Forging a National Republic,

1776 1789
The United States in 1783
Western Land Claims Ceded by the States
Forging a National Republic,
17761789
Agreed new nation should be a republic
(government based on consent of people)
But disagreed strongly and at times
violently on how to implement this republic
Besides government structure, debated how
many Americans to include in republic
Debated how to inculcate virtue required for
Republics survival
Creating a Virtuous Republic
Threedifferent definitions of republicanism
1. classical theory asserts a republic requires
self-sacrifice, consensus, and an aristocracy
of merit
2. using Smiths ideas, stress that republic needs
individuals to pursue their rational self-
interest
3. last definition rejects deference w/ egalitarian
proposal to widen male political participation
Elite advocate #1 and #2; not usually #3
The First Emancipation
During revolution, some slaves appealed
for release based on revolutions ideals
Most of north began to end slavery in
late 1700s (free children when become
adults)
Some southern states relaxed
manumission laws, but not SC or GA
Most African Americans still slaves
(89%, 1800), but free blacks increased in
number
Racist Theory
To solve conflict w/ revolutions ideals,
slaveowners began to argue that people
of African descent are less than fully
human
White and black gained definition
and transform earlier free / slave
division
Influenced by revolution, whites see
themselves as a distinct group
African Americans forged new identity
Republic for White Men Only
Blacks challenged claims of inferiority,
but whites cling to racist notions
Women and people of color (blacks
and Indians) excluded from political
activity
May be that expanding suffrage for
white males linked w/ exclusionfor
elite, better to widen participation to
some than risk poorer white males
allying w/ blacks, etc.
State Constitutions & State Governments
After 1776, drafting state constitutions took
priority over national government structure
Developed documents specifying structure
in special conventions and ratified by
electorate
Fears of tyranny shaped new state
structures: restricted governors;
strengthened legislatures
Lowered property qualification for voting;
reapportioned districts; enumerated rights
Articles of Confederation (Ratified, 1781)
At state level, early governments weak, but
revised (1780s) to strengthen governor and
incorporate checks and balances
At national level, similar process
Articles reflected how Continental Congress
evolved as national government by default
A unicameral legislature; each state had one
vote, 9 vote supermajority required for
most important laws, and unanimity among
states required for amendments
Articles of Confederation
Articles govt. had the powers to:
wage war, send diplomats to other
nations, make treaties, borrow money.
Articles govt. lacked the powers to:
regulate commerce, impose taxes,
enforce its own laws (no executive
branch).
Articles of Confederation
Successes under the Articles:
Winning the Revolutionary War
Land Ordinance of 1785: Congress
established a policy of setting aside land
in western territories for education.
Northwest Ordinance of 1787: Set rules
for creating new states in Great Lakes
region. Granted limited self-govt. to
developing territories and prohibited
slavery in the region.
Northwest Territory
Trials of Confederation
Lacking taxation powers, Congress
incurred debt and its currency depreciated
European powers had no respect for new
nation, and US lacked ability to gain
respect by paying debts, for example.
To guard their sovereignty, states blocked
enforcement of uniform commercial
policy and foreign treaties (prewar debts,
loyalists)
Result: Europeans discriminated against US
exports, and English kept troops on frontier
From Crisis to the Constitution
Americans who were active in finance, foreign
trade, and foreign affairs see problems w/
Articles
Revolution shifted trade to West Indies
(limited by British) and stimulated domestic
manufacturing
Reformers at Annapolis (1786) called for
special meeting in 1787 at Philadelphia
Shays Rebellion (17867) scared elite; Shay
linked uprising by poor farmers w/ Revolution
The Constitutional
Convention was a large
meeting held in
Philadelphia, Pennsylvania
at Independence Hall from
May of 1787 to Sept. to
1787 where 55 delegates
representing their states.
They came to revise,
change or throw out the
A-O-C and write a new
Constitution.
Framers
Representatives
who wrote the
Constitution
President of the
Convention
George
Washington
Father of the
Constitution
J ames Madison
Father Figure
Ben Franklin
Constitutional Convention (1787)
Madison was a central figure, very prepared
for meeting, and Virginia Plan embodied his
ideas
Strengthened US government; prevented
tyranny w/ checks and balances, and large
republic
VA Plan upset small states because new
government was so strong and large states
favored
NJ Plan called for revising Articles differently.
Virginia Plan proposed by
the larger states
Establish a national
government with 3
branches.
Establish a bicameral
Congress.
People elect 1 house
That house elects 2
nd
house
Representation in both
houses based on state
population
New Jersey plan proposed by
small states
Establish a unicameral
Congress
Each state to have 1 vote
Equal representation
States equally represented
similar to the Articles of
Confederation
Issues of representative government would be argued at
Constitutional Convention
Constitutional Convention
Compromise between two plans
2-house legislature: House directly
elected and w/ proportional
representation; Senate elected by state
legislatures2 per state
Slavery linked to new government:
3/5ths clause affects representation in
House and Constitution protects
slavery
Constitutional Convention
Enumerate new powers for US Government
(tax, commerce) and Supremacy Clause
Charge president w/ foreign affairs, C-in-C
Delegates do not want the people to elect
directly either president or senators
Separation of powers within US
Government and between USG and states
prevents tyranny
THE CONSTITUTION: A LESSON IN
COMPROMISE
Whenever people must decide important
issues- especially if they are in large
groups and have diverse interests-
compromise must be reached if agreement
is to occur. Need for compromise was clear
in the case of the Constitution with
delegates from all across the nation
bringing with them different needs and
beliefs.
THE CONSTITUTION: A LESSON IN COMPROMISE
ISSUE 1: POWER FOR THE NATIONAL
GOVERNMENT
The amount of power for the national
government was a point of contention at
the convention. Many feared a national
government as a threat to liberty, but most
wanted a more powerful government than
had existed under the Articles.
THE CONSTITUTION: A LESSON IN
COMPROMISE
THE COMPROMISE
Federalism: Some powers under the
Constitution were given to the national
government, while some were reserved
for the states, and others were shared.
Power shared is power limited.
THE CONSTITUTION: A LESSON IN COMPROMISE
ISSUE 2: REPRESENTATION OF THE STATES
IN THE LEGISLATURE
Large states wanted representation based on
population- because this would give them
more representatives and would allow them to
control votes in the legislature. Small states
wanted representation to be the same for all
states- which would help them defend
themselves against the big states in the
Congress.
THE CONSTITUTION: A LESSON IN
COMPROMISE
THE COMPROMISE
The Great Compromise: Congress was
made bicameral (having two houses) by the
convention, and in one house (the House of
Representatives) representation was based on
population, while in the other (the Senate)
each state had two representatives.
THE CONSTITUTION: A LESSON IN COMPROMISE
ISSUE 3: SLAVERY
Some Northern states were moving in the
direction of abolition by 1787 since they did
not need slavery economically. Southern
states still very dependent upon the institution.
The South was less populated than the North,
and Southerners wanted to count slaves in
their population when determining the
representation. Northerners objected to this.
THE CONSTITUTION: A LESSON IN
COMPROMISE
THE COMPROMISE
The Three-Fifths Compromise: Under this
agreement, 3/5 of the slaves would count for
determining representation. Also, as a part
of the general compromise on the slavery
issue, Congress could not forbid importation
of slaves until 1808, but after that the slave
trade could be ended.
THE CONSTITUTION: A LESSON IN COMPROMISE
ISSUE 4: DEMOCRACY
Democracy was not yet a positive term in
America in 1787. Many considered
democracy to mean mob rule. There was
growing sentiment, however, especially in
the South, that the common man should
have a powerful voice in government.
THE CONSTITUTION: A LESSON IN
COMPROMISE
THE COMPROMISE
The creation of a Constitutional Republic: Under
the Constitution (as written in 1787), the people
elected their Representatives to the House directly,
but elected their Senators and President indirectly.
All of these individuals, however, no matter how
elected, could not enforce the will of the people if it
violated the Constitution. The Constitution was
established as a mechanism to defend minorities
against the majority.
THE CONSTITUTION: IMPORTANT ASPECTS
EXPRESSED POWERS
The national government has definite
powers and these are listed in the
Constitution. The Framers intended this
to be a double-edged sword: the
government was to have those powers
listed, but not powers not listed. This
structure provides the national
government with both strength and
limitation.
CONSENT OF THE GOVERNED
Various mechanisms were set up in the
Constitution which gave the people of America
a voice in their government.
Direct vote (House of Representatives),
Indirect vote (Senators and the President),
Ratification of the Constitution was done
with the influence of the people.
Through these the Constitution became a
document that was derived from the people, not
the states.
THE CONSTITUTION: IMPORTANT ASPECTS
Through elections citizens choose
who will represent them in national,
state, and local governments.
FEDERALISM
Federalism is a system of sharing powers
between national and state governments.
Some powers are held exclusively by the
national government, some exclusively by
the state governments, and some powers
are shared. This provides both national
and state governments with some source
of strength, and also limits each.
THE CONSTITUTION: IMPORTANT ASPECTS
CHECKS AND BALANCES
The national government has three
branches, and each branch has listed
powers. Among those powers are
some that can be used as a restraint
on the other branches. Again, both
power and limitation results.
THE CONSTITUTION: IMPORTANT ASPECTS
and
Articles of Confederation Constitution
Levying taxes
Congress could request states to pay
taxes
Congress has right to levy taxes on
individuals
Federal courts No system of federal courts
Court system created to deal with
issues between citizens, states
Regulation of
trade
No provision to regulate interstate
trade
Congress has right to regulate trade
between states
Executive
No executive with power. President of
U.S. merely presided over Congress
Executive branch headed by President
who chooses Cabinet and has checks
on power of judiciary and legislature
Amending
document
13/13 needed to amend Articles
2/3 of both houses of Congress plus
3/4 of state legislatures or national
convention
Representation
of states
Each state received 1 vote regardless
of size
Upper house (Senate) with 2 votes;
lower house (House of
Representatives) based on population
Articles v. Constitution
Articles of Confederation Constitution
Raising an
army
Congress could not draft troops,
dependent on states to contribute forces
Congress can raise an army to deal
with military situations
Interstate
commerce
No control of trade between states
Interstate commerce controlled by
Congress
Disputes
between
states
Complicated system of arbitration
Federal court system to handle
disputes
Sovereignty Sovereignty resides in states
Constitution the supreme law of the
land
Passing
laws
9/13 needed to approve legislation
50%+1 of both houses plus signature
of President
Articles v. Constitution
Opposition and Ratification (1788)
Ratification required state conventions to
attain legitimacy for Constitution and bypass
state legislatures (We the People)
Extensive, heated debate; because many could
not vote, public protest part of debate
Federalists asserted new structure would
ensure republic w/ virtuous leaders of better
sort
Antifederalists stressed Real Whig fears of
centralized power; advocated strong states
Blue: Federalist
Tan: Anti-Federalist
Yellow: Evenly
divided
Green: Not
involved in
ratification
Federalist:
Alexander
Hamilton
Anti-
Federalist:
Patrick
Henry
The Federalist Papers
BILL OF RIGHTS: ANOTHER COMPROMISE
Many people and state ratifying
conventions feared the power that was
given to the new government. They were
also afraid that it would attract even more
power to itself as time passed unless
specific limitations were imposed. Some
states ratified under the condition that a
list of rights would be added to the
Constitution after the new government
was formed.
BILL OF RIGHTS: ANOTHER COMPROMISE
Some Federalists oppose B. of R. Hamilton
and Madison both. Reasons:
1.The Constitution contained protections for
key rights: habeas corpus, bills of attainder,
ex post facto, etc.
2.Because the states would have more contact
with people, it was more important for them
to safeguard rights in their constitutions.
States would be able to make laws about
many things; the national government about
only a few.
3.The main reasons for past bills of rights was
to protect people from a king.
BILL OF RIGHTS: ANOTHER COMPROMISE
4. Structure will limit govt. and protect
rights.
5. There was little reason to limit the
powers of government if it did not have
powers. Expressed powers concept.
6. Listing rights may be dangerous. If
rights are listed, the people and the
government may assume that anything
not listed is not a right of the people.
BILL OF RIGHTS: ANOTHER COMPROMISE
Politics of ratification demanded the addition of the
B. of R. Key states such as Virginia and
Massachusetts would not ratify without a promise
of the addition of such safeguards of liberty.
J ames Madison drafted twelve amendments that
were to be the Bill of Rights. Ten of these were
adopted by 1791. These 10 are what we now
know as the Bill of Rights.[1]
[1] One of the original 12 was recently ratified and added to
the Constitution. This amendment, which became part of the
Constitution due to Michigans 1992 ratification, limits the
ability of members of Congress to raise their pay during their
terms of office.
It is the responsibility of government to protect
the individual rights of its citizens.