History 110 - Dr. Gayle Olson-Raymer
Founding Moments: The Revolutionary Era in Retrospect

Painting of Founders signing Constitution

Below, please find discussion guides for today.



Discussion Goals
Founding Moments: The Revolutionary Era in Retrospect

  1. To examine the politics surrounding the three founding moments in US History:
  2. To understand the controversies and compromises that accompanied the creation of the governmental structures under the Constitution.
  3. To examine a few myths surrounding the Constitution.
  4. To gain a better understanding of the first two presidencies of Washington and Adams.

Goal #1: To examine the politics surrounding the three founding moments in US History

Founding Moment #1: The 1776 declaration of American independence from England - the Declaration of Independence

Founding Moment #2: The political declarations of American nationhood as exemplified in the first governing structure of the United States - the Articles of Confederation.

Articles of Confederation 200 year commerative stampThe Articles of Confederation, adopted in 1777, created a weak central union of equal states whereby "each state retains its sovereignty, freedom, and independence," as well as all powers and rights not "expressly delegated" to the United States government. The central government was to be run by a unicameral central legislature, Congress, which had the "sole and exclusive powers" to

All other powers were left to the states.  The states had complete equality and the Articles placed very few restraints upon them.Each state had at least two and as many as seven Congressional representatives, all of whom were selected by the state governments.  Each delegation, however, had only one vote.  All laws had to be approved by 9 of the 13 state representatives.  Any amendment to the Articles required the unanimous approval of all 13 state legislatures. The rules for Congressmen were rigorous and designed to restrain the political power of officeholders.

In short, the Articles of Confederation were designed to prevent the central government from infringing upon the rights of the states. But, as Dr. Carol Berkin argues, that while the Articles met the war goals of the Revolution, they were not able to meet the nation’s needs for a new government. See the video of Dr. Carol Berkin discussing the Articles of Confederation at http://www.youtube.com/watch?v=ef280RNSUzo

The dispute over western land.

Map of State Land Cessions under Articles of Confederation

Map of Northwest Territory

 

The Ordinance of 1784 called for the admission of 10 states carved out of the new territory as soon as their populations equaled that of the smallest state in the Union, and democratic self-governance for all free white males.

The Land Ordinance of 1785 established townships of 6 square miles, each of which was divided into 36 lots of one square mile (640 acres) as shown in the map belo.  The price was set at a minimum of one dollar per acre. Map  of Land Ordinance 1785

Northwest Ordinance of 1787 overturned the idea of self-governance and replaced it with Congressionally-appointed governors; stipulated that between 3-5 states could be established out of the territory; forbade slavery in the territory; and set up a 3-step process for statehood.  After 5,000 adult males were settled, people could write a temporary constitution and elect a legislature; with 60,000 settlers, people could write a state constitution subject to Congressional approval prior to statehood.

Anti-Federalists (radicals/Democratic Republicans/Democrats) - Favored passage of the Articles of Confederation and were led by Thomas Jefferson and James Madison and supported primarily by agrarians, westerners, and southerners. Map of State ratification of Constitution Federalists (conservatives)  - Did not favor the Articles of Confederation and were led by Alexander Hamilton, Washington's Secretary of the Treasury, and supported primarily by upper class northern and mid-Atlantic businessmen and professionals.
Creating Republican Governments: The State Constitutions

Pennsylvania - Constitution abolished all property qualifications and granted the vote to all white males in the state; created a unicameral assembly with no governor or separate executive officer and no upper house in the legislature to represent the interests of wealthy citizens; and required the annual election of all legislators to ensure that its assembly remained responsive to the needs of the people.

Maryland - Constitution required that white men own property in order to vote and that those who wished to run for office provide evidence of greater wealth; created a three-way division of power between an executive branch, upper house with high property qualifications, and lower house with lesser property qualifications to represent and protect the interests of the wealthy; and had longer periods between elections.

The remaining states fell between these two extremes.

The second round of constitution making that occurred in the 1780s generally expanded the powers of the state governments and curbed the democratic extension of voting and office holding privileges.  Wealth returned as a qualification to govern, but the wealthy were not allowed to tamper with the basic individual rights of citizens.  Seven states adopted a bill of rights guaranteeing freedom of speech, religion, press, assembly, and petition.

Founding Moment #3: The second governing structure of the United States - the Constitution

Shortly after the Articles of Confederation were passed, a dedicated, small group of powerful, propertied men began the movement to create a new constitution based upon a centralized federal government.

The result was the Constitutional Convention that met in Philadelphia to amend the Articles of Confederation.

U.S. Constitution. At the end of the Constitutional Convention in 1787, the delegates voted to adopt the new Constitution which created a new structure for a federal government with three independent branches (legislative, executive, and judicial) that would serve as a "check and balance" for one another.

Legislative.  A bicameral Congress had the power to make the laws that governed the U.S.  It consisted of:

Executive.  A President presided over the Executive Branch and as such, had the power to command the armed forces, to conduct diplomatic relations, to nominate judges and officials in the executive branch, and to veto congressional legislation.  He was to be popularly elected every four years. Judicial.  A Supreme Court was vested with the judicial power of the nation.  The Supreme Court was to hear cases involving the laws of the U.S.; treaties; ambassadors and consuls; admiralty and maritime jurisdiction; and controversies between two or more states, between a state and citizens of another state, between citizens of different states, and between a state or its citizens and a foreign state or citizens. Inferior courts could also be created by Congress according to need.
In summary, the Constitution represented a great power shift:
1. Under the Articles, the central government was decentralized and real power remained with the state governments.  The central government consisted of a unicameral legislature (Congress) that had few powers.

2. Under the Constitution, the central government was centralized  and real power was vested in its three independent branches.  The central government consisted of the legislative  (a bicameral Congress), executive, and judicial branches that shared many powers.  All power not specifically vested in the central government under the Constitution was left to the state governments.


Goal #2: To understand the controversies and compromises that accompanied the creation of the governmental structures under the Constitution

Constitutional Compromises

  1. The Preamble - Below is page 1 of the first draft of the Constitution printed in August 1787 as a text for the Founders during their debate:

    1st draft of Preamble to Constitution

    "We the People of the States of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennslvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declar and establish the following Constitution for the Government of Ourselves and our Posterity".

Below is the final version of the Constitution printed on September 17, 1787:

    2nd draft of Preamble to Constitution

    "We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

2. Congressional Representation.  The controversies were

3. Slavery. The Constitutional debate over slavery included two extreme arguments:

4. Basic Freedoms. There were no inclusions of basic freedoms in the Constitution. It was the southern states that insisted on these amendments and required their addition as a condition of ratification. They were adopted in 1791 and were certainly the most radical guarantees of their time.


Goal #3: To examine a few myths surrounding the Constitution

Map of Universal manhood suffrageMyth:  The Constitution represented a radical break with the past in that the Founding Fathers, most of whom were true believers in democracy, created a true democratic form of government.

A democracy is a government in which the supreme power is vested in the people and exercised by them directly through periodically free elections. In a democracy, the vote is open to all the people and power is invested in the people.

A republic is a government in which the supreme power resides in a body of citizens - not a king or queen - but in the people.  These citizens are entitled to vote - and they do so by voting for representatives who are responsible to the people. In a republic, the vote is limited to those who are entitled and power is invested in the elected.

In reality, the Founding Fathers did not create a radically revolutionary document.  Rather, the Constitution represented a shift from a nondemocratic form of government to a somewhat more democratic form of government.

Myth: The Constitution established English as the official language of the United States.

In reality, there is no mention of any official language in the Constitution.  In fact, so many Americans spoke so many different languages at the time that the Constitution was written, it would have been an absurdity to consider one language as "official."

Myth: The Constitution establishes the United States as a Christian nation and was, in fact, written to promite and prepetuate a Christian order.

In reality, the Founding Fathers defined government in secular terms - in terms that clearly delineated a "wall of separation" between church and state.  If anything was truly revolutionary about the Constitution, it was this separation of church and state.


Goal #4: To gain a better understanding of the first two presidencies of Washington and Adams.

The Presidency

George Washington - elected during the first federal election in 1788; inaugurated on April 30, 1789. President between 1789-1796; vice president was John Adams.Portrait of George Washington

John Adams - elected 1796; President between 1797-1800.

The Judiciary - Under the Judiciary Act of 1789, Congress established a Supreme Court, 13 district courts, and 3 circuit courts.

The Congress - Wrote and passed the Judiciary Act of 1789 and the Bill of Rights; established four executive departments - State, Treasury, War, and Justice; and overturned Chisholm case by passing the 11th Amendment in 1798 which declared no state could be sued by citizens from another state (response to localist fears about usurping state authority).

A very short-lived spirit of unity marked the early days of Washington's administration. Federalists sought and won the overwhelming majority of seats in the new Congress and this success enabled them to work quickly and efficiently on matters that they agreed were a priority. However, within a few months of Washington's presidency, it was apparent that the founding fathers had split into two distinct groups, each with conflicting dreams.

Portrait Alexander Hamilton1. Alexander Hamilton, the Federalist, dreamed of transforming an agricultural America into a manufacturing, commercial society that would rival Great Britain.  He planned to achieve this goal by

Portrait Thomas Jefferson

2. Thomas Jefferson, the Republican, dreamed of making America an even more prosperous agrarian society than it had already become.  He planned to achieve this goal by

The Whiskey Rebellion

The problem - To produce enough revenue to support the national assumption of state debts, Secretary of State Hamilton proposed an excise tax on domestically-produced whiskey. Congress passed the tax in March 1791. Problems immediately erupted in western Pennsylvania.

The excise tax required a 25% charge on all production and sale of liquor. Additionally, Painting of Whiskey Rebellion

The significance - It defined all the fundamental issues and debates facing the new federal republic: federal versus states/local rights; western versus eastern interests; agricultural versus industrial interests; the nature of taxation; and the duties and rights of citizens. For Hamilton, the farmers' resistance was a direct threat to his plan for national economic expansion. If one group of citizens chose to oppose government taxes by force and succeeded, Hamilton reasoned, their success would set a dangerous precedent for other groups.

The outcome - Hamilton convinced President Washington to head an army of 13,000 men. When the rebels saw the huge army marching against them, they quickly dispersed - and the new federal government had proved its credibility. The cost for putting down the rebellion was $1.5 million - about one-third of the revenues raised by the whiskey tax during its entire life Ironically, Washington, who had led the revolt against British taxation, led this army to crush a revolt against a similar internal tax.

Social Divisions, 1789-1800. By 1800, the population of the U.S. was 5.3 million and was growing at an annual rate of 3 percent.  While the population grew, so did various divisions.

Alien and Sedition Acts. In 1798, Congress was dominated by Federalists who were alarmed over two primary issues:

The Federalist Congress responded by passing four measures known as the Alien and Sedition Acts which:

International Politics, 1789-1800. In at least three spheres, the new nation grapled with international politics.

  1. U.S. vs. American Indians. By 1789, the Appalachians west to the Mississippi belonged to more than 80 tribes of about 150,000 people; about 200,000 frontier settlers also lived in the area. Indians were stronger militarily: in 1786, Mohawks had united Ohio River tribes into a military alliance; south eastern tribes refused to acknowledge American rule; northwestern tribes resisted America with British help; and southeastern tribes resisted with Spanish help. Indian war parties were common, as shown in frontier Kentucky - between 1784-1790, 1500 of the state’s 74,000 settlers were captured or killed in Indian raids, a casualty rate twice that of the Revolutionary War. Because massive, national military force was not available, settlers retaliated ruthlessly. Federal gov't defined its relationship with the Indian nations through two vehicles:
  2. France and England. French Revolution began in 1789, ending in 1793 with creation of the Republic. Soon thereafter, France declared war on Britain and Spain and asked the U.S. to enter as an ally.
  3. British/Spanish/Indian Allies. The British and Spanish tried to detach the West from the U.S. through “divide and conquer” techniques. In 1794, British and Spanish built new forts. Two treaties resulted:

Founding Moments
Conclusions

  1. There were essentially three "founding moments" in the Revolutionary Era of U.S. History that created three founding documents - the 1776 Declaration of American independence, the Articles of Confederation; and the Constitution.
  2. The Articles of Confederation, the first American constitution, provided for a weak central government and a loose union of strong state governments.  The Articles were replaced by the Constitution which created a strong central government within a federal system of shared power and dual lawmaking between three branches of government
  3. The adoption of the Constitution set off a political debate between two potent forces - the Federalists and the Republicans (Anti-federalists).  Today, the battle still rages between the forces of federalism who favor a strong central government with broad governing powers, and the forces of anti-federalism who feel the central government has usurped the powers of the people and that power needs to be devolved to the state and local governments.
  4. The Founding Fathers did not create a radically revolutionary document. The Constitution did not end slavery, nor did it significantly broaden the electorate.  Rather, the Constitution represented a shift from a completely non-democratic form of government that existed prior to the Revolution, to a somewhat more democratic government.  In essence, the republic it created opened the door for true democratic involvement - a process that continues through today.
  5. The Founding Fathers defined the federal government in secular terms that clearly delineated a "wall of separation" between church and state. In so doing, they enacted the only really revolutionary provisions of the Constitution.
  6. Despite the Founding Fathers' intention to avoid partisan politics, by the turn of the 19th century, political, social, economic, and ideological divisions were apparent throughout the United States.
  7. Many positive trends developed during the first 11 years after the Constitution was signed.
  8. At the same time, several divisive trends also developed:
  9. The sum total of the positive and negative trends that occurred during this period represented an evolutionary step forward rather than a revolutionary departure from the past.