Untitled document (5)

Introduction

• Today's lecture focuses on the creation of the US Constitution and its significance in founding the nation.

• Key themes include:

  • Debates regarding separation and division of powers.

  • Status of slavery in relation to the Constitution.

  • Challenges and uncertainties surrounding the ratification of the Constitution.

Fragile Foundation of a New Nation (1783)

• Post-independence concerns prevalent:

  • Diverse state laws leading to regional loyalties over national unity.

  • John Adams commented on the lack of a unified American identity.

• Significant questions emerged:

  • Course of development for the new nation?

  • Balance of local and national government authority?

  • Inclusion criteria for American citizenship?

The Articles of Confederation

Overview

• First written Constitution of the United States, established during the war for independence.

• Purpose: Formulate a framework for mutual defense.

• Declared the existence of a perpetual union among the states.

Weaknesses

• Limited power due to fear of centralized authority.

• Each state retained sovereignty, leading to a weak national government.

• Key powers included:

  • Declare war

  • Conduct foreign affairs

  • Make treaties

• Major limitations:

  • No executive branch

  • No ability to tax or regulate commerce

  • Required nine states' approval for decisions.

Achievements

• Established national land control, especially in western territories.

• Implemented the Northwest Ordinance, creating rules for admitting new states.

  • Important as it avoided creating an empire-like structure.

• Addressed the movement westward which was a critical goal for many settlers post-war.

• Prohibited slavery in the Northwest Territory, sowing seeds for sectional conflict.

Challenges of Governance

Economic Pressures

• Post-war economic depression affected merchants and farmers alike.

• Shays' Rebellion (1786-1787): Farmers protesting against tax seizures highlighted governmental weaknesses and fears of anarchy.

Calls for a Constitutional Convention

• Led by figures like James Madison and Alexander Hamilton to strengthen national authority.

• Resulted in the 1787 Constitutional Convention, attended by 55 delegates, aiming to discard the Articles of Confederation.

The Constitution Drafting

Structure of Government

• Proposed a tripartite system:

  • Legislative

  • Executive

  • Judicial

• Congress empowered to raise funds without state reliance.

• Focus on property protection and representation of the populace.

Compromise Between States

• Conflicts between large (Virginia Plan) and small states (New Jersey Plan).

  • Virginia Plan: Representation based on population.

  • New Jersey Plan: Equal representation for each state.

• Great Compromise established a bicameral legislature:

  • House of Representatives based on population.

  • Senate with two representatives per state.

Checks and Balances

• Established to prevent concentration of power within one branch:

  • Example: Congress can pass laws, but the president can veto them; a two-thirds vote in Congress can override a veto.

Slavery and the Constitution

• The Constitution referenced slavery indirectly, avoiding direct mention.

• Key clauses include:

  • Congress prohibited from banning the African slave trade for 20 years.

  • Fugitive Slave Act requiring return of escaped slaves.

  • 3/5 Clause counting enslaved individuals for representation and taxation.

Ratification Debates

Federalists vs. Anti-Federalists

• Federalist Papers promoted the Constitution as a protector of liberties.

• Anti-Federalists feared excessive concentration of power and lack of a Bill of Rights.

Bill of Rights

• Promised by Madison to gain support for ratification by guaranteeing fundamental liberties.

• First ten amendments encapsulate essential rights like freedom of speech and religion.

Inclusion and Exclusion under 'We, the People'

Defining American Identity

• Identity during the Revolutionary War based on opposition to British rule.

• The preamble's definition included only certain populations, excluding Native Americans and enslaved people.

Perspectives on Native Americans

• Discussions revolved around their status:

  • Assimilation or removal were suggested paths.

  • Jefferson believed they could be incorporated given time and cultural conformity.

Racial Constructs and Citizenship

• Legislative acts like the Naturalization Act of 1790 defined citizenship as exclusive to "free white persons."

• Controversial views on race led to enduring racial inequalities and a definition of American identity rooted in ethnicity.