All men are created equal. Certain inalienable rights Life, liberty and the pursuit of happiness

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3 Rhetoric inspired Americans and the world. It still does. Declaration Of Independence All men are created equal. Certain inalienable rights Life, liberty and the pursuit of happiness In these were Unfulfilled Promises Why?

4 Four Groups were left out: Blacks Women Landless Whites Native Americans The newamerican leaders knew the power of the average man/woman They had used them to overthrow the Crown They knew the potential power (and danger) of the small farmer, the unemployed, the so-called mob.

5 Other fear: They feared a strong, central government telling people how to live. They did not want another Monarchy. They believed in the Social Contract but were afraid of the average man. They no longer wanted rebellion, demonstrations, revolution. They wanted order and stability

6 CREATING A FUNCTIONAL GOVERNMENT The Articles of Confederation 1. Loose organization of states / states drew up their own constitutions 2. Right to trial by jury, speech, press & religion in many of those state constitutions 3. Unanimous consent needed to amend Articles. 4. No tax power /No national currency 5. Withheld soldiers pay / Sold land to raise money 6. Organized Northwest Territory / Education district/ Banned Slavery (!) 7. Runaway inflation/depression 8. Interstate tariffs 9. Little foreign trade

7 The Critical Period Would this new country survive? Major challenges: 1. Fear of soldier and officer mutinies; Newburgh Mutiny 2. Fear of Civilian rebellions: landless protested lack of suffrage in Maryland 3. Fear of slave revolt (esp. after Lord Dunmore s offer [rebel & fight for Brits: reward will be freedom]) 4. Interstate tariffs & different currencies impeded trade; leads to higher unemployment 5. Suggestions: print more paper money, abolish debts, distribute land (loyalists property) equally 6. Shays Rebellion: The Wake Up Call!

8 I hold it that a little rebellion now and then is a good thing. It is a medicine necessary for the sound health of the government. God forbid we should ever be 25 years without such a rebellion. The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.

9 Postponing Full Liberty Rhetoric or the attempt to realize it? States abolished laws of primogeniture and entail Primogeniture: Eldest son inherits all of the land; Entail: property could never be sold, divided or given away. Lower property requirements for voting (but not universal male suffrage) Frontier representation tended to be less aristocratic and less cultured. Relationship between official religions and the government begins to end. Abolitionism: Quakers for religious reasons; Northern workers for economic reasons: resented competing against slaves in the workplace Manumission societies developed in NY by John Jay and Alexander Hamilton Remember the ladies argued Abigail Adams; Men are not commanders of the family argued Lucy Knox. Backus case established a new ground for divorce: physical abuse

10 Nationalists vs. Localists Federalists vs. Anti-Federalists Inventing a Federal Republic (the fallacy of Original Intent) Virginia Plan vs. New Jersey Plan regarding representation: who should have the power? The Great Compromise Small states vs. Large states: a concern Slave states vs. Free states: a bigger concern Slave trade would end in 1808 (not slavery) Fugitive slaves would be returned 3/5 th Compromise (actually a loss for the slave owners) No Bill of Rights: another big concern

11 Philadelphia Convention Revise Articles or Rewrite Completely? Annapolis Meeting of 1786 recommend a meeting to devise such further provisions as shall appear necessary... 2 Rule changes agreed upon : meeting would be held in secret; key proposals needed simple majority vote. Patrick Henry refuses to attend: I smell a rat. John Adams and T. Jefferson were in Europe. 3 Intents of the Convention 1. Economic: protect property rights; create a stable, peaceful, civil and orderly democracy 2. Idealistic: to make a perfect Union; to create a country reflective of the Declaration of Independence 3. Pragmatic:create a government that can work and can be supported by the different regions and constituencies.

12 Federalist Paper # 10 Representative government (not pure democracy) is necessary to maintain peace, order and stability in a society ridden by factional disputes. These disputes come from the unequal distribution of property and wealth. Property-less people have different interest than those who own property. Father of the Constitution Minority factions can be controlled by the principle that all decisions would be by vote of the majority. A large republic is not only possible; it s preferred. The influence of the mob might work in one state but will be unable to spread if a strong, central government exists. A large nation will make it difficult for rebellions to succeed. Author of the Federalist Papers with Alexander Hamilton & John Jay

13 Charles Beard s Interpretation 1913 Authors of the Constitution (Madison, Hamilton, Dickinson, Franklin, Morris, et al) All Wealthy men (merchants, lawyers) Created a conservative, stable government that would protect theirinterests: their wealth Get rid of pursuit of happiness Replace with protection of property Include a guarantee of contracts: legal and enforceable National government to oversee commerce Beard argued that The Constitution was a counter-revolution Set up by the rich in opposition to the farmers and small planters. Designed to reversethe radical democratic tendencies unleashed by the Revolution among the common people: farmers and debtors -people who owed money to the rich / Shays Rebellion

14 The Participants: 55 men White Relatively Young (40 s) Exception: Franklin (81) Professional (lawyers, merchants, publishers) Wealthy Veterans

15 The Compromises Edmund Randolph s Virginia Plan: 2 Houses based representation on population President and Courts chosen by legislature William Patterson s NJ Plan: Each state has 1 vote; increase powers of Congress Great Compromise: Lower house based on population; Upper house 2 members from each state; All $ Revenue Bills must begin in lower house Slavery Non slave states wanted slaves counted for taxation but not representation; Wanted an end of importation of slaves Slave states wanted slaves counted for representation but not taxation; Wanted no interference with slave trade from the federal government 3/5 thcompromise: 60% of slaves counted for representation and taxation; No interference with slave trade for 20 years

16 Commerce Issues North: wanted tariffs to make foreign goods expensive and to raise revenue South: wanted no tax on exports and a 2/3 vote for commerce bills (such as tariffs: afraid of reciprocity) Commerce Compromise No tax on exports; simple majority to pass commerce bills such as tariffs

17 Chief Executive Term of office: life? 6 years? 4 years? Term limits? How elected? State legislatives? Senate and/or House of Representatives? Popular Vote? Electors / Electoral College

18 Anti-Federalists: 1. Opposed a strong central government: states will lose influence 2. Local control was key to concept of democracy 3. Saw a Bill of Rights as essential; again a threat to individual liberties 4. Articles need only be amended, not abandoned 5. Only a small republic could protect rights 6. Supporters: small farmers