The Constitution 1783-1791

The Articles of Confederation served as the first constitution for the United States, created in 1777.
Title: Articles of Confederation, which is a synonym for an alliance among states.
- Confederation indicates a union of states rather than a central government, suggesting individuality among states.

Context of the creation of the Articles:
- The United States declared independence from Britain in 1776.
- This was followed by the development of the Articles in 1777.
The aim was to construct a government that avoided the pitfalls of British governance, which was deemed too powerful.

The national government was designed to be weak intentionally to avoid central authority issues.
Major limitations:
- No power to enforce laws at the state level; the states had autonomy to ignore national laws.
- No power to levy taxes or regulate foreign trade.
- This lack of authority led to substantial issues regarding governance and effectiveness.

Various challenges emerged post-revolution (e.g., Shays’ Rebellion).
- Veterans faced economic hardships, and many had not been compensated for their military service by the national government.
- States, such as Massachusetts, raised taxes leading to economic distress among veterans.
- Daniel Shays and fellow veterans rebelled against the government.
Due to limited federal power, the rebellion was quelled only through state action.

Amendments required unanimous consent from all 13 states, making changes nearly impossible.
The weaknesses of the Articles led to calls for a new governing framework.

Significance: Established a framework for westward expansion and state creation.
- The ordinance provided that territories could become states once a population of 60,000 was achieved.
- Important: These new states would maintain equal rights and not be inferior colonies, marking a departure from colonial practices.
- It also set a precedent for future statehood and territorial governance (significant for states like Ohio, Indiana).
- Prohibition of slavery in the Northwest Territory, establishing a divide between free and slave states in future developments.

Territorial implications:
- Northern states primarily became free states, while Southern states expanded as slave states.
- These developments hinted at future conflicts about slavery in the U.S., with growing tensions between the regions.

Highlighted the distress and economic plight of war veterans, causing unrest.
Led to further criticism of the Articles of Confederation, eventually galvanized support for a stronger federal government.

Convened in 1787 to address the inadequacies of the Articles.
Key figures present:
- Benjamin Franklin, George Washington, Alexander Hamilton, James Madison (the principal architect of the Constitution).

Madison's Virginia Plan outlined a strong national government structure.
- Proposed a bicameral legislature with both houses based on population.

Great Compromise:
- Established the structure of Congress, balancing representation between large and small states.
- The House of Representatives is based on population while the Senate features equal representation (2 per state).
Three-Fifths Compromise:
- Counted slaves as three-fifths of a person for representation purposes in the House of Representatives and the Electoral College.
- This provision highlighted the contentious issue of slavery and representation.

Madison advocated for a system to prevent any one branch from gaining excessive power, resulting in:
- Division into three branches: Executive (President), Legislative (Congress), and Judicial (Supreme Court).
- Mechanisms established to allow each branch to check the powers of the others, ensuring accountability and balance.

Laws require majority approval in both houses of Congress and presidential consent.
Presidential veto can be overridden by a two-thirds majority in Congress, emphasizing checks on executive power.
Judicial branch can rule on the constitutionality of laws through a process known as judicial review.

Following the Constitutional Convention, individuals who supported the new Constitution were known as Federalists (e.g., Madison, Hamilton).
Federalist Papers were authored to promote and defend the Constitution.
Opposition (Anti-Federalists) consisted of individuals like Patrick Henry who feared a strong federal government and advocated for the inclusion of a Bill of Rights to protect individual liberties.

Madison negotiated the inclusion of the Bill of Rights as a compromise to secure ratification.
The Bill of Rights includes the first ten amendments, protecting various civil liberties such as freedom of speech, press, assembly, and protection against unreasonable searches.
Amendments nine and ten elaborate on the nature of rights retained by the people and the limits of government power.
- Ninth Amendment: Enumerated rights should not be interpreted to deny others retained by the people.
- Tenth Amendment: States retain powers not delegated to the federal government.

The Articles of Confederation provided a foundation, but ultimately revealed significant weaknesses prompting the drafting of the Constitution.
The Constitution, marked by compromises, established a strong federal system while attempting to balance power among state and federal authorities.
The Bill of Rights addressed fears of an overpowering government, protecting essential individual liberties even amidst its need for stronger governance.