Other divisions between slave and non-slave holding states, large and small colonies and urban and rural colonists.
Opponents of independence had many valid arguments
Full war would probably result in loss
Hopelessly outclassed militarily
Failure would mean execution for treason
Many elites worried independence, even if it could not be obtained, would possibly lead to chaos and anarchy.
Mob violence had not been forgotten
Radical Arguments
Were already in armed conflict with Great Britain with some success
Public opinion was moving in their direction thanks to Paine’s “Common Sense”
Radicals had actions of British Government and its administrators to thank for shifting balance in their direction.
June 7, 1776 Richard Henry Lee of Virginia offers motion in Congress declaring “that these united colonies are, and of right ought to be, free and independent states…”
Congress Acts on Lee’s arguments on July 2nd 1776 and approves Declaration of Independence on July 4th.
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Establishing Foundations
Articles of Confederation and Perpetual Union: A constituting document calling for the creation of a union of 13 sovereign states in which the states, not the union, were supreme.
Constitution: A document that defines and creates a people politically, sets out the fundamental principles of governance, and creates the rules and institutions through which a people choose to self-govern.
Republic: A government ruled by representatives of the people.
Movement For Constitutional Convention
Conditions in the United States following the American Revolution raised concerns about the new nation, and how advocates for a stronger national government seized these concerns to propose a new form of government.
James Madison wanted to form a republic that would last.
Kingdoms and Empires had endured but, without exception, all previous republics had eventually died.
Constitutional Foundations
Prior to and during the Constitutional Convention, many Americans did not want to replace the Articles of Confederation for a variety of reasons.
Some feared a national government that would be too-strong.
Those in smaller, less populous states feared the potential for replacement of equal state representation with representation based on population (giving advantage to more populous states).
Proponents of the new government seized on crises and the potential for crises, domestic and foreign, to push their agenda forward.
Shay’s Rebellion
Led by “regulators” against government leaders (particularly judges and courts) in reaction to loss of property to rich elites after Revolutionary War.
Constitutional Foundations
The Constitution was shaped by the strategic political choices of those involved in its drafting.
The delegates to the Grand Convention were not charged with drafting a new Constitution, but only to propose possible changes to the Articles of Confederation.
Since each state wanted something different from the new Constitution, debates regarding apportionment of delegates and power of the national vs. state governments were central to a series of debates over what form of government would ultimately result.
Foundations
Constitutional Convention: a meeting held in Philadelphia in 1787 where state delegates met to fix the Articles of Confederation.
Great Compromise: Drawing upon both the Virginia and New Jersey Plans, an agreement for a plan of government that settled issues of state representation by calling for a bicameral legislature with a House of Representatives elected proportionately and a Senate elected equally.
New Jersey Plan: a plan of government that preserved much of the Articles of Confederation, including the unicameral legislature with equal votes for each states, but that strengthened the confederal government.
Virginia Plan: a plan of government calling for a strong national government with three branches of government, and a bicameral legislature with legislators elected using proportional representation.
Constitutional Government
The idea of separation of powers influenced the decision to create three separate, but connected, branches of the federal government.
Three separate and distinct branches of government
Executive – Carries out laws
Legislative – Makes laws on behalf of the people
Judicial – Interprets laws
The Issue of Slavery
Constitution contains several provisions that allowed the founders to “skip past“ the issue of slavery
Constitutional ban on prohibition of slavery for 20 years (until 1808).
Three-Fifths Compromise
ensured that slaves – called “other persons“ in the Constitution – would count as three-fifths of a person for their state’s representation.
Slaves would not vote or be represented, but their numbers would boost the influence of the slave states in which they were held in captivity because by being counted among the population, slave holding states would be allotted more members of congress.
Constitutional requirement for any slave who leaves a slave state and goes to a free state be returned to the state from which they left. Treated slaves as property to be returned, not people.
Ratification Details
The proposed Constitution had to be ratified by nine of the 13 states in order to replace the Articles of Confederation.
Proponents and opponents of the Constitution tried to rally others to their side and convince individuals of their positions.
THE FIGHT FOR RATIFICATION
In New York, pro-ratification articles called The Federalist Papers offered insightful analysis of the principles of American government.
Constitution adopted in 1788 after ninth state approved (New Hampshire).
Last state (Rhode Island) approved in 1790
Congress presented Bill of Rights for Constitution after ratification; states adopted Bill of Rights in 1791.
Ratification
The ratification campaigns in the states involved appeals to fear, but also the need to make convincing arguments about the proper structure of government.
Uncertainty about how powerful the proposed federal government would eventually become informed many of the debates between Federalists and Antifederalists.
CONSTITUTIONAL CHANGE
Framers provided two methods for amending Constitution:
Amendment introduced to Congress and, if approved by a 2/3 vote of both houses, submitted to the states for ratification
National convention called by Congress to propose amendment if requested by 2/3 of state legislatures
To be adopted, amendments must be ratified by 3/4 of the states.
The Framers intended Constitution to be adaptable to change, but difficult to amend.
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