Using resources from the Topic 7 Readings, including your textbook, materials provided by your instructor through class discuss

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

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LEARNING LEARNING OBJECTIVESOBJECTIVES After 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 StaStatestes declared 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 thetheconfrontedconfronted Articles 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 thethe needs 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 inin 1787,1787, 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, especiallespeciallyy concerning 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 describe the the actions actions of of its its supporters supporters and and its its opponents,opponents, and and explain explain how how and and wwhenhen rarati 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 itit had had three three immediate immediate problems: problems: (1) (1) it it had had amassed amassed aa huge 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) itit had 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 werewere intensi ed intensi ed because because the the ideology ideology that that had had propelledpropelled the the revolution—republicanism—strenuously revolution—republicanism—strenuously warnedwarned against against a a strong strong central central authorityauthority. . Most Most AmericansAmericans wanted wanted their their day-to-day day-to-day freedoms. freedoms. They They wanted wanted thethe liberties 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 thosethose freedoms, 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 aa government government able able to to provide provide libertyliberty, , but but strong strong enoughenough to 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 ofof Confederation, Confederation, proved proved unsuccessful. unsuccessful. The The Articles Articles mademade the the federal federal government government too too weak weak to to address address the the nation’nation’ss pressing pressing needs. needs. By By 1787, 1787, Americans Americans had had scrappedscrapped the the Articles Articles and and designed designed an an entirely entirely new new structure structure ofof government. government. This This new new government, government, as as de ned de ned in in thethe United United States States Constitution, Constitution, placed placed more more power power in in aa central central authority authority than than most most Americans Americans had had anticipatedanticipated or or wanted. wanted. But But a a Bill Bill of of Rights Rights protected protected the the libertiesliberties Americans 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 thethe nation 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 thethe American American government government between between 1783 1783 and and 1789. 1789. It It beginsbegins by by examining examining the the state state constitutions constitutions that that served served as as testingtesting grounds grounds for for the the federal federal constitution; constitution; then then it it examines examines thethe strengths strengths and and weaknesses weaknesses of of the the Articles Articles of of ConfederationConfederation before before addressing addressing the the current current U.S. U.S. Constitution Constitution and and itsits Bill 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 ConnecticutConnecticut and 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 goinggoing on. on. The The ideas ideas laid laid out out by by John John Locke, Locke, Jean-JacquesJean-Jacques Rousseau, Rousseau, John John TTrenchard, renchard, Thomas Thomas Gordon, Gordon, the the BritishBritish Parliament, Parliament, and and the the colonial colonial legislatures legislatures were were put put to to thethe test test at at the the state state level level during during these these years. years. These These statestate constitutions 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 ContentContent While While experimentation experimentation was was the the word word of of the the dayday, , mostmost state state constitutions constitutions had had several several common common elements. elements. ForFor instance, instance, all all were were attempts attempts to to fashion fashion a a government government thatthat offered offered some some form form of of representation representation to to the the people. people. GoneGone were were the the days days of of non-elected non-elected leaders. leaders. Almost Almost all all of of thethe state state constitutions constitutions also also shared shared three three other other things: things: (1) (1) billsbills of of rights; rights; (2) (2) limits limits on on participation; participation; and and (3) (3) separationseparation of 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 billbill of of rightsrights that that protected protected the the “natural “natural rights” rights” that that manymany Americans 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 scatteredscattered within within them, them, but but no no separate separate list. list. Most Most of of the the bills bills ofof rights rights guaranteed guaranteed the the freedom freedom of of the the press, press, the the rightright of of popular popular consent consent before before being being taxed, taxed, and and protectionsprotections against against general general search search warrants. warrants. Most Most states states guaranteedguaranteed the the freedom freedom of of religion, religion, although although many many limited limited politicalpolitical participation 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 whowho paid paid taxes. taxes. And And New New Jersey Jersey opened opened the the vote vote to to “all “all freefree inhabitants” 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 that many many Americans Americans felt felt wwere ere threathreatened tened by by BritainBritain’’s s prerevolutionaryprerevolutionary laws; laws; most most of of the the bills bills of of rights rights included included in in early early statstate e constitutionsconstitutions guaranteed guaranteed the the freedom freedom of of the the prpress, ess, the the right right of of popular popular cconsentonsent before before being being taxtaxed, ed, and and protprotections ections against against general general search search warrantswarrants

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

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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each each state state maintained maintained limits limits on on who who could could vote vote andand who 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 particularparticular religion. religion. WWomen omen and and teenagers teenagers were were almost almost universallyuniversally excluded excluded from from voting, voting, except, except, sometimes, sometimes, when when theythey owned owned propertyproperty..

SESEPPARARAATITION ON OOF F POWEPOWERSRS As As they they tinkered tinkered with with various various forms forms of of government, government, eacheach state state recognized recognized that that creating creating several several different different branchesbranches of 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 becomingbecoming overly overly tyrannical tyrannical or or exerting exerting an an excess excess of of authorityauthority. . ThisThis was was called called the the separation separation of of popowerswers. . In In the the 1780s, 1780s, JohnJohn Adams Adams of of Massachusetts Massachusetts developed developed the the theory theory behindbehind separation 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 lifelife to to ensure ensure they they were were beholden beholden to to no no one. one. Despite Despite thethe ideal ideal of of separation separation of of powers, powers, the the legislative legislative branchesbranches were were almost almost always always more more powerful powerful than than the the executiveexecutive and and judicial judicial branches.branches.

7-17-1bb ResultsResults The The various various state state constitutions constitutions were were valuable valuable forums forums forfor working working out out different different types types of of government. government. Many Many workedworked well well for for their their citizens. citizens. The The constitutions constitutions drafted drafted earlier earlier inin the the process process tended tended to to be be more more radical radical and and democratic democratic (like(like Pennsylvania’Pennsylvania’s s 1776 1776 constitution), constitution), while while the the constitutionsconstitutions adopted adopted later later (like (like Massachusetts’ Massachusetts’ 1780 1780 constitution, constitution, or or eveneven Pennsylvania’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 issueissue of of how how the the states states would would participate participate in in a a national national bodybody. . TheThe states states were were keen keen to to keep keep their their powers. powers. And And most most AmericansAmericans were were leery leery of of a a large large national national government, government, uncertain uncertain itit could could prevent prevent itself itself from from becoming becoming tyrannically tyrannically powerful.powerful.

7-2 7-2 THE THE ARARTICLES TICLES OFOF CONFEDERACONFEDERATION,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 ed in 1777 in 1777 with with the the Articles Articles of of Confederation.Confederation.

7-7-22aa OriginsOrigins In In the the absence absence of of a a federal federal government, government, the the ContinentalContinental Congress 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 sevseveraleral different different brbranches anches of of government government and and giving giving each each of of them them diffdifferenterent responsibilities responsibilities so so as as to to prevprevent ent any any one one body body frfrom om exerting exerting an an excessexcess of of authorityauthority

>> >> NeNew w JerseJersey’y’ss constitution constitution ofof 1776 1776 opened opened thethe francfranchise hise to to “all “all freefree inhabitants”inhabitants” who who werwere e worth worth at at leastleast fifty fifty pounds,pounds, thus thus allowing allowing manmany y NewNew JerseJersey y women women andand African African Americans Americans toto vote vote for for the the first first timetime.. This This dradrawing wing showsshows women women and and AfricanAfrican Americans Americans exhibitingexhibiting their their right right to to votevote..

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126126 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 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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moneymoney, , managing managing trade, trade, and and dealing dealing with with debt. debt. But But it it hadhad done 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. . FeelingFeeling the 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 realizedrealized they they had had to to form form a a governing governing bodybody. . So So between between 17761776 and and 1777 1777 the the Continental Continental Congress Congress drafted drafted the the ArticlesArticles of of ConfConfederationederation. . The The following following yearyear, , it it presented presented thethe document document to to the the states states for for rati cation, rati cation, and, and, by by July July 17781778 eight eight states states had had rati ed rati ed the the document. document. But But full full unanimityunanimity of of the the thirteen thirteen states, states, which which was was required required before before it it couldcould go 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 statesstates did did not not really really affect affect the the Articles Articles of of Confederation, Confederation, whichwhich were were drafted drafted too too early early to to be be substantially substantially in uenced in uenced by by thethe state state constitutions. constitutions. Thus Thus the the Articles Articles did did not not innovate; innovate; theythey basically 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 thethe ideological 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 hehe refused refused to to sign sign the the Declaration Declaration of of Independence Independence (he (he feltfelt the the colonies colonies were were ill ill prepared), prepared), the the Continental Continental CongressCongress invited invited him him to to draft draft the the new new system system of of government.government.

7-7-22bb Division Division of of PoPowerswers Leery Leery of of a a strong strong federal federal powerpower, , the the Articles Articles provided provided forfor each each state’state’s s independence, independence, and and granted granted very very little little powerpower to 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 administrativeadministrative agency agency that that provided provided a a meeting meeting place place for for debate debate andand enacted enacted some some very very minimal, minimal, hard-to-enforce hard-to-enforce rules.rules.

POWPOWERERS S RERESESERVERVED D FOR FOR THTHE E FEFEDEDERARALL GOGOVERNMENTVERNMENT

Dickinson’Dickinson’s s Articles Articles placed placed all all governing governing power power in in aa single single legislature, legislature, which which was was the the system system followed followed underunder the the Continental Continental Congress. Congress. This This meant meant there there was was nono separation 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 executiveexecutive powerpower. . 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 powerspowers were were minimal. minimal. The The Continental Continental Congress, Congress, on on the the otherother hand, hand, had had ve ve powers powers under under the the Articles: Articles: (1) (1) to to declaredeclare war 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 aa currency; 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-important rights 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 becausebecause they they are are the the actions actions that that keep keep the the money money rolling rolling in. in. IfIf the the states states would would not not provide provide enough enough funds funds to to ght ght aa warwar, , what what could could the the federal federal government government do? do? Under Under thethe Articles Articles of of Confederation, Confederation, it it could could do do nothing.nothing.

7-7-22cc Achievements Achievements of of the the ArticlesArticles WWe e can can already already begin begin to to guess guess at at the the aws aws and and limits limits ofof the 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 aa government government of of laws laws that that placed placed limits limits on on the the government’government’ss

Articles Articles of of Confederation Confederati

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