Study Notes on the Formation of the US Government and the Constitution

Establishment of the United States after the American Revolution

• Post-War Context (1783)

  • After the war against Britain, the independence of the United States is secured, but crucial questions about the nature and governance of the new nation remain unresolved.

  • Initial focus was on winning the war rather than establishing a governance plan.

• The Declaration of Independence

  • Serves as a guiding document but is primarily a statement of intent, not a governing framework.

  • Lacks specifics on the type of government to establish (e.g., monarchy vs. republic).

  • Criticism that it does not explicitly prohibit a monarchy or suggest governance details.

The Continental Congress and Early Governance

• Continental Congress

  • Initially convened in 1775, meant as a response to British policies, it evolved into a makeshift national governing body during the war.

  • Struggles to manage the war as states often ignore its requests for troops or resources because Congress lacks legal authority.

  • Tensions arise from personal and political rivalries within Congress affecting its efficiency.

• Need for a Stronger Government

  • The ineffiencies and legitimacy problems of Congress drive calls for a more robust national structure.

  • The Articles of Confederation: Drafted in 1777 and ratified by 1781, these articles represent the first constitution.

  • Established Congress as the sovereign national body for collective matters (e.g., war, foreign policy).

  • States retain considerable autonomy and powers.

  • Emphasis on federalism—power-sharing between state and national governments.

Ratification of the Articles of Confederation

• Challenges in Ratification

  • Articles required unanimous approval of all thirteen states for enforcement.

  • Dispute between Maryland and Virginia over territorial claims delays ratification.

  • Maryland delays until Virginia relinquishes territorial claims; ratified in 1781.

  • Congress continues to operate in a power void until ratification.

The Articles of Confederation in Practice

• Functionality and Critiques

  • Most historians consider the Confederation weak, citing:

  • Lack of taxation power (only able to request funds from states).

  • Cannot regulate commerce (foreign or internal).

  • No independent executive authority; the president is dependent on Congress.

• Legislative Voting

  • Major legislation required unanimous state votes, forcing consensus but leading to gridlock.

  • Some achievements, including the Land Ordinance of 1785 and the Northwest Ordinance of 1787, facilitated western expansion and organization of territories.

Economic Challenges and Unrest in the 1780s

• Economic Fluctuations

  • Varied experiences across states, with some suffering due to British tariffs and loss of previous subsidies.

  • Notable declines in industries (e.g., indigo in South Carolina).

  • Trade expands with new international partners, bolstering some sectors.

• Currency and Inflation

  • Over-reliance on printed paper currency leads to severe inflation; by the end of the war, value drops dramatically (e.g., $6 million in specie vs. $300 million in paper).

  • This inflation and national debt exacerbate public distress, especially as the Confederation cannot levy taxes.

• Tax Revolts: Shays' Rebellion

  • Triggered by increased taxes and demands for payment in hard currency, leading to widespread unrest among farmers, particularly in Massachusetts.

  • Demonstrates stark divisions among the populace regarding the effectiveness of the Confederation.

The Constitutional Convention (1787)

• Call for a Stronger Government

  • Reaction to Shays’ Rebellion and economic instability leads to a call for reform of the government structure.

  • The Annapolis Convention leads to the decision to create a constitutional convention.

• Sessions at Independence Hall

  • The convention convenes on May 25, 1787, with 55 delegates from 12 states (Rhode Island abstains).

  • Delegates have no formal authority to draft a new government structure—functioning under a semi-private assembly with individual political inclinations.

• Key Proposals and Compromises

  • Virginia Plan proposed by James Madison called for a legislative body based on state population. High opposition arises from smaller states fearing loss of political power.

  • New Jersey Plan counters with a proposal for equal state representation.

  • The Connecticut Compromise synthesizes both plans: a bicameral legislature with population-based representation in the House and equal representation in the Senate (two members per state).

• System of Governance

  • A strong single executive branch established along with checks to prevent overreach of federal power.

  • The Necessary and Proper Clause allows Congress to legislate broadly within the limits of powers specified by the Constitution.

• Slavery Compromise

  • The Three-Fifths Compromise counts slaves as 3/5 of a person for representation and taxation purposes.

  • Agreement on halting the slave trade from Africa after 20 years of ratification of the constitution.

• Final Draft of the Constitution Signed

  • The Constitution is signed on September 17, 1787, needing subsequent state ratifications to become effective.

Ratification Debates and The Bill of Rights

• State Conventions and Opposing Factions

  • Federalists (supporting a strong national government) vs. Anti-Federalists (favoring more power to states and individuals).

  • Varied success in ratification across states; quick acceptance in Delaware, Pennsylvania, and New Jersey but extensive debates in Virginia and New York.

• The Federalist Papers

  • Series of essays written by Madison, Hamilton, and Jay promoting the Constitution’s ratification.

  • Influential arguments regarding the necessity of a strong government to mitigate public chaos and safeguard liberties.

• Compromises Leading to the Bill of Rights

  • To gain Anti-Federalist support, the Federalists agree to draft a Bill of Rights to protect individual liberties and limit federal power.

  • Passed by Congress in 1789 and ratified by states in 1791 consisting of 10 amendments, covering rights like free speech, assembly, and due process.

Implementation of the New Government under the Constitution

• Formation of the New Congress

  • Following ratification, a new congress is elected, marking the transition from the Continental Congress to the US Congress.

  • George Washington unanimously elected as the first President, emphasizing national unity to legitimize the new government.

• Foundational Challenges

  • Ongoing questions emerge regarding federalism, sectionalism, and intended outcomes of the new government as America forges its political future.

• Franklin's Reflections

  • Franklin reflects on potential success of the government as "a republic if you can keep it," symbolizing the anxieties and aspirations surrounding the nascent governmental framework.

• Transition to New Currency

  • The US transitions to its own currency system away from British influences toward the establishment of the American dollar.

Conclusion

• The ratification and creation of the Constitution represents a critical moment in establishing the framework for governance in the newly formed United States.

• Despite its imperfections, it sets the stage for future political discourse and the ongoing evolution of American governance.