Ch.

9 The Confederation and the Constitution

A Revolution of Sentiments
American revolution was not a revolution in the sense of radical and
total change. It is more like a rapid evolution
The exodus of 80,000 loyalists robbed the state its conservative
powers, weakening the aristocratic upper crust
Equality was everywhere the watchword
Most states reduced property holding requirements for voting
The Anglican church is eliminated and became the Protestant Episcopal
church
The egalitarian sentiments challenged the institution of slaves
A fight over the slavery issue would have destroyed the newly
established union so the Founding Fathers did not bother
Democracy depends on unselfish commitment
Constitution Making in the States
Continental Congress was called again in 1776 in order to draft a
constitution
The sovereignty of states according to republicanism would rest with
the authority of people
Massachusetts contributed one especially noteworthy innovation when
it called a special convention to drafts its constitution and then
submitted the final draft directly to the people to ratify
o The Massachusetts constitution could only be change with
another one of those constitution convention
o United States later adopted this method
Constitution is aimed to represent fundamental law, superior to
ordinary legislation
The constitution created a weak executive and judicial department
because people distrusted despotic governors and arbitrary judges
Economic Crosscurrents
States seized control of former crown lands and divided them up into
smaller farms which accelerated the economic progress
A sharp stimulus was given to manufacturing with the prewar
nonimportation agreements
Economically, independence had drawbacks
o Much of the coveted commerce of England was still reserved for
the loyal parts of the empire
o Fisheries were disrupted and bounties for ships stores had
abruptly ended
America could not freely trade with foreign nations

Profits for some indecently are as high as 300 percent and the wealth
gap is increasing
Average citizen was probably worse off after the war than before

A Shaky Start Toward Union

It is very difficult to set up a new government let alone a new type of
government
Disunity between the thirteen colonies was the major problem
Hopeful signs
o Colonies are alike in their government
o Americans enjoyed a rich political inheritance
o Blessed with political leaders of high order in men like George
Washington, James Madison, John Adams, Thomas Jefferson,
Alexander Hamilton
Creating a Confederation
Shortly before declaring independence the Congress appointed a
committee to draft a written constitution for the new nation Articles
of Confederation
Chief discord was the western lands
o Land-hungry states argue that they have to tax their citizens
heavily in order to pay off debts while the land rich states could
just sell their land holdings
Solution to the western lands
o New York surrendered its western claims
o Congress pledged itself to dispose of these vast areas
o Fertile public lands thus transferred to the central government
proved to be an invaluable bond of the union states that threw
their heritage into the common pot had to remain in the Union to
enjoy the benefits
The Article of Confederation: Americas first Constitution
Article of Confederation provided some loose confederation or firm
league of friendship
There was no executive branch under the Confederation because they
detested George III
Judicial arm was left to the states
Each state had one vote regardless of population
Legislation required a two-third vote and any amendment to the
articles required a unanimous vote
The congress is rather weak
o No power to regulate commerce states can have conflicting
laws regarding tariffs

o Cannot enforce tax collection places a quota on each states

and ask for their contribution
Articles of Confederation was a stepping stone to modern day
constitution

Landmarks in Land Laws

Land Ordinance of 1785: acreage of the Old Northwest should be sold
and that proceeds should be used to pay off national debt
Land Ordinance of 1787: Creation of new states
The Worlds Ugly Duckling
Foreign relations was especially tough in the years of the confederation
Britain decline to make a commericial treaty or repeal its Navagation
Laws
British shut down their profitable West Indian trade from the United
States
United States decided to lower tarrifs to attract trade
Spain was openly unfriendly with the new Republic, they closed the
river to American commerce threatening the West with strangulation
France demanded repayment of money loaned during the war
Pirates of the North African states ravaged the Mediterranean trade.
While British bought protection for their ships, American is too poor to
bribe and too weak to fight
John Jay secretary of foreign affairs hoped the insults would at least
motivate Americans at home to make a stronger government
The Horrid Spector of Anarchy
Individual states were getting out of hand
o Quarrels over boundaries generated numerous small battles
o Some states levying duties on good from their neighbors
o A number of states is starting to grind out depreciated paper
currency
Shayss Rebellion flared up in western Massachusetts because many
backcountry farmers are losing their farms through mortgage and
taxes
o Demanded cheap paper money, lighter taxes, and a suspension
of property takeovers
Massachusetts assembled a small army and met the rebellion
Many people with debt feared that a powerful central government
would force them to pay their taxes
A Convention of Demigods
Control of commerce became the main point of contention

May 25, 1787 convention was held in Philadelphia and the main point
of discussion is commerce
o Men have to drop their personal pursuits in order to aid the
country

Patriots in Philadelphia
Fifty-five delegates were present
o Young
o Nationalistic
o Experienced statement
The delegates hoped to crystallize the last evaporating pools of
revolutionary idealism into a stable political structure that would
endure They want a respected central government
they aim to cloth the central authority with genuine power, especially
in controlling tariffs so that the United States could secure commercial
treaties form foreign nations
other motives include preserving the union column forestalling
anarchy, and ensuring the life and property against dangerous uprising
Hammering Out a Bundle of Compromises
some of the delegates, wanted to completely scrap the old articles of
Confederation despite the explicit instructions from the Congress to
revise
a scheme proposed by Virginia is called the large state plan which calls
for representation in the Congress to be based on population
small states proposed small state plan which provided for equal
representation in the Congress regardless of population
the great compromise: a compromise between the small state and the
big state plan which calls for two sections of the central government,
the house of representatives and the Senate
the House of Representatives will be determined and represented but
the population of state while Senate will be equally represented
regardless of population
every tax or bill must originate in the house of representatives with a
population counter more heavily
the new constitution provided for strong independent executive in their
presidency. The president was of military commander in chief and have
wide powers to appoint domestic offices including judgeships
a vital compromise was the method of electing the president indirectly
by the intellect for your college rather than by direct means through
the people
3/5 compromise: the large states in the South wanted their slaves to
count as people while the small states in the north opposed. And the
compromise was the count each slave asked 3/5 of a person

Safeguard for Conservatism

economically, the members of the Constitutional convention generally
saw eye to eye, the demand this sound money and the protection of
private property
politically, they were in the basic agreement; they favored a strong
government, with three branches and checks and balances among
them
Daniel Shays, was worried for several reasons, safeguards were
deliberately erected against mob, the president was elected indirectly
but they elect Electoral College, the senators were chosen indirectly by
state legislatures, federal judges serve for life
the new charter also contain democratic elements, it stood on the two
great principle of Republicanism: the only legitimate government was
one based on the consent of the governed, and the powers of the
government should be limited in this case specifically limited by
written constitution
at the end of the convention not everyone was completely happy about
the results but the defendants concede and sign the Constitution

The Clash of Federalists and Antifederalists

a formidable barrier to the ratification of the Constitution is a
unanimous ratification by all 13 states
their American people were somewhat shocked at the Constitution as a
public expected the old articles of Confederation to be patched up;
now it was handed a frightening new document in which many viewed
the precious right of state sovereignty was swallowed
anti-Federalist: those who oppose stronger federal government,
supporters include backcountry dwellers, one horse farmers, work
slowed artisans, ill educated and illiterate, poor classes
Federalist: those who favored a strong central government; supporters
include respectable generally cultured and propertied groups, most
who settle along the seaboard not in the raw backcountry
anti-Federalist claim that the Constitution was drawn up with
aristocratic elements therefore undemocratic. They charged that the
sovereignty of individual states are being submerged in the freedoms
of individuals were jeopardized
The Great Debate in the States
special elections those who wish to be a member of the ratifying
conventions

candidate Federalist or anti-Federalist were elected on the basis of

their pledge for or against the Constitution
for small states quickly accepted the Constitution
Pennsylvania was the first large state to act
Massachusetts, provided an acid test. The Constitution have failed in
Massachusetts, the entire move in my easily have bogged down
the Boston ratifying convention of first contain anti-Federalist majority
the absence of a Bill of Rights alarm to anti-Federalist but the federal is
given solid assurances that the first Congress will accept safeguard by
amendment so ratification was secured by a narrow margin of 187 to
168
the other states quickly fell in place

The Four Laggard States

Virginia, the most populous state, provide a fierce anti-Federalist
opposition. In the end they realize that they cannot continue very
comfortably as independent state, so Virginia too, ratify the
Constitution
New York: the result of the ratifying convention was heavily antiFederalist. Influential writers such as Alexander Hamilton, James
Madison, and John Jay penned masterpieces for the articles of New York
newspaper. These brilliant pieces of propaganda persuaded New York
to finally yield ratifying the Constitution
North Carolina and Rhode Island both conceded in the end because
they realize they cannot safely exist outside the union

A Conservative Triumph
the majority has not spoken, only one fourth of the all white males in
the country, chiefly propertied people, had voted for the delegates.
Conservatism was victorious.
Safeguards have been erected against mob rule excesses
the result was a kind of peaceful counterrevolution, a restored to
economical and political stability of colonial years and set the drifting
ship of state on a more promising course
unlike the anti-Federalist, who believe that the sovereignty of people
reside in a single branch of government the legislature the federal
contended that every branch executive, judiciary, and legislature
effectively represented the people
the Constitution reconciled the potentially conflict and principles of
liberty and order, it are represented of our marvelous achievement,
one to elevate the ideals of revolution even while setting the
boundaries to them