FOCUS QUESTIONS FOR TOPIC I
Read Chapter Nine in the US History E-Book in preparation for this topic then answer these questions.
1. The Articles of Confederation are often described as as “weak” national governent, why do you think the delegates to the 2nd Continental Congress drew up such a weak document?
2. List the main problems encountered in drafting the Constitution of 1787. How were these problems solved?
3. Some historians say that the Constitution was a conservative reaction against the liberalism of the Articles of Confederation. How was the Constitution less demoncratic than the Articles?
4. Why was the Bill of Rights added to the Constitution? How did these amendments change the character of the Constitution?
After answering questions write and essay:
Essay: Partisan Politics
Introduction
At the time of ratification of the U.S. Constitution, the new American nation of the early nineteenth century found its citizens divided in their political views. Those who favored a strong central government and thus a restriction of the powers possessed by the states belonged to the Federalist Party; those who believed that the Constitution should be interpreted so as to limit the power of the national government, thus giving additional power to the states, joined the Republican Party. The Federalists, therefore, espoused a nationalistic view; the Republicans, though they would not deny the efficacy of a national government, believed that definite rights should be reserved to the states. This activity will help you better understand how ideals embraced at the time of the nation’s founding still effect contemporary American society as well as help you develop skills in critical thinking and organization. (Meets Course Objectives: 7, 9, and 12)
Primary Sources
- Debate on the First National Bank, Select Documents Illustrative of the History of the United States, ed. William MacDonald (1905), p. 76-98: http://archive.org/stream/selectdocuments00macdrich#page/76/mode/2up
- Alien and Sedition Acts or 1798, Select Documents Illustrative of the History of the United States, ed. William MacDonald (1905), p. 137-148: http://archive.org/stream/selectdocuments00macdrich#page/136/mode/2up
- Virginia and Kentucky Resolutions of 1798, Select Documents Illustrative of the History of the United States, ed. William MacDonald (1905), p. 148-160: http://archive.org/stream/selectdocuments00macdrich#page/148/mode/2up
Directions
(1) You must write an essay explaining the political philosophy of either the Federalists OR the Republicans an
Essay
For your essay, you must read the primary sources listed above and examine them for a Federalist OR a Republican point of view. Then you must write an essay explaining on the political philosophy of ONE
of these parties.
Focus Question:
Your essay should address the following questions: What did the party believe about the role of the government and why did they adopt these views?
Format:
Your essay should have an introduction, supporting paragraphs, and a conclusion. The introduction should present your thesis (i.e., your answer to the question listed above) and the conclusion should summarize your findings. In the supporting paragraphs, you should include specific examples
(quotations or paraphrases) from the primary sources for this activity
.
You must also follow the conventions of grammar, style, and citations covered in a freshman level composition course. Regarding grammar and style, you should proofread your work carefully because spell and grammar check do not catch all errors. FYI: It is best to write about the past in the past tense as the events you discuss have long since ended. If you struggle with grammar and spelling, you have the option to submit your essay to Smarthinking Online Tutoring for assistance. Regarding citations, you must provide numerical citations in the text for all of the information that you looked up in your sources and you must include correspondingly numbered footnotes or end notes to document the source of these citations.
Do not use the first person in a scholarly essay. If you wish to express your personal opinion you may do so, but use skilful writing to do so and not the first person. No I’s in your essay.
When you complete your essay, submit your work to the Dropbox for the Unit 4, Essay on Partisan Politics.
FOCUS TOPIC II
After The Essay:
After you have written your essay on either Republicanism or Federalism, you will participate in a follow up discussion. (Meets Course Learning Objectives: 7, 9, and 12).
Focus Questions:
Use the following questions to guide your thinking and to prepare for the class discussion.
- Why did the Republicans believe in strict Constitutional interpretation?
- What danger did the Republicans see in giving seemingly unlimited powers to the national government?
- How did the Federalists think the Constitution should be interpreted?
- Think of the national government as a horse and the Constitution as either a set of spurs or a set of reins. Which of the two parties would use it as a set of spurs to make the government horse go faster and which would use it as a set of reins to slow down the government horse?
- What reasons did the Federalists give in their writings to support the idea of a strong national government?
- How do the Federalists and the Republicans of the 1790s compare to the Republicans and Democrats of the twenty-first century?
- Pleas try to find a quote by Thomas Jefferson which illustrates his political opinions.
Directions:
After making your initial post, you should respond to at least two of your classmates. Please remember to proofread your posts before you submit them as well as to list any relevant sources you used as evidence for this portion of the assignment.If someone challenges your interpretation of the evidence, be sure to respond specifically to that challenge in the course of the discussion.
REMEMBER TO ANSWER BOTH FOCUS TOPICS
Consult the Course Calendar for HIST 2111 for the appropriate due dates for these tas
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9
.1
I
ntroduct
I
on …………………………………………………………………………………..
2
9.1.1
L
earning
O
utcomes
…………………………………………………………………………… 2
9.2
t
he
S
tate
G
o
v
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S
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9.2.1
The N
eed for
N
ew
Consti
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9.2.2
Politi
cal
Thought Shaping
the
State Con
stitutio
ns ………………………………………..
5
The Structure
of
Government …………………………………………………………………….
6
The Role of the Governor
………………………………………………………………………….
7
The Nature of Representation in the Legislatures
…………………………………………….
8
9.2.
3
Divisions on the Road to Republican Government ………………………………………
10
Pennsylvania ………………………………………………………………………………………. 10
Massachusetts ……………………………………………………………………………………..
11
New Jers
ey
…………………………………………………………………………………………
13
9.2.4 Before You Move On… ……………………………………………………………………….
15
Key Concepts ……………………………………………………………………………………… 15
Test Yourself ………………………………………………………………………………………. 15
9.3
t
he
a
rt
I
cle
S
of
c
onfederat
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on Government ………………………………….. 16
9.3.1 The “Critical Period” …………………………………………………………………………. 17
9.3.2 Shays’s Rebellion …………………………………………………………………………….. 19
9.3.3 Before You Move On… ………………………………………………………………………. 22
Key Concepts ……………………………………………………………………………………… 22
Test Yourself ………………………………………………………………………………………. 22
9.4
t
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n
eed for a Stron
G
er Government:
c
reat
I
n
G
the
u
.S.
c
on
S
t
I
tut
I
on:
a
nnapol
IS
and
p
h
I
ladelph
I
a ……………………………………………………………….. 23
9.4.1 Debating the Plans for Government ………………………………………………………. 27
9.4.2 The Nature of the Government ……………………………………………………………. 28
9.4.3 The U.S. Constitution Explained: An Annotation of Key Clauses …………………….. 29
9.4.4 Ratification: The Constitution Debated in the States ………………………………….. 34
Federalists and Antifederalists …………………………………………………………………. 34
9.4.5 Before You Move On… ………………………………………………………………………. 36
Key Concepts ……………………………………………………………………………………… 36
Test Yourself ………………………………………………………………………………………. 37
9.5
c
onclu
SI
on …………………………………………………………………………………….. 39
9.6
c
r
I
t
I
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t
h
I
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k
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G
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xerc
IS
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S
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9.7
k
ey
t
erm
S
……………………………………………………………………………………….. 41
9.8
c
hronolo
G
y ……………………………………………………………………………………. 42
9.9 B
IB
l
I
o
G
raphy ………………………………………………………………………………….. 42
9.10
e
nd
n
ote
S
……………………………………………………………………………………… 44
a
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a
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9.1 Introduct
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on
During the Revolutionary War, American colonists papered over many
of their regional differences in order to fight the British. However, much
still separated the Revolution’s participants. Nationalism grew during the
war, but the states still saw themselves as separate entities. Moreover, many
residents initially did not see much need for a central government. American
leaders thus relied on virtue or patriotism to help form bonds between the
people. According to historian John Murrin, patriotism “would inspire the
settlers to sacrifice their private interests, even their lives, for the general
welfare.”
1
To win the war and maintain the peace, however, American leaders
recognized the need for a p
olitical
framework; patriotism alone would not
suffice. So from 1776 to 1789, they worked to lay out government structures
for the states and the nation. The war gave Americans an opportunity to put
the ideas of the
Declaration of Independence
into practice. Furthermore, it
allowed them to address many of the political and economic problems that
had emerged under the British system.
Americans debated how to structure their state and national governments.
Most colonists agreed that the consent of the governed was necessary, but
they did not always agree on how this consent was to be given. Ultimately in
both the state and national systems, they settled on a republican framework
in which elected representatives mediated the will of the people. When it
came to this national system, though, Americans debated how much power
should be given to the central government. Most framers initially favored
a weak central government that would defer to the rights of the states, an
approach they adopted in the
Articles of Confederation
. Political, social,
and economic problems during the 1780s, however, prompted them to
reconsider their initial ideas. At the Constitutional Convention of 1787,
delegates met to revise the
Articles of Confederation;
this document was
quickly set aside as they developed a new framework, which became the
United States Constitution. Enough states ratified the document for the new
government to be put in place in 1789.
9.1.1
l
earning
o
utcomes
After completing this chapter, you should be able to:
•
Explain the formation of the individual state governments and assess how
ideas about republicanism and democracy influenced the deliberations over
state c
onstitutions
.
Chapter Nine: Articles of Confederation and the Constitution
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Explain the need for an overarching political framework for the newly-
independent American states and analyze the first attempts to provide
structure for the American states, including the Second Continental Congress
and the Articles of Confederation.
•
Identify the accomplishments and weaknesses of the central government
under the Articles of Confederation and explain the need for a central
government stronger than that created by the Articles.
•
Analyze the provisions and nature of the United States Constitution, including
such concepts as nationalism, federalism, constitutionalism, and democracy.
•
Explain the differences between the Virginia Plan, the New Jersey Plan, and
the Connecticut Compromise, and analyze why the smaller states did not like
the Virginia Plan.
•
Understand the conflict between the rights of the individual states and the
rights of the national government and assess the importance in this conflict of
such clauses as the “necessary and proper” clause and the Tenth Amendment.
•
Discuss the issues that arose at the time of the ratification of the U.S.
Constitution and differentiate between the two factions that debated the
Constitution in the states: Federalists and Antifederalists.
•
Explain the powers given to each branch of government by the Constitution.
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9.2
t
he State Government
S
The American colonies began to transition to independent republics or
states in the months after Lexington-Concord in 1775. First, the residents
overthrew royal authority by closing courts and chasing royal officials out of
office. Then, to meet the demands of war, they set up provincial congresses
to fill the void left by the departing British governments. Finally, they worked
to create lasting governments that would promote order and independence.
Most states found it easier to depose their governments than to construct
new ones. However, the people avidly took to the cause. “The building of this
permanent founding of f
reedom
,” says historian Gordon S. Wood, “became
the essence of the Revolution.”
2
As John Adams noted in 1776:
“How few of the human race have ever enjoyed an opportunity of making…
[a] government, more than of air, soil, or climate, for themselves or their
children! When, before the present epoch, had three millions of people full
power and a fair opportunity to form and establish the wisest and happiest
government that human wisdom can contrive?”
3
9.2.1
t
he
n
eed for
n
ew
c
onstitutions
Even before the Declaration of Independence, the Continental Congress
addressed the need to write new state constitutions. Many revolutionaries
saw the formation of new republics as an instrumental part of the move
toward independence. More importantly, the necessities of war prompted
Massachusetts to ask Congress for guidance on replacing colonial authority.
It needed an established body to help maintain order, tax the citizens, staff
the militia, and ensure public safety. In June 1775, the Continental Congress
instructed Massachusetts to resume its Charter of 1691, which Parliament
annulled in the Massachusetts Government Act of 1774, as a temporary
solution to the lack of government. New Hampshire and South Carolina
then requested advice on whether or not to form new governments.
4
Into 1776, members of the Continental Congress discussed whether to
issue a resolution on the formation of state governments and how specific
their instructions should be if they made a recommendation. It seemed
most delegates wanted to say something, but the precedent they might
set troubled them. For example, John Adams worried about making any
resolution on government because “if such a Plan was adopted it would be
if not permanent, yet of long duration: and it would be extremely difficult to
get rid of it.” However, as the nation ebbed closer to declaring independence,
calls for action by the Continental Congress increased, leading to two
separate resolutions in May.
5
On May 10, 1776, Congress recommended to the “United Colonies” that
“where no government sufficient to the exigencies of their affairs have been
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hitherto established, to adopt such government as shall, in the opinion of
the representatives of the people, best conduce to the happiness and safety
of their constituents in particular, and America in general.” On May 15,
1776, Congress resolved that it was “necessary that the exercise of every
kind of authority under the said crown should be totally suppressed, and
all the powers of government exerted, under the authority of the people
of the colonies.”
6
By that point, New Hampshire and South Carolina had
temporary constitutions in place, and the rest of the states began the process
of forming governments almost immediately. In June, Virginia adopted the
first permanent constitution.
Historian Gary B. Nash sees these two resolutions as a “virtual declaration
of independence.” Over the course of five years as the war continued, the
former colonies worked diligently to fulfill the promise of independence
by creating new governments. While their new constitutions varied by
state, the people seemed to agree “that the consent of the governed was the
only true source of political authority.” Some states applied this idea more
radically than others, meaning some states implemented quite experimental
constitutions while others followed the British model more closely. The
internal debates over constitution-making led to divisions among Americans
that the Founding Fathers obscured in their attempt to promote a vision of
unity at the time of the nation’s creation.
7
9.2.2
p
olitical
t
hought Shaping the State
c
onstitutions
Most of the states followed an orderly process in forming their new
governments. New Hampshire, Massachusetts, New York, New Jersey,
Pennsylvania, Delaware, Maryland, North Carolina, Georgia, and Vermont,
then in the process of declaring independence from New York, held special
conventions to draft their constitutions. According to historian Marc W.
Kruman, the conventions “located sovereignty in the people, who in turn,
would instruct a political body to act on their behalf to form governments.”
Given that the electorate chose the representatives for these conventions,
they effectively consented to the government formed by the conventions. In
South Carolina and Virginia, the state legislature wrote the constitutions. In
Connecticut and Rhode Island, the legislature simply deleted all references
to royal authority, and both governed themselves much as before, since they
were essentially self-governing under their colonial charters. Most of the
states completed their work in 1776 and 1777, although it took Massachusetts
until 1780 to finalize its constitution.
8
Based on their colonial experiences, most Americans agreed the people
should be the source of political authority. They did not support the
maintenance of a monarchy or the adoption of pure democracy; rather, they
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sought to implement republicanism. In the late 1780s, James Madison said
a republican government “derives all its powers directly or indirectly from
the great body of the people; and is administered by persons holding their
offices during pleasure, for a limited period, or during good behavior.” The
people, broadly construed in Madison’s interpretation of republicanism,
exercised their power by electing representatives to the governing body.
9
In addition to their belief in republicanism, Americans shared similar
assumptions about the structure of government, the role of the governor,
and the nature of representation, though, they certainly did not agree on
every detail.
The Structure of Government
Many states believed in the need to define the people’s liberties before
creating a government. Virginia took the lead on this issue when George
Mason drafted the Declaration
of Rights
in 1776 and Thomas Jefferson
drafted the Statute of R
eligious
Freedom
in 1777. The Declaration
of Rights
stated that “all men
are by nature equally free and
independent and have certain
inherent rights” which the state
could not violate. Furthermore, it
suggested a government “ought to
be, [sic] instituted for the common
benefit, protection, and security of
the people, nation, or community.”
Finally, it protected the people’s
common law rights, such as the
right to a free press, the right bear
arms, and the right to a speedy
jury trial. Several states, including
Delaware and North Carolina,
followed Virginia’s lead in issuing a
specific declaration on the rights of
the people; other states, including
New York and Georgia, embedded
the ideas of the declaration directly
into their constitutions.
10
The Statute of Religious Freedom,
which the Virginia legislature finally
approved in 1786 at the urging of
James Madison, ended state support
f
igure 9.1
v
irginia Statute of
r
eligious
f
reedom
| In 1777, Thomas Jefferson drafted the
Statute of Religious Freedom. Jefferson was very
proud of his effort to separate church from state and
he wanted the statute to be included in his epitaph.
And so, the U.S. government chose it as one of the
inscriptions for the interior walls of the Jefferson
Memorial.
a
uthor:
Jim McKeeth
Source:
Wikimedia Commons
l
icense:
CC BY SA 3.0
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for the Anglican Church and separated one’s religious belief from one’s civil
liberties. As Jefferson said, “no man shall be compelled to frequent or support
any religious worship, place, or ministry whatsoever…nor shall otherwise
suffer on account of his religious opinions or belief, but that all men shall be
free to profess, and by argument to maintain, their opinions in matters of
Religion, and that the same shall in no wise diminish, enlarge or affect their
civil capacities.”
Most states adopted the principle of religious toleration
for Christians in their constitutions, though some were more tolerant than
others. Georgia Constitution suggested that people had “the free exercise
of religion” so long as it was “not repugnant to the state.” However, it also
indicated those eligible for public office “shall be of the Protestent [sic]
religion.” The South Carolina Constitution, however, provided religious
toleration only to those “who acknowledge there is one God…and that God
is to be publicly worshipped.”
11
With these liberties in mind, the states sought to establish balanced
governments that would allow the people to participate in their government
but would have checks on the people’s will. During the revolution, most
Americans continued to see the British system as the most enlightened form
of government in the world because it contained elements of monarchy,
aristocracy, and democracy in the Crown, the House of Lords, and the
House of Commons respectively. When the system functioned properly, it
would prevent the monarch from becoming despotic and the people from
becoming disorderly. Therefore, the best way to prevent tyranny or anarchy
was to create a system in which several bodies shared political power.
12
To many Americans, the British perversion of its mixed government,
especially Parliament’s attempts to undermine colonial charters, justified
the move toward independence. As they approached constitution-making,
the Americans envisioned an end to monarchy, but not an end to mixed
government. The bigger question for most revolutionary leaders centered
on which branch of the government should have the most influence. When
Virginian Carter Braxton wrote a pamphlet calling on the representative
assembly to elect members of the state’s upper house for life, Richard
Henry Lee called the ideas “contemptible.” Lee did not object to having a
bicameral legislature; rather, he objected that Braxton’s proposal seemed
too aristocratic. Therefore, the Americans worked diligently to define the
role of the governor and determine representation in the legislature so as to
achieve a mixed government.
13
The Role of the Governor
Americans in the Revolutionary Era held traditional views about power,
especially when it came to the governor. Based on their reading of history
and their own colonial experience, many believed that an appointed or an
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elected governor could become drunk with power and tyranny would ensue.
Yet, they still saw the need for an executive of some kind to help manage
the state. Consequently, most states modified the traditional role of the
governor when drafting their constitutions. Fearing the restrictions of their
rights, most states made the governor strictly an administrator. In his draft
of the Virginia Constitution, Thomas Jefferson indicated the governor could
not, among other things, veto legislation, call into or dismiss the assembly,
declare war, raise an army, make peace, coin money, or pardon criminals.
While not every state specifically spelled out governors’ powers, they clearly
limited the role the executive would play in making laws.
14
To further limit the governor’s power, most state constitutions had the
legislature, not the people, choose the governor on an annual basis so that the
governor would not become beholden to the voters. They also placed limits
on the number of consecutive terms a governor could serve to prevent the
emergence of an elected monarchy. Most states also curbed the governor’s
power of patronage to prevent him from using his right to appoint officials
to develop an independent source of power. Finally, the states supported
the separation of powers. As the residents of Boston noted in instructions to
their constitutional convention delegates, “It is essential to liberty, [sic] that
the legislative, judicial, and executive powers of government be, as nearly
as possible, independent of, and separate from each other” in order to avoid
“a wanton exercise of power.” In insisting on the separation of powers and
clearly demarcating the responsibilities of each branch, the states hoped to
prevent the executive from influencing the other branches of government.
Pennsylvania was the only state without a chief executive; instead, it opted to
have an elected governing council appointed by the legislature. Meanwhile,
New York vested considerably more power in the hands of its governor than
did the other states.
15
The Nature of Representation in the Legislatures
Americans saw the legislature as the most important branch of their state
governments because they possessed most of the powers formerly held by
the governor and they made the laws; this respect for the legislature later
appeared in the U.S. Constitution. The legislature no longer served simply
to check the power of the governor. Rather, they governed the state, which
marked a clear shift in political power. As such, representation became the
cornerstone of free government in the American states because it provided
the best security of the people’s liberties. As the states drafted their
constitutions, they focused on providing equal representation for the people
so as to preserve or undermine elite control of the government depending
on the radical or conservative nature of the state conventions. Given
their respect for the British system of a mixed and balanced government,
most states opted for bicameralism, or a two-house legislature. However,