.

Northwest Ordinance 1787

To specify how these western lands would be governed. This ordinance declared that the region would be divided into three to five territories. When a territory had 5,000 free adult men, those men could elect a legislature. When the population reached 60,000 free inhabitants, the legislature could write a constitution and form a government. If Congress approved both, the territory would become a state. Each new state would have equal standing with the original states, and its people would enjoy the same freedoms and rights. Furthermore, slavery would be banned in any state formed from the region.

Interstate commerce

Trade between states

The Virginia Plan Part 1

Written mainly by James Madison, was clearly meant to replace the Articles, not revise them. It called for a national government with three branches, just as Montesquieu had described. The legislative branch would make laws, the executive branch would carry out the laws, and the judicial branch would interpret the laws.