Constitution and New Government

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Chapter 6 Outline 

I. Chapter 6- The Constitution and the New Republic

        a. Late 1780s- Most Americans dissatisfied with the Confederation

                i. Factiousness and instability

                ii. Unable to affectively deal with economic problems

                        1. Frightening powerlessness in Shay’s Rebellion

                iii. Government has no authority over rebellions, states can’t deal with them alone

        b. Earlier, Americans deliberately avoided creating strong central Gvn’t (interfere w/                                            state sovereignty)

i. 1787, Nation created a written constitution & a gvrnt consisted of 3 separate branches

                        1. Derived most of its principles from state documents

                        2. Remarkable in its own right

a. Survive 4 over 2 cent’s as 1 of the stablest & successful n the World

3. 2 Americans, Const. took on some characteristics of a sacred document

                        4. Later generations thought of writers like ‘gods’

a. Provisions were a ‘fundamental law’ from which all policies, principles, and solutions must spring

        c. Constitution did not complete Republic creation

                i. Defined terms for which debate on government would continue

                ii. Agreed that it was nearly perfect, but disagreed on what it meant

1. Some- founders encouraged federal government to exercise broad powers beyond what was written “Implied powers”

                        2. Others-Designed to limit government to ‘expressed powers’

                                a. All other authority would be at state level

II. Toward a New Government

        a. Confederation unpopular in mid-1780s

                i. 1783- members withdrew from PHILA to escape army veterans demanding their pay

                        1. Princeton to Annapolis to NY

                ii. Always absent

1. Only a struggle caus’d enough ppl present 2 ratify treaty endin the Rev. War

                        2. 18 members from 8 states voted on the Northwest Ordinance

                        3. Major Public debate beginning over the future of the Confederation

III. Advocates of Centralization

        a. Confederation, for a time, satisfied a majority of the people

i. Willing to tolerate Congress deficiencies to limit the problems of a more powerful gvnt

                ii. Fought R. War to get rid of remote and tyrannical authority

                iii. Desired to keep power in the states where it could be controlled

b. Pop. groups began supporting a gvnt capable of dealing with the nations problems (economic)

i. Society of Cincinnati (Rev. army officers- 1783)- mad @ Congress refusal 2 fund pensions

                        1. Aspired to influence or invigorate the National Government

                        2. Newburgh Conspiracy (form of military dictatorship)

        3. Directly challenged congress until George Washington intervened and blocked all potential rebellion

ii. American “mechanics” wanted 2 replace varying state tariffs w/ a uniform, high national duty

                iii. 13 Different commercial policies with 1 national one

                iv. Landowners wanted Indians removed

                v. Creditors- stop the states from issuing paper money

                vi. Confederation investors wanted them to pay off the debt

                vii. Large property owners wanted a protection from mobs

        c. 1786- not a question of change, but of how much change

                i. Weakest point of government- the lack of power to tax

ii. Failure of Congress to accept Robert Morris’s position angered those who believed strengthening could occur within the present system

                iii. Alexander Hamilton

                        1. Dissatisfied with Confederation from beginning

                        2. Called for National Convention to overhaul the entire document

3. Took advantage of interstate cooperation when MD and VA met 2 settle differences

                iv. James Madison (VA)

1. Induced VA legislature to invite all states to send delegates to a large conference on commercial questions

                                2. Met in Annapolis in 1786- only reps from 5 states

a. Delegates adopted Hamilton’s (NY) report suggesting all colonies send delegates to PHILA the next year to consider ways to make the government adequate

        d. That moment- it seemed that PHILA convention would be no greater success than Annapolis

                i. Supporters- only by winning the support of G. Washington could they prevail

                ii. For Time- Washington showed little interest

1. Suffering from a temporary shortage of $$$, so was reluctant to take extended visit to PHILA

        e. Early 1787- news of Shay’s rebellion spread through the nation

i. Thomas Jefferson (Am minister in Paris)- not alarmed (little rebellion is good from time to time)

                ii. George Washington was not as calm

1. After Congress issued calls, borrowed $ and left Mount Vernon for PHILA

IV. A Divided Convention

        a. 55 men representing all states except RI

                i. Talent, but far from description as god-like citizens

ii. “Founding Fathers” - Yng men (20s & 30s)- Only Ben Franklin, 81 was aged (Avg. 44)

                        1. Practical experience in business, plantation management, and politics

                        2. Well educated by standards (1/3 were college graduates)

                        3. Represented great property interests of the country

        b. First decision after electing Washington to preside, was to conduct meetings in secrecy

                i. No official transcripts or reports to press

        c. 2nd Decision- Each state gets one vote

                i. To pass, only a majority is needed

d. All delegates believed in a strong, central government, but differences in opinion as to how strong the government should be, the powers, and the structure

                i. Power divisions between large and small states

                ii. Protection of different economic interests

        e. VA- most populated and best prepared for Convention work

                i. James Madison- devised plan for a national government

                ii. VA controlled agenda from beginning

        1. Edmond Randolph opened by saying that gvnt shud have a 3 branch system

                        2. Drastic proposal- government very different from that in existence

                                a. Approved this only after a careless debate (shows commitment)

                                b. Then, details of Madison’s plan were introduced (VA plan)

i. Abolition of Confederation and creation of a whole new government

                                        ii. Larger influence to richer and more populous states

                                        iii. Bicameral legislature

                                                1. Lower house by population

                                                2. Upper house elected by Lower House

                                                        a. Some get no voice at all in Upper House

b. Opposition from Delaware, NJ and other small states

                                c. William Patterson (NJ Plan)

                                        i. Federal government as opposed to national

                                        ii. Revision and strengthening of the Articles

                                                1. One-house legislature with equal representation

                                                2. Expanded powers to tax and regulate commerce

                                                3. After debate, NJ plan was tabled

        f. VA plan- basis for discussion

                i. Supporters realized that they had to make concessions to small states for agreement

                        1. Upper House now elected by State Legislatures

a. Guaranteed at leas one member, but??? Remained about how many members a state should have

                ii. Number of Representatives in the Lower House

                        1. If by population, were slaves counted (people or property)

                                a. Delegates from slave states wanted it both ways

i. People in representation; property in voting or if government levied taxes on pop. Basis

b. Delegates from slave free states wanted them not counted in representation, but counted for taxes

                                c. No one argued seriously for giving slaves citizenship

V. Differences Compromised

        a. By end of June, Convention seemed in danger of collapsing (tempers)

        b. Ben Franklin’s soothing presence made convention go on

c. July 2, the convention agreed to create a ‘grand committee’ with a single delegate from each state, and with Franklin as chairman, to resolve their disagreements

        d. “Great Compromise”

                i. Lower House- Representation by population, with slaves counting as 3/5 person

                ii. Upper House, the states should be represented equally with two members apiece

                iii. Proposal broke in deadlock

                iv. 7/16/1787- Convention voted to accept it

e. In next weeks, as committees worked on details, convention agreed to compromises in tariffs, trade regulations, and slavery

i. S. States feared that trade regulations would lead to export duties on crops, commercial agreements that would sacrifice rice and tobacco growers, and interference with the slave trade

ii. SC proposed that 2/3 legislature vote be required to pass commercial treaties and laws

                iii. Rejected proposal, but made important concessions to SC

                        1. Legislature not permitted to tax exports

                        2. Forbidden to put a duty of more than $10 a head on slaves

                        3. No authority to stop slave trade for 20 years

a. Large and difficult concession for anti-slavery activists, but without it, the constitution would fail

        f. Other issues not brought to agreement were left out for later years

                i. New courts allowed to review acts of legislature

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1. Proposal for “Council of revision” from VA plan was dropped, and no provision on judicial review was added

                ii. No bill of rights restraining government

                        1. Madison opposed idea

                                a. Specifying rights would limit those rights

                iii. Others feared that without rights, authority would be abused

VI. The Constitution of 1787

a. Greatest contribution 2 do made by James Madison (most creative political thinker of his generation)

                i. Devised VA plan

                ii. Drafted most of the Constitution himself

                iii. Helped Resolve *Question of sovereignty and *Question of limiting power

        b. Question of sovereignty- Source of Friction between Americans ...

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