1. THE “CRITICAL PERIOD” 1781-1789
Powers of central government limited under Articles of Confederation
Individual states retained majority of governmental power
Numerous restraints built into articles to make any changes in it nearly impossible
Congressmen had to be elected every year
Had to vote way state legislatures told them to
No chief executive provided for
Each state only given one vote in Congress and 9 had to agree before a bill would pass
Meant that five smallest states could block any measure they didn’t like
Attendance was so lax that 9 states were often not present so nothing got passed

2. SETTLEMENT OF THE WEST
Congress passed several laws that provided for efficient and regular settlement of the West
But British refused to cooperate
Treated U.S. ambassadors like dirt
Refused to appoint ambassador to the U.S.
Refused to evacuate forts in the West
Direct violation of the Treaty of Paris

3. LOYALISTS
British justified violation of Peace of Paris by stating that Americans also violated it
By refusing to pay Loyalists for property they lost during the Revolution
Congress lacked power to raise an army to force British out of forts and could not levy taxes to pay off Loyalists
West therefore remained closed to American settlement

4. ECONOMIC PROBLEMS
British now put heavy duties on American imports to England
Congress did not have power to regulate trade so could not retaliate by doing same thing to British products coming into America
New markets not large enough to fill gap caused by loss of British market
Foreign merchants had governments that supported and protected them
American merchants were on their own and suffered as a result
Foreign trade fell off dramatically and standard of living may have dropped by as much as 20%

5. SOCIAL PROBLEMS Post-Revolution hit small farmers hard
Difficult to pay mortgages and local taxes
Some states responded by lowering taxes and postponing mortgage debts
Other states would not provide farmers any relief
Arguing that it would bankrupt state government

6. SHAY’S REBELLION
Massachusetts refused to lower taxes on farmers and actually raised them instead
Announced that any farmer who did not pay taxes would have property foreclosed
Daniel Shays took matters into his own hands (1786)
Marched on local courthouses to prevent foreclosures
Easily defeated by state militia
Many believed Shay’s example would spread to other states
Provoking major uprising that would destroy everything the Revolution had accomplished
Congress helpless because it didn’t have power to monitor and correct unfair state policies

7. SUMMARY
The government set up by the Articles of Confederation proved to be ineffective in dealing with our most serious problems
It couldn’t open the West to free settlement
It couldn’t get the British to live up to their treaty obligations
It couldn’t protect the interests of American merchants
It couldn’t prevent the outbreak and spread of social unrest within the states
It was becoming increasingly clear that the Articles had to be at least dramatically revised if the United States was to survive

8. HAMILTON AND MADISON Alexander Hamilton
Illegitimate son of Scottish merchant
Wealthy and powerful New York lawyer
Political genius who recognized that Articles were severely flawed and needed to be completely overhauled
James Madison
Virginia planter and 3-term representative in Congress
Worked together to organize national convention to rewrite the Articles

9. CONSTITUTIONAL CONVENTION
55 delegates showed up in Philadelphia and met from May to September 1787.
Called “Founding Fathers” but were generally young men
Most in the 20s or 30s
Only Benjamin Franklin was really old
Most had experience in business, plantation management or politics
39 had been members of Congress
21 had been officers in Revolutionary army
Selected George Washington to preside over meeting

10. NEW CONSTITUTION/NEW PROCEDURES
Convention ignored directive to revise Articles and instead wrote entirely new constitution
Also declared that it would take effect after it had been ratified by at least 9 of 13 states in individual conventions
Clearly in violation of Articles but Congress did not protest
Allowed the new ratification procedures invented by Convention to go into effect

11. THE CONSTITUTION I
Provided for national government much more powerful than the one set up by the Articles
Clearly separate from and superior to the governments of individual states
Had new powers to tax, regulate trade, draft soldiers, and exclusive control of printing money
Individual states deprived of a number of former powers
Such as right to issue paper money
States left free to exercise any power not explicitly denied them in Constitution
Represented on an equal basis in the upper house (Senate) where each state had two representatives regardless of size

12. THE CONSTITUTION II
Checks and balances between three branches of government
Legislative, executive, and judicial branches
New Congress
Two houses (Senate and House of Representatives
Each elected a different way, members served different terms, and both have to agree before a bill can pass
President
Served four-year term
Selected by electoral college
Had power of veto
Supreme Court
Appointed by president for life
Made sure actions of president and Congress did not violate Constitution

13. THE CONSTITUTION III
Complicated structure came about by accident, not by deliberate planning
Result of numerous compromises between opposing views at Convention
Complexity made Founding Fathers hope that it would be impossible for any single special interest group to gain absolute power over the government
Elaborate system would prevent any single branch of government from gaining dictatorial control of entire system

14. SLAVERY AND THE CONSTITUTION
No one proposed giving slaves civil rights or right to vote
Dispute was over whether slaves should be counted when determining a state’s representation in House of Representatives
Southerners wanted slaves counted in determining representation
Northerners opposed counting them
Issue resolved by compromise
Slaves would count as 3/5s of a person when determining population for purposes of representation

15. THE SLAVE TRADE
Some northern delegates wanted to outlaw slave trade in U.S.
Strongly opposed by southern delegates
Settled by compromise
Until 1808, Congress would not interfere with slave trade
After 1808, Congress could regulate and even abolish slave trade

16. RATIFICATION CAMPAIGN
Ratification required that each state nominated a ratification convention and if nine of these conventions approved the Constitution, it would go into effect
Vast publicity campaign accompanied ratification
Those who favored ratification called themselves Federalists
Those who opposed ratification called themselves Anti-Federalists

17. FEDERALISTS Enjoyed numerous advantages Had positive program
Were well-organized
Had superior leadership
Had two of the best-known men in country on their side
George Washington and Benjamin Franklin

18. FEDERALIST PAPERS
Federalists also had three of the greatest political thinkers of the day on their side
Alexander Hamilton, James Madison, and John Jay
Wrote newspaper essays on the virtues of the Constitution
Under pen-name “Publius”
Published later as Federalist Papers
Hamilton, Madison and Jay

19. ANTI-FEDERALISTS Resorted mainly to negative arguments
That Constitution was illegal because the Convention had exceeded its original charge to modify the Articles of Confederations
That national government created by Constitution was too powerful
That it would favor the wealthy and destroy individual liberties
That document did not have Bill of Rights to protect liberties of American people

20. Delaware, New Jersey, and Georgia were first states to ratify
Virginia . New York, and North Carolina finally ratify—but only after Bill of Rights was promised
Followed by Connecticut, Maryland, South Carolina, New Hampshire, Pennsylvania, and Massachusetts
Nine states had now ratified Constitution but without New York and Virginia, everyone knew that new government did not have a chance
Rhode Island did not even hold convention until May 1790