Founding of American Government and the Articles of Confederation

Overview of the Articles of Confederation

• Established during the American Revolutionary War.
• National government was weak; states held most power.
  • From a confederation perspective, states acted like independent countries.
  • National government could not levy taxes or regulate trade.

Structure of the Articles of Confederation

• No executive branch; only a unicameral Congress.
• Each state had equal representation regardless of population.
• Laws required a supermajority (9 out of 13 states) to pass, and amending the Articles required unanimous consent.
• Resulted in difficulty passing laws and amending the Articles.

Problems Under the Articles of Confederation

• Lack of Revenue:
  • National government had no way to raise funds (e.g., could not impose taxes).
  • Faced massive debt from the Revolutionary War and unable to pay veteran bonuses.
• Currency Issues:
  • National government could coin money but could not enforce its acceptance; states created their own currencies.
• Trade Regulation Weakness:
  • National government could not regulate interstate or foreign trade.
  • States imposed tariffs on each other, disrupting the national economy.
• Foreign Relations:
  • Internationally, the national government struggled to enforce treaties due to lack of power over states.
• Fighting Rebellion:
  • No national army; Congress struggled to raise military forces.

Shays' Rebellion

• Catalyst for recognizing the ineffectiveness of the Articles.
• Led by Daniel Shays, veterans protested against foreclosures on loans due to unpaid war bonuses.
• Highlighted the inability of the national government to maintain order.

Constitutional Convention

• Convened to address issues stemming from the Articles of Confederation.
• Stated Purpose: Reform the Articles and strengthen the national government.
• Competing goals emerged:
  • Some wanted to amend, others aimed for a complete overhaul.

Competing Plans: New Jersey vs Virginia Plan

• New Jersey Plan (by Patterson):
  • Aimed to amend the Articles, keeping a unicameral legislature with equal state representation and limited new powers to raise revenue.
• Virginia Plan (by Madison/Randolph):
  • Proposed a powerful bicameral legislature with representation based on population.
  • Introduced a complete overhaul with an executive and judicial branch to strengthen national power.

Key Compromises

• Great Compromise:
  • Established a bicameral legislature (House based on population, Senate with equal representation).
  • The House would be elected by the people, Senate appointed by state legislatures.
• Three-Fifths Compromise:
  • Addressed how enslaved people would be counted for representation and taxation.

Principles of the Constitution

1. Federalism:
   • Power divided between national and state governments, ensuring that power isn’t overly centralized.
2. Separation of Powers:
   • Three separate branches (executive, legislative, judicial) prevent the concentration of power.
3. Checks and Balances:
   • Each branch has oversight over the others to prevent abuse of power (e.g., presidential veto, Congressional impeachment).

Conclusion

• New Constitution was ratified to replace the Articles of Confederation, shifting power dynamics in governance/federal structure.