The Confederation and the Constitution

The Confederation and the Constitution cover the United States under the Articles of Confederation and the transition to the United States Constitution.

The Confederation and the Constitution cover the United States under the Articles of Confederation and the transition to the United States Constitution.

The United States Under the Articles of Confederation and the Constitution

From 1763 to 1775, the American Colonies engaged in resistance against the tax policies of Great Britain. The dispute intensified and exploded into war on April 19, 1775, when British troops clashed with American Militia forces during the Battles of Lexington and Concord. Just over a year later, on July 2, 1776, the colonies decided to declare their independence from Britain. On July 4, the Declaration of Independence was issued, publicly severing America’s ties to Britain.

As the American Revolutionary War continued and spread into the Western Frontier, the Second Continental Congress developed the Articles of Confederation — the first Constitution of the United States. The Articles were intended to solidify the union between the 13 States, but the process was difficult. Congress adopted the Articles in 1777, but it took nearly four years for the States to ratify them.

Unfortunately, the Articles were weak and failed to deal with many issues — such as interstate commerce — that quickly became problematic in the early years of the United States. Further, the Articles did not require the States to comply with any legislation enacted by Congress. Despite this, Congress was able to create the Northwest Territory and create a system for creating new states and adding them to the Union.

Under the Articles, Congress struggled to gain respect. Foreign relations with Britain, France, and Spain were strained and North African Pirates harassed American ships on the open seas. At home, Congress was unable to maintain order and Shays’ Rebellion in Massachusetts brought the weaknesses of the Articles to the forefront.

Meanwhile, Americans started to look for ways to grow and expand the economy of the new nation. Meetings were held at Mount Vernon, the estate of George Washington, and in Annapolis, Maryland. These meetings, along with Shays’ Rebellion, led to the call for a convention to remedy the weaknesses of the Articles of Confederation.

This convention of “demigods” met in Philadelphia, and the delegates quickly realized updating the Articles would not solve the myriad of problems the new nation faced. Led by George Washington, the Constitutional Convention created a new United States Constitution that created three branches of government, enshrined in Republican values, that avoided the dangers of mob rule.

Despite the groundbreaking agreement, the path to ratification was difficult, but it was finally achieved when supporters agreed to include a Bill of Rights. The Constitution officially replaced the Articles of Confederation on March 4, 1789.

Effects of the American Revolution

Nature of the Revolution

• The American Revolution was not a radical or total change but rather an accelerated evolution.
• It did not violently overturn the entire political and social framework like the French and Russian Revolutions.
• People continued their daily activities such as working, praying, marrying, and playing during the conflict.
• Many individuals were not significantly disturbed by the fighting, and some isolated communities were unaware of the war.

Changes Resulting from the Revolution

• Despite not being a total upheaval, the American Revolution brought about significant changes in social customs, political institutions, and societal ideas.
• Around eighty thousand substantial Loyalists left, weakening the new nation’s conservative foundation.
• The departure of Loyalists created space for new Patriot elites to emerge and for more egalitarian ideas to spread.
• This shift paved the way for changes in gender roles, as well as in societal and governmental structures.

The Pursuit of Equality

Promotion of Equality and Social Democracy

• The Declaration of Independence asserted the equality of all men.
• Many states reduced property-holding requirements for voting, though they were not entirely eliminated.
• Ordinary people insisted on being addressed with titles like “Mr.” and “Mrs.,” which were once reserved for the wealthy upper class and aristocracy.
• The Society of the Cincinnati was formed by officers who served in the Continental Army and was ridiculed.
• Social democracy was bolstered by the rise of trade organizations for artisans and laborers.
• Several states abolished medieval inheritance laws such as Primogeniture, which favored the eldest son in inheriting a father’s property.

AHC Note — The Declaration of Independence is often criticized for declaring that “all men are created equal…endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” at a time when a significant percentage of the population was enslaved. The reality is that the long struggle to eliminate slavery in America started well before the American Revolution. As the colonies transitioned to states and unified, the Abolition Movement grew and became stronger. However, slavery was a complex issue that had no easy solution. In the rough draft of the Declaration of Independence, Thomas Jefferson included a section that criticized King George III for perpetuating the Transatlantic Slave Trade. This section was removed due to objections from the Southern States.

Separation of Church and State

• The long struggle for the Separation of Church and State made progress.
• The Congregational Church remained legally established in some New England states, but the Anglican Church, associated with the British crown, faced humiliation.
• The Anglican Church was reformed into the Protestant Episcopal Church and lost its established status nationwide.
• The fiercest battle for religious freedom occurred in Virginia, where Thomas Jefferson and other reformers, including Baptists, secured victory with the passage of the Virginia Statute for Religious Freedom in 1786.

Impact on Slavery and Egalitarian Sentiments

• The American Revolution created challenges to the institution of slavery, fueled by the idea of equality.
• In 1774, the Continental Congress called for the complete abolition of the slave trade, which was supported by most states.
• In 1775, Quakers established the world’s first anti-slavery society, the “Philadelphia Society for the Relief of Free Negroes Unlawfully Held in Bondage,” commonly referred to as the Pennsylvania Abolition Society.
• Some northern states took steps to either abolish slavery outright or implement gradual emancipation laws.
• Even in Virginia, a few slaveholders freed their slaves.

AHC Note — In 1787, just before the Constitutional Convention started, 81-year-old Benjamin Franklin became President of the Pennsylvania Abolition Society. For the last three years of his life, Franklin publicly opposed slavery, writing and publishing essays in support of the growing Abolition Movement. In 1790, Franklin petitioned Congress, asking it to “…cut the cancer of slavery out of the American body politic…” The petition led to a fierce debate in Congress and was eventually rejected.

Incomplete Progress and Continued Discrimination

• Despite these changes, the revolution of sentiments against slavery remained incomplete.
• No states south of Pennsylvania abolished slavery.
• Both North and South enforced harsh legal discrimination against freed blacks and slaves.
• Emancipated African Americans faced restrictions such as being barred from property ownership, certain job opportunities, and education for their children.
• Laws prohibiting interracial marriage emerged during this period.

AHC Note — Black Codes and Slave Laws existed in the colonies and territories before the establishment of the United States. These continued to be enforced, even after the United States gained independence. In 1804, Ohio became the first state legislature to enact laws that restricted the rights and freedoms of blacks. Some of these laws remained in effect until 1886 — more than 20 years after the Civil War.

Factors Limiting Abolition

• Despite the dawning democratic age, Abolition did not progress further due to political expediency.
• The idealism of the Founding Fathers was sacrificed to maintain fragile national unity.
• James Madison, in 1787, expressed concerns that fighting over slavery would endanger the union, prioritizing cohesion over abolition.
• Nearly a century later, the issue of slavery played a significant role in the American Civil War.

Incomplete Progress for Women’s Equality

• The extension of equality to women remained incomplete despite advancements in democratic ideals.
• Some women served in the military disguised as men, and New Jersey briefly allowed women to vote in 1776.
• Although Abigail Adams teased her husband about women’s political rights, most women in the Revolutionary Era were still engaged in “traditional” women’s work.

AHC Note — Founding Mothers like Abigail Adams and Mercy Otis Warren played an important role in helping establish the ideology of the American Revolution. Adams wrote letters and memoirs that are considered to be major historical documents and Warren wrote the first published history of the American Revolution.

Republican Motherhood

• Revolutionary ideals did affect women, particularly through the concept of “civic virtue.”
• Republican ideology emphasized the importance of each citizen’s commitment to the public good, which mothers were seen as best suited to cultivate.
• The idea of “Republican Motherhood” emerged as a prestigious role, with mothers entrusted with the moral education of future citizens.
• Women’s educational opportunities expanded, as educated wives and mothers were believed to better instill republican virtues in their families.
• Republican women bore crucial responsibility for the nation’s survival, elevating their role in society.

AHC Note — American women living in the Confederation Era and Federalist Era were simply living their lives, doing what they thought was best for their families. The term “Republican Motherhood” was coined by historian Linda K. Gerber in an article she wrote in 1976 called “The Republican Mother: Women and the Enlightenment – An American Perspective.”

Constitution Making in the States

Call for New Constitutions

• In 1776, the Continental Congress urged the colonies to draft new constitutions, effectively asking them to establish themselves as new states.
• The sovereignty of these new states was based on the theory of Republicanism, with authority resting on the people.
• Crafting new governments became a priority, sometimes even more urgent than manufacturing gunpowder.
• While Connecticut and Rhode Island made minimal changes to their Colonial Charters, constitution writers in other states worked diligently to embody the Republican Spirit of the American Revolution

AHC Note — In simple terms, Republicanism is an ideology that focuses on fair, balanced government, with an emphasis on honesty and virtue. A Republican government is driven by the will of the people, instead of a monarch, dictator, elites, or the upper class. These values are found in ancient Greece and Rome and were revived during the Renaissance. In England, it appealed to politicians who were way of the excessive power of the monarchy. During the American Revolution, Thomas Paine made the argument for American independence, based on Republicanism, in his pamphlet “Common Sense.”

Precedents of the Massachusetts Constitution

• Massachusetts held a special convention to draft its Constitution and then directly submitted the final draft to the people for ratification.
• Once adopted in 1780, the Massachusetts Constitution could only be amended by a State Constitutional Convention.
• This procedure of direct ratification by the people and limited amendment process was later replicated in the drafting and ratification of the United States Constitution.

Features of State Constitutions

• The new State Constitutions shared many common features, facilitating the drafting of a federal charter later on.
• Unlike the British Constitution, which was a loose collection of laws and customs, American Constitutions were written documents that defined the powers of government and drew authority from the people.
• State Constitutions were considered fundamental laws, superior to ordinary legislation, and often included a Bill of Rights to safeguard liberties against legislative overreach.
• Most State Constitutions mandated annual legislative elections to ensure representatives stayed connected with public sentiment.
• They intentionally created weak executive and judicial branches, which was based on their distrust of governors and judges created during disputes with British officials during the American Revolution.

State Legislatures and Influence of Western Districts

• State legislatures were granted sweeping powers, reflecting their perceived democratic nature.
• Thomas Jefferson cautioned against the potential tyranny of legislative bodies, emphasizing the danger of unchecked power.
• The presence of many representatives from recently enfranchised poorer western districts influenced the democratic character of state legislatures.
• These representatives often advocated for the relocation of state capitals from elitist eastern seaports to more modest inland areas, leading to several successful movements to shift capitals westward.
• The relocation of state capitals from eastern seaports to the interior signaled impending political shifts that unsettled more conservative Americans.
• Capitals in states like New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia were all moved westward during the Revolutionary Era.

Economic Crosscurrents

Availability of Land

• Following the war, states took control of former Crown Lands after the war.
• While wealthy land speculators benefited, many large Loyalist holdings were confiscated and divided into smaller farms.
• The excesses and violence of the French Revolution were avoided partly due to the availability of cheap land on the Western Frontier.

Growth of Manufacturing

• Manufacturing received a boost from prewar Non-Importation Agreements and the war itself.
• With imports from Britain largely cut off, Americans were compelled to produce goods domestically.
• Ten years after the Revolution, the Brandywine Creek in Pennsylvania was powering numerous mills.
• Despite advancements in manufacturing, agriculture remained the dominant economic activity in America.

Economic Drawbacks of Independence

• Independence brought economic drawbacks, as Americans were cut off from trading with British merchants.
• American ships were barred from sailing into British harbors, including the British West Indies.

New Commercial Opportunities

• Despite drawbacks, new commercial outlets partially compensated for the loss of old ones.
• Americans could now trade freely with foreign nations, although subject to local restrictions.
• American merchants ventured into the Baltic and China Seas, with the Empress of China leading the way in 1784.

Challenges and Economic Strain

• The war led to extravagance, speculation, and profiteering, with some merchants earning large profits of up to 300%.
• Inflation devastated many people, and Congress struggled to deal with the economic turmoil.
• Some historians have argued that many Americans were financially worse off by the end of the war.
• The American Revolution created a skepticism of authority, including governments that levied taxes on the populace.

A Shaky Start Toward Union

Challenges of Independence

• The responsibility of creating and operating a new government fell squarely on the shoulders of Americans after winning independence.
• The prospect of establishing a lasting government was slim, due to the regional and cultural differences that existed between the states.
• America lacked unity, and leaders emphasizing “Natural Rights” viewed authority with suspicion.
• With the war over, Americans were no longer bound together by the Patriot Cause and resistance to British policies.
• Leaders were tasked with organizing a government that provided order but also avoided the mistakes British officials made.

Post-War Hardships

• Hard times followed the war, reaching a low point in 1786.
• British manufacturers flooded the American market with cheap goods, harming growing American industries.
• Industries suffered from competition, prompting calls for domestic consumption of locally produced goods.

Hopeful Signs

• Despite challenges, hopeful signs emerged, including the similarity in governmental structures among the 13 States and their rich political inheritance.
• Men like George Washington, James Madison, John Adams, Thomas Jefferson, and Alexander Hamilton provided critical leadership that bridged the American Revolution and the early Federalist Era.

Creating a Confederation

Role of the Second Continental Congress

• The Second Continental Congress functioned primarily as a conference of ambassadors from the 13 States.
• Congress lacked overarching Constitutional authority.
• It operated cautiously and only undertook actions it deemed necessary, though it asserted control over military affairs and foreign policy.
• In most respects, the 13 States were sovereign, as they managed their finances, raised armies and navies, and imposed tariffs.
• The Virginia independently ratified the Treaty of Alliance of 1778 with France.

Articles of Confederation

• Shortly before declaring independence in 1776, Congress appointed a committee to draft a written constitution for the new nation.
• The resulting document was the Articles of Confederation, adopted by Congress in 1777 and translated into French after the Battle of Saratoga to assure France of America’s commitment to forming a genuine government.
• However, the Articles were not ratified by all thirteen states until 1781, less than eight months before the victory at Yorktown.

AHC Note — On June 7, 1776, Richard Henry Lee of Virginia introduced the Lee Resolution to Congress, which called for the 13 Colonies to dissolve the connection with Great Britain, take measures to form foreign alliances, and prepare a plan for the unification of the colonies. On June 11, Congress responded by forming three committees, including the Committee of Thirteen, which was tasked with creating a plan for unification.

Dispute Over Western Lands

• The primary source of discord among the states was the issue of western lands.
• Six states, including Pennsylvania and Maryland, had no land holdings beyond the Allegheny Mountains.
• Seven states, notably New York and Virginia, possessed vast territories, often based on earlier charter grants. Virginia had a “Sea-to-Sea Charter” that initially extended its borders to the Pacific Ocean.
• States without Western Lands argued that the fortunate states would not have retained possession of these lands if all states had not fought for them collectively.
• A major complaint was that states with abundant land could sell their western tracts to settle debts incurred during the war, while land-poor states would have to impose heavy taxes to cover their obligations.
• Some suggested transferring control of the Western Lands to the central government as a solution to the dispute.

Adoption of the Articles of Confederation

• Unanimous approval of the Articles of Confederation was required from all 13 States.
• Maryland resisted approval until March 1, 1781, when New York surrendered its Western Lands and Virginia prepared to do the same.
• Congress pledged to dispose of Western Lands for the “common benefit” and agreed to create “Republican States,” ensuring equality between the original 13 States and any new states that were added to the Union.
• This was an example of following the Republican principles of the American Revolution which was later fulfilled in the Northwest Ordinance of 1787.

Impact of Transferred Public Lands

• Transferring public lands to the central government strengthened the Union.
• States that contributed their land had to remain in the Union to benefit from land sales.
• Westward-moving pioneers purchased farms from the federal government, reducing local influence in favor of the national capital.
• A uniform national land policy became feasible due to the peaceful transfer of lands.

AHC Note — The Western Lands were organized into the Northwest Territory. Following the American Revolutionary War, the Confederation Congress organized the territory through the Ordinance of 1784, the Land Ordinance of 1785, and the Northwest Ordinance of 1787. The Northwest Ordinance took the extraordinary steps of creating a Bill of Rights for the Northwest Territory and prohibiting slavery in the region.

The Articles of Confederation: America’s First Constitution

Nature of the Articles of Confederation

• The Articles of Confederation, sometimes called “Articles of Confusion,” established a loose confederation or “firm league of friendship” among the 13 independent states.
• They linked the states for joint action on common issues, particularly foreign affairs, with Congress serving as the primary governing body.
• The absence of an executive branch, due to distrust of monarchy, and the limited role of the judiciary were notable in the Articles.

Weaknesses and Limitations of Congress

• The Confederation Congress was intentionally constrained.
• Each state had one vote regardless of population, resulting in disproportionate representation.
• Significant bills required support from 9 states, and amending the Articles required a unanimous vote, making amendments nearly impossible.
• The intentional weakness of Congress stemmed from states’ reluctance to cede power to a central authority after gaining control over taxation and commerce from Britain.

Handicaps of the Congress

• Congress lacked the authority to regulate commerce, allowing states to enact conflicting laws on tariffs and navigation.
• The inability to enforce tax collection further weakened Congress, as it relied on voluntary contributions from states based on tax quotas.

The Pennsylvania Mutiny

• The central government in Philadelphia could advise and advocate but lacked the power to command or coerce independent states.
• In 1783, Congress faced a serious threat from mutinous Pennsylvania soldiers demanding back pay.
• When Pennsylvania authorities refused to provide military protection, Congress fled to Princeton College in New Jersey.

AHC Note — The Pennsylvania Mutiny took place on June 17, 1783. Around 400 soldiers from the Continental Army barricaded the members of Congress inside Independence Hall. The soldiers were upset because Congress failed to pay them for their service in the war. Alexander Hamilton negotiated with the soldiers, who agreed to allow the members to leave Independence Hall. The members of Congress left Philadelphia on June 22.

Significance of the Articles of Confederation

• Despite their weaknesses, the Articles of Confederation were an important milestone in the development of the United States Government.
• Thomas Jefferson praised them as the best structure ever to exist, comparing them favorably to European governments.
• However, the weaknesses of the Articles required a shift from a loose confederation to a tight federation.
• This led to states surrendering some sovereignty for a restructured federal government.

Role in the Evolution of the Constitution

• Despite their flaws, the Articles provided a foundation for the present Constitution, outlining the general powers of the central government, such as treaty-making and establishing a postal service.
• As the first written Constitution of the Republic, the Articles preserved the idea of union and maintained cohesion among the states until the emergence of a stronger Constitution.
• Without this transitional phase, the states might not have moved from the 1774 Continental Association to the Constitution of the United States.

Landmarks in Land Laws

Congressional Legislation for the Old Northwest

• Despite its limitations, the Congress of the Confederation passed significant legislation regarding the Old Northwest, the vast area acquired from the states.
• This region was located northwest of the Ohio River, east of the Mississippi River, and south of the Great Lakes.

Land Ordinance of 1785

• The Land Ordinance of 1785 was a landmark piece of legislation.
• It mandated the sale of land in the Old Northwest to help pay off the national debt.
• Prior to sale and settlement, the area was to be surveyed to prevent confusion and legal disputes.
• The land was to be divided into townships of 6 miles square, each containing 36 sections of one square mile.
• The 16th section of each township was reserved for public schools.
• This orderly settlement sharply contrasted chaotic land ownership south of the Ohio River, where fraud was common due to poor record-keeping and uncertain ownership.

Northwest Ordinance of 1787

• The Northwest Ordinance of 1787 addressed governance in the Old Northwest and tackled the challenge of how a nation should govern its colonies, a longstanding issue.
• It proposed a compromise solution — temporary territorial control followed by permanent equality.
• The ordinance outlined two territorial stages during which the area would be under federal control before being admitted as a state once it reached 60,000 inhabitants.
• This fulfilled the promise made by the Continental Congress to states when they surrendered their lands in 1781.
• Additionally, the ordinance prohibited slavery in the Old Northwest, advancing the Abolition Movement and helping to fulfill the promise of the Declaration of Independence.

AHC Note — Despite its weaknesses, Congress successfully handled the issue of the Western Lands and set up a system that successfully established a process for adding new states to the Union.

The World’s Ugly Duckling

Foreign Relations during the Confederation

• Relations with foreign nations, especially Great Britain, remained difficult during the Confederation Era.
• Britain felt betrayed and refused to send a Minister to America for 8 years.
• British officials suggested that if they sent one Minister, it would have to send 13.
• Britain declined to negotiate a commercial treaty or repeal the Navigation Acts, which prohibited British subjects from trading with American merchants
• Some British officials believed the United States would eventually need to trade with Britain and would eventually give in to some of their demands.
• Despite British restrictions, American trade with the profitable West Indies continued via smuggling.

British Activities and Grievances

• British agents were active along the northern frontier, seeking to annex rebellious areas like Vermont to Britain.
• Despite the peace treaty, British forces maintained trading posts on U.S. soil, justifying their presence partly due to American states’ failure to honor peace treaty terms regarding debts and Loyalists.
• Britain’s main aim was likely to maintain favor with Native American Indian tribes to serve as a barrier against future American attacks on Canada.

AHC Note — The negotiations between Vermont and Britain are known as the Haldimand Affair. During the war, the New Hampshire Grants declared independence from New York, calling itself New Connecticut. The leaders, including Ethan Allen, lobbied Congress for recognition but New York threatened to walk out if Congress acknowledged New Connecticut. The people living in New Connecticut were furious, especially since they had played such an important role in capturing Fort Ticonderoga in 1775 and helping gain a tactical victory at the Battle of Hubbardton. In July 1780, Frederick Haldimand, the Governor of Quebec, sent a letter to Ethan Allen that initiated secret negotiations for New Connecticut to secede and return to the British Empire. Negotiations ended after the British surrendered at the end of the Siege of Yorktown.

American Response and Challenges

• Patriot Americans were infuriated by British actions, leading to demands for retaliatory measures such as imposing restrictions on British imports.
• However, Congress lacked the power to control commerce, and states refused to adopt a uniform tariff policy, with some lowering tariffs to attract more trade.

Challenges with Spain

• Spain, despite fighting against Britain during the war, was unfriendly to the new United States.
• Spain controlled the mouth of the Mississippi River, threatening Western shipments.
• In 1784, Spain closed the river to American commerce.
• Spain also claimed territories granted to the United States by Britain in 1783, including Florida, and held garrisoned forts that were on disputed soil.
• Native American Indian tribes worked with Spain and Britain to hinder American efforts to establish control over the frontier.

Challenges with France

• France demanded repayment of loans made during the war and restricted trade with American ports.

Threats from North African Pirates

• Pirates from North African states, notably the Dey of Algiers, targeted American merchant ships in the Mediterranean.
• They seized ships and took Americans as prisoners, enslaving many of them.
• Before the American Revolution, the British Navy protected American merchants sailing on the open seas.
• However, the United States lacked the naval power to continue providing adequate protection from foreign nations and pirates.
• Some Americans resorted to using forged British papers to engage in Mediterranean trade, but this tactic was not overly successful.

John Jay

• John Jay was the Secretary for Foreign Affairs.
• Jay hoped the challenges with foreign nations and pirates would convince the American people that a stronger government was needed

The Horrid Specter of Anarchy

Economic Challenges of the New Nation

• The system for raising money was failing as some states refused to contribute, criticizing the authority of Congress and likening it to a monarchy.
• Interest on the public debt accumulated, leading to deterioration of the nation’s credit.

State-level Disarray

• Disputes over boundaries sparked numerous minor conflicts between states.
• Some states imposed duties on goods entering from neighboring states, such as New York taxing firewood from Connecticut and cabbages from New Jersey.
• Several states started issuing paper money, which quickly depreciated.

Shays’ Rebellion

• Shays’ Rebellion erupted in western Massachusetts in 1786, involving impoverished farmers, many of whom were veterans of the American Revolutionary War
• Led by Captain Daniel Shays, they demanded cheap paper money, lighter taxes, and suspension of property foreclosures.
• Hundreds of agitators armed themselves and attempted to enforce their demands.

Government Response

• Massachusetts authorities raised a small army, partly funded by wealthy citizens, to suppress the rebellion.
• Several skirmishes occurred, resulting in casualties among the rebels.
• Daniel Shays, the leader of the rebellion, was condemned to death but later pardoned.

Impact and Reactions

• The rebellion instilled fear in the propertied class, who saw it as evidence of “mobocracy” and the potential dangers of unchecked liberty.
• George Washington and others worried that republicanism had led to an uncontrollable appetite for liberty, undermining civic virtue.
• Some citizens began to advocate for a stronger central government, considering republicanism too unstable.
• Shays’ Rebellion is sometimes referred to as the “Last Battle of the American Revolution.”

Assessment of Conditions under the Confederation

• Conservatives, concerned about safeguarding their wealth and status, tended to exaggerate the severity of the nation’s situation under the Articles of Confederation.
• They advocated for a stronger central government to address perceived weaknesses.
• States’ Rights advocates downplayed the notion of anarchy, fearing that a powerful federal government would favor creditors over debtors.
• Despite differing opinions, there was a consensus that the Articles of Confederation needed strengthening.

Views on Strengthening the Confederation

• Popular sentiments favored measures to strengthen the union, with slogans such as “Cement to the Union” and “A hoop to the barrel.”
• Debates arose over how to achieve this goal while balancing state rights with a central government.
• While some believed that amending the Articles could suffice, the adoption of a completely new Constitution was seen as a more decisive and effective solution.

Brightening Nationwide Picture

• Before the drafting of the Constitution, the national outlook was improving.
• Several states had stopped issuing paper currency, signaling a return to stable monetary policies.
• The economy showed signs of recovery from the depression, with overseas shipping dramatically improving by 1789.

AHC Note — Prominent leaders looked to expand the nation’s economy, including George Washington. In 1785, he held the Mount Vernon Conference and met with representatives from Virginia and Maryland to discuss rights to shared waterways, like the Potomac River. The delegates agreed to the Mount Vernon Compact, the first agreement made between states. This led to another meeting, known as the Annapolis Convention, which looked to improve the navigation of the Potomac River. Only 5 states were represented at this Convention, and the delegates felt they needed more input in order to accomplish anything. They called for a new convention — to fix the problems they all believed were inherent in the Articles of Confederation.

A Convention of “Demigods”

Commerce as the Catalyst for Constitutional Convention

• Interstate disputes over commerce reached a critical point by 1786, prompting Virginia to call for a convention in Annapolis, Maryland.
• While 9 states appointed delegates, there were only delegates from 5 states in attendance.
• Alexander Hamilton played a pivotal role in salvaging the Convention’s outcome by advocating for a broader focus on revising the Articles of Confederation.

Congressional Response

• Congress initially hesitated to endorse another Convention.
• However, pressure from states and the appointment of delegates forced Congress to issue the call for a Convention in Philadelphia.
• Rhode Island, known for its independent stance and paper money policies, declined to send delegates.
• Delegates were appointed by state legislatures.

Representation and Goals of the Convention

• Delegates to the Convention were predominantly landowners, selected through a two-tiered process involving state legislatures and property-qualifying voters.
• Despite claims of self-interest, the delegates were tasked with revising the Articles of Confederation with broader national interests in mind.
• Suggestions to restrict federal offices to major property owners were met with criticism for potentially undermining republican principles.

Convening of the Constitutional Convention

• A quorum of 55 delegates from 12 states assembled in Philadelphia at the Statehouse on May 25, 1787.
• The small size of the assembly encouraged close relationships among delegates and facilitated compromise.
• Sessions were conducted in secrecy, with armed guards stationed at the doors to prevent leaks of information.

High Caliber of Participants

• The quality of the delegates was exceptionally high, with Thomas Jefferson describing them as “demigods.”
• The gravity of the situation compelled the most capable individuals to set aside personal pursuits and contribute to their country’s welfare.
• Many delegates were experienced lawyers, and a significant portion had prior experience in drafting Constitutions for their respective states.

Leadership of the Constitutional Convention

• George Washington, revered for his role as “the Sword of the Revolution,” was unanimously chosen to preside over the Convention.
• Benjamin Franklin, who was 81, brought experience to the proceedings but sometimes struggled with being discreet.
• To preserve secrecy, chaperones were appointed to accompany him to social gatherings.
• James Madison, 36 years old, was known for his deep understanding of government, made significant contributions, and earned the title “Father of the Constitution.”
• Alexander Hamilton, 32, advocated for a strong central government.
• Hamilton delivered a lengthy, eloquent speech in support of his plan, but he failed to convince anyone but himself.

Absence of Revolutionary Leaders

• Many prominent leaders of the American Revolution were not involved in the development of the Constitution.
• Thomas Jefferson, John Adams, and Thomas Paine were in Europe.
• Samuel Adams and John Hancock were not elected as delegates from Massachusetts.
• Patrick Henry was selected as a delegate from Virginia but declined, expressing suspicion over the proceedings by saying he “smelled a rat.”

Patriots in Philadelphia

Composition of the Constitutional Convention

• The 55 delegates were primarily conservative, wealthy men, including lawyers, merchants, shippers, land speculators, and moneylenders.
• None of them represented the lower classes, and 19 of them owned slaves.
• Despite their relatively young average age of about 42, they were experienced statesmen and nationalists.
• They managed to prioritize the preservation of the Republic and strengthen it.

Goals and Motives of the Delegates

• The delegates tried to work the idealism of the American Revolution into a stable political structure that could last.
• They wanted a firm, dignified, and respected government, believing in Republicanism but intending to safeguard America from its weaknesses abroad and excesses at home.
• The hostility of British Mercantilists and the need to secure commercial treaties with foreign nations was important, as were uprisings like Shays’ Rebellion.
• Preserving the Union, preventing anarchy, and ensuring the security of life and property were key objectives.
• They also looked to restrain what they viewed as unrestrained democracy in the states.

Role of Fear and Necessity

• Fear, prompted by Shays’s Rebellion, played a significant role in driving the delegates to craft a new Constitution.
• The threat of unrest and the necessity to address pressing challenges forced the reluctant nation to confront the need for government reform.

Hammering Out a Bundle of Compromises

Debate Over the Structure of Government

• Upon arriving in Philadelphia, some delegates advocated for scrapping the old Articles of Confederation entirely, despite the plan to revise them.
• Virginia proposed the “large-state plan,” which suggested representation in both houses of Congress should be based on population, giving larger states more influence.
• New Jersey, wary of Virginia’s dominance, presented the “small-state plan,” advocating for equal representation in a unicameral Congress, similar to the existing Articles of Confederation.
• The smaller states feared that the large-state plan would lead to domination by the larger states, sparking heated debate and deadlock.
• Benjamin Franklin proposed opening daily sessions with prayer to seek guidance and unity.
• The debates were intensified by the warm weather.

The Great Compromise

• After intense and prolonged debate, the convention reached a significant breakthrough known as the “Great Compromise.”
• The compromise addressed the issue of representation in Congress:
  • Larger states were granted representation based on population in the House of Representatives.
  • Smaller states received equal representation in the Senate, with each state having two Senators.

  Strengthening of Executive Power

  • The new Constitution departed from the State Constitutions by establishing a strong, independent Executive Branch embodied in the Presidency.
  • Inspired in part by the example of Massachusetts, where a popularly elected Governor had effectively dealt with Shays’s Rebellion, the framers endowed the Presidency with significant authority.
  • The President was designated as the military Commander-in-Chief and granted extensive powers of appointment, including the appointment of Judges.
  • Additionally, the President was vested with the authority to veto legislation, enhancing the ability of the Executive Branch to influence the legislative process.

  Electoral College

  • The Constitution was created through various compromises.
  • One crucial compromise was the method of electing the President through the Electoral College, rather than direct popular vote. This was intended to balance the interests of both large and small states, ensuring fair representation in the process of electing the President.
  • The Electoral College allowed large states to have an advantage in the initial round of popular voting, while small states gained a larger voice if no candidate secured a majority of electoral votes, leading to a House of Representatives election where each state had equal representation.
  • Despite the expectation that House elections would occur frequently, they happened only twice, in 1800 and 1824.

  The Three-Fifths Compromise

  • Sectional tensions influenced compromises within the Constitution, particularly regarding the treatment of slaves.
  • A significant debate arose over whether slaves should be counted as persons for the purposes of apportioning direct taxes and representation in the House of Representatives.
  • The South advocated for counting slaves to maintain influence, while the North opposed it, arguing that slaves were not citizens.
  • The compromise, known as the “Three-Fifths Compromise,” determined that each slave would count as three-fifths of a person for representation purposes.

  End of the Slave Trade

  • Many states desired to end the African Slave Trade, but South Carolina and Georgia, reliant on slave labor, opposed it.
  • As a compromise, the convention allowed the Slave Trade to continue until the end of 1807, after which Congress could ban the practice.
  • Once the time elapsed, Congress promptly banned the overseas Slave Trade, with all new state constitutions, except Georgia’s, prohibiting it as well.

  AHC Note — Despite the ban on the Slave Trade, smuggling of slaves continued until 1860. The last ship that is believed to have illegally transported slaves into the United States is the Clotilda. Additionally, the practice of slavery continued, particularly in the Southern States.

  Safeguards for Conservatism

  Areas of Agreement in the Constitutional Convention

  • Despite some heated debates, there was a large area of agreement among the delegates, preventing the Convention from disbanding.
  • Economically, the delegates shared common ground, advocating for sound money and the protection of private property.
  • Politically, they were largely in agreement, favoring a stronger government with three branches and implementing checks and balances among them, despite critics labeling it a “triple-headed monster.”
  • The Convention was nearly unanimous in its opposition to Universal Suffrage, believing it led to governance by “democratick babblers.”

  Safeguards Against Mob Rule

  • The delegates intentionally established safeguards against the potential excesses of mob rule.
  • Federal Judges were granted lifetime appointments to ensure independence from political influence.
  • The President was to be elected indirectly by the Electoral College, and Senators were to be chosen indirectly by state legislatures, limiting direct popular influence.
  • Only in the House of Representatives were qualified citizens allowed to choose officials directly by vote, representing one-half of one of the three branches of government.

  Republicanism in the Constitution

  • The new Constitution included democratic elements, particularly emphasizing two core principles of Republicanism:
    • Government legitimacy is based on the consent of the governed.
    • The limitation of government powers is specifically outlined in a written Constitution.

    Conclusion of the Constitutional Convention

    • After 17 weeks of deliberations from May 25 to September 17, 1787, only 42 of the original 55 members remained to sign the document.
    • Three members declined to sign and returned to their states to resist ratification.
    • The remaining delegates celebrated the occasion at the City Tavern, although none were entirely satisfied with the final result.
    • Despite personal preferences, the delegates had to compromise and adopt provisions acceptable to the entire body and, presumably, the entire country.

    The Clash of Federalists and Antifederalists

    Challenges of Nationwide Acceptance

    • The “Framing Fathers” knew there would challenges in obtaining acceptance of the Constitution.
    • A major obstacle was the requirement of unanimous ratification by all 13 states, as mandated by the Articles of Confederation which were still in effect.
    • Anticipating Rhode Island’s certain veto of the Constitution, the delegates devised a new approach. They stipulated that ratification by 9 states through specially elected conventions would suffice for the Constitution to become the supreme law of the land in those states.

    Extraordinary Nature of the Approach

    • This approach was extraordinary and somewhat revolutionary.
    • It bypassed the Congress that had convened the Convention and the legislatures that had selected its members, appealing directly to the people — at least those eligible to vote.
    • By doing so, the Framers aimed to claim greater popular support for their work.
    • A divided Congress submitted the document to the states on this basis, refraining from making any recommendations.

    Public Reaction and Debate

    • The American people were surprised by the outcome of the Convention.
    • Initially expecting a revision of the old Articles of Confederation, they were presented with an entirely new document that many believed encroached upon state sovereignty.
    • This led to one of the most heated debates in American history, with the Anti-Federalists opposing a stronger federal government and the Federalists supporting it.

    Anti-Federalist Opposition

    • The Anti-Federalists included including prominent revolutionaries like Samuel Adams, Patrick Henry, and Richard Henry Lee.
    • Their followers were primarily States’ Rights advocates, Backcountry residents, and small-scale farmers, often from the lower economic classes.
    • Paper money proponents and debtors also joined their ranks, fearing that a strong central government would force them to repay debts at full value.
    • Many Anti-Federalists viewed the Constitution as a scheme by the elite to seize power from the common people.

    Federalist Strengths

    • Federalists held significant power and influence.
    • They counted George Washington and Benjamin Franklin among their supporters.
    • They were predominantly located in the settled coastal regions rather than the rural Backcountry and frontier.
    • Wealthier, more educated, and better organized than their counterparts, they also wielded control over the press.
    • Only a minority of newspapers backed the Anti-Federalist cause.

    Antifederalist Criticisms

    • Anti-Federalists opposed the Constitution, labeling it a “gilded trap” designed by aristocratic factions and thus undemocratic.
    • They argued that the Constitution undermined state sovereignty and jeopardized individual freedoms by lacking a Bill of Rights.
    • Objections included the absence of annual elections for Congressional representatives, the establishment of a federal capital (later Washington, D.C.), the creation of a standing army, the omission of references to God, and the questionable process of ratification with only two-thirds of states.
    • Some critics even disparaged Benjamin Franklin and George Washington personally, with one Philadelphia newspaper calling them “fools.”

    The Great Debate in the States

    Ratification Process

    • Special elections were conducted in the states to choose delegates for the State Ratifying Conventions.
    • Candidates were either Federalists or Anti-Federalists, based on their stance towards the Constitution.
    • The State Conventions saw varied levels of enthusiasm, with some states experiencing hotly contested debates while others showed apathy.

    Early Acceptance

    • Four small states quickly ratified the Constitution, as they found its terms more favorable than anticipated.
    • Delaware, New Jersey, Georgia, and Connecticut.

    Pennsylvania’s Ratification

    • Pennsylvania became the second to ratify the Constitution. However, the process was marred by irregularities orchestrated by the Federalist-controlled legislature.
    • Irregularities included forcibly seating two Anti-Federalist members, who were visibly angered and physically mistreated, in order to achieve a quorum for the State Convention.

    Massachusetts Ratification

    • Massachusetts, the second most populous state, was a crucial test for the Constitution.
    • Initially, the Boston ratifying convention leaned towards Anti-Federalism, including skeptics like the aging Samuel Adams and supporters of Shays’ Rebellion.
    • Talks of convening another Constitutional Convention arose, but the choice was between the Constitution and the flawed Articles of Confederation.
    • Concerns over the lack of a Bill of Rights troubled Anti-Federalists, but Federalists assured them that amendments could address this issue.
    • Ratification in Massachusetts was achieved narrowly, with a vote of 187 to 168.

    AHC Note — Massachusetts only agreed to ratify the Constitution when Federalists agreed to enact a Bill of Rights. This agreement is known as the “Massachusetts Compromise.”

    Ratification Progress

    • Maryland, South, Carolina, and New Hampshire ratified the Constitution.
    • Initially, New Hampshire’s convention favored Anti-Federalism, but Federalists managed to sway enough members to secure ratification.

    Adoption of the Constitution

    • With 9 states having ratified, excluding Virginia, New York, North Carolina, and Rhode Island, the Constitution was officially adopted on June 21, 1788.
    • Celebrations were premature as dissent continued, notably in New York and Virginia.

    The Four Laggard States

    Virginia’s Anti-Federalist Opposition

    • Virginia, the largest and most populous state, opposed the Constitution, led by men like Patrick Henry.
    • Henry saw the Constitution as a threat to liberty, but Federalist stalwarts like George Washington, James Madison, and John Marshall countered him.
    • Despite the opposition, Virginia ratified the Constitution with a vote of 89 to 79 in the State Convention.
    • Virginia ratified on June 26, 1788.

    New York’s Struggle

    • New York faced similar challenges with its heavily Anti-Federalist state convention.
    • Alexander Hamilton, although favoring a stronger central government, used his charisma and persuasive skills to advocate for Federalism.
    • Hamilton, John Jay, and James Madison collaborated on a series of influential essays known as The Federalist Papers, which provided commentary on the Constitution.
    • Madison’s Federalist No. 10, in particular, debunked the notion that Republican government could not function effectively over a large territory.

    New York’s Ratification and Proposed Amendments

    • New York ratified the Constitution with a narrow vote of 30 to 27.
    • The convention also approved thirty-two proposed amendments and called for another convention to modify the Constitution.
    • New York ratified the Constitution on July 26, 1788.

    Last-Ditch Dissent in North Carolina and Rhode Island

    • The North Carolina Convention adjourned without voting on ratification.
    • Rhode Island rejected the Constitution through a popular referendum, without even summoning a State Convention.
    • Both states, known for their individualism, resisted ratification until the new government had been operational for some time.

    Close and Bitter Ratification Process

    • Despite apathy, the race for ratification was closely contested and bitter in some areas.
    • Riots occurred in New York and Pennsylvania.
    • Delegates faced behind-the-scenes pressure to vote against the Constitution, despite promises to their constituents.
    • The last four states ratified the Constitution not out of desire but out of necessity, recognizing that they would not be able to safely exist outside the Union.

    A Conservative Triumph

    • The American Revolutionary War was led by the Continental Congress, the officers of the Continental Army, and leaders of state militias.
    • They made up a minority of the American population.
    • Many of these same men helped orchestrate a peaceful transition from the Confederation to the Republic.

    Silent Majority

    • The majority of Americans did not have a say in the transition.
    • Roughly one-fourth of adult white males voted for delegates to the State Ratifying Conventions.
    • If the new Constitution had been subjected to a popular vote, it might would have faced more opposition and possibly been defeated.

    Victory of Conservatism

    • Conservatism emerged victorious with the establishment of safeguards against mob rule while conserving the Republican Ideals of the American Revolution.
    • American conservatives, including former radicals like Patrick Henry, succeeded in shaping the new government.
    • Federalists believed that by stabilizing the government, they could restore economic and political prosperity to the nation.

    Conservation of Republican Principles

    • The architects of the Constitution conserved the principle of Republican Government through a redefinition of Popular Sovereignty.
    • Unlike the Anti-Federalists, who believed in the sovereignty of the people solely within the legislature, Federalists argued that every branch of the Federal Government represented the people.
    • The Constitution balanced the principles of liberty and order by embedding the doctrine of self-rule in a system of checks and balances between the Executive Branch, Judicial Branch, and Legislative Branch.
    • Ultimately, the United States Constitution was a compromise between the ideals of the American Revolution and the needs of a young nation that required a stable, cohesive, Federal Government — within the framework of a Republic that included 13 states.

    Additional Resources for the Confederation and the Constitution

    The notes on this page are based on the 16th edition of The American Pageant. We have expanded on the source material with additional details, corrections, and links to Encyclopedia Entries that explain topics in more detail. For more information, including terms and definitions, see the following:

    • Advanced Placement United States History (APUSH) Units
    • The Confederation and the Constitution (1776–1790)
    • Launching the New Ship of State (1789–1800)
    • The Triumphs and Travails of the Jeffersonian Republic (1800–1812)
    • The Second War for Independence and the Upsurge of Nationalism (1812–1824)
    • The Rise of Mass Democracy (1824–1840)
    • Forging the National Economy (1790–1860)
    • The Ferment of Reform and Culture (1790–1860)
    • Content for this article has been compiled and edited by American History Central Staff.

    Citation Information

    The following information is provided for citations, including APA Style, Chicago Style, and MLA Style.

    • Article Title The Confederation and the Constitution
    • Date 1776–1860
    • Author Amerian History Central Staff
    • Keywords Confederation and Constitution, Articles of Confederation, United States Constitution
    • Website Name American History Central
    • Access Date September 4, 2024
    • Publisher R.Squared Communications, LLC
    • Original Published Date August 2, 2024
    • Date of Last Update August 9, 2024

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