First written federal constitution of the United States
Drafted in 1777, ratified by states 1781 (During war)
More of a treaty for the Union of states over a blueprint for a common government like the later Constitution
Sought to balance desire between national coordination and over powerful central authority
Unicameral legislature, each state had one vote, with major decisions requiring approval of 9 states. Amendments required unanimous agreement, so amending it was a huge pain
Couldn’t print money, only things could be done that were necessary in time of war
Made land west of the thirteen National domain rather than in the possession of certain states
Congress and the West
Congress forced Indians to cede land north of Ohio River
Difficult to regulate settlement of new National domain
Conflicting pressures form land resellers and states made regulation a difficult task — argued settlement should be responsibility of private groups
Congress feared rampant settlement would produce unending conflict with Indians
Settlers and the West
Peace triggered population movements from traditional population centers to further west and in upstate New York — frontier
Settlers believed land was essential to American freedom
Leaders believed settlers to be unruly and haggardly, believed stricter rules and law and order in the West essential to attracting better settlers to avoid discord with existing settlements and new settlements
The Land Ordinances
Series of measures approved by Congress defining terms of settlement out West
Land Ordinance of 1784 established stages of self-government for the West — land would first be districts governed by Congress then made states later on
Land Ordinance of 1785 regulated land sale north of Ohio River (Old Northwest) — land would be surveyed by govt. and then sold in 640 acre lots @ 1 dollar/acre. Settlers violated the rule by settling further west while land was still being surveyed
Because $640 too much for settlers to buy, lower classes bought land from private groups
Private groups always had precedence over individual buyers in govt
Land Ordinance of 1787 called for establishment of 3-5 states north of Ohio River — created principle of the empire of liberty, where the US wouldn’t rule over the West like a colonial power but new territory given representation in govt. Also prohibited slavery
The Confederation’s Weaknesses
Govt and country at large facing economic problems
Caught in debt from issuing bonds before war
Imported goods flooded country and trade ceased with dominion of British Empire
Empress of China set sail in 1784, looking to trade with Chinese merchants. Demonstrated feasibility of trade with Asia, but did not solve problems
States adopted their own economic policies, due to weakness of national government to do anything
Led to wide circulation of different worthless paper currencies
Shays’ Rebellion
Debt-ridden farmers closed courthouses in Western Massachussetts, who were imprisoning them for inability to pay back debt
Led by Daniel Shays, tactics modeled on Revolution-era liberty propaganda
Put down by state forces
Convinced many hunger for liberty had gone too far, and stronger national government was needed to prevent such disorder, such as James Madison
Danger to individual rights came from both too much liberty and abuses of power
Nationalists of the 1780s
A NEW CONSTITUTION
Beginning
Fifty-Five people attended the Constituional Convention, like George Washington, Ben Franklin, John Adams, and George Mason
Mainly wealthy people
The Structure of Government
New Constitution to create legislature, executive branch, and judiciary branch
Congress to have ability to raise money without relying on states like in the Confederation
Virginia Plan - proposed two-house legislature with state populations determining its size in each, supported by larger states
New Jersey Plan - proposed single-house legislature with single vote for each state, supported by smaller states
Great Compromise - agreement reached where there would be two houses, a Senate with each state having two members, and a House of Reps proportioned to population
Senators chosen by state legislatures for six-year terms, Representatives elected directly by the people every two years
The Limits of Democracy
House of Reps represented expansion in democracy
Members of Supreme Court chosen by House of Reps or Electoral college
Senate more powerful than other house
Election system very messy — each person granted two votes, with second place becoming Vice President. In case of no majority, President chosen among top 3 finishers by House of Reps.
Inefficiently designed due to distrust of ordinary public to elect President directly
The Division and Separation of Powers
Constitution developed on two points: federalism/division of powers and system of checks and balances
Federalism balance between state and national government — new Constitution tilted power in favor of national government
Constitution allowed President to enforce the law, command the military. Allowed Congress to levy taxes, borrow money, regulate commerce, declare war, deal with foreign nations, and promote the “general welfare”
Constitution prevented states from infringing property rights
Checks and balances — system in place by Constitution to avoid one branch of government from dominating the other two: Congress enacts laws, but President can veto them, judges nominated by President, but approved by Congress, yet serve for life to ensure independence.
The Debate over Slavery
Institution of slavery divided many delegates at convention
James Madison and Thomas Jefferson, both slave owners, were against slavery
Constitution required states to return fugitive slaves
Three-fifths clause in Constitution determined slaves to be counted as three-fifths of a person for Census counts in the House of Representatives
Slavery remained divisive issue, with Constitution not explicitly stating slaves were property yet the institution to be left up for the states
Slavery in the Constitution
Slavery clauses in the Constitution were mostly compromises
Importation of slaves banned in 1808 by Congress
Slave clauses ambiguous, and led to debate and conflict between North and South in later years
Three-fifths clause gave major power to southern Slaveowners
The Final Document
Created new framework for American development
Created national political institutions, reduced power or the states, and placed limits on popular democracy
THE RATIFICATION DEBATE AND THE ORIGIN OF THE BILL OF RIGHTS
The Federalist
Constitution required ratification by 9 states before going into effect
The Federalist — a series of essays published by John Jay, Alexander Hamilton, and James Madison defending the Constitution, how it protected individual liberty rather than taking it
Government was an expression of freedom, not it’s enemy
“Extend the Sphere”
Madison thought while government should be run by the people, their tendency to succumb to mob mentality proved dangerous
With economic development would come more poor, wanting to seize the land of the rich
In a nation the physical size of the United States, the size gave them stability, since someone was less likely to overthrow the government
Madison argued people are motivated by self-interest, and society progresses by the clashes of these interests
The Anti-Federalists
Anti-Federalists were opposed to the ratification of the Constitution
Argued the balance between liberty and governmental power had gone too far in the latter
Included Samuel Adams, John Hancock, and Patrick Henry
Government would be too dominated by the interests of the wealthy
Self-government operated best in smaller communities like states
“Liberty“ was their buzzword
Predecessor to proponents of a smaller government, bashed the Constitution for not even having a Bill of Rights
Pro-Constitution sentiment found mainly in urban areas and their periphery, with many hopeful the stronger government could take charge to lead the nation out of depression
Anti-federalism died with the ratification of the new Constitution in 1788 by a majority of the states, with Rhode Island and North Carolina strongly opposed to it
The Bill of Rights
Parts of the Constitution like freedom of spreech, press, religion, and right to bear arms didn’t come in original Constitution
James Madison thought a Bill of Rights was pointless given the system of checks and balances in the Constitution, and its role as just a worthless “paper barrier” to abuse of power
Congress and states ratified amendments in 1791 prohibiting Congress from transgressing on the freedom of speech, press, and assembly, along with the right to bear arms with a regulated militia (Second Amendment), and the prohibition of arrests without warrants and fair trial by jury
Ninth amendment declared all rights not written that were “retained by the people”, and the Tenth Amendment declared rights not explicitly held by the federal government were held by the states
Constitution purely secular and promotes freedom of religion
“WE THE PEOPLE”
Who Belongs? The Constitution and American Citizenship
Qualification of American citizens not included in Constitution
Language of Constitution implies rights determined by the state
President had to be “natural born citizen” but did little to clarify the meaning of citizen
White women could be citizens, but didn’t enjoy same rights as their male counterparts, and slaves and Indians weren’t citizens, yet free blacks’ status remained controversial
Free blacks were “quasi citizens”, and nowhere did they enjoy the same rights as free whites
National Identity
Before the Revolution, colonies mainly united due to their position of being under British rule, while The Revolution created a new body of people, “Americans”
There populations were identified in the Constitution: slaves, Indians, and “the People”, only third group given rights
American government combined ethnic and civic nationalism
Indians in the New Nation
Government encouraged westward expansion, but fate of Indians there was undecided
White Americans deemed Indians to be savages unfit for citizenship
New Secretary of War of Washington recognized Indian treatment by the government to be more destructive than Spanish treatment (The Black Legend)
Defeat of American forces at the hands of Indians in the Northwest Territory led to revenge attack by Americans at the Battle of Fallen Timbers
Led to Treaty of Greenville, where Indian tribes ceded most of Ohio and Indians to the US
The treaty also established the annuity system, yearly grants of federal money to Indian tribes that gave whites a greater hand in Indian life
Eventual goal was assimilation to remove the “uncivilized” nature from the person
Many Indians rejected assimilation and property-holding antics of the Americans
Blacks and the Republic
Black population was greater than Indian population in 1790
Free blacks were still given unsure rights, between slave and white
The North’s gradual emancipation established schools for former slave’s children and were given some legal rights and abolition was moved towards
Blacks still not considered part of the ideal American community, and liberty did not apply to them
Naturalization act of 1790 restricted the process of people from abroad becoming citizens only to free white males
The policy of Open Immigration led to all sorts of white people coming into the country, but barred the majority of the world’s population from partaking in American liberty
Jefferson, Slavery, and Race
Whites viewed blacks as not having the qualities that made freedom possible — self control, reason, and devotion to the larger community
Jefferson thought Blacks were inferior to Whites, and made them less deserving of freedom, yet pitied them, and wasn’t outrightly sure that all Blacks were inferior
Jefferson thought Indians to be equal to Whites in terms of intelligence, but had a suspicion Blacks were not due to their environment depriving them of such qualities
Jefferson thought that Blacks were to be emancipated eventually, but the nation should be homogenous, and therefore it would be best if they left America
Also thought Indians had potential to be civilized, he hated the thought of white and black blood mixing
Many whites acknowledged the evil of slavery, did things to limit it but not destroy the institution
Principles of Freedom
We the People meant increasingly more white Americans, although many acknowledged the abilities of Blacks and their mistreatment