THE CRITICAL PERIOD Origins of American Government

Common Features of New StatesPopular SovereigntyLimited governmentCivil rights and libertiesSeparation of powersChecks and balancesRight to vote limited to adult males who could meet property ownership requirements

VocabularyArticles of ConfederationRatificationPresiding Order

The Articles of ConfederationFirst years of independence difficult because no alternative government in placeRichard Henry Lee of Virginia proposed a plan of confederationNovember 15, 1777Established a firm league of friendshipConfederation modelEach state would remain sovereignSovereignty, freedom, and independence, and every power, jurisdiction, and rightnotexpressly delegated to the United States, in Congress assembled.RatificationNeeded unanimous approval of 13 States11 agreed within a yearDelaware: February 1779Maryland: March 1, 1781, this is the date of formal ratification

Structure under the ArticlesUnicameralCongress; one state, one voteNo executive or judicial branchPresiding officer, elected yearlyLimited powers of CongressMake war and peaceSend and receive ambassadors Make treaties Borrow money Establish post offices Build a navy and raise an army Fix uniform weights and measuresSettle disputes among states

Structure under the ArticlesState ObligationsPledge to obey articles and acts of Congress Provide funds and troops when requested Treat citizens of other states fairly and equally with their own Give full faith and credit to the public acts, records, and judicial proceedings of other StatesSurrender fugitives from justice to one anotherSubmit disputes to CongressAllow open travel and trade between and among States States RightsRetain powers not explicitly given to Congress Responsible for life and property of the people Accountable for general welfare

Weaknesses of the ArticlesNo central authorityCongress did not have the power to taxCould raise money only by borrowing and by asking the States for fundsNo power to regulate trade between StatesNo power to make the States obey the ArticlesCongress could only exercise powers with consent of 9 of the 13 StatesArticles could be changed only with unanimous approval of 13 StatesDemands begin for stronger central government

The Critical PeriodEnd of Revolutionary War; Treaty of Paris 1783Brought political and economic problems into focusCentral government unable to actStates arguedRefused to support new governmentMade agreements with foreign governments without approval of CongressOrganized their own military forcesTaxed each others goods and banned tradePrinted their own money

The Critical PeriodNeed for stronger governmentMount Vernon 1785Maryland and Virginia only showedConference on trade issuesCalled for joint meeting with all the States to recommend a federal plan for regulating commerceAnnapolisSeptember 11, 1786Only 5 out of 13 States attendedCalled for another meeting of the StatesFebruary 1787; seven States name delegates to PhiladelphiaMeeting becomes the Constitutional Convention

WHAT IS COMPROMISE?The Constitutional Convention

The Constitutional ConventionThe Framers (a total of 74, but only 55 attended)All but Rhode Island sent representatives to PhiladelphiaGeorge WashingtonJames MadisonEdmund RandolphGeorge Mason (from Virginia)Benjamin FranklinGovernour MorrisJames Wilson (Pennsylvania)Alexander Hamilton (New York)William Paterson (New Jersey)Elbridge Gerry and Rufus King (Massachusetts)Luther Martin (Maryland)Oliver Ellsworth and Roger Sherman (Connecticut)John Dickinson (Delaware)John Rutledge and Charles Pinckney (South Carolina)

The Constitutional ConventionCharacteristicsMen of wide knowledge and public experience, wealth, and prestigeMany had fought in the Revolutionary War39 had been members of the Continental Congress8 served in Constitutional Conventions in their own States; 7 had been State Governors8 had signed the Declaration of Independence31 had attended college; 2 college Presidents; 3 professors2 would become President1 became Vice President17 served in the Senate, 11 in the House of RepresentativesAverage age was 42, nearly half were only in their 30s

The Constitutional ConventionOrganization and Procedure Met in Independence Hall, May 25, 1787Elected George Washington President of the ConventionRules of ProcedureA majority of the States would be needed to conduct business (quorum)Each State delegation had one vote and a simple majority would carry any proposalAdopted a rule of secrecy (protection from outside pressures)Recording secretary

The Constitutional ConventionMet a total of 89 daysOriginal intent to amend commerce proceduresMay 30 adopted new goal (Edmund Randolph of Virginia)Resolvedthat a national government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.Issues of 1787EqualityEconomySeparation of Powers

The Constitutional ConventionA bundle of CompromisesIssue 1: Separation of Powers; Representation in CongressThe Virginia PlanThree separate branches: Legislative, Executive, and JudicialBicameral Legislative BranchRepresentation would be based on population or amount of money contributed by the StateMembers popularly elected in their StateSenate chosen by the House from lists of persons nominated by State legislaturesRetain powers given by Articles, plus power to legislate, act on national laws, and use force if necessary to make States obeyCongress would chose national executive and judiciary that would act as a council of revisionCould veto acts of CongressGeneral authority for executive to execute lawsJudiciary would have one or more supreme courts and several inferior courtsState officers take oath of loyalty to the UnionEach State guaranteed Republican form of governmentCongress has power to admit new States to the Union

The Constitutional ConventionA bundle of CompromisesIssue 1: Separation of Powers; Representation in CongressThe New Jersey PlanUnicameral CongressStates equally representedAdded powers:Closely limited power to tax and regulate trade between StatesFederal executive of more than one person, chosen by Congress; could be removed by request of a majority of States governorsFederal judiciary would be a single Supreme Court appointed by the executiveMajor disagreement was representation in Congress

The Constitutional ConventionA bundle of CompromisesIssue 1: Separation of Powers; Representation in CongressThe Connecticut CompromiseCongress would be bicameralSenate: each State has equal representationHouse of Representatives: based on populationOften called the Great CompromiseIssue 2: Equality: How to determine populationThe Three-fifths CompromiseCounting of the slave population?Compromise: all free persons counted; three-fifths of all other persons countedThis formula was also used to fix the amount of money to be raised in each State by any direct tax levied by Congress

The Constitutional ConventionIssue 3: EconomyThe Commerce and Slave Trade CompromiseCongress was forbidden the power to tax the export of goods from any StateForbidden the power to act on the slave trade for a period of 20 yearsOther CompromisesSelection of the PresidentTreaty making processStructure of national court systemThe Amendment processAgreed on:New central governmentPopular sovereigntyLimited governmentSeparation of powersChecks and balances

The Constitutional ConventionSources of the ConstitutionWilliam Blackstone: Commentaries on the Laws of EnglandBaron de Montesquieu: The Spirit of the LawsJean Jacques Rousseau: Social ContractJohn Locke: Two Treatises of GovernmentThe Convention Completes its workRevision of style and arrangement done by committeeSigned September 17 by 39 delegatesNo one completely happyBenjamin Franklin made the final resolution