Experimental Period 1776 - 1789

America flexed it wings

American Revolution
was more of a domestic evolution of social custom; government and even gender roles.

*About 80,000 Loyalists left America caused leaving a weakened upper crust. (No Conservatives)

Result: A sweeping feeling of equality across the land

*Emergence of trade organizations for artisans and laborers.

*Property holding requirements were softened, not eliminated.

*Primogeniture disappeared.

*Feelings for Separation of church and state very strong.



*Declaration of Independence raised America's consciousness concerning slavery.

Continental Congress abolished slave trade and all states complied.

Some Northern states abolished slavery completely

Some Virginia plantation owners released their slaves

However

Inter-racial marriages laws did emerge in Virginia

Slavery was not abolished completely.

Reason

The Founding Fathers allowed the democratic fever to pass over slavery while they kept their fragile alliance together.


With Women - Democracy defined their roles as keepers of "civic virtue"

The idea of
"Republican Motherhood" took root - elevated women to the prestigious role of special keepers of the nation's conscience


Creation of State Governments

The Continental Congress in 1776 called upon the states to draft new constitutions.(to establish themselves as being new states)

Connecticut and Rhode Island revised their colonial charters to include the new democratic spirit.

Massachusetts contributed a special innovation when it called a special convention of representatives who drafted a constitution to be ratified by the people. Once adopted in 1780, it could only be changed by the convention procedure.


* This process was imitated later with the drafting and ratification of the Constitution.

* Massachusetts constitution is the oldest one of its nature

New state constitutions were similar

Fundamental Laws
superior to the transient whims of ordinary legislation

Bills of Rights
Protecting the individual rights and freedoms of its citizens against unfair laws

Annual election of legislators
- holders of the real power

Weak executive and judicial branches
** The fear of an all-powerful despot was felt
** The poorer western settlements now had a voice in the new democracy.

**

Economic Independence caused some immediate problems.

* Inflation
* Lack of Markets

* British Competition

There was a keen distaste for taxes and a resentment to authority

Loyalists lands were seized and parceled out preventing a whole scale revolt within the Revolution (avoiding what would later happen in France)





Articles of Confederation 1781
"A firm league of friendship"


Adopted by Congress in 1777, finally approved of by 1781

-No executive branch; the judiciary was left to the individual states

State governments remained sovereign

Each state had a single vote (problem of population)

Strong State Governments prohibited the weak central govt. from:

1) regulating foreign and interstate commerce
2) enforcing acts of the Congress
3) having a national court system
4) the central govt from passing necessary laws
also
5) unanimity was needed to amend the articles

The national government in Philadelphia could advise, recommend and request(govt by supplication)


Problem - Land holdings of the states
(During and after the War)

States held on to land east of the Mississippi River

Equity problem between large and small states
(taxation, wealth)

Solution is giving control to Congress and everyone signs the Articles of Confederation
(Protection during the War)

Land Ordinance of 1785 - the area of the Old Northwest should be sold and the proceeds used to pay off the national debt (640 acre parcels or 1 square mile)

Northwest Ordinance 1787-
as proposed by Thomas Jefferson

1. Territorial stage under the control of the Government. It named the Governor, a secretary, 3 judges


2. Territory with 5000 people could elect a legislature and govern themselves

3. After 60,000 people a territory could apply for statehood and be admitted to the union as an equal



"A little rebellion now and then is a good thing, and as natural in the political world as storms in the Physical.....It is a medicine necessary for the sound health of government."
--- Thomas Jefferson



Shay's Rebellion - brought on by an ineffective central government's ability to regulate commerce and deal with local problems.


During the severe economic depression after the Treaty of Paris in 1783

States taxed each other. How much is a NY dollar worth? A Conn. dollar?

Inflation and of course, farm debts

Interstate squabbling over commerce became a major problem. In 1786, Virginia and Maryland met and resolved commerce problems successfully(with Washington's help)

A convention of all the states was called at Annapolis, Maryland

Only 5 states were represented.

Alexander Hamilton drafted a report calling Congress (in NY City) to summon a convention in Philadelphia the following year. Purpose was to revise Articles of Confederation.






The Philadelphia Convention aka
The Constitutional Convention
May 25, 1787

74 delegates were elected, only 55 attended the Convention.
Rhode Island was not represented

55 of the most remarkable men ever assembled. (A convention of "demigods" ....Thomas Jefferson)

*Many had played active roles in leading the Revolution;
*fought in the War for Independence;
*served in the Continental Congress;
George Washington was
unanimously elected President
of the Convention.

Absent from the convention were
Jefferson, Adams, Paine


Sam Adams, John Hancock, Richard Henry Lee not elected

Patrick Henry "I smell a rat"

Sessions were held in complete secrecy with armed sentinels at the door of the Philadelphia statehouse

James Madison became floor leader in his Notes gives us a record of the convention.

Average age - 42
They were nationalists in nature; preserving the new Republic

Bottom Line - they wanted it to work!

Their Purpose:
Revise the government so it could
1) regulate trade
2) coin money
3) enforce acts

**Virginia delegate Edmund Randolph's
May 30th resolution was approved.**
That a new national government be established with a supreme Legislative, Executive, Judiciary

No longer were they there to revise the Articles of Confederation but here to create a new Republic


Everyone gave up a little and no one received everything.

3 Major Compromises of the Convention

1)The Great Compromise

The Virginia Plan -
a favorite of the larger more populated States - written by Madison, presented by Randolph

a) bicameral legislative body resembling the Virginia's Colonial Congress

b) representation would be based on population and money


The New Jersey Plan
a favorite of smaller and less populated States written by William Patterson

a)unicameral Congress representing each State equally.
b) a plural executive branch

Connecticut Compromise
Sherman, Johnson, Ellsworth

1. Bicameral Legislative body
a) Senate - Equal representation
b) House of Representatives- representation based on population

2. An Executive Branch to enforce the laws

3. A Judiciary Branch to uphold the laws


Executive Power is consolidated within the President.
He has:

a)The power of appointment
with the advise and consent of the Senate

b)Civilian Commander-in -Chief of the military

The system of checks and balances prevents any branch of dominating the national government



2) The 3/5ths Compromise
- Slaves were counted as
Three- Fifths a person when a States population was calculated. They, however, would be counted this way when taxes were levied by Congress.

3rd)The Slave Trade Compromise
The Federal Government could control National Trade but would not tax exports from the States or interfere with Slave Trade for at least 20 Years.

* * *

Types of Government
Federalism
strong central government that binds individual states

Confederation
- loose organization of independent, sovereign states



**

Federalists - Hamilton, Madison, Jay
* stressed and exposed the weakness of the Articles of Confederation. The new government needed:
1) power to control interstate commerce
2) the power to tax
3) a Federal Court system
4) easier amending process

* Federalists rationalized that the new Republic would only work if all the States would ratify the new Constitution.



Anti-Federalists
- Richard Henry Lee Patrick Henry, John Hancock,Sam Adams
Objected to:
1) a strong Executive
2) Federal Taxing
3) diminished state Power
4) the absence of a Bill of Rights in the document
Also they protested

The absence of any mention of God.
The denial of printing money to the States.
Increased power of central govt
The 9/13 Ratification process


The Constitution was sent to the states for approval.

By June 21, 1788, 9 States had Ratified the new Constitution.
A majority, but not New York and Virginia.


There was a fear of the document that was being produced at the convention
-strong state's rights advocates
enlisted poorer class of Americans into their anti-federalist ranks

Supporters of the Constitution tended to be educated and wealthier and supported the government of the rich and well-born


George Washington and James Madison urged a reluctant Thomas Jefferson into supporting the new document. He agreed and Virginia ratified the Constitution June 25, 1788.

New York remained uncommitted to the new Constitution with organized
anti-federalist opposition led by Governor George Clinton, and delegates Robert Yates, John Lansing


The Federalist - Essays written by Hamilton, Madison, and Jay that were published by the New York Press urging the New York State Legislature to adopt the new Constitution.
New York ratified it July 26, 1788.


The Fear of anarchy(Shay's Rebellion)
was a 56th person at the convention. The Framers all wanted a stronger practical government

-Federal Judges were appointed for life


-the executive power of the government rested with the President who was indirectly elected by the people (Electoral College)

-Senators were indirectly chosen by state legislatures

-House of Representatives
were directly elected by the people




James Madison would author The Bill of Rights in order to insure that the new Federal Govt would protect the Individual Rights of American Citizens, formally the responsibility of the States.

North Carolina and Rhode Island did not ratify the Constitution until it was already in operation

***