Comprehensive Study Notes on the Post-Revolutionary Period and the Drafting of the US Constitution
Course Expectations and Paper Guidelines
- Written assignments should be composed for an interested, literate audience, providing thorough content without overly stripping away key details.
- A formal thesis or elaborate introduction is not strictly required; one or two introductory sentences are sufficient to establish context.
- Concluding summaries are optional.
- There is no strict rule regarding paper length; effective submissions often range from 2 pages to 6 or 7 pages, whereas a half-page submission is insufficient given open-note conditions.
- Student preparation requires organizing class notes systematically prior to paper submissions.
- Key class milestones include reviewing rough drafts on scheduled Mondays and Fridays, evaluating discussion topics such as Chapter 8 of Birkin (focusing on slavery during the American Revolution), and completing peer reviews.
Post-Revolutionary War Diplomacy and Territorial Boundaries
- In the 1783 Treaty of Paris concluding the American Revolutionary War, American negotiators successfully played Kingdom of France and Great Britain against each other.
- European power dynamics resembled a Cold War between France and England, making the United States a valuable potential ally or neutral party.
- Benjamin Franklin served as a primary negotiator in securing favorable peace terms from the British.
- France gained minimal land despite assisting the American war effort.
- The newly established boundaries of the United States extended east of the Mississippi River, incorporating territories that became Tennessee, Kentucky, Alabama, and Mississippi.
- Key territories not acquired by the United States in the 1783 settlement included Florida (returned to Spain), Louisiana, and New Orleans.
Governance Under the Articles of Confederation
- The Articles of Confederation served as the initial governing framework of the United States, operating from 1781 until superseded by the Constitutional Convention in 1787.
- Under the Continental Congress, each state maintained equal representation regardless of geographic size or population.
- Primary power resided within individual states, which were viewed as small sovereign republics loosely bound within a confederacy.
- Contemporary political theory held that liberty and republican government could only endure within small geographic entities.
- The central national government possessed authority to negotiate foreign treaties, though it lacked the mechanisms to enforce them effectively.
- The central government lacked the power to levy taxes directly and relied on voluntary requisitions ("fundraising") from individual states to obtain revenue.
Economic and Financial Instability in the 1780s
- The Revolutionary War was financed through three primary mechanisms: borrowing money, levying state taxes, and printing paper currency.
- Widespread issuance of debt certificates and bonds by both state governments and the Continental Congress created financial volatility because the central government lacked tax revenue to pay off national debts.
- Proposals to enact a national import tariff required a unanimous vote of all states in the Continental Congress and were repeatedly blocked by Rhode Island.
- Attempts to raise revenue through Western land sales were hampered because powerful Native American/Indigenous nations resisted American expansion, resulting in major military defeats for underfunded United States forces in the late 1780s and early 1790s
- Individual states enacted distinct commercial navigation acts and issued their own depreciated paper currencies, severely disrupting interstate and international trade.
- Debt servicing remains fundamental to national creditworthiness; failure to satisfy debts leads to high interest rates or denial of credit (contrasted with the modern United States national debt exceeding 40 trillion dollars).
Sectional Divisions and Foreign Impediments
- Control of New Orleans and the Mississippi River served as a vital trade conduit for American territories west of the Appalachian Mountains (such as the Ohio River basin).
- Land transport across the Appalachian Mountains was economically prohibitive, and northern water routes lacked necessary canal infrastructure around obstacles like Niagara Falls.
- Spain controlled the Port of New Orleans and periodically barred American commercial access.
- The Jay-Gardoqui negotiations highlighted growing sectional tensions: Spain offered trade concessions benefiting Northern merchants in New England and New York while continuing to restrict Southern and Western access to the Mississippi River.
- Great Britain prohibited American merchants from trading with the British West Indies.
- The central government could not retaliate against British imports (such as manufactured clothing, fine china, silverware, and jewelry) because Southern states could block commercial trade retaliations under the Articles of Confederation voting rules.
Shays' Rebellion (1786–1787)
- Shays' Rebellion occurred in Western Massachusetts during 1786 and 1787
- The uprising stemmed from Eastern Massachusetts political dominance, unequal legislative representation, land speculation by Eastern elites, and heavy state tax demands payable strictly in gold and silver (specie).
- Armed groups of farmers and Revolutionary War veterans, led by Daniel Shays, forcefully shut down local county courts to halt foreclosure proceedings on farms.
- Rebels attempted to seize the federal armory located at Springfield, Massachusetts.
- The rebellion was suppressed by a privately funded army raised by Eastern merchants.
- The crisis created widespread fear among political leaders that civil order was collapsing across all states, serving as a primary catalyst for calling the Constitutional Convention.
The Constitutional Convention of 1787
- The convention was organized as an elite-driven reform effort led by national visionaries, including Alexander Hamilton and James Madison.
- Alexander Hamilton, a former military aide to George Washington who married into prominent New York society, described the untapped national potential of the United States as "Hercules in a cradle."
- Delegates publicly framed the gathering in Philadelphia as a minor meeting intended solely to revise the Articles of Confederation and regulate trade, masking their plan to construct an entirely new national framework.
- George Washington agreed to attend and was elected President of the Convention, granting instant national legitimacy to the proceedings.
- To prevent media panic and open political sabotage, delegates enforced strict secrecy, leaking no details of their daily debates to the press or public.
Debates, Structural Plans, and Constitutional Compromises
- James Madison presented the Virginia Plan, which proposed a powerful central government that heavily reduced state authority:
- Proportional representation based on population in both the upper and lower legislative houses.
- Federal legislative veto power over state laws.
- An executive serving a single 6-year term.
- Smaller states threatened to withdraw from the convention to preserve state sovereignty.
- The Great Compromise (Connecticut Compromise) resolved the deadlock by establishing a bicameral legislature:
- Senate: Equal representation with 2 senators per state.
- House of Representatives: Proportional representation based on state population.
Enumerated and Implied Powers of the Constitution
- Article I, Section 8 expanded federal power through specific key clauses:
- Necessary and Proper Clause (Elastic Clause): Authorizes Congress to enact all laws necessary and proper for executing enumerated national powers.
- Currency Clause: Grants exclusive national power to coin money, regulate its value, and fix standard weights and measures.
- Commerce Clause: Grants federal authority to regulate commerce with foreign nations, among the several states, and with Native American tribes.
The Evolution of Executive Power
- Post-Revolutionary state constitutions originally created weak governors (or omitted executive branches entirely) out of fear of royal tyranny exemplified by King George III and royal governors.
- The legislative instability and financial chaotic policies of the 1780s convinced the Framers that a strong, independent executive was required.
- Constitutional powers of the President of the United States include:
- Commander in Chief of the military forces (checked by congressional funding power and statutory measures like the War Powers Act).
- Power to sign or veto congressional legislation, including the use of pocket vetoes.
- Issuance of executive orders.
- Appointment of Cabinet members, federal judges, Supreme Court justices, and administrative officials (subject to Senate confirmation).
- The President is chosen via the Electoral College system (a state-by-state, winner-take-all model in most states) rather than a direct national popular vote.
- In 1860, Abraham Lincoln won the presidency securing only 40% of the national popular vote due to Electoral College distribution.
- Modern executive responsibilities differ drastically from early presidential norms (e.g., Thomas Jefferson personally answering the White House front door) due to real-time strategic defense demands (such as ballistic missile response times) and mass media exposure.
- Originally, the Constitution set no limits on executive terms; the 2-term limit was enacted later following Franklin D. Roosevelt's 4 consecutive terms.
Constitutional Compromises on Slavery
- Article I, Section 9 (Importation of Persons Clause): Prohibited Congress from banning the transatlantic slave trade prior to the year 1808. In 1808, Congress formally abolished the foreign slave trade. South Carolina insisted on this clause to replenish labor forces lost during the Revolution prior to the widespread adoption of the cotton gin.
- Public and political attitudes sharply distinguished between domestic slavery and the extreme brutality of the international slave trade and Middle Passage.
- Article I, Section 2 (Three-Fifths Compromise): Resolved representation and direct taxation debates between Northern and Southern states by counting three-fifths of all enslaved individuals ("three fifths of all other persons," excluding non-taxed Native Americans) toward a state's total population for determining seats in the House of Representatives.