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124124 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

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LEARNING LEARNING OBJECTIVESOBJECTIVESAfter After reading reading this this chapterchapter, , you you should should be be able able to to do do the the following:following:

7-17-1 Describe Describe the the rst rst state state constitutions constitutions written written and and adopted adopted after after the the United United StaStatestesdeclared declared its its independence.independence.

7-27-2 AnalAnalyze yze the the federal federal gogovernment vernment as as it it existed existed under under the the Articles Articles of of ConfederConfederation.ation.

7-37-3 EnumerEnumerate ate the the most most ssigni cant igni cant issues issues the the United United StaStates tes under under thetheconfrontedconfrontedArticles Articles of of ConfederaConfederation, tion, and and explain explain how how the the Articles Articles failed failed to to live live up up to to thetheneeds needs of of the the new new countrycountry..

7-47-4 Explain Explain the the need need for for the the Constitutional Constitutional ConConvention vention thathat t met met in in Philadelphia Philadelphia inin1787,1787, and and describe describe the the process process of of writing writing the the Constitution.Constitution.

7-57-5 Describe Describe and and explain explain the the major major proprovisions visions of of the the Constitution, Constitution, especiallespeciallyyconcerning concerning the the separaseparation tion of of powers powers and and the the rights rights givgiven en to to individual individual states.states.

7-67-6 Explain Explain the the procedure procedure estaestablished blished for for rati carati cation tion of of the the Constitution,Constitution, describe describethe the actions actions of of its its supporters supporters and and its its opponents,opponents, and and explain explain how how and and wwhenhenrarati cation ti cation was was achieachieved.ved.

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Copyright Copyright 2018 2018 Cengage Cengage Learning. Learning. All All Rights Rights Reserved. Reserved. May May not not be be copied, copied, scanned, scanned, or or duplicated, duplicated, in in whole whole or or in in part. part. Due Due to to electronic electronic rights, rights, some some third third party party content content may may be be suppressed suppressed from from the the eBook eBook and/or and/or eChapter(s).eChapter(s).Editorial Editorial review review has has deemed deemed that that any any suppressed suppressed content content does does not not materially materially affect affect the the overall overall learning learning experience. experience. Cengage Cengage Learning Learning reserves reserves the the right right to to remove remove additional additional content content at at any any time time if if subsequent subsequent rights rights restrictions restrictions require require it.it.

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By By 1783, 1783, the the nation nation was was of cially of cially independent, independent, but but itithad had three three immediate immediate problems: problems: (1) (1) it it had had amassed amassed aahuge huge debt debt from from ghting ghting for for independence; independence; (2) (2) it it sudsud–denly denly had had vast vast lands lands to to control control in in the the WWest; est; and and (3) (3) itithad had to to recreate recreate a a system system of of trade trade after after Britain’Britain’s s propro–tections tections had had been been withdrawn. withdrawn. These These problems problems werewereintensi ed intensi ed because because the the ideology ideology that that had had propelledpropelledthe the revolution—republicanism—strenuously revolution—republicanism—strenuously warnedwarnedagainst against a a strong strong central central authorityauthority. . Most Most AmericansAmericanswanted wanted their their day-to-day day-to-day freedoms. freedoms. They They wanted wanted thetheliberties liberties promised promised in in the the Declaration Declaration of of Independence.Independence.Which Which begs begs the the obvious obvious question: question: What What were were thosethosefreedoms, freedoms, and, and, just just as as important, important, what what price price were were peopeo–ple ple willing willing to to pay pay for for them? them? Could Could Americans Americans design design aagovernment government able able to to provide provide libertyliberty, , but but strong strong enoughenoughto to protect protect that that liberty?liberty?

Their Their rst rst attempt attempt to to nd nd an an appropriate appropriate balance,balance,througthrough h a a government government established established under under the the Articles Articles ofofConfederation, Confederation, proved proved unsuccessful. unsuccessful. The The Articles Articles mademadethe the federal federal government government too too weak weak to to address address the the nation’nation’sspressing pressing needs. needs. By By 1787, 1787, Americans Americans had had scrappedscrappedthe the Articles Articles and and designed designed an an entirely entirely new new structure structure ofofgovernment. government. This This new new government, government, as as de ned de ned in in thetheUnited United States States Constitution, Constitution, placed placed more more power power in in aacentral central authority authority than than most most Americans Americans had had anticipatedanticipatedor or wanted. wanted. But But a a Bill Bill of of Rights Rights protected protected the the libertieslibertiesAmericans Americans sought sought to to preserve. preserve. Although Although not not perfect,perfect,what what they they created created in in the the Constitution Constitution has has served served thethenation nation for for more more than than two two hundred hundred years.years.

This This chapter chapter explores explores the the development development of of thetheAmerican American government government between between 1783 1783 and and 1789. 1789. It It beginsbeginsby by examining examining the the state state constitutions constitutions that that served served as as testingtestinggrounds grounds for for the the federal federal constitution; constitution; then then it it examines examines thethestrengths strengths and and weaknesses weaknesses of of the the Articles Articles of of ConfederationConfederationbefore before addressing addressing the the current current U.S. U.S. Constitution Constitution and and itsitsBill Bill of of Rights.Rights.

7-1 7-1 STSTAATE TE CONSTITUTIONS,CONSTITUTIONS,1776 17801776 1780

Between Between 1776 1776 and and 1780, 1780, while while the the ghting ghting still still raged,raged,all all of of the the thirteen thirteen new new states states except except ConnecticutConnecticutand and Rhode Rhode Island Island drafted drafted their their own own constitution. constitution. Most Most changed changed their their constitution constitution several several times, times, meaning meaning

that that there there was was a a good good deal deal of of experimentation experimentation goinggoingon. on. The The ideas ideas laid laid out out by by John John Locke, Locke, Jean-JacquesJean-JacquesRousseau, Rousseau, John John TTrenchard, renchard, Thomas Thomas Gordon, Gordon, the the BritishBritishParliament, Parliament, and and the the colonial colonial legislatures legislatures were were put put to to thethetest test at at the the state state level level during during these these years. years. These These statestateconstitutions constitutions worked worked out out ideas ideas that that would would later later in uin u–ence ence the the federal federal system.system.

7-17-1aa ContentContentWhile While experimentation experimentation was was the the word word of of the the dayday, , mostmoststate state constitutions constitutions had had several several common common elements. elements. ForForinstance, instance, all all were were attempts attempts to to fashion fashion a a government government thatthatoffered offered some some form form of of representation representation to to the the people. people. GoneGonewere were the the days days of of non-elected non-elected leaders. leaders. Almost Almost all all of of thethestate state constitutions constitutions also also shared shared three three other other things: things: (1) (1) billsbillsof of rights; rights; (2) (2) limits limits on on participation; participation; and and (3) (3) separationseparationof of powers.powers.

BIBILLS LLS OOF F RIRIGHGHTSTS

Seven Seven of of the the eleven eleven new new state state constitutions constitutions had had a a billbillof of rightsrights that that protected protected the the “natural “natural rights” rights” that that manymanyAmericans Americans felfelt t were were threatened threatened by by Britain’Britain’s s prerevoluprerevolu–tionary tionary laws. laws. The The other other four four had had these these rights rights scatteredscatteredwithin within them, them, but but no no separate separate list. list. Most Most of of the the bills bills ofofrights rights guaranteed guaranteed the the freedom freedom of of the the press, press, the the rightrightof of popular popular consent consent before before being being taxed, taxed, and and protectionsprotectionsagainst against general general search search warrants. warrants. Most Most states states guaranteedguaranteedthe the freedom freedom of of religion, religion, although although many many limited limited politicalpoliticalparticipation participation to to Christians Christians onlyonly..

LIMITSLIMITS O ONN PA PARTICIPRTICIPAATIONTION

Almost Almost universallyuniversally, , the the state state constitutions constitutions also also broadbroad–ened ened the the base base of of people people who who could could participate participate in in govgov–ernment ernment by by relaxing relaxing property-holding property-holding quali cations.quali cations.Pennsylvania, Pennsylvania, for for instance, instance, gave gave the the vote vote to to anyone anyone whowhopaid paid taxes. taxes. And And New New Jersey Jersey opened opened the the vote vote to to “all “all freefreeinhabitants” inhabitants” worth worth at at least least fty fty pounds. pounds. Nevertheless,Nevertheless,

◀ ◀ ◀ ◀ ◀◀The The USUS Cons Constitution, titution, sigsigned ned and and drafted drafted in in 11778787, , has has ever ever sincesince been been a a contested contested hallmark hallmark in in American American historhistory,y,with with people people constconstantlantly y debating debating the the original original intintent ent of of thethe signers— signers—oror even even whether whether their their original original iintent ntent should should still still mattermatter. . This This early early twentieth-twentieth-century century painting painting shows shows reverence reverence forfor George George Washington, Washington, Benjamin Benjamin FFranklin, ranklin, and and several several other other signers signers of of the the USUS Cons Constitution.titution.

bill bill of of rights rights IIn n the the American American concontext, text, a a list list of of “natural “natural rights”rights” that thatmany many Americans Americans felt felt wwere ere threathreatened tened by by BritainBritain’’s s prerevolutionaryprerevolutionarylaws; laws; most most of of the the bills bills of of rights rights included included in in early early statstate e constitutionsconstitutionsguaranteed guaranteed the the freedom freedom of of the the prpress, ess, the the right right of of popular popular cconsentonsentbefore before being being taxtaxed, ed, and and protprotections ections against against general general search search warrantswarrants

125125State State Constitutions, Constitutions, 1776–17801776–1780

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each each state state maintained maintained limits limits on on who who could could vote vote andandwho who could could hold hold public public of ce. of ce. These These limits limits usually usually concon–cerned cerned owning owning property property or or adhering adhering to to a a particularparticularreligion. religion. WWomen omen and and teenagers teenagers were were almost almost universallyuniversallyexcluded excluded from from voting, voting, except, except, sometimes, sometimes, when when theytheyowned owned propertyproperty..

SESEPPARARAATITION ON OOF F POWEPOWERSRSAs As they they tinkered tinkered with with various various forms forms of of government, government, eacheachstate state recognized recognized that that creating creating several several different different branchesbranchesof of government government and and giving giving each each different different responsibiliresponsibili–ties ties prevented prevented one one person person or or one one body body from from becomingbecomingoverly overly tyrannical tyrannical or or exerting exerting an an excess excess of of authorityauthority. . ThisThiswas was called called the the separation separation of of popowerswers. . In In the the 1780s, 1780s, JohnJohnAdams Adams of of Massachusetts Massachusetts developed developed the the theory theory behindbehindseparation separation of of powers, powers, one one he he called called “mixed “mixed governgovern–ment.” ment.” Most Most of of the the states states operated operated according according to to separasepara–tion tion of of powers, powers, in in that that they they had had a a weak weak elected elected governorgovernor,,a a powerful powerful legislature legislature that that changed changed membership membership frefre–quentlyquently, , and and courts courts whose whose judges judges were were named named for for lifelifeto to ensure ensure they they were were beholden beholden to to no no one. one. Despite Despite thetheideal ideal of of separation separation of of powers, powers, the the legislative legislative branchesbrancheswere were almost almost always always more more powerful powerful than than the the executiveexecutiveand and judicial judicial branches.branches.

7-17-1bb ResultsResultsThe The various various state state constitutions constitutions were were valuable valuable forums forums forforworking working out out different different types types of of government. government. Many Many workedworkedwell well for for their their citizens. citizens. The The constitutions constitutions drafted drafted earlier earlier ininthe the process process tended tended to to be be more more radical radical and and democratic democratic (like(likePennsylvania’Pennsylvania’s s 1776 1776 constitution), constitution), while while the the constitutionsconstitutionsadopted adopted later later (like (like Massachusetts’ Massachusetts’ 1780 1780 constitution, constitution, or or evenevenPennsylvania’Pennsylvania’s s revised revised constitution constitution of of 1790) 1790) increased increased limlim–its its on on political political participation. participation. Still, Still, none none addressed addressed the the issueissueof of how how the the states states would would participate participate in in a a national national bodybody. . TheThestates states were were keen keen to to keep keep their their powers. powers. And And most most AmericansAmericanswere were leery leery of of a a large large national national government, government, uncertain uncertain ititcould could prevent prevent itself itself from from becoming becoming tyrannically tyrannically powerful.powerful.

7-2 7-2 THE THE ARARTICLES TICLES OFOFCONFEDERACONFEDERATION,TION,1777 17871777 1787

Americans Americans managed managed to to ght ght more more than than half half the the Revo-Revo-lutionary lutionary WWar ar without without any any legitimate legitimate federal federal government.government.That That was was unsustainable, unsustainable, and and the the problem problem was was recti edrecti edin 1777 in 1777 with with the the Articles Articles of of Confederation.Confederation.

7-7-22aa OriginsOriginsIn In the the absence absence of of a a federal federal government, government, the the ContinentalContinentalCongress Congress had had assumed assumed a a number number of of rights rights and and responsiresponsi–bilities, bilities, such such as as creating creating the the Continental Continental ArmyArmy, , printingprinting

separation separation of of powpowers ers The The concept concept of of creating creating sevseveraleraldifferent different brbranches anches of of government government and and giving giving each each of of them them diffdifferenterentresponsibilities responsibilities so so as as to to prevprevent ent any any one one body body frfrom om exerting exerting an an excessexcessof of authorityauthority

>> >> NeNew w JerseJersey’y’ssconstitution constitution ofof1776 1776 opened opened thethefrancfranchise hise to to “all “all freefreeinhabitants”inhabitants” who whowerwere e worth worth at at leastleastfifty fifty pounds,pounds, thus thusallowing allowing manmany y NewNewJerseJersey y women women andandAfrican African Americans Americans totovote vote for for the the first first timetime..This This dradrawing wing showsshowswomen women and and AfricanAfricanAmericans Americans exhibitingexhibitingtheir their right right to to votevote..

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126126 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

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moneymoney, , managing managing trade, trade, and and dealing dealing with with debt. debt. But But it it hadhaddone done these these things things without without having having been been granted granted authorauthor–ity ity by by the the people people or or some some other other sovereign sovereign powerpower. . FeelingFeelingthe the need need to to legitimate legitimate their their actions actions and and de ne de ne the the colocolo–nies’ nies’ collective collective sovereigntysovereignty, , the the revolutionaries revolutionaries realizedrealizedthey they had had to to form form a a governing governing bodybody. . So So between between 17761776and and 1777 1777 the the Continental Continental Congress Congress drafted drafted the the ArticlesArticlesof of ConfConfederationederation. . The The following following yearyear, , it it presented presented thethedocument document to to the the states states for for rati cation, rati cation, and, and, by by July July 17781778eight eight states states had had rati ed rati ed the the document. document. But But full full unanimityunanimityof of the the thirteen thirteen states, states, which which was was required required before before it it couldcouldgo go into into effect, effect, would would not not be be reached reached until until 1781.1781.

The The experimentation experimentation that that had had taken taken place place in in the the statesstatesdid did not not really really affect affect the the Articles Articles of of Confederation, Confederation, whichwhichwere were drafted drafted too too early early to to be be substantially substantially in uenced in uenced by by thethestate state constitutions. constitutions. Thus Thus the the Articles Articles did did not not innovate; innovate; theytheybasically basically codi ed codi ed the the waway y things things were were in in the the late late 1770s.1770s.John John Dickinson, Dickinson, the the prominent prominent lawyer lawyer who who had had drafted drafted thetheideological ideological tract tract Letters Letters from from a a Farmer Farmer in in PennsylvaniaPennsylvania,,

was was the the principal principal author author of of the the Articles. Articles. Although Although heherefused refused to to sign sign the the Declaration Declaration of of Independence Independence (he (he feltfeltthe the colonies colonies were were ill ill prepared), prepared), the the Continental Continental CongressCongressinvited invited him him to to draft draft the the new new system system of of government.government.

7-7-22bb Division Division of of PoPowerswersLeery Leery of of a a strong strong federal federal powerpower, , the the Articles Articles provided provided forforeach each state’state’s s independence, independence, and and granted granted very very little little powerpowerto to the the overarching overarching federal federal government. government. The The central central govgov–ernment ernment was was simply simply supposed supposed to to be be an an administrativeadministrativeagency agency that that provided provided a a meeting meeting place place for for debate debate andandenacted enacted some some very very minimal, minimal, hard-to-enforce hard-to-enforce rules.rules.

POWPOWERERS S RERESESERVERVED D FOR FOR THTHE E FEFEDEDERARALLGOGOVERNMENTVERNMENT

Dickinson’Dickinson’s s Articles Articles placed placed all all governing governing power power in in aasingle single legislature, legislature, which which was was the the system system followed followed underunderthe the Continental Continental Congress. Congress. This This meant meant there there was was nonoseparation separation of of powers, powers, because because there there was was no no president,president,monarch, monarch, or or prime prime minister minister to to serve serve as as the the executiveexecutivepowerpower. . Instead, Instead, there there was was a a “Committee “Committee of of the the States,”States,”in in which which one one representative representative from from each each state state was was seated.seated.This This was was the the most most centralized centralized authorityauthority, , and and its its powerspowerswere were minimal. minimal. The The Continental Continental Congress, Congress, on on the the otherotherhand, hand, had had ve ve powers powers under under the the Articles: Articles: (1) (1) to to declaredeclarewar war and and make make peace; peace; (2) (2) to to make make international international treaties;treaties;(3) (3) to to control control Indian Indian affairs affairs in in the the WWest; est; (4) (4) to to establish establish aacurrency; currency; and and (5) (5) to to create create and and maintain maintain a a postal postal service.service.

POWPOWERERS S RERESESERVERVED D FOR FOR THTHE E STSTAATETESS

The The states, states, meanwhile, meanwhile, maintained maintained the the all-importantall-importantrights rights to: to: (1) (1) levy levy taxes taxes and and (2) (2) regulate regulate commerce.commerce.UnfortunatelyUnfortunately, , these these were were perhaps perhaps the the two two most most presspress–ing ing needs needs of of a a nation nation conducting conducting a a warwar, , precisely precisely becausebecausethey they are are the the actions actions that that keep keep the the money money rolling rolling in. in. IfIfthe the states states would would not not provide provide enough enough funds funds to to ght ght aawarwar, , what what could could the the federal federal government government do? do? Under Under thetheArticles Articles of of Confederation, Confederation, it it could could do do nothing.nothing.

7-7-22cc Achievements Achievements of of the the ArticlesArticlesWWe e can can already already begin begin to to guess guess at at the the aws aws and and limits limits ofofthe the Articles, Articles, but but they they also also represented represented signi cant signi cant achieveachieve–ments. ments. From From a a philosophical philosophical perspective, perspective, twotwo stand stand out: out: (1) (1) the the Articles Articles established established the the United United States States as as aagovernment government of of laws laws that that placed placed limits limits on on the the government’government’ss

Articles Articles of of Confederation Confederation Document Document that that defined defined the the colonies’colonies’collective collective soversovereignty; eignty; drafted drafted by by the the Continental Continental CCongress ongress betweenbetween1776 1776 and and 1777, 1777, then then ratified ratified by by the the thirteen thirteen states states by by 17811781

>> >> The The Articles Articles of of ConfederConfederation ation andandPerpetual Perpetual Union,Union, pictured pictured herehere, , wwasasthe the nation’nation’s s first first attempt attempt to to establish establish aacentralized centralized gogovernment.vernment. Its Its weaknesses,weaknesses,including including granting granting too too mmuch uch popower wer totothe the individual individual states,states, led led to to calls calls for for itsitsrerevision vision and, and, eeventuallyventually, , its its rreplacement.eplacement.

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127127The The Articles Articles of of Confederation, Confederation, 1777–17871777–1787

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authorityauthority, , and and (2) (2) the the Articles Articles created created a a national national citizenship,citizenship,which which gave gave equal equal rights rights to to qualifying qualifying members members (although(althoughdeciding deciding who who was was and and was was not not a a citizen citizen was was still still determineddeterminedby by each each state). state). There There would would be be no no titles titles or or codi cation codi cation ofofclasses classes in in America. America. These These were were major major accomplishments accomplishments wellwellwithin within the the ideals ideals of of republicanism. republicanism. A A third third accomplishmentaccomplishmentof of the the Articles, Articles, the the greatest greatest in in its its day-to-day day-to-day operations, operations, waswasits its utility utility in in organizing organizing the the newly newly acquired acquired western western lands.lands.

7-7-22dd Weaknesses Weaknesses of of the the ArticlesArticlesBut But the the weaknesses weaknesses of of the the Articles Articles outweighed outweighed itsitsachievements. achievements. Three Three stand stand out: out: (1) (1) the the inability inability to to raiseraisefunds; funds; (2) (2) the the need need for for complete complete unanimity unanimity to to makemakechanges; changes; and and (3) (3) the the lack lack of of authority authority over over internal internal trade.trade.

INABINABILITY ILITY TO TO RRAISE AISE FUNDSFUNDS

The The war war had had sunk sunk the the new new nation nation badly badly in in to to debt, debt, andandthe the Articles Articles declared declared that that Congress Congress could could not not levy levy taxes.taxes.Furthermore, Furthermore, with with a a massive massive debt, debt, it it was was hard hard to to ndndcreditors. creditors. This This combination combination spelled spelled immediate immediate troubtroublelefor for the the new new nation. nation. For For instance, instance, how how could could it it afford afford totopay pay an an army? army? Who Who would would regulate regulate currency? currency? Under Under thetheArticles, Articles, the the nation nation could could not not manage manage its its scal scal affairs.affairs.

THTHE E NENEED ED FOFOR R UNUNANIANIMITMITY Y TO TO MMAKE AKE CCHANHANGEGESS

TTo o help help remedy remedy this this problem, problem, in in 1781, 1781, nationalists nationalists ininCongress Congress chartered chartered a a national national bank bank to to help help consolidate consolidate the the national national debt debt and and facilitate facilitate credit. credit. In In order order for for the the bankbankto to operate, operate, howeverhowever, , Congress Congress needed needed money money to to create create aasystem system of of reserves. reserves. TTo o get get that that capital, capital, Congress Congress passed passed aabill bill that that put put a a 5 5 percent percent tax tax on on all all imported imported goods. goods. HoweverHowever,,the the Articles Articles of of Confederation Confederation required required that that all all bills bills receivereceiveunanimous unanimous approval approval before before becoming becoming lawlaw. . Tiny Tiny RhodeRhodeIsland, Island, reliant reliant on on foreign foreign trade trade for for its its economyeconomy, , would would notnotassent assent to to the the tax. tax. Without Without Rhode Rhode Island, Island, the the bill bill died, died, asasdid did these these early early plans plans for for a a national national bank. bank. In In matters matters legislalegisla–tive, tive, the the need need for for unanimity unanimity was was a a clear clear problem.problem.

LLAACK CK OOF F AUTHOAUTHORITRITY Y OVEOVER R ININTERTERNAL NAL TTRARADEDE

FinallyFinally, , commerce commerce between between the the states states suffered suffered becausebecausethere there was was no no central central authority authority to to manage manage it. it. Because Because eacheachstate state had had its its own own currencycurrency, , its its own own levels levels of of in ation, in ation, andandits its own own taxes, taxes, it it was was dif cult dif cult to to transport transport goods goods acrossacrossstate state lines lines or or engineer engineer large large programs programs that that would would encomencom–pass pass an an entire entire region. region. The The Articles Articles provided provided no no nationalnationalpolicy policy on on commerce, commerce, and and throughout throughout the the rst rst half half of of thethedecade, decade, delegates delegates from from southern southern states states resisted resisted efforts efforts totodevise devise one. one. They They feared feared that that such such a a policy policy would would allowallownorthern northern merchants merchants to to monopolize monopolize the the trade trade of of southernsouthern

agricultural agricultural products, products, bypassing bypassing southern southern merchants merchants andandtraders. traders. Without Without an an overarching overarching government government to to overseeoverseecommerce, commerce, the the entire entire nation’nation’s s economy economy would would suffersuffer..

7-3 7-3 DADAY TY TO DAO DAY Y OPERAOPERATIONSTIONSOF THEOF THE CONFEDERA CONFEDERATIONTION

In In addition addition to to these these constitutional constitutional problems, problems, the the govgov–ernment ernment under under the the Articles Articles faced faced three three other other signi cantsigni cantchallenges: challenges: (1) (1) managing managing western western expansion, expansion, (2) (2) foreignforeignrelations, relations, and and (3) (3) debt. debt. These These further further underscored underscored thetheArticles’ Articles’ strengths strengths and and weaknesses.weaknesses.

7-7-33aa The The Western Western ProblemProblemThe The most most prespressing sing challenge challenge concerned concerned land land in in the the WWest.est.During During and and after after the the Revolution, Revolution, Americans Americans continued continued theirtheirseemingly seemingly perpetual perpetual push push westward, westward, and and in in the the 1780s 1780s largelargenumbers numbers of of Americans Americans moved moved to to western western Pennsylvania,Pennsylvania,KentuckyKentucky, , and and the the Nashville Nashville region. region. They They were were slowlyslowlypopulating populating the the area area between between the the Appalachian Appalachian MountainsMountainsand and the the Mississippi Mississippi RiverRiver, , further further dispossessing dispossessing the the IndiansIndianswho who lived lived there there alreadyalready. . As As these these pioneers pioneers moved moved west, west, theytheybegan began to to enrich enrich the the states states that that had had charters charters in in the the WWest est (since(sincemany many of of the the original original colonial colonial charters charters speci ed speci ed northern northern andandsouthern southern boundaries boundaries but but usually usually made made the the western western boundbound–ary ary the the Paci c Paci c Ocean). Ocean). These These stipulations stipulations bred bred jealousyjealousyamong among states states that that had had no no claims claims on on western western land. land. Maryland,Maryland,in in fact, fact, refused refused to to ratify ratify the the Articles Articles of of Confederation Confederation untiluntilthe the largest largest western western landholderlandholder, , Virginia, Virginia, ceded ceded its its westernwesternholdings holdings to to the the federal federal government government (Map (Map 7.1).7.1).

LAND LAND CESCESSIONSSIONSIn In 1784, 1784, Congress Congress nally nally persuaded persuaded Virginia Virginia to to cedecedemuch much of of its its land land to to the the federal federal government. government. But But VVirginiairginiaand and other other large large landholders landholders did did so so only only on on the the conditionconditionthat that they they be be allowed allowed to to keep keep small small “reserves” “reserves” of of land land forforlater later use, use, a a condition condition the the Continental Continental Congress Congress had had totogrant. grant. By By 1802, 1802, eighteen eighteen years years laterlater, , all all states states had had cededcededtheir their western western lands lands to to the the federal federal government. government. TheTheinability inability of of the the federal federal government government under under the the Articles Articles totomake make this this happen happen sooner sooner showed showed it it could could not not bully bully thethestates states into into doing doing what what it it needed, needed, even even if if what what it it wantedwantedwas was best best for for the the young young nation.nation.

ORGAORGANIZINGNIZING TERRITORIE TERRITORIESSWith With continued continued westward westward migration migration and and calls calls forforthe the federal federal government government to to oversee oversee that that expansion,expansion,Congress Congress devised devised several several plans plans to to organize organize the the westernwestern

128128 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

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territories. territories. The The Land Land Ordinance Ordinance of of 1785, 1785, which which surveyedsurveyedthe the immense immense western western territoryterritory, , divided divided it it into into townships townships 6 6 miles miles square square and and set set prices prices for for its its sale sale to to individuals.individuals.This This plan plan favored favored wealthy wealthy speculators speculators because because smallsmallfarmers farmers could could not not afford afford an an entire entire “township,” “township,” thusthusrequiring requiring speculators speculators to to act act as as intermediaries, intermediaries, whichwhichdrove drove prices prices up. up. These These speculators, speculators, not not small small farmers,farmers,were were the the real real bene ciaries bene ciaries of of this this system.system.

Furthermore, Furthermore, two two years years later later Congress Congress passed passed thetheNorthwest Northwest OrdinancOrdinance e of of 17871787, , which which established established territoterrito–rial rial governments governments in in the the Great Great Lakes Lakes region region and and set set a a patternpattern

Northwest Northwest Ordinance Ordinance of of 1787 1787 Legislation Legislation that that establishedestablishedterritorial territorial govgovernments ernments in in the the Great Great Lakes Lakes rregion egion and and set set a a pattern pattern ffororfuture future western western devdevelopmentelopment

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Map Map 7.17.1 Western Western Land Land Claims Claims After After the the RRevolutionevolution>> >> A A map map of of the the nenew w United United States States of of America,America, highlighting highlighting the the large large western western lands lands claimed claimed bbyyVVirginia,irginia, Georgia, Georgia, and and other other states,states, land land thethey y would would eeventually ventually cede cede to to the the federfederal al gogovernment.vernment.

129129Day-to-Day Day-to-Day Operations Operations of of the the ConfederationConfederation

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for for future future western western development. development. The The Ordinance Ordinance craftedcraftedboundaries boundaries for for territories territories and and developed developed laws laws by by which which aaterritory territory could could be be included included in in the the nation. nation. When When the the malemalepopulation population of of a a territory territory reached reached 5,000, 5,000, it it could could elect elect a a legleg–islature islature and and send send a a delegate delegate to to Congress. Congress. When When the the populapopula–tion tion reached reached 60,000, 60,000, the the territory territory could could enter enter the the Union Union as as aastate, state, on on equal equal status status with with all all other other states, states, including including the the origiorigi–nal nal thirteen. thirteen. The The Northwest Northwest Ordinance Ordinance also also contained contained somesome–thing thing absent absent from from the the Articles: Articles: a a bill bill of of rights. rights. In In addition, addition, thetheOrdinance Ordinance prohibited prohibited slavery slavery in in the the territories, territories, a a point point thatthatwould would become become increasingly increasingly contentious contentious as as westward westward expanexpan–sion sion continued continued throughout throughout the the rst rst half half of of the the 1800s. 1800s. It It did,did,howeverhowever, , act act with with blatant blatant disregard disregard for for the the native native inhabitantsinhabitantsof of the the land, land, creating creating a a system system for for white white expansion expansion that that wouldwouldbe be defended defended by by the the federal federal government.government.

But, But, of of course, course, because because the the federal federal governmentgovernmentcould could not not fund fund a a standing standing armyarmy, , it it had had little little capacitycapacityto to protect protect those those settlers settlers who who moved moved there. there. WWar ar withwithIndians Indians would would continue continue to to rage rage for for the the next next centurycentury..

7-7-33bb The The Problem Problem of of FForeign oreign RelationsRelationsThe The second second important important issue issue confronted confronted by by the the governgovern–ment ment under under the the Articles Articles of of Confederation Confederation had had to to do do withwithforeign foreign relations. relations. Most Most signi cantlysigni cantly, , with with a a weak weak federalfederal

government, government, Americans Americans found found it it dif cult dif cult to to secure secure theirtheirborders. borders. Three Three groups groups took took advantage advantage of of this this weakness:weakness:the the BritisBritish, h, the the Spanish, Spanish, and and pirates.pirates.

THE THE BRBRITISHITISH

Although Although the the United United States States had had won won its its independence,independence,Britain Britain retained retained a a few few forts forts along along the the U.S.–CanadianU.S.–Canadianborderborder. . They They did did this this to to protect protect their their lucrative lucrative fur fur tradetradeand and to to ensure ensure the the United United States States paid paid off off its its loans loans totoBritish British creditors. creditors. The The United United States States badly badly wanted wanted thesetheseforts forts removed removed but but did did not not have have the the muscle muscle to to push push themthemout. out. Again, Again, the the United United States States had had no no standing standing army army andandcould could not not afford afford to to maintain maintain one.one.

THE THE SPSPANISHANISHThe The second second grating grating interloper interloper was was Spain, Spain, and, and, from from aaforeign foreign relations relations perspective, perspective, there there were were three three problemsproblemswith with Spain: Spain: (1) (1) the the TTreaty reaty of of Paris Paris was was unclear unclear about about whowhocontrolled controlled a a piece piece of of land land called called the the YYazoo azoo Strip, Strip, whichwhichwas was the the boundary boundary between between Spanish Spanish Florida Florida and and AmericanAmericanGeorgia; Georgia; (2) (2) the the Spanish Spanish controlled controlled the the mouth mouth of of thetheMississippi Mississippi River River and and were were able able to to close close off off this this centralcentralaccess access point point to to the the American American interiorinterior, , should should they they evereverwish wish to; to; and and (3)(3) the the Americans Americans wanted wanted access access to to SpanishSpanishtraders traders in in the the WWest est Indies, Indies, but but Spain Spain was was reluctant reluctant to to allowallow

>> >> Like Like other other images images of of the the American American WWest,est, this this “Plan “Plan of of an an American American NeNew w ClearedClearedFFarm”arm” from from 1793 1793 helped helped entice entice Americans Americans to to momove ve further further wwest,est, something something the the federalfederalgovgovernment ernment sought sought to to control control with with the the Northwest Northwest OrOrdinance dinance of of 1787.1787.

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130130 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

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this this because because it it did did not not want want the the United United States States to to becomebecomedominant dominant in in the the WWestern estern Hemisphere.Hemisphere.

In In 1784, 1784, Spain Spain made made a a proposition proposition to to the the UnitedUnitedStates: States: Spain Spain would would grant grant Americans Americans access access to to the the SpanishSpanishWWestest Indies Indies (which (which would would bene t bene t American American traders),traders),but but it it would would cut cut off off access access to to the the Mississippi Mississippi River River (so(soSpain Spain could could limit limit the the amount amount of of goods goods coming coming down down thetheMississippi Mississippi into into the the open open market). market). Needing Needing nine nine votes votes ininCongress Congress to to approve approve the the measure, measure, the the treaty treaty oundered,oundered,winning winning only only seven. seven. It It was was revealing revealing that that all all seven seven votesvotescame came from from northern northern states, states, infuriating infuriating southerners southerners andandwesterners, westerners, both both of of whom whom would would be be hurt hurt economically economically ififthe the Mississippi Mississippi River River were were closed closed off off to to American American tradtrad–ers. ers. The The Spanish Spanish eventually eventually reopened reopened the the MississippiMississippibut but charged charged high high duties duties to to American American merchants.merchants.

PPIIRRATATEESS

In In the the 1780s, 1780s, American American forces forces were were also also impotent impotent in in thetheface face of of Mediterranean Mediterranean pirates, pirates, who who preyed preyed on on AmericanAmericantrade trade ships ships in in the the Atlantic Atlantic and and the the Caribbean. Caribbean. WithoutWithoutthe the capital capital to to maintain maintain a a strong strong navynavy, , the the governmentgovernmentunder under the the Articles Articles could could do do little little to to stop stop the the maraudingmaraudingof of American American ships.ships.

77–3c 3c The The DebtDebtDespite Despite these these two two serious serious issues issues (the (the WWest est and and foreignforeignrelations), relations), the the most most immediate immediate problem problem facing facing the the newnewnation nation was was debt. debt. This This had had three three visible visible political political rami carami ca–tions: tions: (1) (1) those those who who held held the the debt debt wanted wanted to to be be repaid; repaid; (2) (2) the the rank-and- le rank-and- le of of the the army army grew grew angry angry when when thethegovernment government could could not not pay pay all all the the backpay backpay it it owed owed the the solsol–diers; diers; and and (3) (3) farmers farmers grew grew angry angry because because in ation in ation hadhadpriced priced them them out out of of the the life life to to which which they they were were accustomed.accustomed.

PROPROMIMISSORY SSORY NNOTES OTES AAND ND BOBONDNDSS

TTo o nance nance the the Revolutionary Revolutionary WWarar, , the the American American governgovern–ment ment had had sold sold bonds, bonds, which which had had to to be be repaid, repaid, plus plus interinter–est, est, at at a a certain certain time time in in the the future. future. Furthermore, Furthermore, thethegovernment government had had issued issued several several promissory promissory notes, notes, mostlymostlyto to farmers farmers whose whose land land was was used used during during the the warwar, , and and usuusu–ally ally after after the the army army had had seized seized farmers’ farmers’ property property in in order order totowage wage battle. battle. Both Both types types of of debt-holders debt-holders wanted wanted to to be be paidpaidback back to to prevent prevent them them from from defaulting defaulting on on their their own own loans.loans.

AN AN ANGRY ANGRY ARMYARMY

The The problem problem escalated escalated when, when, shortly shortly after after the the warwar, , ititbecame became evident evident that that the the government government could could not not pay pay itsitssoldiers soldiers they they pay pay it it owed owed them. them. Of cers Of cers petitioned petitioned ononbehalf behalf of of soldiers’ soldiers’ grievances, grievances, sometimes sometimes threateningthreateningviolence violence if if the the payments payments were were not not made. made. In In one one standoff,standoff,

troops troops protested protested in in front front of of PhiladePhiladelphia’lphia’s s IndependenceIndependenceHall, Hall, forcing forcing the the Continental Continental Congress Congress to to abandonabandonPhiladelphia Philadelphia (it (it moved moved to to Princeton, Princeton, New New JerseyJersey, , untiluntilthe the threat threat quieted quieted down). down). Only Only George George WWashington’ashington’sswords words could could soothe soothe the the troops. troops. But But this this signaled signaled troublestroublesto to come; come; after after all, all, the the Continental Continental Congress Congress was was stillstillunable unable to to raise raise revenue, revenue, and and soldiers soldiers were were angryangry..

ANGANGRRY Y FFARARMERMERSS

Meanwhile, Meanwhile, the the economy economy remained remained incredibly incredibly turbulent,turbulent,and and farmers farmers were were hit hit hardest. hardest. They They had had enjoyed enjoyed risingrisingprices prices for for their their goods goods during during the the war war and and had had increasedincreasedtheir their spending, spending, sometimes sometimes to to the the point point of of indebtedness.indebtedness.After After the the warwar, , with with no no army army to to feed, feed, markets markets suddenlysuddenlyshrank. shrank. At At the the same same time, time, Britain Britain prohibited prohibited AmericanAmericanships ships from from trading trading in in the the WWest est Indies, Indies, further further limitinglimitingthe the size size of of the the market.market.

As As a a result, result, American American agricultural agricultural goods goods oodedoodedAmerican American markets, markets, lowering lowering prices prices and and droppingdroppingfarm farm wages wages by by as as much much as as 20 20 percent. percent. When When creditorscreditorsdemanded demanded payment payment from from the the farmers farmers in in gold gold or or silversilver(a (a form form of of payment payment called called ), ), most most farmers farmers werewerespeciespecieunable unable to to pay pay their their debts. debts. Although Although most most of of the the farmers’farmers’debts debts were were small, small, foreclosure foreclosure threatened threatened manymany. . SomeSomewere were about about to to lose lose their their farms farms or or were were imprisoned imprisoned afterafterbeing being convicted convicted in in debtors’ debtors’ court.court.

SHASHAYS’ YS’ REBREBELLIOELLIONN

The The nancial nancial burden burden seemed seemed unbearable unbearable to to those those whowhohad had just just fought fought for for independence. independence. In In Massachusetts, Massachusetts, aatax tax increase increase compounded compounded these these problems. problems. In In 1786, 1786, ruralruraltowns towns in in Massachusetts Massachusetts petitioned petitioned its its state state assembly assembly forfora a moratorium moratorium on on taxes taxes and and on on lawsuits lawsuits against against debtors.debtors.In In doing doing so, so, they they relied relied on on the the republican republican revolutionaryrevolutionarylanguage language that that had had fueled fueled the the revolution revolution in in 1776. 1776. WhenWhenthe the assembly assembly rejected rejected their their petitions, petitions, angry angry crowds crowds gathgath–ered ered at at several several county county courthouses courthouses to to stop stop the the courts courts bybyforce. force. Daniel Daniel Shays, Shays, a a former former Continental Continental Army Army of cerof cer,,emerged emerged as as one one of of the the leaders leaders of of the the rebellion, rebellion, and and waswaslater later vili ed vili ed as as a a crazy crazy anarchist anarchist by by the the press, press, whichwhichnamed named the the rebellion rebellion after after him.him.

Fed Fed up up with with the the Massachusetts Massachusetts government’government’s s failurefailureto to address address the the problem problem of of in ation in ation and and with with its its apparentapparentfavoritism favoritism toward toward coastal coastal mercmerchants hants who who did did not not requirerequirethe the large large and and costly costly infrastructure infrastructure that that farmers farmers did, did, ononJanuary January 26, 26, 1787, 1787, Shays Shays and and several several others others led led 1,200 men1,200 men

specie specie Gold Gold or or silversilver, , which which has has intrinsic intrinsic value, value, used used as as paymentpaymentinstead instead of of paper paper moneymoney, , which which has has exextrinsic trinsic valuevalue

131131Day-to-Day Day-to-Day Operations Operations of of the the ConfederationConfederation

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to to seize seize control control of of the the federal federal arsenal arsenal in in Spring eld,Spring eld,Massachusetts. Massachusetts. This This potential potential coup coup was was formally formally calledcalledShayShays’s’ Rebellion Rebellion..

The The Massachusetts Massachusetts government, government, howeverhowever, , had had prepre–pared pared for for such such a a move move (after (after protesters protesters had had stormed stormed thethedebtors’ debtors’ courts), courts), and and a a force force of of 4,400 4,400 soldiers soldiers from from NewNewEngland England was was ready ready to to defend defend the the arsenal. arsenal. TTellinglyellingly, , thesethesetroops troops were were funded funded and and led led into into battle battle by by East East CoastCoastmerchants, merchants, not not country country farmers. farmers. The The troops troops opened opened rereon on Shays’ Shays’ armyarmy. . Six Six died. died. This This seemed seemed to to be be the the beginningbeginningof of a a civil civil war war between between the the commercial commercial class class and and the the farmfarm–ing ing class, class, the the wealthy wealthy and and the the poorpoor. . But, But, unprepared unprepared forforformal formal combat, combat, the the rebels rebels quickly quickly abandoned abandoned their their siege,siege,and and during during the the next next few few weeks weeks Shays’ Shays’ Rebellion Rebellion waned.waned.

Despite Despite the the rebellion’rebellion’s s quick quick but but violent violent dissolution,dissolution,unrest unrest continued continued to to haunt haunt leaders leaders in in Massachusetts Massachusetts andandother other states. states. Shays’ Shays’ Rebellion Rebellion was was a a warning warning that that the the federalfederalgovernment government would would have have to to address address the the problem problem of of debt debt ininorder order to to prevent prevent a a lowerlower-class -class uprising. uprising. Under Under the the ArticlesArticlesit it was was impossible impossible to to do do so. so. Shays’ Shays’ Rebellion Rebellion was was also also aawarning warning about about the the dangers dangers of of true true democracydemocracy, , dangers dangers thatthat

made made many many leading leading intellectuals intellectuals incredibly incredibly nervous. nervous. HowHowcould could order order be be preserved preserved in in a a country country that that lionized lionized liberty?liberty?

7-7-33dd The The FFailure ailure of of the the ArticlesArticlesof of ConfederationConfederation

Despite Despite these these underlying underlying problems problems with with the the ArticArticles les ofofConfederation, Confederation, a a nancial nancial collapse collapse was was the the last last strawstraw..In In 1783, 1783, Britain Britain banned banned all all American American ships ships from from thetheWWest est Indies Indies and and put put limitations limitations on on speci c speci c competitivecompetitiveitems items coming coming into into Britain. Britain. Few Few other other countries countries grantedgrantedprotective protective treaties treaties with with the the United United States, States, knowingknowingthat that America America was was too too weak weak to to honor honor them. them. The The UnitedUnitedStates, States, therefore, therefore, had had few few places places to to export export its its goods.goods.Meanwhile, Meanwhile, the the individual individual American American states states began began totolevy levy their their own own tariffs tariffs to to raise raise moneymoney. . The The result result waswasthat that the the states states with with the the lowest lowest tariffs tariffs received received the the mostmosttrade, trade, which which led led to to hostile hostile competition competition between between thethevarious various states states within within the the Union. Union. The The federal federal governgovern–ment’ment’s s attempt attempt to to pay pay off off its its debt debt by by simply simply asking asking thethestates states for for help help was was not not working working and and was was in in fact fact propro–moting moting further further discord discord by by leading leading them them to to competecompetewith with each each otherother. . With With a a single single veto, veto, both both New New YYork ork andandRhode Rhode Island Island rejected rejected proposed proposed revenue-raising revenue-raising tartar–iffs. iffs. Change Change had had to to come.come.

At At the the urging urging of of Virginia Virginia and and Maryland, Maryland, in in 17861786(months (months before before Shays’ Shays’ Rebellion), Rebellion), congressional congressional reprerepre–sentatives sentatives made made plans plans to to meet meet in in Annapolis, Annapolis, Maryland, Maryland, totodiscuss discuss the the problem problem of of commerce. commerce. Only Only ve ve states states sent sent deldel–egates, egates, but but several several prominent prominent gures gures were were there, there, includinclud–ing ing James James Madison, Madison, Alexander Alexander Hamilton, Hamilton, and and GeorgeGeorgeWWashington. ashington. The The convention’convention’s s main main success success was was in in reachreach–ing ing a a consensus consensus to to call call a a general general meeting meeting of of delegates delegates forforthe the purpose purpose of of amending amending the the Articles Articles of of Confederation.Confederation.They They agreed agreed to to meet meet again again in in May May 1787, 1787, in in Philadelphia.Philadelphia.

7-4 7-4 THE THE CONSTITUTIONALCONSTITUTIONALCONVENTIONCONVENTION

Although Although it it started started as as an an effort effort to to amend amend the the Articles Articles ofofConfederation, Confederation, the the meeting meeting in in Philadelphia Philadelphia rapidly rapidly becamebecamea a Constitutional Constitutional Convention, Convention, aimed aimed at at creating creating an an entirelyentirelynew new government. government. There There were were substantial substantial differences differences ofofopinion, opinion, howeverhowever, , and and the the Constitutional Constitutional ConventionConventiondebated debated these these issues issues throughout throughout the the summer summer of of 1787. 1787. TheThegoings-on goings-on were were kept kept secret, secret, thus thus allowing allowing each each member member totospeak speak his his mind mind without without fear fear of of political political retribution. retribution. OnlyOnlythrough through participants’ participants’ notes, notes, most most notably notably James James Madison’Madison’s,s,do do we we know know what what happened happened at at the the ConvenConvention.tion.

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>> >> ShaShays’ ys’ Rebellion,Rebellion, depicted depicted here here shoshowingwingfederal federal trtroops oops firing firing on on the the rural rural rrebels,ebels, leading leadingsix six men men to to die,die, demonstrated demonstrated not not only only the the dirdireeproblem problem of of the the federfederal al debt, debt, but but also also the the dangersdangersof of true true democracdemocracyy..

ShaysShays’’ Rebellion Rebellion PPotential otential coup coup of of January January 26, 26, 1787, 1787, whenwhenDaniel Daniel Shays Shays led led 1,200 1,200 men men to to seize seize ccontrol ontrol of of the the ffederal ederal arsenal arsenal ininSpringfield, Springfield, Massachusetts, Massachusetts, to to prprotest otest the the state state leglegislatureislature’’s s inabilitinability y totoaddress address the the debt debt problems problems of of small small farmersfarmers

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7-7-44aa MembershipMembershipOne One matter matter on on which which there there was was complete complete agreement agreement waswasthat that George George WWashington ashington should should be be the the president president of of thetheConvention. Convention. WWashington’ashington’s s reputation reputation and and integrity integrity propro–tected tected the the Convention Convention from from accusations accusations it it had had usurpedusurpedthe the authority authority of of the the Congress.Congress.

Along Along with with WWashington, ashington, fty-four fty-four other other delegatesdelegatesattended. attended. Members Members had had been been elected elected by by their their state,state,and and they they were, were, for for the the most most part, part, members members of of thethesocial social and and educational educational elite. elite. Most Most were were young young (aver(aver–age age age: age: forty-two), forty-two), wealthywealthy, , and and wanted wanted to to strengthenstrengthenthe the national national government government to to protect protect trade trade and and propro–mote mote economic economic and and social social stabilitystability. . They They were were leeryleeryof of democracydemocracy, , because, because, as as Shays’ Shays’ Rebellion Rebellion had had justjustdemonstrated, demonstrated, democracy democracy could could be be messymessy. . Most Most of of thethedelegates delegates were were also also lawyers lawyers (more (more than than half half were were colcol–lege lege graduates), graduates), which which meant meant they they would would respect respect andandhonor honor the the rule rule of of lawlaw..

7-7-44bb Preliminary Preliminary PlansPlansThere There were were several several key key divisions divisions at at the the ConventionConvention(northern (northern states states versus versus southern, southern, merchants merchants versus versus farmfarm–ers), ers), butbut none none was was as as important important as as that that between between the the largelargestates states and and the the small small ones. ones. TTwo wo plans, plans, prepared prepared beforebeforethe the Convention Convention even even began, began, highlighted highlighted the the differencesdifferencesbetween between the the two.two.

THTHE E VIRVIRGIGININIA A (LAR(LARGE GE STASTATTES) ES) PLPLANAN

James James Madison Madison of of Virginia Virginia was was one one of of thethemost most vocal vocal at at the the Convention Convention and, and, becausebecauseit it is is from from his his notes notes that that we we know know much much ofofwhat what we we know know about about the the Convention, Convention, he he isisalso also often often deemed deemed to to be be its its starstar. . A A thirty-six-thirty-six-yearyear-old -old Princeton Princeton graduate, graduate, Madison Madison waswaswell well read read in in political political science. science. He He came came totothe the Convention Convention with with an an agenda, agenda, summasumma–rized rized as as the the Virginia Virginia Plan. Plan. The The VVirginiairginiaPlanPlan sought sought to: to: (1) (1) scrap scrap the the Articles Articles ofofConfederation; Confederation; (2) (2) create create a a Congress Congress withwithtwo two houses, houses, known known as as a a bicameral bicameral legislegis–lature; lature; (3) (3) establish establish a a federal federal judiciary; judiciary; (4) (4) establish establish a a president president who who was was electedelectedby by Congress; Congress; and and (5) (5) in in general general create create aacentralized centralized system system of of government government in in whichwhichCongress Congress had had veto veto power power over over the the actions actions ofofthe the states. states. Membership Membership in in Congress Congress wouldwouldbe be determined determined by by population, population, which which wouldwouldclearly clearly favor favor the the large large states.states.

THTHE E NENEW W JEJERSERSEY Y (SMA(SMALL LL STSTATES) ATES) PLPLANAN

For For obvious obvious reasons, reasons, smaller smaller states states objected objected to to thetheVirginia Virginia Plan. Plan. Under Under the the Articles Articles of of Confederation, Confederation, allallstates states had had received received an an equal equal voice voice in in Congress, Congress, regardregard–less less of of size, size, and and states states could could veto veto the the actions actions of of the the federalfederalgovernment. government. TTo o counter counter the the Virginia Virginia Plan, Plan, New New JerseyJerseydelegate delegate William William Paterson Paterson proposed proposed an an alternative—alternative—the the New New Jersey Jersey PlanPlan—that —that called called for for revising revising thetheArticles Articles of of Confederation Confederation rather rather than than replacing replacing themthemaltogetheraltogether. . Paterson’Paterson’s s plan plan strengthened strengthened the the federal federal govgov–ernment ernment in in many many ways, ways, but but it it proposed proposed giving giving each each statestateequal equal representation representation in in a a single, single, or or unicameral, unicameral, legislalegisla–ture, ture, and and ensured ensured the the federal federal government government couldn’couldn’t t vetovetothe the actions actions of of the the state.state.

7-7-44cc Drafting Drafting the the ConstitutionConstitutionThe The Convention Convention was was deadlocked deadlocked over over apportionmentapportionmentof of representatives representatives until until Roger Roger Sherman Sherman of of ConnecticutConnecticutcame came up up with with a a compromise.compromise.

VirVirginia ginia Plan Plan This This proposal, proposal, known known as as the the large large statstates es planplanbecause because it it favorfavored ed those those states, states, soughsought t to to scrap scrap the the Articles Articles ofofConfederaConfederation tion and and create create a a CCongress ongress with with two two houseshouses, , withwithrepresentarepresentation tion in in CongrCongress ess being being determined determined by by ppopulationopulation

New New Jersey Jersey Plan Plan This This proposal proposal suggested suggested revising revising the the Articles Articles ofofConfederaConfederation tion rather rather than than replacing replacing them them altaltogetherogether

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>> >> Most Most delegates delegates wwere ere yyoung oung (a(average verage age: age: forty-forty-two),two), wealth wealthyy, , and and wwanted anted to to strengthen strengthen the the nationalnationalgovgovernment ernment to to protect protect trade trade and and promote promote economiceconomicand and social social stabilitystability. . HerHere e is is a a latterlatter-da-day y rereproduction production ofoftheir their deliberations.deliberations.

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THETHE GREA GREAT T CCOMPROMIOMPROMISESE

Sherman Sherman suggested suggested granting granting eacheachstate state equal equal representation representation in in thetheupper upper house house (to (to be be called called thetheSenate) Senate) and and representation representation thatthatwas was proportional proportional to to populationpopulation(1(1 representative representative for for every every 30,00030,000people) people) in in the the lower lower house house (the(theHouse House of of Representatives). Representatives). ThisThisplan plan was was ultimately ultimately approved approved (after(afterBenjamin Benjamin Franklin Franklin reproposed reproposed ititand and conceded conceded to to the the larger larger states states the the power power to to have have allallfunding funding bills bills originate originate in in the the lower lower house). house). Sherman’Sherman’s s planplanis is called called the the Great Great CCompromiseompromise because because it it broke broke a a stalestale–mate mate that that could could have have been been fatal fatal to to the the development development of of aanew new federal federal constitution.constitution.

SLSLAAVE VE STASTATTE E VEVERSUS RSUS FFREREE E STSTAATETE

The The large large states states versus versus small small states states debate debate was was only only oneoneof of the the many many divisions divisions that that bedeviled bedeviled the the Convention, Convention, andandindeed, indeed, the the Great Great Compromise Compromise had had raised raised another another probprob–lem. lem. How How do do you you count count the the population population of of each each state?state?Should Should only only voters voters count? count? Only Only taxpayers? taxpayers? Should Should womenwomencount? count? Although Although the the conventioneers conventioneers had had ready ready answersanswersfor for many many of of these these questions, questions, the the issue issue became became volatilevolatilewhen when it it touched touched on on slaveryslavery..

In In the the early early 1780s 1780s the the Atlantic Atlantic slave slave trade trade was was at at itsitsheight. height. But But the the spread spread of of antislavery antislavery sentiment sentiment in in thetheNorth North seemed seemed to to threaten threaten their their labor labor supplysupply. . In In addiaddi–tion, tion, southerners southerners feared feared that that freed freed slaves slaves woulwoulddseek seek vengeance vengeance against against their their former former masters.masters.And And so so southern southern delegates delegates wanted wanted a a concon–stitutional stitutional guarantee guarantee that that slavery slavery wouldwouldbe be legal legal in in the the new new nation, nation, and and theytheyneeded needed political political power power to to ensure ensure thatthat

slavery slavery would would continue. continue. Thus, Thus, inina a stroke stroke of of historical historical ironyirony, , thisthisdemand demand meant meant that that southernerssouthernerswanted wanted slaves slaves to to be be included included ininthe the counting counting of of their their population,population,which which would would grant grant the the South South moremorerepresentatives representatives in in the the House.House.Northerners Northerners objected, objected, arguingarguingthat, that, because because slaves slaves would would notnothave have an an active active political political voice, voice, theirtheirnumbers numbers should should not not be be included.included.

YYet et another another compromise compromise emerged, emerged, allowing allowing southernsouthern–ers ers to to include include three- fths three- fths of of their their slave slave population population for for bothbothrepresentation representation and and the the apportionment apportionment of of federal federal taxes.taxes.This This ““ ” ” demonstrated demonstrated that, that, despite despite thethethree- fthree- fths ths clauseclausenew new nation’nation’s s stated stated commitment commitment to to freedom freedom and and equalityequality,,white white Americans Americans still still treated treated African African Americans Americans as as far far lesslessthan than equal—and equal—and that that this this perceived perceived inequality inequality would would bebeenshrined enshrined in in the the American American Constitution.Constitution.

Delegates Delegates also also had had to to forge forge a a compromise compromise regardregard–ing ing the the slave slave trade. trade. Some Some southerners southerners threatened threatened totosecede secede if if the the slave slave trade trade was was abolished, abolished, but but many many deldel–egates egates (both (both northern northern and and southern) southern) considered considered thethetrade trade inhumane. inhumane. George George Mason, Mason, a a Virginia Virginia slaveholderslaveholderhimself, himself, even even predicted predicted that that slavery slavery would would cause cause “the“thejudgment judgment of of heaven” heaven” to to fall fall upon upon the the nation. nation. But But thethemajority majority of of delegates delegates felt felt the the survival survival of of the the nationnationwas was at at stake stake and and agreed agreed to to yet yet another another compromise.compromise.UltimatelyUltimately, , antislavery antislavery delegates delegates agreed agreed to to permitpermitthe the slave slave trade trade for for twenty twenty more more years, years, until until 1808. 1808. InInexchange, exchange, proslavery proslavery delegates delegates granted granted Congress Congress thetheauthority authority to to regulate regulate commerce commerce with with a a simple simple majormajor–

ity ity (rather (rather than than the the two-thirds two-thirds vote vote desired desired by by mostmostsoutherners).southerners).

EAEAST ST VEVERSRSUS US WEWESTST

The The nal nal compromise compromise of of the the Convention Convention was was mademadebetween between eastern eastern and and western western states. states. EasternersEasterners

were were afraid afraid that that western western expansion expansion would would allow allow thethegovernment government to to be be controlled controlled by by agricultural agricultural interestsinterests

rather rather than than commercial commercial ones. ones. TTo o compromise,compromise,the the Convention Convention granted granted Congress Congress (and (and notnot

the the president) president) the the power power to to admit admit newnewstates states to to the the nation, nation, which which meant meant that that thethe

eastern eastern states states that that were were already already a a part part

Great Great CCompromise ompromise Plan Plan totogrant grant each each state state equal equal rrepresentationepresentationin in the the upper upper house house (to (to be be called called thetheSenate) Senate) and and represenrepresentation tation thatthatwas was proportional proportional to to population population (1 (1 representarepresentative tive for for evevery ery 30,000 30,000 people)people)in in the the lower lower house house (the (the House House ofofRepresentativRepresentatives)es)

three- fthree- fths ths clause clause SecSection tion of of thetheConstitution Constitution that that allowallowed ed southernerssouthernersto to include include three-fifths three-fifths of of their their slaveslavepopulation population for for both both reprrepresentation esentation andandthe the apportionment apportionment of of federal federal taxestaxes

George George Mason, Mason, aaVirginia Virginia slaveholderslaveholder

himself, himself, predictedpredictedthat that slavery slavery wouldwould

cause cause “the “the judgmentjudgmentof of heaven” heaven” to to fallfall

upon upon the the nation.nation.

>> >> James James MadisonMadisonof of VVirgina.irgina.iStock.ciStock.c om/om/ WynnterWynnter

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of of the the nation nation would would have have the the power power to to regulate regulate the the numbernumberof of new new (western) (western) states states that that could could enterenter..

7-5 7-5 THE THE CONSTITUTIONCONSTITUTIONOnce Once these these compromises compromises were were agreed agreed upon upon (after (after thetheConvention Convention had had gone gone on on for for four four hot hot summer summer months), months), thetheConvention Convention established established the the structure structure of of the the new new governgovern–ment ment in in a a constitution. constitution. The The U.S. U.S. Constitution Constitution developeddevelopedmostly mostly out out of of the the Virginia Virginia Plan, Plan, although although considerableconsiderableconcessions concessions were were made made to to small small states, states, southern southern states,states,and and eastern eastern states. states. Indeed, Indeed, James James Madison Madison was was furiousfuriousthe the federal federal government government wasn’wasn’t t as as strong strong as as he’d he’d hoped. hoped. InInthe the end, end, the the Convention Convention created created a a government government of of threethreebranches—executive, branches—executive, legislative, legislative, and and judicial—grantingjudicial—grantingunique unique powers powers to to each each branch.branch.

7-7-55aa The The PowPowers ers Given Given to to CongrCongressessThe The Convention Convention allocated allocated several several speci c speci c powers powers totoCongress. Congress. The The Convention’Convention’s s intention intention was was to to makemakeCongress Congress the the most most powerful powerful branch, branch, allowing allowing it it to to do do vveevital vital things: things: (1) (1) collect collect taxes taxes and and raise raise revenue; revenue; (2) (2) reguregu–late late commerce, commerce, both both foreign foreign and and domestic domestic (except (except on on thetheissue issue of of slaveryslavery, , where where compromise compromise meant meant that that it it couldcouldnot not touch touch the the issue issue until until 1808); 1808); (3) (3) declare declare war; war; (4) (4) mainmain–tain tain an an army; army; and and (5) (5) make make any any changes changes “necessary “necessary andandproper” proper” to to pursue pursue these these powers, powers, and, and, it it added, added, “all “all otherotherPowers Powers vested vested by by this this Constitution Constitution in in the the GovernmentGovernmentof of the the United United States.” States.” By By controlling controlling the the government’government’sspurse purse strings strings and and by by demanding demanding that that all all laws laws originateoriginatein in Congress, Congress, the the Constitutional Constitutional Convention Convention wantedwantedto to ensure ensure no no single single authority authority would would possess possess too too muchmuchpowerpower. . This This was was a a testament testament to to the the republican republican ideologyideologyof of the the warwar, , although although somewhat somewhat tempered tempered by by the the comprocompro–mises mises made made at at the the Convention.Convention.

7-7-55bb The The Executive Executive BranchBranchThe The Convention Convention also also created created an an executive executive branch, branch, concon–sisting sisting of of a a president president and and his his cabinet.cabinet.

HOHOWW ELE ELECC TTEDED

Because Because of of their their experience experience with with King King George George III, III, mostmostAmericans Americans initially initially favored favored keeping keeping power power in in the the hands hands ofofelected elected legislators. legislators. YYet, et, after after the the failure failure of of the the Articles Articles ofofConfederation, Confederation, those those at at the the Constitutional Constitutional ConventionConventionrealized realized that that this this system system did did not not work. work. As As an an alternative,alternative,the the Virginia Virginia Plan Plan proposed proposed having having Congress Congress elect elect thethepresident. president. Another Another plan plan would would have have the the president president serveserve

a a life life term. term. A A third third plan plan would would have have three three presidentspresidentsserving serving simultaneouslysimultaneously. . FinallyFinally, , Gouverneur Gouverneur Morris, Morris, ananin uential in uential delegate delegate from from Pennsylvania, Pennsylvania, insisted insisted that that thetheexecutive executive should should not not depend depend on on Congress Congress for for his his of ce.of ce.Instead, Instead, Morris Morris proposed proposed having having him him elected elected directly directly bybythe the people people to to two two terms terms of of substantial substantial length.length.

Although Although this this plan plan had had its its merits, merits, the the framers framers of of thetheConstitution Constitution remained remained fearful fearful of of true true democracydemocracy. . TheyTheyremembered remembered Shays’ Shays’ Rebellion. Rebellion. So So in in the the Constitution Constitution theytheycreated created an an that that was was composed composed of of deldelElectoral Electoral CollegeCollege –egates egates from from each each state state equal equal in in number number to to its its total total apporappor–tionment tionment in in Congress Congress (number (number of of senators senators plus plus numbernumberof of representatives). representatives). The The college college was was designed designed to to ensureensurethat that only only quali equali ed d candidates, candidates, not not populist populist hooligans, hooligans, gotgotelected. elected. OriginallyOriginally, , each each delegate delegate in in the the Electoral Electoral CollegeCollegewas was to to vote vote for for two two people. people. The The person person who who received received thethemost most votes votes would would be be president; president; the the one one with with the the secondsecondmost most votes votes would would be be vice vice president. president. Anticipating Anticipating that that sevsev–eral eral people people would would run run for for president president (and (and not not anticipatanticipat–ing ing the the two-party two-party system), system), the the House House of of RepresentativesRepresentativeswould would decide decide the the president president if if no no one one received received a a majoritymajorityof of the the votes.votes.

POWEPOWERSRS

The The Constitution Constitution also also gave gave the the president president the the powerpowerto to do do ve ve important important things things (although (although perhaps perhaps not not asasimportant important as as the the powers powers granted granted to to the the legislature):legislature):(1) (1) make make treaties, treaties, but but only only if if two-thirds two-thirds of of the the SenateSenateapproved approved them; them; (2) (2) oversee oversee the the army army and and navy navy as as comcom–mandermander-in-chief; -in-chief; (3) (3) name name diplomats diplomats with with the the consentconsentof of the the Senate; Senate; and, and, most most important, important, (4) (4) execute execute the the lawslawspassed passed in in Congress Congress and and (5) (5) veto veto acts acts of of Congress Congress that that hehedid did not not feel feel were were constitutional constitutional (or(or, , as as it it was was understoodunderstoodafter after Andrew Andrew Jackson, Jackson, in in the the country’country’s s best best interests).interests).The The president president was was to to be be powerful, powerful, and and also also somewhatsomewhatdeferential deferential to to Congress.Congress.

7-7-55cc The The Judicial Judicial BranchBranchThe The Constitution Constitution also also provided provided for for a a federal federal systemsystemof of courts, courts, headed headed by by a a Supreme Supreme Court Court and and severalseveralregional regional courts. courts. The The president president was was to to name name the the judgesjudgesto to the the courts courts to to serve serve lifetime lifetime appointments. appointments. TheThejudges judges had had jurisdiction jurisdiction over over constitutional constitutional questions,questions,cases cases in in which which the the United United States States itself itself was was a a partyparty, , andand

Electoral Electoral College College Group Group composed composed of of delegates delegates frfrom om each each statestateequal equal in in number number to to its its total total apportionment apportionment in in Congress Congress (number (number ofofsenators senators plus plus number number of of reprrepresentatives); esentatives); these these delegadelegates tes cast cast votesvotesfor for presidentpresident

135135The The ConstitutionConstitution

Copyright Copyright 2018 2018 Cengage Cengage Learning. Learning. All All Rights Rights Reserved. Reserved. May May not not be be copied, copied, scanned, scanned, or or duplicated, duplicated, in in whole whole or or in in part. part. Due Due to to electronic electronic rights, rights, some some third third party party content content may may be be suppressed suppressed from from the the eBook eBook and/or and/or eChapter(s).eChapter(s).Editorial Editorial rereview view has has deemed deemed that that any any suppressed suppressed content content does does not not materially materially affect affect the the overall overall learning learning experience. experience. Cengage Cengage Learning Learning reserves reserves the the right right to to remove remove additional additional content content at at any any time time if if subsequent subsequent rights rights restrictions restrictions require require it.it.

cases cases between between two two or or more more states states or or between between the the citiciti–zens zens of of two two or or more more states. states. The The framers framers also also includedincludeda a “supreme “supreme law law of of the the land land clause” clause” (or (or SupremacySupremacyClause), Clause), which which made made the the Constitution Constitution supreme supreme overoverstate state laws laws in in all all legal legal matters.matters.

7-7-55dd FederFederal al and and State State PPowersowersConscious Conscious of of the the necessary necessary balance balance between between state state andandfederal federal powers, powers, the the framers framers of of the the Constitution Constitution forbadeforbadestates states from from making making their their own own moneymoney, , levying levying customs,customs,or or infringing infringing on on the the obligation obligation of of contracts contracts (all (all thingsthingsthat that the the states states had had done done during during the the era era of of the the Articles Articles ofofConfederation). Confederation). Other Other than than that, that, states states maintained maintained sigsig–ni cant ni cant powerpower. . By By design, design, if if a a power power was was not not speci callyspeci callygiven given to to the the federal federal government, government, the the states states controlled controlled it.it.

7-7-55ee Relationship Relationship of of the the GoGovernmentvernmentand and the the GovernedGoverned

There There were were other other transitions transitions as as well. well. Under Under the the Articles,Articles,the the central central government government was was not not permitted permitted to to reach reach thetheindividual—that individual—that was was the the sovereign sovereign right right of of the the states. states. ButButunder under the the new new Constitution, Constitution, the the federal federal government government couldcouldrule rule individuals individuals directlydirectly. . Perhaps Perhaps the the most most signi cantsigni cantchange change in in this this regard regard was was granting granting the the federal federal governmentgovernmentthe the power power of of taxation. taxation. The The revolutionary revolutionary commitment commitment totorepresentation representation was was not not abandoned, abandoned, howeverhowever, , as as the the legislegis–lative lative branch branch of of government, government, which which represented represented the the peopeo–ple ple most most directlydirectly, , held held the the exclusive exclusive right right to to tax.tax.

7-6 7-6 THE THE RARATIFICATIFICATION TION DEBADEBATETEIn In September September 1787, 1787, the the framers framers of of the the ConstitutionConstitutionpresented presented their their work work to to the the states states for for rati cation. rati cation. TheTheConstitution Constitution needed needed the the states’ states’ approval approval to to become become thethelaw law of of the the land. land. Otherwise, Otherwise, the the Articles Articles of of ConfederationConfederationwould would still still rule. rule. The The conventioneers conventioneers urged urged each each state state to to hold hold a a special special convention convention to to discuss discuss ratifying ratifying the the new new document, document, and and they they voted voted that that approval approval by by nine nine statesstateswas was enough enough for for the the Constitution Constitution to to take take effect—effect—deliberately deliberately avoiding avoiding the the need need for for unanimityunanimity..

7-7-66aa A A Slow Slow StartStartA A few few states states rati ed rati ed the the Constitution Constitution almost almost immediately:immediately:smaller smaller states, states, such such as as Delaware, Delaware, Connecticut, Connecticut, and and NewNewJerseyJersey, , supported supported the the Constitution Constitution because because it it promised promised totostrengthen strengthen ttheir heir position position in in con icts con icts with with their their largerlarger, , moremorepopulous populous neighbors. neighbors. The The Great Great Compromise Compromise had had securedsecuredtheir their votes. votes. Georgia Georgia rati ed rati ed quickly quickly as as well well because because it it feltfeltthreatened threatened by by Indian Indian con icts con icts and and the the Spanish Spanish presencepresencein in Florida. Florida. The The people people of of Georgia Georgia needed needed protection.protection.But But the the only only large large state state to to ratify ratify the the Constitution Constitution beforebeforethe the end end of of winter winter 1788 1788 was was Pennsylvania. Pennsylvania. In In the the otherotherstates states with with a a large large population—particularly population—particularly New New YYork,ork,Massachusetts, Massachusetts, and and Virginia—concerns Virginia—concerns about about the the loss loss ofofsovereignty sovereignty generated generated opposition. opposition. Citizens Citizens in in those those statesstateswanted wanted to to ensure ensure they they kept kept the the rights rights they they felt felt they they hadhadwon won during during the the Revolution.Revolution.

>> >> This This cartoon cartoon from from the the 1787 1787 ratification ratification debate debate shoshows ws Connecticut Connecticut as as the the wagon,wagon, buried buriedunder under debt debt and and sinking sinking into into the the mud mud of of the the hapless hapless Articles Articles of of Confederation.Confederation. The The FFederalistsederalistsare are pulling pulling the the wawagon gon into into sunshine sunshine (it (it is is a a Federalist Federalist cartoon).cartoon). Connecticut Connecticut became became the the fifthfifthstate state to to approapprove ve the the UU.S.S.. Constitution. Constitution.

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136136 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

7-7-66bb The The FFederalistsederalistsFactions Factions speedily speedily formed. formed. It It was was never never a a foregone foregone concon–clusion clusion that that the the Constitution Constitution would would be be passed, passed, especiallyespeciallyafter after re ecting re ecting that that the the Revolution Revolution had had been been fought fought to to getgetrid rid of of an an overarching overarching government. government. In In an an effort effort to to underunder–cut cut opposition, opposition, supporters supporters of of the the Constitution Constitution took took thethename name FederalistsFederalists and and began began openly openly campaigning campaigning for for thetheConstitution’Constitution’s s rati cation. rati cation. The The Federalists, Federalists, mostly mostly comcom–posed posed of of young young men men whose whose careers careers had had been been made made by by thetheRevolution Revolution and and who who generally generally favored favored a a larger larger commercommer–cial cial platform, platform, emphasized emphasized that that the the new new government government wouldwouldnot not end end state state autoautonomynomy. . They They also also contemplated contemplated a a bill bill ofofrights rights that that would would prevent prevent the the new new centralized centralized governmentgovernmentfrom from infringing infringing on on what what were were considered considered natural natural rights.rights.

TTo o in uence in uence the the debate debate in in the the key key state state of of New New YYork,ork,in in 1787 1787 the the Federalists Federalists John John Jay Jay and and Alexander Alexander HamiltonHamiltonwrote wrote a a series series of of essays essays that that came came to to be be called called thetheFFederalist ederalist PPapersapers. . The The essays essays appeared appeared in in pamphlets pamphlets andandwere were condensed condensed in in newspapers. newspapers. Soon Soon James James Madison Madison ofofVirginia Virginia added added his his own own essays essays to to the the series. series. The The FederalistFederalistPapers Papers were were to to become become a a tool tool in in the the rati cation rati cation debate, debate, asaswell well as as America’America’s s most most signi cant signi cant contribution contribution to to politicalpoliticaltheorytheory. . They They defended defended the the Constitution Constitution article article by by article,article,demonstrated demonstrated to to Americans Americans how how the the Constitution Constitution wouldwouldwork, work, and and addressed addressed many many of of the the complaints complaints of of opponents,opponents,such such as as the the concerns concerns about about thethe size size of of the the new new nation. nation. TheThepapers papers were were a a tool tool of of ideological ideological warfare warfare in in the the name name ofofthe the new new Constitution. Constitution. And And the the Federalist Federalist Papers Papers weren’weren’ttalone. alone. Indeed, Indeed, they they are are simply simply the the most most famous famous (and (and perhaps perhaps not not even even the the most most in uential in uential at at the the time) time) in in aariver river of of polemical polemical literature literature arguing arguing about about rati cation.rati cation.

The The Federalists’ Federalists’ choice choice of of a a name name was was meaningful meaningful too.too.Supporters Supporters of of the the Constitution Constitution emphasized emphasized that that the the new new govgov–ernment ernment was was designed designed around around the the principle principle of of federalismfederalism,,which which is is the the philosophy philosophy of of government government in in which which states states andandnation nation share share the the responsibility responsibility of of government, government, with with no no oneonegroup group or or agency agency possessing possessing suf cient suf cient power power to to dominatedominatethe the otherother. . This This was was an an attempt attempt to to assuage assuage notions notions that that thethenew new government government would would slide slide into into tyrannytyranny..

7-7-66cc The The Anti-FederalistsAnti-FederalistsThe The name name impelled impelled opponents opponents to to take take thetheFederalistsFederalistsname name Anti-FederalistsAnti-Federalists. . The The Anti-FAnti-Federalistsederalists, , who who camecamefrom from a a variety variety of of factions factions and and included included many many prominentprominentpatriots, patriots, including including Patrick Patrick HenryHenry, , John John Hancock, Hancock, andandSamuel Samuel Adams, Adams, preferred preferred a a weaker weaker confederation confederation of of statesstatesand and a a more more direct direct democracydemocracy. . They They sought sought to to protect protect thethe“spirit “spirit of of ’76,” ’76,” the the language language they they used used to to make make sure sure democdemoc–racy racy was was preserved preserved despite despite the the obvious obvious need need to to govern. govern. InIn

fact, fact, AntAnti-Federalists i-Federalists did did not not really really oppose oppose federalism, federalism, butbutthey they did did object object to to the the concentration concentration of of power power in in a a centralcentral–ized ized government government regardless regardless of of how how it it divided divided powerpower. . TheyTheybelieved believed that that centralized centralized governments governments threatened threatened thethesovereignty sovereignty of of the the states states and and the the liberties liberties of of individuals.individuals.At At the the very very least, least, the the Anti-Federalists Anti-Federalists wanted wanted an an explicitexplicitbill bill of of rights rights to to safeguard safeguard those those liberties. liberties. Because Because of of theirtheirsteadfast steadfast defense defense of of individual individual rights, rights, historians historians often often viewviewthe the Anti-Federalists Anti-Federalists as as idealistic idealistic patriots patriots concerned concerned aboutabouthow how much much liberty liberty they they would would have have to to sacri ce sacri ce in in orderorderto to earn earn federal federal securitysecurity. . The The Federalists, Federalists, on on the the otherotherhand, hand, are are seen seen as as those those more more comfortable comfortable with with a a stronstron–ger ger national national government, government, with with more more to to gain gain by by having having aastrongerstronger, , overarching overarching government government and and more more to to lose lose by by thetheoccasional occasional violent violent ourishings ourishings of of true true democracydemocracy..

7-7-66dd The The DebateDebateThe The Federalists Federalists attempted attempted to to address address the the concerns concerns ofoftheir their opponents opponents by by arguing arguing that that the the rights rights of of the the statesstatesand and of of individuals individuals were were adequately adequately protected protected by by state state bills bills of of rights. rights. HoweverHowever, , the the Anti-Federalists Anti-Federalists maintainedmaintainedthat, that, if if the the Constitution Constitution were were the the supreme supreme law law of of thetheland, land, its its provisions provisions would would have have preeminence preeminence over over anyanystate state legislation. legislation. Thus, Thus, Anti-Federalists—especially Anti-Federalists—especially thosethosefrom from the the powerful powerful states states of of New New YYork ork and and Virginia—Virginia—insisted insisted on on the the addition addition of of a a federal federal Bill Bill of of Rights Rights beforebeforethey they would would consent consent to to rati cation. rati cation. The The Federalists, Federalists, on on thetheother other hand, hand, resisted resisted any any amendments amendments because because they they knewknewthe the addition addition of of new new sections sections to to the the Constitution Constitution meantmeantthe the entire entire process process of of rati cation rati cation would would have have to to start start overover..

Compromise Compromise ultimately ultimately broke broke the the deadlock. deadlock. InInMassachusetts, Massachusetts, the the Anti-Federalist Anti-Federalist leaderleader, , John John Hancock,Hancock,changed changed his his position position after after Federalists Federalists promised promised him him thatthat

FFederalists ederalists Framers Framers of of the the Constitution Constitution who who emphasized emphasized thatthatthe the new new government government wwould ould not not end end state state autonomautonomy; y; they they alsoalsocontemplatcontemplated ed a a Bill Bill of of Rights Rights that that would would prevprevent ent the the new new centralizcentralizededgovernment government frfrom om infringing infringing on on what what werwere e thought thought of of as as natural natural rightsrights

FFederalist ederalist PPapers apers Essays Essays written written by by John John JayJay, , Alexander Alexander Hamilton,Hamilton,and and James James MaMadison dison in in 1787, 1787, meant meant to to influence influence the the ConstitutionConstitutionratification ratification debatdebate e in in New New YYork ork State; State; the the essays essays defended defended thetheConstitution Constitution article article by by article article and and addressed addressed many many of of the the complaints complaints ofofopponents, opponents, such such as as the the concerns concerns about about the the sizsize e of of the the new new nationnation

federalism federalism Philosophy Philosophy of of government government in in which which statstates es and and thethenation nation share share the the responsibility responsibility of of govgovernment, ernment, with with no no one one grgroup oup ororagency agency possessing possessing sufficient sufficient power power to to dominate dominate the the otherother

Anti-FAnti-Federalists ederalists A A group group of of American American patriots patriots who who prefpreferred erred aaweaker weaker confconfederation ederation of of states states and and a a mormore e direct direct democracy; democracy; theytheyobjected objected to to the the concentration concentration of of popower wer in in a a centrcentralized alized governmengovernmenttregardless regardless of of how how it it divided divided popowerwer

137137The The Ratification Ratification DebateDebate

the the insertion insertion of of a a Bill Bill of of Rights Rights in in the the Constitution Constitution wouldwouldbe be the the rst rst order order of of business business for for the the new new government.government.Such Such conditional conditional rati cation rati cation providedprovidedNew New YYork ork and and Virginia Virginia with with an an acceptableacceptableformula formula for for their their own own voting; voting; they they shortlyshortlyconsented consented to to the the new new Constitution,Constitution,although although the the voting voting remained remained incrediblyincrediblyclose. close. Virginia Virginia passed passed the the Constitution Constitution bybya a vote vote of of 89 89 to to 79. 79. New New YYork’ork’s s vote vote in in favorfavorwas was 30 30 to to 27 27 (see (see TTable able 7.1).7.1).

The The compromise compromise came came just just in in time. time. InInJune June 1788, 1788, New New Hampshire Hampshire voted voted to to ratifyratifythe the Constitution, Constitution, becoming becoming the the criticalcriticalninth ninth state state and and putting putting the the ConstitutionConstitutioninto into functional functional operation. operation. But But it it was was crucialcrucialfor for the the new new government government to to have have the the supsup–port port of of the the larger larger states states of of Massachusetts,Massachusetts,New New YYork, ork, and and Virginia Virginia if if it it was was going going totosucceed. succeed. With With these these larger larger states states nownowsupporting supporting the the document, document, by by the the endendof of 1788, 1788, twelve twelve states states had had accepted accepted thetheConstitution Constitution (Rhode (Rhode Island Island nally nally rati ed rati ed the the Constitution Constitution in in 1790). 1790). The The new new United United States States govgovernment ernment was was launchedlaunched(see (see “The “The Reasons Reasons Why Why . . . . . . ” ” box).box).

7-7-66ee The The Bill Bill of of RightsRightsMassachusetts, Massachusetts, Virginia, Virginia, and and New New YYorkorkhad had all all agreed agreed to to ratify ratify the the ConstitutionConstitutiononly only if if Congress Congress hastened hastened to to the the tasktaskof of drafting drafting a a Bill Bill of of Rights Rights that that wouldwould

protect protect individual individual freedoms freedoms from from the the threatthreatof of a a potentially potentially tyrannous tyrannous federal federal government.government.It It began began the the task task of of crafting crafting these these rights rights evenevenbefore before the the Constitution Constitution was was fully fully rati ed.rati ed.Congress Congress pondered pondered a a dizzying dizzying number number of of propro–tections, tections, many many of of which which were were borrowed borrowed fromfromthe the various various state state constitutions. constitutions. In In the the end,end,twelve twelve were were proposed, proposed, and and ten ten passed.passed.

The The rst rst two two amendments, amendments, which which speci edspeci edthe the number number of of constituents constituents of of each each representativerepresentativeand and compensation compensation for for congressmen, congressmen, respectivelyrespectively,,did did not not pass. pass. The The remaining remaining ten ten became became the the BillBillof of Rights.Rights.

WWe e can can see see in in each each amendment amendment a a speci cspeci cgrievance grievance that that emerged emerged during during the the “long “long traintrainof of abuses” abuses” that that led led to to the the Revolution, Revolution, includingincludingthe the fear fear of of an an established established church, church, abridgementsabridgementsto to free free speech speech and and peaceful peaceful gatherings, gatherings, attemptsattemptsto to disarm disarm the the people, people, the the quartering quartering of of soldierssoldiers

in in private private homes, homes, the the forcible forcible removal removal of of private private propprop–ertyerty, , unreasonable unreasonable searches searches by by the the federal federal government,government,

TTable able 7.1 7.1 Ratification Ratification of of the the ConstitutionConstitution DateDate StStateate VVotes otes YYeses VoVotetess N Noo

DeceDecember mber 77, , 11787787 DelawareDelaware 3030 00 DeceDecember mber 1122, , 11787787 PennsylvPennsylvaniaania 4646 2323 December December 118, 8, 11787877 New New JeJerseyrsey 3838 00

JanuarJanuary y 2, 2, 11788788 GeGeorgiaorgia 2626 00 JanuarJanuary y 9, 9, 11788788 ConnecticutConnecticut 121288 4040 FebruaFebruary ry 6, 6, 11788788 MassachuseMassachusettstts 181877 161688

April April 28, 28, 11788788 MarMarylandyland 6363 1111 May May 23, 23, 11788788 South South CCarolinaarolina 149149 7373 JJuunnee 21, 21, 17817888 New New HampshireHampshire 5757 4747 June June 25, 25, 11788788 VirginiaVirginia 8989 7979

July July 26, 26, 11788788 NNeeww Yo Yorrkk 3030 2727 November November 2121, , 11789789 NorNorth th CarolinaCarolina 191944 7777

May May 2929, , 11790790 RhodeRhode Island Island 3434 3232

>> >> Each Each of of the the initial initial ten ten amendments amendments addraddressedessedspecific specific griegrievances vances the the colonists colonists had had with with the the British.British.Courts Courts hahave ve constantlconstantly y adapted adapted their their meanings meanings oover ver thethecourse course of of the the life life of of the the nation.nation.

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138138 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

Copyright Copyright 2018 2018 Cengage Cengage Learning. Learning. All All Rights Rights Reserved. Reserved. May May not not be be copied, copied, scanned, scanned, or or duplduplicated, icated, in in whole whole or or in in part. part. Due Due to to electronic electronic rights, rights, some some third third party party content content may may be be suppressed suppressed from from the the eBook eBook and/or and/or eChapter(s).eChapter(s).Editorial Editorial review review has has deemed deemed that that any any suppressed suppressed content content does does not not materially materially affect affect the the overall overall learning learning experience. experience. Cengage Cengage Learning Learning reserves reserves the the right right to to remove remove additional additional content content at at any any time time if if subsequent subsequent rights rights restrictions restrictions require require it.it.

There There wwere ere at at least least ffour our reasons reasons whwhy y the the states states raratifiedtifiedthe the Constitution:Constitution:

Small Small states states got got apportionment. apportionment. Several Several small small statesstates,,such such as as DelawareDelaware, , Connecticut, Connecticut, and and New New JerseyJersey, , supsup–ported ported the the new new Constitution Constitution immediatelyimmediately, , mainlymainlybecause because the the Constitution Constitution strengthened strengthened their their positionpositionrelative relative tto o the the largerlarger, , more more populous populous states. states. The The GreatGreatCompromise Compromise had had secursecured ed their their votesvotes..

Georgia Georgia needed needed protection.protection. Georgia Georgia supported supported thetheConstitution Constitution quickly quickly too, too, mainly mainly because because it it neededneededprotection protection from from the the Spanish Spanish in in FFlorida lorida and and the the IndiansIndiansto to its its south south and and west.west.

Rivers Rivers of of polemical polemical literaturliterature e like like the the FFederalistederalistPapersPapers.. The The Federalist Federalist PPapers, apers, drafted drafted by by John John JayJay,,Alexander Alexander Hamilton, Hamilton, and and James James Madison Madison during during thetherati cation rati cation debate debate in in New New YYork, ork, argued argued that that the the newnewConstitution Constitution would would not not abridge abridge the the “natural “natural rightsrights””that that were were ffought ought for for and and thought thought to to be be secured secured by by thetheAmerican American Revolution. Revolution. More More than than just just a a series series of of polemi-polemi-cal cal pamphlets, pamphlets, the the FFederalist ederalist Papers Papers addressed addressed manmany y ofofthe the most most important important questions questions in in political political theortheory y at at thethe

time, time, including including how how much much liberty liberty should should be be sacri cedsacri cedfor for the the protprotection ection of of a a governing governing statestate, , how how the the rightsrightsof of minority minority groups groups could could be be protected protected in in a a democracydemocracy,,how how the the Constitution Constitution could could prprevent event one one of of the the thrthreeeegoverning governing powpowers ers from from grgrowing owing too too strstrong, ong, and and how how aanation nation could could expand expand its its borders borders without without sacri cing sacri cing thethelibertliberty y of of those those already already membersmembers. . The The FederFederalist alist PPapersapersare are perhaps perhaps the the most most important important contributions contributions in in politi-politi-cal cal theortheory y evever er to to emerge emerge frfrom om the the United United StatesStates. . ButButthe the FFederalist ederalist PPapers apers were were hardly hardly alone, alone, and and wwere ere ininfact fact just just one one small small parpart t of of a a owing owing polemical polemical literaliteraturetureat at the the time.time.

The The promise promise of of a a Bill Bill of of RightsRights. . And And fourth, fourth, impelledimpelledby by the the writers writers who who came came to to be be known known as as the the ““Anti-Anti-FFederalists,ederalists,”” who who were were afraid afraid the the Constitution Constitution wwouldouldmake make the the national national government government ttoo oo strongstrong, , the the framersframersagreed agreed to to aattach ttach a a Bill Bill of of Rights Rights to to the the Constitution,Constitution,which which ensured ensured that that some some of of the the liberties liberties deemeddeemedsacred sacred would would be be prprotected otected in in the the Constitution. Constitution. ByByagreeing agreeing that that the the new new gogovernment’vernment’s s rst rst order order ofofbusiness business would would be be to to draft draft a a Bill Bill of of Rights, Rights, the the framfram–ers ers of of the the Constitution Constitution won won the the support support of of the the threethreemost most important important states states at at the the time: time: Massachusetts,Massachusetts,New New YYork, ork, and and VVirginia. irginia. The The state state leglegislatures islatures in in eacheachof of these these three three statesstates, , howevhoweverer, , still still endured endured incrediblyincrediblyclose close votesvotes..

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139139The The Ratification Ratification DebateDebate

the the denial denial of of a a trial trial by by one’one’s s peers, peers, and and the the suspensionsuspensionof of protections protections under under the the lawlaw. . The The First First Amendment’Amendment’ssprohibition prohibition against against establishing establishing a a national national religion religion waswasespecially especially important important because because of of the the sectarian sectarian battles battles haphap–pening pening between between the the various various Protestant Protestant denominations.denominations.The The Congregationalists Congregationalists in in New New England England were were afraid afraid thetheAnglicans Anglicans in in the the South South might might win win federal federal powerpower, , while while thetheAnglicans Anglicans were were equally equally afraid afraid of of the the Congregationalists.Congregationalists.The The Baptists, Baptists, meanwhile, meanwhile, were were bitter bitter that that some some statesstatesmaintained maintained control control over over certifying certifying who who could could become become aaministerminister, , making making them them fearful fearful that that one one day day they they might might bebebarred barred from from practicing practicing their their faith. faith. The The First First AmendmentAmendmentended ended many many of of these these debates debates and and assuaged assuaged most most of of thesethesefears, fears, at at least least at at the the federal federal level.level.

The The Bill Bill of of Rights Rights was was to to defend defend against against the the kindkindof of tyranny tyranny that that the the revolutionaries revolutionaries had had encountered encountered ininthe the run-up run-up to to the the Revolutionary Revolutionary WWarar. . Indeed, Indeed, the the nalnalamendment amendment making making up up the the Bill Bill of of Rights Rights pronouncedpronouncedthat that any any power power not not delegated delegated to to the the federal federal govergovernn–ment ment by by the the Constitution Constitution was was reserved reserved for for the the states,states,thus thus ensuring ensuring a a balance balance of of power power between between the the newnewgovernment government and and the the state state governments.governments.

>L>LOOOOKINKING G AHAHEADEAD……

TThe he Constitution Constitution has has survived, survived, relatively relatively unun–changed, changed, as as the the basis basis of of the the United United StatesStates’’ssrepublican republican government government ffor or more more than than twotwohundred hundred yearsyears. . The The first first ten ten amendments—amendments—

the the Bill Bill of of Rights Rights promised promised by by the the FFederalists—ederalists—were were added added in in 1791. 1791. Since Since then, then, only only seventseventeeneenmore more amendments amendments have have become become lalaww. . SSome ome of of the the fundamental fundamental debates, debates, including including the the question question of of thethebalance balance of of power power between between the the states states and and the the ffederalederalgovernment, government, continue continue todaytoday. . InterInterprpretations etations of of thetheframers’framers’ intentions intentions have have changed changed ovover er time, time, but but thetheAmerican American frame frame of of government government created created in in 1787 1787 hashasdemonstrated demonstrated impressive impressive flexibility flexibility and and longevitylongevity..

More More than than just just a a political political document, document, the the Consti-Consti-tution tution also also sparked sparked essential essential debates debates that that wouldwouldcontinue continue to to preoccupy preoccupy the the American American nation. nation. WhatWhatwould would be be the the role role of of African African Americans? Americans? Was Was America America a a nation nation only only for for white white people? people? And And what what aboutaboutwomen women as as citizens? citizens? Was Was therthere e any any justification justification fforor

their their exclusion exclusion from from vvoting? oting? And And what what would would be be thethenature nature of of the the relationship relationship between between the the Americans Americans andandthe the Indians, Indians, both both of of whom whom had had good good reasons reasons to to think think ofofthe the land land as as theirs? theirs? Who Who would would decide? decide? The The ConstitutionConstitutiontook took a a stand stand on on many many of of these these issuesissues, , coming coming out out ininways ways that that make make it it look look anything anything but but democratic. democratic. SlavSlaveseswere were to to be be countcounted ed as as merely merely thrthreeee-fifths -fifths of of a a personperson(and (and only only so so that that their their owners owners could could possess possess moremore power power in in CongCongress), ress), women women wwere ere not not explicitly explicitly grantedgrantedthe the right right to to vote, vote, and and Indians Indians were were not not made made citizcitizens.ens.

Through Through amendment amendment and and custom, custom, though, though, thetheAmerican American nation nation would would slowly slowly achieve achieve grgreater eater democracy.democracy.The The initial initial steps steps werwere e taken taken in in the the first first years years of of the the new new nation, nation, a a period period that that historians historians today today call call the the FFederalist ederalist era.era.

SSTTUDYUDY TOOLTOOLSS77READY READY TTO O STUDY?STUDY? IN IN THE THE BOOKBOOK, , YOU YOU CAN:CAN:❏ ❏ Rip Rip out out the the Chapter Chapter Review Review Card, Card, which which includes includes key key termterm

and and chapter chapter summaries.summaries.

ONLINE ONLINE AAT T WWWWWW.CENGAGEBRAIN.COM, .CENGAGEBRAIN.COM, YOUYOU❏ ❏ Collect Collect StudyBits StudyBits whilewhile you you read read and and study study the the chapterchapter..❏ ❏ Quiz Quiz yourself yourself on on key key concepts.concepts.❏ ❏ Find Find videos videos for for further further exploration.exploration.❏ ❏ Prepare Prepare ffor or tests tests with with HIST5 HIST5 Flash Flash Cards Cards as as well well as as thosthos

you you create.create.

❏ ❏ Read Read the the Articles Articles of of ConfConfederation.ederation.❏ ❏ Read Read the the Northwest Northwest Ordinance.Ordinance.❏ ❏ Learn Learn more more about about the the Constitutional Constitutional Convention Convention and and readread

MadisonMadison’’s s original original notes.notes.

❏ ❏ Read Read the the UU.S. .S. Constitution.Constitution.❏ ❏ Read Read the the FFederalist ederalist Papers.Papers.❏ ❏ Read Read the the Bill Bill of of Rights.Rights.

140140 CHAPTER CHAPTER 7:7: Confederation Confederation and and Constitution, Constitution, 1783–17891783–1789

17177777–17–178811 StaStatetes s ratifratify y ArArtiticles cles of of ConConfederation.federation.

17178833 ContContineninental tal CCongresongress s demobildemobilizes izes CConontinentinenttalalAArrmmy.y.

17178844 VViirgrgininia ia ccedes edes westwestern ern lland and cclalaimims s tto o fedefederal ral gogovv–ernmeernment.nt.

17178855:: FFrrenchenchman man J. J. PP. . BlancBlancharhard d is is sasaid id to to be be tthe he firsfirst t toto actually actually uuse se a a paraparachuchutte e by by drdropping opping a a dog dog in in a a babasket,sket, to to wwhichich h the the parparachutachute e was was attattachedached, , from from a a hhotot–aiair r balloon. balloon. The The dog dog ssurvivedurvived, , but but foufourteen rteen yeayears rs latlaterer, , BlancBlancharhard d suffered suffered a a hheart eart attack, attack, fefell ll frfrom om one one of of hihis s own own balballoonsloons, , and and didied ed of of hihis s injuries.injuries.

17178866 In In vaivain, n, MaMassacssachuhusetsetts ts farmers farmers petitionpetition for for debt debt reliefrelief..

17178877:: NorNorththwest west OrdinancOrdinancee cr createates es territterritoorial rial governments, governments, ororderders s westwestern ern development.development.January January 26:26: In In Shays’ Shays’ RebRebellion, ellion, MassachuMassachusetsetts ts farmers farmers try try to to seizseize e federfederal al ararmory.mory.May:May: SStattate e delegdelegatate e meetimeeting ng in in PPhiladelphihiladelphia a turnturns s intinto o ConConstitutional stitutional CConventonvention.ion.September: September: DelDelegates egates present present nenew w ConConstitutionstitution to to states states for for ratification.ratification.December: December: Delaware, Delaware, Pennsylvania, Pennsylvania, New New JJersey ersey ratifratify y Constitution.Constitution.MozMozart art compocomposes ses hhiis s operopera a DDon on GiovGiovanni.anni.17178888 JuJune:ne: New New HampsHampshire hire becbecomes omes nintninth h ststate ate ttooratifratify y ConConstitution.stitution.AuAustrstralia alia iis s first first settled settled by by EEuropeanuropeans s as as a a penpenal al ccolonolonyy..17178899 September:September: C Congresongress s sendsends s Bill Bill of of RigRighthts s to to ssttatates es foforatification.ratification.MutiMutiny ny ttakes akes placplace e on on H.H.M.S. M.S. BountyBounty..

17179900 M May:ay: Rhode Rhode IsIsland land is is llast ast state state tto o ratify ratify ConstConstitutitution.ion.11791791 December: December: BilBill l of of RiRighghts ts goes goes ininto to effeceffect.t. 11793:793: Reign Reign oof f TTerrerror or beginbegins s in in FrFrancance, e, aas s rivalrival

revolurevolutionary tionary factions factions battle battle over over the the prproper oper ways ways iin n whicwhich h “li“libertbertyy, , equalityequality, , and and frafrateternirnityty””can can be be iimplemenmplemented ted in in a a modern modern nnatioation-stn-stateate..Between Between 115,000 5,000 and and 40,000 40,000 FFrenrench ch lolose se ttheir heir lliveivessduriduring ng the the ffourteen-monourteen-month th TTerrorerror, , many many by by ttheheblade blade ofof the the guillotiguillotine, ne, which which earns earns the the nickname nickname “National “National RazorRazor..””

What What Else Else WWas as HappHappeningening

C HC H 7 7 T I M E L I N ET I M E L I N E

The The Ratification Ratification DebateDebate 141141