The Constitution Flashcards

1
Q

Weak government

A

During the years the Confederation was in operation (1781-89), the USA can barely be described as having a national government. Congress met intermittently and had no fixed home. It was common for states to be unrepresented at sessions.

In 1781 3 executive departments were established: foreign affairs, finance, war, but they functioned poorly as they had no coercive power over the states.

Once independence was achieved the Confederation was weakened further; the states attached less importance to unity and became absorbed in their own affairs. States exercised rights they were meant to have relinquished, and often ignored Congressional requisitions.

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2
Q

Western policy

A

The Treaty of Paris gave Americans control over a huge area south of the Great Lakes and east of the Mississippi. During the 1780s pioneers flooded into the west. By 1790 the new territory of Kentucky had a population of over 70,000, while Tennessee had a population over 35,000. Congress needed a coherent policy on western land distribution, and the 1785 Land Ordinance established a surveying system for the sale of northwest land.

Congress also feared that new territories might declare independence from the USA, and so resolved that the west must be organised into new states, to be admitted to the Union as equals. The 1787 Northwest Ordinance prescribed the procedures for admitting new territories as states.

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3
Q

Relations with Britain

A

Britain broke the promise to evacuate American territory by maintaining frontier posts south of the Great Lakes, in order to safeguard the fur trade and maintain contact with northwest Native Americans. Britain justified this by citing American failures to repay pre-war debts and restore loyalist property. Congress had instructed the states to honour these promises, but the states had ignored them.

In 1785 John Adams was sent to London to demand the evacuation of the frontier posts, but the British refused to negotiate when Congress was clearly unable to compel the states to implement its treaties.

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4
Q

Relations with Spain

A

Spain opposed American western expansion, resolving to support the creation of a Native American buffer state between the USA and its American possessions. In 1784 Spain seized Natchez on the eastern bank of the Mississippi, and closed the river to American navigation. Congress feared western settlers in Tennessee and Kentucky might transfer their allegiance to Spain to regain access. In 1786 Foreign Secretary John Jay initiated a treaty with Spain: in return for limited access to Spanish markets, the USA agreed to give up the right to use the Mississippi for 25 years. However, 5 southern states blocked ratification of the treaty. Western settlers were furious at Jay’s willingness to sacrifice their interests in favour of merchants in the seaboard states.

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5
Q

Tensions with the army

A

The government could not pay its soldiers. Winter 1782-3: army officers met at Newburgh to demand back-pay and pensions. A military coup seemed possible, until George Washington intervened. June 1783: dissatisfied soldiers surrounded the Pennsylvania State House, forcing a humiliated Congress to abandon Philadelphia.

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6
Q

Morris’ aims

A

Wanted the Confederation to: establish a national bank, control the national debt, levy import duties. But the states rejected the plan and Morris resigned in 1784.

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7
Q

Financial chaos

A

By 1786 Congress had requisitioned $15 million, but received only $2.5 million. The sale of western lands was a source of income but was developing slowly. There was a huge national debt ($41 million), and Congress could not pay the annual interest. By 1783 the paper continental currency was worthless and ceased to circulate. To reduce war debts, the states imposed heavy taxes. Lacking specie to pay their taxes and debts, debtors demanded an increase in paper money. Creditors opposed this, arguing it would lead to rampant inflation. By 1787 seven states were issuing paper money, and some (like RI) passed laws forcing creditors to accept it. Conservatives feared that the republican experiment was giving way to anarchy.

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8
Q

Agricultural tension

A

September 1786
The governor of New Hampshire called out 2000 militiamen to disperse several hundred farmers threatening the legislative assembly after it failed to keep a promise to issue paper money. There were similar disturbances led by farmers in Vermont, Pennsylvania, New York and Virginia.

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9
Q

Shays’ rebellion 1786-87: cause

A

The Massachusetts legislature rejected the demand for paper money and insisted that taxes be paid in scarce specie. Their insistence on this was unsurprising; the Massachusetts legislature was controlled by wealthy men from the eastern counties. Many farmers were unable to pay their taxes and lost their land as a result.

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10
Q

Shays’ rebellion 1786-87: course

A

By the summer of 1786 Massachusetts was seething with discontent. When the state legislature adjourned, without acting on the farmers’ demands for paper money, riotous mobs formed. The mobs roamed from place to place, preventing the courts from hearing debt cases.
By the Autumn of 1786 Daniel Shays had emerged as the leader of the mob. Shays was a bankrupt farmer and former army captain. In January 1787 Shays led a several hundred armed men toward Springfield, with the aim of seizing the federal arsenal.
The Confederation Congress tried and failed to raise the Massachusetts militia to confront the rebels, but the militia refused the request. Next, Congress requisition the state for half a million dollars to establish a militia, but Virginia was the only state to contribute.
Eventually, it fell to a group of wealthy Massachusetts merchants to raise a private militia. The rebels were dispersed by 1000 militiamen led by Benjamin Lincoln, and by February the insurgency had been suppressed.

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11
Q

Shays’ rebellion 1786-87: aftermath

A

However, Shays’ rebellion alarmed conservatives across the union. The rebellion coincided with the paper money scandal in Rhode Island. It seemed the threat of anarchy was once again looming, and gave impetus to the movement to strengthen the national government’s power. In February 1787 Congress called on the states to send delegates to a convention in Philadelphia in May 1787, ‘for the sole and express purpose of revising the Articles of Confederation’.

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12
Q

Conservative nationalism

A

Many members of the elite were nationalists who envisaged a unified and strong republic. They were horrified by the new men who occupied many of the state legislatures, and even more horrified by the legislation they passed. They supported much of the revolution’s ideology, such as popular sovereignty, but lacked faith in the ability of common people to exercise sound judgement, and were horrified by what they saw as excessive democracy in state government. They favoured the creation of a strong national government, with power vested in the hands of the wealthy and well-educated.

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13
Q

Support for the Articles of Confederation

A

Other Americans believed that the Articles were functioning well. They equated local state government with liberty, and feared that a strong central government would replicate British tyranny.

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14
Q

Interstate disharmony

A

There was considerable tension between the states in the 1780s, caused by boundary disputes, western issues, and tariff policy.

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15
Q

Mount Vernon Conference, 1785:

A

In 1784 James Madison proposed that commissioners from Virginia and Maryland meet to resolve a dispute over navigation on the Potomac River. The dispute was resolved at Mount Vernon and the delegates then suggested that their states should co-operate on financial and customs policy, and that Pennsylvania should be invited too. Madison, who was a disillusioned member of Congress, hoped that interstate cooperation might lead to constitutional reform. Following the meeting he proposed a resolution to the Virginia Assembly for a national convention to discuss commercial regulations.

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16
Q

The Annapolis Meeting, September 1786

A

As a result of Madison’s resolution, 12 men, representing 5 states (New York, New Jersey, Pennsylvania, Delaware, Virginia) met in Annapolis to discuss commercial problems. The group brought together men who agreed on the need for constitutional change. The delegates realised Congress was highly unlikely to amend the Articles as all 13 states were required to agree, so instead proposed that a convention of all the states should be held in Philadelphia to redraft the Articles. Congress was at first reluctant, but their deliberations coincided with Shays’ Rebellion, and in February 1787 it called on the states to send delegates to the Philadelphia Convention in May 1787, ‘for the sole and express purpose of revising the Articles of Confederation’.

17
Q

Virginia Plan

A

A draft constitution presented by James Madison on 29 May which proposed: a bicameral national legislature; representation in each house to be proportionate to each state’s population; the first house would be directly elected by the voters; the members of the second house would be nominated by the state legislatures; a powerful legislature would elect both the executive and the judiciary, and would have the power to veto acts of state legislatures. The states were to be reduced to little more than administrative units. The plan immediately framed the debate around replacing rather than revising the Articles of Confederation. Although significant changes were made to it, it remained at the centre of the Convention’s deliberations.

18
Q

New Jersey Plan

A

The Virginia Plan was bitterly opposed by delegates of the smaller states (whose representatives would easily be outvoted by those of the larger states). Other delegates objected to the amount of power which would be concentrated in the legislature (Congress). On 15 June William Patterson presented the alternative New Jersey Plan, designed to preserve the interests of the smaller states. The plan proposed: amendment, rather than replacement, of the Articles; a unicameral national legislature; equal representation – each state would have one vote; powers of Congress enlarged (authority to tax and regulate commerce) but state sovereignty would be largely preserved.

19
Q

Conneticut Compromise

A

On 19 June the Convention rejected the New Jersey Plan. However, a fierce debate regarding representation raged. With no agreement in sight, the Convention appointed a Grand Committee to work out a compromise. The resulting proposal, agreed on 16 July, was known as the Connecticut (or ‘Grand’) Compromise: all the states, regardless of their population, would have equal representation in the upper house; representation in the lower house would be based on population size.

20
Q

3/5 compromise

A

Southern states wanted slaves to be included in the population total when allocating Congressional seats, but left out in determining liability for direct taxation. Northern states wanted the opposite. The Convention eventually accepted a formula whereby a slave was counted as three-fifths of a person for the purposes of both representation and direct taxation.

21
Q

1808 compromise

A

Slavery remained a divisive issue and arguments about whether or not the slave trade should be abolished rumbled on for several weeks. Eventually, recognising that the issue could prove to be a deal-breaker, it was agreed that Congress would not have the authority to ban the slave trade until 1808.

22
Q

Constitution agreed

A

On 17 September, 39 of the remaining 42 delegates approved the Constitution.

23
Q

Problems with western policy

A

Uncontrolled flood of pioneers following Treaty of Paris. 1785 Land Ordinance outlined a surveying system for the sale of northwest land. 1787 Northwest Ordinance prescribed a set of procedures for organising and admitting new territories as states. The sale of western lands had raised just $760,000 for the Confederation by 1788.

24
Q

Foreign policy problems:

A

In 1784 Spain seized Natchez and closed the Mississippi to American shipping, prompting fears that the new territories of Tennessee and Kentucky might transfer their allegiance to Spain. Jay negotiated a treaty with Spain, giving up the right to use the Mississippi for 25 years in return for access to Spanish markets, but it lacked the 9 states required for ratification. Britain refused John Adams’ requests to abandon frontier outposts, citing the Americans’ failure to honour pre-war debts and restore property to loyalists.

25
Q

Economic problems

A

Superintendent of Finance Robert Morris’ proposals (national bank, consolidation of national debt, 5% duty on imports) rejected by the states. National debt soared to $41 million, with Congress even unable to provide the $2.4 million required to service the debt. Congress was unable to tax or enforce requisitions (by 1786 it had levied $15 million in requisitions from the states, but raised just $2.5 million). Between 1782 and 1785 all states except NJ imposed tariffs on inter-state and international imports; in 1786 the New England states imposed protective tariffs. Trade deficit led to lack of specie; by 1787 7 states began issuing paper money, with RI passing a law forcing creditors to accept it. The economic problems dismayed elitists, who discussed the need for a stronger national government at the Mount Vernon Conference (1785) and Annapolis Meeting (1786), eventually leading them to call for the Philadelphia Convention.

26
Q

Social problems

A

Winter 1782-3: Newburgh conspiracy only averted due to Washington’s intervention. 1783: Congress was forced to flee Philadelphia due to soldiers demanding back-pay and pensions. 1786: A militia had to be called out to disperse farmers demanding the issue of paper money in New Hampshire. Autumn 1786: Daniel Shays’ led several hundred farmers around Massachusetts, preventing courts from hearing debt cases. January 1778: Shays’ rebels attempted to seize the federal arsenal at Springfield; the rebellion was ended after wealthy individuals raised a private militia (Congress had tried and failed to raise a militia after the states refused to respond to requisitions). Shays’ Rebellion prompted Congress to call on the states to send delegates to the Philadelphia Convention.

27
Q

Political opposition

A

Elitist feared of the looming threat of economic chaos / anarchy / civil war. Mount Vernon Conference (1785) – delegates from Virginia and Maryland met to resolve a dispute, resulting in Madison proposing a resolution to the Virginia Assembly calling for a national convention to discuss commercial regulations. Annapolis Meeting (1786) – delegates from 5 states met to discuss commercial regulations, resulting in proposal for a convention of all states to revise the Articles. Philadelphia Convention (1787) – delegates from 12 states meet to revise the Articles. Madison’s memorandum Vices of the Political System of the United States and his Virginia Plan succeed in shifting the focus to replacing the Articles.

28
Q

What did the draft constitution propose: sepration of powers - core values

A

Separation of powers: Authority within the federal government was strictly separated into 3 branches - the executive, legislature and judiciary. Checks and balances would ensure that no branch had too much power.

Increased powers: The federal government’s powers were expanded - it could levy taxes, regulate commerce between the states and other nations, and make all laws ‘necessary and proper’. Federal laws were superior to state laws. The states were forbidden from exercising some powers held by the federal government.

Powers retained by the states: The authority to maintain slavery and the slave trade, determine voting qualifications for elections, regulate internal commerce, exercise jurisdiction in many areas of law.

29
Q

What did the draft constitution propose: sepration of powers - political structure

A

The executive branch: Executive authority would be exercised by a President. He would be Commander-In Chief. He would have the power to: make appointments (with the advice and consent of the Senate), make treaties (with the advice and consent of the Senate), sign acts of Congress into law, veto acts of Congress. He could be impeached and removed for ‘high crimes and misdemeanours’. The President was to be elected for a four-year term by an Electoral College, to which each state was to send the same number of electors as it had Congressmen. Electors were to be chosen by popular vote.

The legislative branch: Congress was to be comprised of two houses: the House of Representatives and the Senate. The House was comprised of representatives from every state, with the number of representatives reflecting the population of each state. The House was elected directly by voters for a two-year term. The Senate was composed of two senators from each state, elected by members of the state legislatures. Senators were to serve for six years, one third elected every two years. Congress had the authority to: Congress had the authority to: levy taxes, make laws, declare war, ratify treaties (two-thirds of the Senate had to agree), impeach the President and other senior officials, override the President’s veto (with a ⅔ majority vote in both houses).

The judicial branch: The Constitution was vague regarding the structure and powers of the federal judiciary. However, it was stated that there should be: an independent national judiciary, a Supreme Court, with its justices appointed by the President with the approval of the Senate.

Amendments: The Founding Fathers created a difficult process for amending the Constitution in an effort to prevent its subversion by powerful individuals in government. Amendment required: a two-thirds majority in each house of Congress; agreement by three-quarters of the states.

30
Q

Ratification

A

In September 1787 Congress unanimously voted to submit the Constitution to the states for ratification. It would become operative when ratified by 9 (not all 13) states. The Constitution would be submitted to specially elected state conventions, not the state legislatures. This would mean that it would have legitimacy by being based directly on popular consent. It also side-stepped opposition from the state legislatures.

31
Q

Opponents of ratification: Anti-Federalists

A

Notable Anti-Federalists included Patrick Henry, Sam Adams and John Hancock. The Anti-Federalists tended to be supported by small farmers, especially from the more isolated regions. They were aware of the problems of the 1780s but believed the proposed cure was far worse than the disease. Their criticisms of the Constitution included: the Convention had exceeded its mandate in proposing a whole new framework of government to replace the Articles; a powerful national government would destroy state sovereignty; state legislatures were more representative of the people than the new Congress was likely to be; the Constitution lacked a Bill of Rights (these were common features of the state constitutions); the Centralisation of power would undermine the revolution. It seems likely that at the outset of the ratification process the majority of American voters were opposed to the Constitution.

32
Q

Supporters of ratification: Federalists

A

The Federalists were most strongly supported by men of property and position: planters, merchants, and lawyers (although some rich men were Anti-Federalist). Every town had a Federalist majority, with many artisans / labourers following their social superiors’ lead.
Federalists addressed the Anti-Federalists concerns in hundreds of pamphlets and newspaper articles.
The Federalists had several advantages: they offered a specific set of solutions to the pressing problems that faced the nation (the Anti-Federalists had no alternative to offer the public); Federalist support was strong in the towns, giving delegates to the state ratifying conventions (which met in towns) the impression of widespread support for the Constitution; Washington and Franklin were supporters of the Constitution; Anti-Federalist support was scattered across rural areas, making it difficult to organise; the vast majority of newspapers were owned by Federalists - only 5 major newspapers, out of approximately 100, opposed the Constitution.
Where support was strong the Federalists moved rapidly to secure ratification. Where support was weak they delayed, allowing time to campaign effectively.
The crucial states were the largest ones: Pennsylvania, Massachusetts, Virginia and New York.