Lecture 5 FROM CONFEDERATION TO CONSTITUTION

THE SOCIAL IMPACT OF THE REVOLUTION the revolution of the elite elimination of slavery in the North little change in the position of women, but Abigail Adams letter to her husband warns the Founding Fathers to take the needs of women into consideration the weakening of the Anglican church, only Virginia continues to provide state support property qualifications reduced, but no universal male suffrage THE FIRST GOVERNMENT, THE ARTICLES OF CONFEDERATION Previous governmental developments: The Albany Congress during the French and Indian War 1776: July 12, A draft of the Articles of Confederation is submitted to the Congress 1777: Congress adopts the Articles of Confederation and Perpetual Union 1781: March 1 The Articles of Confederation is officially in force WHAT IS A CONFEDERATION? a loose alliance of member states the member states have more powers than the central government or governing body, U.N., or Confederacy during the Civil War ideal solution for fighting the war rally round the flag ACHIEVEMENTS Treaty of Paris 1783 Northwest Ordinances 1784, 1785, (1787) Regulation of the Northwestern Territory Area between the Mississippi and Ohio rivers -elimination of slavery -guidelines for statehood (population 60,000) -establishment of 10 districts -laying the foundation of public schools WEAKNESSES weak central government -main authority: foreign policy -conduct war and diplomacy -no power to tax or raise an army -amendments can be done only with the approval of all 13 states -Shayss Rebellion 1786-87 fear of anarchy -1786 September 11-14 Annapolis Convention THE CONSTITUTIONAL CONVENTION OR THE GRAND CONVENTION 1787 May-September Philadelphia The Founding Fathers -55 delegates -average age 42 -representing 12 states exception: Rhode Island -landed, merchant business elite IMPORTANT DELEGATES George Washington, presiding officer James Madison, father of the Constitution Benjamin Franklin, oldest delegate George Mason, father of Bill of Rights MAIN INFLUENCES Montesquieau The Spirit of Laws -Separation of powers Madison If people were angels no government would be necessary A mistrust of the average individual

 Greek political philosophy Polish and Iroquois Constitutions THE CONVENTION takes place in secret notes taken by James Madison main activity: compromises conflicting blue prints for government THE GREAT COMPROMISE OR CONNECTICUT COMPROMISE -Two competing plans for government -large states vs. small states (population) -slave holding vs. non-slaveholding states Virginia Plan (large states plan) Separate executive , legislative, and judiciary branch Bi-cameral Congress lower house will be represented upon population upper house chosen by lower house New Jersey Plan (small states plan) Unicameral legislature Equal representation regardless of population SOLUTION Connecticut Compromise Bicameral legislature Representation by population in lower house House of Representatives Equal representation in upper house, Senate SLAVERY ISSUE 3/5th Compromise For purposes of representation and taxation, slaves are counted as 3/5 Northern state Population 200,000 Southern state Population 150,000 free persons 50,000 slaves with 3/5 compromise slaves counted as 30,000 thus instead of 200,000, the population is considered at 180,000 SLAVE TRADE Importation of slaves is outlawed as of 1808 South: for 20 years slaves could be brought in North: slave trade will eventually be made illegal THE PRODUCT. THE CONSTITUTION OF THE UNITED STATES Structure: Preamble Article One: Powers of Congress Article Two: Powers of the Executive Article Three: Powers of the Judiciary Article Four: Interstate Relations Article Five: Amendment process Article Six: Supremacy clause Article Seven: Ratification: Nine states were required first: Delaware, ninth: New Hampshire, Constitution goes into effect in June 1788 Bill of Rights (1791) MAIN PRINCIPLES Separation of Powers three branches of government Checks and Balances built in guarantees that none of the three branches can dominate the other

Congress: impeachment High crimes and misdemeanors President: veto power Supreme Court judicial review the power to decide whether the acts of Congress or the President are constitutional or not Federalism: The division of power between the state and central government EVALUATION Omission of minorities, women We the people the elite Charles Beard An Economic Interpretation of the Constitution (1913) The Constitution as an economic conspiracy of the rich against the poor, Exaggerated view Greatest achievement: establishment of a working government Greatest asset: through the amendment process it provides for adjustments in the future