Battling Egos and The Art of Compromise: Building and Maintaining a New Government (1784-1791) Segment 5 History 22

1. Battling Egos and The Art of Compromise: Building and Maintaining a New Government (1784-1791)Segment 5History 22

2. 1) Weak Central Government: Articles of Confederation • 13 States each retained their sovereignty • Congress had no power: Couldn’t Tax, Enforce Laws • States often didn’t bother to send delegates 2) Wrecked Economy • Hundreds of Millions $ in Public and Private Debt • Soldiers went home to no jobs, huge debts • Industry, Commerce were devastated from the war 3) Weak Military • European Powers bullied America in the Western Frontiers and on the Seas • England reneged on troop pullout pledge. Troops kept in Ohio, Maine, Oregon • Soldiers couldn’t prevent Indian attacks on the western frontier 4) Creation of a National Government • A common threat brought unity. No incentive for unity now • A compelling case would have to be made for a Strong National Government Success of Independence By No Means GuaranteedSerious Challenges and Dangers for The New American Nation The Big Question Mark ? Is it to Be? POSSIBLE DANGERS 1) Thirteen Independent and weak Nations or 2-3 weak Confederations 2) Long-Term Economic Weakness: Crushing Debt, restricted commerce 3) War between 13 states over Western Expansion 4) Spain, France, England grow in North America while America is weak

3. Why was a Constitutional Convention Necessary? 1) “Too Much Democracy” can be a bad thing – The Debtor’s Rebellions The Organizer – Alexander Hamilton 2) No Unity among the States 3) No Laws or Rules – Chaos in many areas 4) British still in North America 5) Problems of Commerce – Such As?

4. George Washington President of Convention Constitutional Convention – Philadelphia, 1787 12 States sent between 2 and 8 delegates each (55 delegates total). Alexander Hamilton New York John Langdon New Hampshire Roger Sherman Connecticut Ben Franklin Pennsylvania Philadelphia State House - “Independence Hall” James Madison Virginia Elbridge Gerry Massacussets On these points, they generally agreed: • Some form of Federal Government with Independent States • Some form of a Democratic, Republican Government • Some system of checks and balances between the Government Components • Some system which Protected Property and Secured People’s Rights • Levy Taxes, Raise an Army and Navy, Regulate Commerce, Sign Treaties, issue money

5. JOHN LOCKE JEAN-JACQUES ROSSEAU Influence of Political Philosophers “The legislative acts against the trust reposed in them, when they endeavor to invade the property of the subject, and to make themselves […]masters, or arbitrary disposers of the lives, liberties, or fortunes of the people” MONTESQUIEU ADAM SMITH “Every man, as long as he does not violate the laws of justice, is left perfectly free to pursue his own interest his own way” What man loses by the social contract is his natural liberty and an unlimited right to everything he tries to get and succeeds in getting; what he gains is civil liberty and the proprietorship of all he possesses. "When the law making and law enforcement powers are united in the same [body], there can be no liberty." The Spirit of the Laws - 1748 Wealth of Nations - 1776 Second Treatise on Government - 1690 The Social Contract - 1762

6. Constitutional ConventionThe Thorny Issues 1) Large Versus Small States • Virginia + New Jersey Plans • Equal versus Proportional Representation 2) Slavery • Outlawed or Not? • Counting Slaves in Representation? • How Much Federal Power? • • Vis-à-Vis the States Constitutional Convention – Hamilton, Wilson, Madison, Franklin 4) Protections Against Abuse of Power • Proponents want Written Guarantees Washington Presiding over 1787 Constitution Convention

7. The ConstitutionA Product of Compromise 1) Large Versus Small States Article I, Section 2 + 3: The Connecticut Compromise 2) Slavery Article I, Section 9: 1808 trade ban Article I, Section 2: 3/5 compromise Article IV, Section 2: Slave Return 3) How Much Federal Power? Amendment X Non-Interference in State Issues 4) Abuse of Power Protections Bill of Rights: Amendments 1-10 Checks and Balances

8. The Federalists WHAT THEY BELIEVED • Faith in government activism • Trust in centralized power • Belief in general, implied powers • Belief in centralized governance • Belief in collective operation • Seek greatness and empire Pro-Constitution Broadside - 1787 The Federalist Papers A Collection of Essays The Authors of The Federalist Papers GENERAL SUPPORTERS • Men with Commercial and Financial Interests Alexander Hamilton James Madison John Jay

9. "My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask who authorized them (the framers of the Constitution) to speak the language of 'We, the People,' instead of 'We, the States?'“ -- Patrick Henry, 1788 The Anti- Federalists • Skepticism towards government activism • Distrust towards centralized power • Belief in explicit, limited powers • Belief in localized governance • Belief in individual cooperation • Seek livelihood and sustenance WHAT THEY BELIEVED "The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please." --Thomas Jefferson Some Prominent Anti-Federalists WHO THEY WERE •Powerful State Politicians and Bureaucrats – Feared Losing Power Thomas Paine George Mason Patrick Henry

10. Ratifying The ConstitutionWhy The Federalists Prevailed • Federalists Organized, While Anti-Federalists were disjointed • Anti Federal Arguments Countered Immediately and Forcefully. • Federalists wanted Constitution more than Anti-Federalists wanted to block it • Most powerful Anti-Federalist Argument (Bill of Rights) Adopted by Federalists • Federalists seized on growing nationalism for support

11. Impact of The New ConstitutionA New Nation Moves Forward 1) Growth in Nationalism • Growing Pride in being “American” • Belief in “God’s Chosen People” and “Manifest Destiny” 2) Growth of U.S. National Power • U.S. could now raise revenue – Taxes, Tariffs, Print Money • U.S. could now raise Army/Navy – Project Power • U.S. now had 1 system for Domestic/International Issues • New Government = Stability = Investment = Great Economy • Northwest Ordinance – Provisions for growing west. 3) Loss of State Power: Power Shifts to Federal Institutions 4) Lingering andUnresolved Issues • The Slavery Question????? • Enumerated versus Implied Powers • State Issues versus Federal Issues

12. Provisions of the Newly Proposed Government Article I - LEGISLATIVE BRANCH Function •Lawmaking Branch - Propose Bills, Pass Laws • All Financial Responsibilities – Raising Taxes, Printing Currency, Borrowing Money, Allocating Spending and Budgets Congress’ First Brawl - Griswold and Lyon in The House • National Issues - Regulate Commerce, Build Roads, Promote Science, Oversee Patents Structural Guidelines BICAMERAL LEGISLATURE The House The Senate • Representation determined by Population • Term of 2 years • 25 years old, plus 7 years as Citizen • Directly elected by voting population • Each Representative has 1 vote • Each State Given 2 Senators • Each Senator Given 1 vote • Term of 6 years, rotating in Thirds • 35 years old, plus 9 years as Citizen • Appointed by State Legislatures; No direct election

13. Article II - EXECUTIVE BRANCH Provisions of the Newly Proposed Government Function • “Executes” (Implements) and “Enforces” the Law • Creates Departments to Implement Law • Commander-In-Chief of Army + Navy • Chief Representative of U.S. in Foreign Relations • Consists of President, Vice President, Cabinet, and Departments Structural Guidelines • Must be Natural Born U.S. Citizen • Must be at least 35 years of age Washington’s First Inauguration – April 30th, 1789 Federal Hall, New York • Must be Resident for 14 years • Electoral College System by State Legislatures

14. FIRST SUPREME COURT James Wilson John Rutledge John Blair Provisions of the Newly Proposed Government Article III – THE JUDICIARY Function • Reviews Laws and Treaties for Constitutionality CHIEF JUSTICE JOHN JAY • Handles legal disputes between States; National legal cases and controversies; THE ASSOCIATE JUSTICES Structural Guidelines James Iredell • 1 Supreme Court • Any Number of Inferior Courts • Congress determines structure William Cushing

15. • Veto Legislation • Judicial Review – May Call Law “Unconstitutional” • 2 Houses must pass legislation • Recommends Legislation to Congress • Differences in Bills by 2 houses adjusted by committee • Checks the Work of Congressional Committees • Power of Appointment • Executive Privilege Constitutional Checks and BalancesOn the Legislative BY THE EXECUTIVE BY ITSELF BY THE JUDICIARY

16. • Power of Purse • Judicial Review – May Call Law “Unconstitutional” • Cabinet Meetings Held • Overriding The Veto • Independent Policy Makers appointed • Senate Approves Appointments: Cabinet, Federal Justices • Checks the Work and Decisions of Executive Departments • Senate Approves Treaties • Injunctions and Mandamus Writs • Congressional Investigation • Constitutional Amendments • Impeachment Constitutional Checks and BalancesOn the Executive BY THE LEGISLATIVE BY ITSELF BY THE JUDICIARY

17. • Approval of Judicial Candidates • Appoints Judges • Judicial Review of Lower courts • Pardons and Reprieves • Decides jurisdiction and size of court • Reversing Previous Supreme Court Decisions • Impeachment of Judges • Constitutional Amendments Constitutional Checks and BalancesOn the Judiciary BY THE LEGISLATIVE BY ITSELF BY THE EXECUTIVE

18. The Bill of Rights I Free Speech, Press, Assembly, Religion II Right to Keep and Bear Arms III No Quartering of Soldiers without consent IV No searches or seizures without a warrant Patrick Henry – Arguing for the Bill of Rights, 1787 V No Self Incrimination, and Due Process VI Speedy Trial, A Defense with Attorney VII Trial by Jury VIII No Cruel and Unusual Punishment IX The People have other rights, not listed here X Powers not given to U.S. are given to States James Madison Author of the Bill of Rights

19. Discussion Topic 1: Slavery and The Constitution • How might the 3/5th Compromise and Article I, Section 9 of the Constitution create problems down the road? • If the Slavery issue had been dealt with during the Constitutional Convention, would the Constitution have been ratified? • Should the Slavery issue have been dealt with immediately in The Constitutional Convention?

20. Discussion Topic 2: The Federalist and Anti-Federalist Debate Were Anti-Federalist Fears Justified, or did the overreact? Why did the Federalists resist The Bill of Rights?

21. Discussion Topic 3: The Constitution and The Bill of Rights Who is included in the Constitution? Who is excluded? What was the impact of the Constitution on slaves? On Women? On the poor? On those who owned no land? Does the Bill of Rights go too far? Not far enough? What would you have added or taken away? Would you have ratified the Constitution? How could the Constitution have been improved?

22. Class Project 1: The Federalist and Anti-Federalist Debate Break into Groups of 5 Each. Take 15 minutes and create a Broadside (Political Poster) which supports 1 of the following 2: Pro-Federalism and Pro Constitution OR Anti-Federalism and Anti-Constitution Your aim is to convince people in the street about the importance of your viewpoint