The Constitution and Early Republic

Post-Revolution Expansion "The Critical Period" (1783-1787)

  • This period saw the U.S. operating without a unified constitution, relying instead on the weak Articles of Confederation.

  • During this time, individual states largely functioned as sovereign, independent nations.

  • The central government under the Articles requested 8 million from states to cover war debt but received only about 400,000.

  • Western Movement - Significant expansion into western territories beyond the Appalachian Mountains following the American Revolution, involving approximately 2 million people.

  • Northwest Ordinance (1787) - A legislative act defining the territory east of the Mississippi River and north of the Ohio River. It established a method for admitting new states to the Union and set the framework for governing the Northwest Territory.

    • Three-Step Plan for Statehood:

      • Congress appoints a territorial governor and three judges to govern the territory.

      • When the territory reaches 5,000 adult male residents, it can elect its own legislature and send a non-voting delegate to Congress.

      • When the territory reaches 60,000 free inhabitants, it can draft a state constitution and apply for statehood, which Congress must approve.

    • Key provisions also included guaranteeing freedom of religion and fair trial, barring the introduction of new slaves into the territory, and stipulating that Indian territory would not be taken without consent.

  • Southwest Ordinance (1790) - Applied to land south of the Ohio River and east of the Mississippi River. Similar in process to the Northwest Ordinance but notably allowed slavery.

  • Pinckney’s Treaty (Treaty of San Lorenzo - 1795) - Negotiated by Thomas Pinckney with Manuel de Godoy, this treaty established friendly relations and resolved various boundary issues between the United States and Spain.

    • Context for Negotiation: Spain, particularly its chief minister, Manuel de Godoy (the Spanish Prime Minister), was engaged in a war with Great Britain and feared a potential Anglo-American alliance which could threaten its North American possessions. Seeking to improve relations with the United States and strategically curb American expansionism in its borderlands, Spain was persuaded to negotiate, despite historical friction.

    • Key Issues and Resolutions:

      • Western Boundary: The treaty definitively established the southern boundary of the United States at the 31^\circ N parallel of latitude, a major point of contention given the vagueness or contested nature of this region in the Treaty of Paris (1783).

      • Mississippi River Navigation: Granted American farmers the crucial right to freely navigate the entire length of the Mississippi River, vital for westward expansion and trade for settlers relying on the river to transport goods to market.

      • Right of Deposit: Secured the "right of deposit" (the right to transfer goods without paying duties) at the port of New Orleans, then under Spanish control, for a period of three years, renewable. This was vital for American commerce coming down the Mississippi.

    • Significance: This treaty was vital for U.S. expansion, ensuring access to key trade routes and resolving significant territorial disputes with a major European power in North America, thus fostering economic development in frontier regions.

Geographic Claims and Cessions

  • Map of Territories - Overview of states with significant western claims and cessions during the period of expansion.

  • States with Cessions:

    • Massachusetts ceded land in 1785.

    • Connecticut ceded lands in 1786 and again in 1800.

    • North Carolina ceded land in 1790.

    • Virginia ceded lands in 1784 and 1792.

    • South Carolina ceded territory to Georgia in 1787.

    • Georgia ceded land in 1802.

  • Claimed Territories - Description of territories such as Florida (Spanish) and areas under British control after 1783.

Revolutionary Women

  • Key Figures:

    • Abigail Adams:

      • Wife to John Adams, married to a future president and mother to a future president (John Quincy Adams).

      • Wrote numerous letters to John Adams, advocating for women's rights and education, famously urging him to "remember the ladies." She also pushed for the abolishment of slavery.

      • Her efforts for women's increased rights did not immediately work.

    • Judith Sargent Murray:

      • From Massachusetts. Wrote essays, poems, and plays.

      • Her essay "On the Equality of the Sexes," written in 1779 and published in 1790, used Enlightenment arguments to advocate for women's intellectual equality and educational opportunities.

    • Mary Wollstonecraft:

      • A well-respected woman in England, whose daughter wrote "Frankenstein."

      • Her book "A Vindication of the Rights of Women," published in 1792, made many of the same arguments and points put forth by Judith Sargent Murray, emphasizing women's rational capabilities and right to education.

  • Discussion of Women’s Rights under English Common Law:

    • Generally, independent (unmarried or widowed) women possessed more legal rights than married women.

    • Married women (under coverture) could not sign contracts, own property independently, or keep their own wages.

    • Women were generally not allowed to vote, though there was a loophole in New Jersey allowing some propertied women to vote for a period.

    • Women generally could not initiate divorce without proof of extreme abuse or adultery in states that permitted divorce.

Republicanism and State Constitutions

  • Republican Government - Fundamental principles underlying the new state constitutions, focusing on popular sovereignty, elected representatives, and civic virtue.

  • Early examples of governmental frameworks:

    • Rhode Island Royal Charter (1663)

    • The Charter of the Colony of Connecticut (1662)

  • Fundamental Orders of Connecticut (1639) - The first written constitution in America, establishing a representative government.

  • The 1780 Massachusetts Constitution - This document further developed the Republican principles in governance.

The Question of Slavery

  • Justifications for the continuation of slavery during the founding period included:

    • Notions of racial superiority: Belief that Europeans were inherently superior to Africans, justified by European global dominance.

    • Inability to adjust: Arguments that freed slaves would not be able to adjust to European-style governance and society, leading to unemployment and homelessness.

    • Political necessity: The belief that states would refuse to unite under a federal government if slavery was not allowed to continue in some form, critical for national unity.

Precursors to the Constitutional Convention

  • Shays' Rebellion (8/1786-6/1787) - An armed uprising led by Daniel Shays of farmers in Massachusetts. They stormed courthouses in response to economic injustices and debt, emphasizing the weaknesses of the Articles of Confederation and the need for a stronger central government.

  • The Annapolis Convention (Sept. 1786) - Organized by Alexander Hamilton and James Madison to address trade and economic issues among the states. This convention called for a more robust federal government to address pressing issues such as the national debt and prevent future rebellions stemming from economic grievances, directly leading to the Constitutional Convention.

The Constitutional Convention

  • Timeline: May 25, 1787 - Sept. 17, 1787 - Gathering of the Founding Fathers to address the inadequacies of the Articles of Confederation.

  • Proposed Plans:

    • Virginia Plan (James Madison): Proposed a strong national government with a bicameral legislature, proportional representation, and a powerful executive.

    • New Jersey Plan (William Paterson): Suggested maintaining a unicameral legislature with equal representation for each state, favoring smaller states.

    • British Plan (Alexander Hamilton): Advocated for a strong centralized government resembling British governance, including a president and senators with life terms.

  • Connecticut Compromise (Roger Sherman) - Resolved disputes between large and small states by creating a bicameral legislature with proportional representation in the House of Representatives and equal representation (two senators per state) in the Senate.

  • Three-Fifths Compromise - Addressed the counting of slaves for taxation and representation, where 3/5 of the slave population would be counted for both purposes.

  • Discussion of Women's Rights - Debates on the status and rights of women during this period, though broad rights were not enshrined in the Constitution itself.

The Constitution

  • Philosophical Influences:

    • Montesquieu’s "The Spirit of the Laws" significantly influenced the Constitution’s design, advocating for separation of powers and checks and balances.

  • Ratification Dates: September 17, 1787 - Integral date marking the completion of the draft of the Constitution.

  • The Federalist Papers - A series of essays written by James Madison, Alexander Hamilton, and John Jay promoting the ratification of the Constitution, explaining its structure and defending its republican principles.

U.S. Constitution, Article 2, Section 2

  • President's Powers:

    • Commander in Chief of the Army, Navy, and Militia.

    • Power to require written opinions from executive department heads.

    • Grant reprieves and pardons, except in cases of impeachment.

    • Authority to make treaties with Senate's consent and nominate various officials (ambassadors, judges, etc.).

    • Fill vacancies during Senate recesses.

U.S. Constitution: Article 1, Section 8

  • Powers of Congress:

    • Taxation, borrowing money, regulating commerce, establishing naturalization rules, coining money, and maintaining Post Offices.

    • Authority to declare war and manage armed forces, raise a Navy, and regulate militias.

  • Necessary and Proper Clause:

    • Grants Congress the authority to make all laws "necessary and proper" for executing its enumerated powers, often referred to as the "Elastic Clause."

Ratification of the Constitution

  • Votes by State Ratifying Conventions:

    • Delaware: 30 for, 0 against (Dec. 1787)

    • Pennsylvania: 46 for, 23 against (Dec. 1787)

    • Massachusetts: 187 for, 168 against (Feb. 1788)

    • New York: 30 for, 27 against (July 1788)

    • Notable states and their votes to illustrate the debates surrounding ratification.

Bill of Rights – Amendments 1-10

  • Amendment I: - Freedom of religion, speech, press, assembly, and petition.

  • Amendment II: - The right to keep and bear arms.

  • Amendment III: - Protection against quartering of soldiers without consent.

  • Amendment IV: - Right to be secure against unreasonable searches and seizures.

  • Amendment V: - Protections against double jeopardy, self-incrimination, and guarantees of due process.

  • Amendment VI: - Right to a speedy trial and the right to counsel.

  • Amendment VII: - Right to trial by jury in civil cases.

  • Amendment VIII: - Protections against excessive bail and cruel and unusual punishments.

  • Amendment IX: - Non-enumeration of rights, provision that other rights exist despite not being listed.

  • Amendment X: - Powers not granted to the federal government are reserved for the states or the people.

Federalists vs. Republicans

  • Political Parties:

    • Federalists led by Alexander Hamilton.

    • Democratic-Republicans formed by Thomas Jefferson and James Madison.

  • Conflicts:

    • Northwest Indian War involving Miami Indians and leaders like Little Turtle and Blue Jacket.

    • St. Clair’s Defeat (11/4/1791) as an early setback for the U.S. in Indian relations.

    • The Battle of Fallen Timbers (8/24/1794) led by General Anthony Wayne, culminating in the Treaty of Greenville (8/3/1795) which ended conflict and ceded Native American lands to the U.S.

    • The Whiskey Rebellion (1791-1794) - A protest against federal tax policy by farmers in western Pennsylvania, significant in demonstrating the federal government's authority and ability to enforce laws under the new Constitution.

    • The Quasi War 1798-1800 - An undeclared naval conflict with France, leading to significant political and military maneuvers.

      • Noteworthy figures: Charles Cotesworth Pinckney and Prince Talleyrand.

      • Contextual backdrop for the XYZ Affair and the resulting Alien and Sedition Acts of 1798.

The Revolution of 1800

  • Election of 1800 - Key figures: Thomas Jefferson and Aaron Burr (both Republicans) versus Federalists John Adams and Charles C. Pinckney. This election marked the peaceful transfer of power from one political party to another.

  • Electoral Vote Breakdown:

    • Example breakdown of states and their electoral votes illustrating the tension between political factions and the eventual Republican victory.

Congressional Profiles and Changes in Membership

  • 6th Congress (1799-1801) - Total Membership: 106 Representatives, 1 Delegate.

    • Party Composition: 60 Federalists, 46 Democratic-Republicans.

  • 7th Congress (1801-1803) - Total Membership: 107 Representatives, 2 Delegates.

    • Party Composition: 38 Federalists, 68 Democratic-Republicans.

These notes provide an exhaustive reference for understanding the complex historical landscape of the post-Revolutionary period in America, the framing of the Constitution, and the associated political developments.