Road to the Constitution and the Articles of Confederation — Vocabulary Flashcards
The Articles of Confederation and the Road to the Constitution
Article II (as garbled in the transcript) states that: "Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right which is not by this Confederation expressly delegated to the United States, in Congress assembled."
This reflects the central principle that the federal government’s powers were limited to those explicitly granted by the Articles; states retained extensive sovereignty.
The text provided in the transcript is incomplete, but the core idea is the preservation of state sovereignty within a loose confederation.
The Articles of Confederation (General Structure)
Created a single national government under Congress, which was a unicameral legislature.
No separate executive or judiciary authority was established.
Congress could create committees to craft policy and departments to handle specific cabinet-like affairs.
Congress could create ad hoc courts, but were not able to handle disputes between states or maritime affairs.
Judicial affairs were relegated to the states to resolve and create courts.
Congress represented the states, not the people directly.
No national elections; states sent delegates to Congress (and paid their salaries).
Each state had one vote in Congress.
The votes of 9 states were required to pass all important measures.
To amend the Articles, all states must approve the amendment (unanimity).
Congress’ powers included: foreign relations (war, peace, diplomacy, trade, treaty-making powers, etc.), coinage, establishing weights and measures, postal service matters, disputes between states, admiralty/maritime cases, borrowing money, and submitting requisitions for money and troops from the states.
Weaknesses and Practical Shortcomings
Despite powers on paper, the system was weak and Congress soon became ineffective.
No power to tax or regulate commerce; Congress relied on requisitions that states could refuse, and there was no enforcement mechanism against the states.
Financial strain: Congress only received 1.5 million of the 10 million it requested from the states.
The framework established a “league of friendship” and failed to identify its own sovereignty beyond the states.
If the Revolution was the beginning of the “American Experiment,” then the Articles of Confederation was the “Percolating Period.”
The Articles in Crisis
Major challenges included managing the huge Revolutionary War debt and funding it.
Rhode Island blocked an amendment (unanimity required) that would have allowed Congress to impose a 5 ext{%} tariff on foreign imports, illustrating how hard it was to reach consensus on revenue-posture changes.
New York later blocked another revenue amendment as well.
The states began acting like independent countries in foreign affairs: waging war, raising armies/militias, negotiating treaties, or refusing to adhere to federal agreements.
Shay’s Rebellion represented a brief armed uprising of property owners suffering from the economic distress caused by Congress’ financial inaction.
For a fuller account, pages 41–42 in the source are referenced.
The Movement Toward A New Constitution
Calls for reform of the national government led to the Constitutional Convention (May 25, 1787 – September 17, 1787).
Delegates from all states gathered to draft a new constitution to replace the Articles.
While there was broad agreement that reform was needed, there was disagreement on scope and form of reform.
Roger Sherman and others favored limited reforms; James Madison championed a comprehensive revision.
Conflict at the Constitutional Convention: The Virginia and New Jersey Plans
Virginia Plan: central government with a bicameral legislature, an executive, and a judiciary; representation in Congress based on population; larger states would have more influence; stronger central government could veto state acts.
New Jersey Plan: unicameral Congress with each state having one vote; favored by smaller states who feared domination by larger states; sought federal powers over taxation and commerce and stronger enforcement over states.
Hamilton’s Plan proposed a constitutional monarchy but failed to gain support.
The Connecticut Compromise (July 16, 1787)
Resolved the impasse over representation.
The lower house (House of Representatives) would have proportional representation based on state population; the upper house (Senate) would have equal representation for each state.
Members of the House would be directly elected by individuals in districts; Senators would be chosen by state legislatures.
All bills for raising or spending money would originate in the House; the Senate would not be able to amend these revenue bills.
Constitutional Convention: Powers of Congress and the Committee of Detail
There were concerns about the Virginia Plan’s vague language; a Committee of Detail drafted more precise language.
The Committee approved 17 powers for Congress, including the power to tax, regulate commerce, and the Necessary and Proper Clause.
Limits on congressional power included: no prohibition on the importation of slaves before 1808; a minimal tax of 10 dollars per person; an export tax was prohibited.
Constitutional Convention: Federalism and the Supremacy Clause
Federalism positioned the national government as based on the people, with powers enumerated in the Constitution; states retained police powers to handle internal matters.
Madison’s proposed clause allowing Congress to veto state laws conflicting with federal law was not adopted; it was replaced by the Supremacy Clause.
The Supremacy Clause states that the Constitution and federal laws are the supreme law of the land.
Under the Constitution, states were prohibited from coining money, making anything other than gold or silver acceptable in paying debts, and passing laws interfering with contract obligations.
Constitutional Convention: The Executive
Delegates worried about concentrating power in a single body (Congress) and about state legislatures’ abuses.
Debates on executive structure:
Franklin, Randolph, & Mason proposed a legislature electing the chief executive with an executive council to disperse power.
Madison, Hamilton, Washington, Morris, & Wilson proposed a single executive elected by the people (directly or indirectly) to check legislative power.
June 4, 1787: the Convention voted for a single executive but could not decide power scope or selection method.
1787 proposals included: a Presidential election via an Electoral College; electors chosen according to state determinations; number of electors equal to total representation in Congress; a majority of electoral votes would decide the president, with the runner-up becoming vice president; if no majority, the House of Representatives would choose the president from the top 5 vote-getters.
Term: 4-year term with potential reelection; the president could veto congressional legislation and serve as commander-in-chief; treaties and other appointments required the advice and consent of the Senate.
Constitutional Convention: The Judiciary
Two major disagreements:
The extent of the federal judiciary and its impact on state courts.
Whether to establish a hierarchical federal judiciary as a check on state legislatures.
Compromise: establish a Supreme Court and allow Congress to establish inferior courts.
Selection of judges: the Virginia Plan favored Congress electing judges; concerns about impartiality led to rejecting that approach.
Compromise: the President would appoint Supreme Court justices with the advice and consent of the Senate.
Constitutional Convention: Judicial Checks and Rights (Article V and Early Protections)
Judicial checks on the federal government included prohibitions on bills of attainder and ex post facto laws.
Bill of attainder: a legislative act declaring individuals or groups guilty without a trial.
Ex post facto laws: retroactive criminal liability or punishment for acts that were legal when committed.
The Constitution guaranteed the right to trial by jury in all federal criminal cases and the right to petition for writs of habeas corpus (suspension allowed during rebellion or invasion).
No Bill of Rights was included in the original Constitution; many delegates believed state constitutions’ protections sufficed. The Constitution would later be amended through Article V to incorporate the Bill of Rights.
Ratification of the Constitution
September 17, 1787: the Constitution was presented to the delegates for final approval before sending it to the states.
39 of the 42 delegates signed the Constitution.
Ratification required 9 states, the same threshold used to pass major legislation under the Articles.
State ratification would occur via state conventions, not state legislatures, due to concerns about conflicts of interest among legislatures.
Anti-Federalist Argument
Anti-Federalists believed the Constitution granted the federal government too broad and ambiguous powers.
Main concerns:
The radical nature of the Constitution and potential loss of liberties and state autonomy.
Fear that Congress and the federal government would have too much power and be distant from the people.
Richard Henry Lee argued that the Articles (a loose confederation) better preserved state sovereignty and political equality.
The size and scale of the federal government could foster divisive, distant governance.
Democratic representation concerns: fear of aristocratic or monarchical tendencies and the absence of a Bill of Rights.
The Federalist Argument
The Federalist Papers served as the primary defense of the Constitution.
Responses to Anti-Federalist concerns:
The extended republic would prevent majority tyranny by dispersing power and diluting faction influence.
The larger republic would protect individual rights by preventing pure majoritarian rule and corruption.
Republican representation would rely on indirect representation to produce responsible leadership less swayed by momentary public opinion.
The Constitution’s limited powers and the federal system would keep rights secure; state bills of rights plus protections within the document were deemed sufficient at the time, reducing the perceived need for a national Bill of Rights.
Ratification and the Birth of the American Republic
Delaware was the first to ratify on December 7, 1787.
The nine-state threshold was reached when New Hampshire ratified on June 21, 1788.
Rhode Island was the last state to ratify on May 29, 1790.
George Washington was unanimously elected (via the new Electoral College) on April 30, 1789.
James Madison originally drafted 200 amendments but narrowed them down to 19 for consideration.
Of Madison’s proposals, 12 were presented as amendments; Congress proposed and ratified 10 as the Bill of Rights.
The Bill of Rights became part of the Constitution on December 15, 1791.
Connections and Real-World Relevance
The shift from a looser Articles framework to a stronger, checks-and-balances Constitution reflects enduring debates about centralization vs. state sovereignty, representation, and protection of individual rights.
The Connecticut Compromise established a workable bicameral structure that balanced large and small states, a pattern seen in many other federations and republics.
The Federalist and Anti-Federalist debates illustrate perennial tensions between liberty and order, majority rule and minority protections, and the role of indirect representation in safeguarding a republic.
The inclusion of the Supremacy Clause and the later Bill of Rights demonstrates the evolution of constitutional law to address legitimacy, constraints on central power, and the protection of civil liberties.
Key Dates (for quick reference)
1776-06-12: Committee appointed to draft the Articles of Confederation
1777-11-15: Articles adopted by Congress and sent to states
1781-03-01: Maryland is last state to ratify the Articles
1783-09-03: Treaty of Paris ends the American Revolution
1787-05-25 to 1787-09-17: Constitutional Convention in Philadelphia
1787-09-17: Constitution signed by 39 of 42 delegates
1787-12-07: Delaware ratifies the Constitution
1788-06-21: New Hampshire ratifies, establishing the nine-state requirement
1790-05-29: Rhode Island ratifies, finalizing states’ access to Constitution ratification
1789-04-30: George Washington inaugurated as first President
1791-12-15: Bill of Rights becomes part of the Constitution
Connections to Foundational Principles
Federalism: division of powers between national and state governments, with checks on national power.
Separation of powers: legislative, executive, and judicial branches provide mutual checks.
Popular, limited government: representation and constitutional constraints aim to prevent tyranny and protect liberties.
Rule of law: the Supremacy Clause and subsequent Bill of Rights anchor the legitimacy and limits of government action.
Practical and Ethical Implications
The fear of centralized power vs. the need for a capable national government to manage debt, defense, and interstate commerce.
Debates over representation and how to balance the influence of large vs. small states have long-term implications for political equality.
The initial absence of a Bill of Rights reflects a constitutional compromise, followed by a deliberate process to protect individual liberties through subsequent amendments.
Key Concepts, Terms, and Definitions
Federalism, Unicameral vs. Bicameral Legislature, Supremacy Clause, Necessary and Proper Clause, Checks and Balances, Electoral College, Veto, Treaty-making power, Habeas corpus, Bills of Attainder, Ex post facto
Formulas and Numbers (summarized in LaTeX)
The number of states required to pass major measures: 9
Unanimous consent required to amend there Articles: 1 (all states)
Slavery importation clause in the 1787 framework: no importation prohibition before 1808
The initial strength of ratification was tied to the number of states, i.e., 9 states needed for approval
The Bill of Rights comprises 10 amendments adopted in 1791
Summary Takeaway
The Articles of Confederation created a deliberately weak central government to preserve state sovereignty, which led to governance problems and financial crises.
The Constitution established a stronger federal framework with checks and balances, a representative structure designed to balance interests of big and small states, and protections for fundamental liberties that would be further codified in the Bill of Rights.