The Confederation and the Constitution

 

I.                    The Pursuit of Equality

a.       Social Changes

                                                               i.      Although many people were unaffected by the conflict, many ideas about social customs, government, and gender roles were changing

1.      Most states reduced (but did not eliminate) property holding requirements for voting

2.      Ordinary men and women demanded to be addressed as “Mr.” and “Mrs.” – titles once reserved for the wealthy

3.      Employers were now called “boss” instead of “master”

4.      By 1800, involuntary servitude was nearly unknown

5.      Trade organizations grew

6.      Medieval inheritance laws, such as primogeniture, were ending

                                                             ii.      Church and State Relations

1.      The Congregational Church continued to be legally established in some New England States

2.      The Anglican Church, having been associated with England, was humbled.  It reformed as the Protestant Episcopal Church

3.      Slowly, religion and government separated in all the States.  One of the slowest was Virginia, which eventually passed the VA Statute for Religious Freedom

                                                            iii.      Slavery

1.      In 1774, the 1st Continental Congress called for the complete abolition of the slave trade.  Most States responded positively and several northern States went further and either abolished slavery outright or provided for the gradual emancipation of blacks

2.      No States south of PA abolished slavery

3.      In both North and South, the law discriminated harshly against freed blacks and slaves alike

4.      Free African Americans could be barred from:

a.       Purchasing property

b.      Holding certain jobs

c.       Educating their children

d.      Interracial marriage

                                                           iv.      Why Did Abolition Not Go Further At This Time?

1.      A fight over slavery would have fractured the fragile national unity that was so desperately needed

2.      The South needed laborers for their agricultural industry

                                                             v.      Women

1.      Women disguised as men fought in the military during the war

2.      Abigail Adams wrote her husband about including women’s rights in the Declaration

3.      However, women remained doing traditional work

                                                           vi.      Civic Virtue

1.      Central to republican ideology was the concept of “civic virtue” – the notion that democracy depended on the unselfish commitment of each citizen to the public good

2.      The selfless devotion of a mother to her family was often cited as the very model of proper republican behavior.  The idea of “republican motherhood” took root, elevating women to a newly prestigious role as the special keepers of the nation’s conscience

3.      Educational opportunities for women expanded, in the expectation that educated wives and mothers could better cultivate the virtues demanded by the Republic in their husbands, daughters, and sons

II.                 Constitution Making in the States

a.       New Constitutions in the States

                                                               i.      In 1776, the 2nd Continental Congress asked all the colonies to draft new constitutions (and become new States)

                                                             ii.      According to the theory of republicanism, sovereignty of these new States would rest on the authority of the people

                                                            iii.      Although the States of Connecticut and Rhode Island merely retouched their colonial charters, most State constitutional conventions worked tirelessly to capture the republican spirit

b.      Massachusetts

                                                               i.      One noteworthy innovation contributed by Massachusetts was their process for ratifying their State constitution.  It was later adopted as the way to amend the Federal Constitution.  It’s procedure was:

1.      Called a special convention to draft its constitution

2.      Submitted the final draft to the people for ratification

c.       Common Features of the State constitutions

                                                               i.      Had many common features – making it easier to draft the Federal Constitution

1.      Defined the powers of government

2.      Drew their authority from the people, not from the king (as the colonial charters did)

3.      Many had a bill of rights

4.      Most had the annual election of legislators, who were thus forced to stay in touch with the mood of the people

5.      All deliberately created weak executive and judicial branches

                                                             ii.      Ordinary laws could not conflict with the constitutions

d.      State Legislatures

                                                               i.      Most presumed that the most democratic branch of government was the legislature, so they were given many powers

                                                             ii.      The democratic character of the new State legislatures was reflected by the presence of many members from the recently enfranchised poorer western districts

                                                            iii.      Many sought to move State capitals westward, and the capitals of NH, NY, VA, NC, SC, and GA all did so

III.               Economic Crosscurrents

a.       Land

                                                               i.      States seized control of former crown lands

                                                             ii.      Many of the large Loyalist holdings were confiscated and eventually cut up into small farms

b.      Manufacturing and Trade

                                                               i.      The prewar nonimportation agreements gave a sharp stimulus to the economy.  Americans were forced to make more of their own goods

                                                             ii.      However, American ships were now barred from British and British West Indies harbors.  Fisheries and ship stores were particularly hurt by this

                                                            iii.      In some respects, the hated British Navigation Laws were more disagreeable after independence than before

                                                           iv.      New foreign commercial outlets partially compensated for the loss of Britain’s.  Yankee shippers ventured as far as China and the Baltic Sea

c.       Debts and Inflation

                                                               i.      State governments had borrowed more during the war than they could ever hope to repay

                                                             ii.      Inflation had been ruinous to many citizens, and Congress had failed in its feeble attempts to curb economic laws

                                                            iii.      The average citizen was probably worse off financially at the end of the war than at the beginning

IV.              A Shaky Start Toward Union

a.       What to Do With Independence?

                                                               i.      The Revolution had dumped the responsibility of creating and operating a new central government squarely into their laps

                                                             ii.      Prospects for erecting a lasting regime were far from bright

b.      Bad Signs

                                                               i.      Patriots had agreed to allegiance to a common cause, but now that was gone

                                                             ii.      British manufacturers with a huge surplus began flooding the American market with cut-rate goods.  American industries that started during the war were especially hurt by this competition

c.       Good Signs

                                                               i.      The 13 States were basically alike in governmental structure and had similar constitutions

                                                             ii.      Americans enjoyed a rich political inheritance –

1.      Britain

2.      Colonial self-governments

                                                            iii.      The Union had great leaders – George Washington, James Madison, John Adams, Thomas Jefferson, Alexander Hamilton, etc.

V.                 Creating a Confederation

a.       2nd Continental Congress

                                                               i.      Was without a constitutional authority

                                                             ii.      13 States were sovereign:

1.      Coined money

2.      Raised armies and navies

3.      Tariffs

b.      Articles of Confederation

                                                               i.      Congress appointed a committee to draft a written constitution for the new nation

                                                             ii.      It was adopted by Congress in 1777 and translated into French so we could prove to them that we were a government in the making

                                                            iii.      The Articles weren’t ratified by all 13 States until 1781, when they took affect

c.       Dispute Over Western Lands

                                                               i.      Six States didn’t have much western land (PA & MD).  Their arguments were:

1.      They argued that the other States would not have retained possession of all their land if all the other States had not fought for it also

2.      The land-rich States could sell their trans-Allegheny tracts and thus pay off pensions and other debts incurred during the war.  States without such holdings would have to tax themselves heavily to defray these obligations

3.      The States that lacked western land claims feared that States with claims could grow in size, skewing representation in the federal government

4.      They wanted the whole western area turned over to the government

                                                             ii.      Seven States had enormous acreage (NY & VA)

d.      Approval of the Articles & Western Lands

                                                               i.      MD held out until March 1, 1781.  It gave in when NY surrendered its western claims and VA seemed about to do so.  At this time, all 13 States ratified the Articles, and they took affect

                                                             ii.      Congress agreed to carve from the new public domain a number of States, which in time would be admitted to the Union on terms of complete equality with all the others

                                                            iii.      People purchased their farms in the west from the federal government, weakening local State influence

VI.              The Articles of Confederation

a.       Structure

                                                               i.      Provided for a loose confederation or “firm league of friendship”

                                                             ii.      Congress was the sole body of government

1.      It was unicameral

2.      Each State had one vote

3.      Made up of delegates chosen yearly by the states in whatever way their legislatures might choose

                                                            iii.      Each year Congress would chose one of its members as its presiding officer (chairperson), but not the president of the United States

                                                           iv.      No executive or judicial branch

b.      Powers

                                                               i.      Could make war or peace

                                                             ii.      Send and receive ambassadors

                                                            iii.      Make treaties

                                                           iv.      Borrow money

                                                             v.      Set up a money system

                                                           vi.      Establish post offices

                                                          vii.      Build a navy

                                                        viii.      Raise an army by asking the states for troops

                                                           ix.      Settle disputes among the states

                                                             x.      Fix uniform standards of weights and measures

c.       State Obligations

                                                               i.      Allow open trade and travel among the states

                                                             ii.      Treat citizens of other states equally

                                                            iii.      Provide funds and troops requested by Congress

                                                           iv.      Surrender fugitives to one another

                                                             v.      Give full faith and credit to the public acts, records, and judicial proceedings of every other state

                                                           vi.      Submit their disputes to Congress for settlement

d.      Weaknesses

                                                               i.      Congress didn’t have the power to tax.  They had to borrow money from the states.  While the Articles were in force, not one state came close to meeting the financial requests made by the Congress

                                                             ii.      Congress powerless to regulate foreign and interstate commerce

                                                            iii.      No court system

                                                           iv.      9/13 majority required to pass laws

                                                             v.      Amendments can only be added with consent of all states

                                                           vi.      No executive to enforce acts of Congress

                                                          vii.      Each state had one vote in Congress, regardless of its population or wealth

e.       Effect of the Articles

                                                               i.      Troubled times demanded not a loosely woven confederation, but a tightly knit federation.  This involved the yielding by the States of their sovereignty to a completely recast federal government

                                                             ii.      Without the Articles, this leap may never have happened.  The Articles:

1.      Clearly outlined the powers to be exercised by the central government

2.      Kept alive the ideal of union and held the States together – until such time as they were ripe for the establishment of a strong constitution by peaceful, evolutionary methods

VII.            Landmarks in Land Laws

a.       Land Ordinance of 1785

                                                               i.      Provided that the acreage of the Old Northwest should be sold and that the proceeds should be used to help pay off the national debt.  Here’s the plan for the area:

1.      The area was to be surveyed before sale and settlement to avoid confusion and lawsuits

2.      It was to be divided into townships six miles square, each of which in turn was to be split into 36 sections of one square mile each

3.      The 16th section of each township was set aside for public schools

                                                             ii.      As a result, settlement of the Northwest territory was orderly, while settlements south of the Ohio River were chaotic

b.      Northwest Ordinance of 1787

                                                               i.      Related to the governing of the Old Northwest

                                                             ii.      Dealt with the question of how a nation should deal with its colonies --- sound familiar?

                                                            iii.      The solution was:

1.      Temporary tutelage

2.      Permanent equality

                                                           iv.      When a territory could boast 60,000 inhabitants, it might be admitted by Congress as a state, with equal privileges (exactly what the 2nd Continental Congress promised in 1781 when the land-holding States surrendered their land to the central government)

                                                             v.      Created five States – Michigan, Wisconsin, Illinois, Indiana, and Ohio

                                                           vi.      It also forbade slavery, though it exempted slaves already present

c.       Good Job Congress Under the Articles!

                                                               i.      If Congress had attempted to keep the territories in permanent subordination (like England did to the colonies), it could have resulted in a war of the West against the East

                                                             ii.      The scheme worked so well that its basic principles were ultimately carried over from the Old Northwest to other frontier areas.  Set a precedent of how States could join the Union

VIII.         The World’s Ugly Duckling

a.       Problems With Britain

                                                               i.      Britain resented the stab in the back from its colonies

                                                             ii.      They didn’t send a minister to America for 8 years

                                                            iii.      Declined to make a commercial treaty or repeal its Navigation Laws

                                                           iv.      The British closed their profitable West Indies trade to the United States, though smuggling went on anyhow

b.      Britain’s Influence in the North

                                                               i.      British sought to annex Vermont

                                                             ii.      All along the northern border, the British continued to hold a chain of trading posts on U.S. soil, where they maintained their fur trade with the Indians.  There were two reasons for this:

1.      Britain was bitter at the failure of the American States to honor the treaty of peace in regard to debts and Loyalists

2.      Britain wanted an alliance with the Indians, who would help them in the future if America attacks Canada

c.       U.S. Response to the British Influence in the North

                                                               i.      Patriotic Americans, who were deeply angered by the British, wanted the U.S. to force the British into line by imposing restrictions on their imports to America

                                                             ii.      However, Congress couldn’t control commerce and the State refused to adopt a uniform tariff policy.  Some States even lowered their tariffs in order to attract an unfair share of trade

d.      Spain

                                                               i.      Was openly unfriendly to the U.S.  It had two important areas:

                                                             ii.      Mississippi River

1.      It controlled the mouth of the all-important Mississippi River, down which the pioneers of Tennessee and Kentucky were forced to float their goods.  In 1784, Spain closed the river to American commerce, threatening the survival of the West

                                                            iii.      FL and area north of the Gulf of Mexico

1.      Spain also claimed a large area north of the Gulf of Mexico, including Florida (granted to the U.S. by the British in 1783)

2.      Spain, like Britain, tried to appease the Indians, who were resentful of being pushed out of North Carolina and Georgia

e.       France

                                                               i.      Demanded the repayment of money loaned during the war

                                                             ii.      Restricted trade with the West Indies and other ports

f.        North African states

                                                               i.      Pirates of the North African states were ravaging America’s Mediterranean commerce and enslaving Yankee sailors

                                                             ii.      The British purchased protection for their own subjects, and as colonists the Americans had enjoyed this shield.  Now, as an independent nation, the United States was too weak to fight and too poor to bribe

g.       John Jay

                                                               i.      Member of First and Second Continental Congress

                                                             ii.      Negotiated Treaty of Paris

                                                            iii.      First Chief Justice of the Supreme Court

                                                           iv.      Wrote portions of The Federalist Papers

                                                             v.      Currently the secretary of foreign affairs – he hoped that the actions of all these foreign countries would humiliate the American people into framing a new government that would be strong enough to command respect abroad

IX.              The Horrid Specter of Anarchy

a.       Anarchy Begins

                                                               i.      States refused to pay money to Congress

                                                             ii.      Quarrels over boundaries generated minor battles

                                                            iii.      Some States were levying duties on goods from their neighbors.  For example, New York taxed firewood from Connecticut and cabbages from New Jersey

                                                           iv.      States were again printing their own money

b.      Shays’ Rebellion (1786-87)

                                                               i.      In 1786, impoverished backcountry farmers in Massachusetts were losing their farms through mortgage foreclosures and tax delinquencies.  Many of these people had fought in the Revolutionary War

                                                             ii.      Led by Captain Daniel Shays, these desperate debtors took up their muskets and demanded that the State:

1.      Issue paper money

2.      Lighten taxes

3.      Suspend property takeovers

                                                            iii.      They forced the Massachusetts Supreme Court to close and attacked a federal arsenal

                                                           iv.      Wealthy citizens of the State raised an army and suppressed the rebels

                                                             v.      Those arrested were eventually pardoned

c.       Results of Shays’ Rebellion

                                                               i.      Massachusetts did ease the burden of debtors

                                                             ii.      It also led to panic and the following feelings:

1.      That “civil virtue” was no longer sufficient to rein in self-interest and greed

2.      The Revolution had made people want too much liberty

3.      Friends and critics of the Confederation agreed that it needed some strengthening.  A stronger central government would provide the needed foundation

d.      New Constitution or Not?

                                                               i.      By 1789, however, things were getting better

1.      Nearly half the States hadn’t issued paper money

2.      Overseas shipping was getting back to normal

                                                             ii.      This caused the move for a new constitution to encounter more heated opposition than it would have in 1786-87

X.                 A Convention of “Demigods”

a.       Annapolis Convention

                                                               i.      More than any other problem, this one set off the chain reaction that led to a constitutional convention

                                                             ii.      In 1786, VA issued a call for a convention at Annapolis, MD – only 5 States were represented

                                                            iii.      Alexander Hamilton drew up a report that summoned a convention to meet in Philadelphia the next year.  Its purpose was to revise the Articles of Confederation

b.      Delegates to the Philadelphia Convention

                                                               i.      Every State chose representatives except for independent-minded Rhode Island

                                                             ii.      These leaders were all appointed by the State legislatures, whose members had been elected by voters who could qualify as property holders.  This inevitably brought together a select group of propertied men, although their didn’t shape the Constitution primarily to protect their personal financial interest

c.       Constitutional Convention

                                                               i.      A quorum of the 55 delegates from 12 States arrived at Philadelphia on May 25, 1787 in the statehouse

                                                             ii.      Sessions were held in complete secrecy.  They didn’t want their disputes to be public and didn’t want to hear their critics

                                                            iii.      Jefferson called the participants “demigods”

                                                           iv.      The features of the members were:

1.      Governments of Greece and Rome

2.      Government of Great Britain

3.      Political writings of people like Locke and others

4.      Articles of Confederation

5.      State governments

6.      Many had attended the Second Continental Congress

7.      Many had experience in politics

8.      Many were college educated

9.      Many had fought in the Revolutionary War

10.  Many were lawyers

11.  19/55 owned slaves

12.  No one from the poor groups

d.      Feature On Some of the Delegates

                                                               i.      George Washington – Unanimously elected chairman.  His enormous prestige as the main leader of the Revolution served to quiet overheated tempers

                                                             ii.      Benjamin Franklin – At 81, was the oldest delegate.  He was very talkative and had to have chaperones accompany him to dinner parties to make sure he held his tongue

                                                            iii.      James Madison – A student of government, made contributions so notable that he has been dubbed “the Father of the Constitution”

                                                           iv.      Alexander Hamilton – Was present as an advocate of a superpowerful central government

e.       Distinguished People Not There

                                                               i.      Thomas Jefferson – Ambassador to France

                                                             ii.      John Adams – Ambassador to Great Britain

                                                            iii.      Samuel Adams and John Hancock – Not elected by MA

                                                           iv.      Patrick Henry – Was a champion of States’ rights and declined to attend.  He said that he “smelled a rat”

XI.              Patriots in Philadelphia

a.       Hopes of the Delegates

                                                               i.      These people were mostly interested in preserving and strengthening the young Republic

                                                             ii.      They hoped to create a stable, enduring political structure

                                                            iii.      Preserve the union and forestall anarchy (Daniel Shays)

                                                           iv.      They strongly desired a firm, dignified, and respected government (North African states)

                                                             v.      They aimed to give the central government genuine power, especially in controlling tariffs, so that the United States could make satisfactory commercial treaties with foreign nations (British)

                                                           vi.      Ensure security of life and property

                                                          vii.      Sought to curve the unrestrained democracy rampant in the various States

XII.            Hammering Out a Bundle of Compromises

a.       Scrapping the Articles of Confederation

                                                               i.      Early on, the delegates decided to completely scrap the old Articles, despite instructions from Congress to revise them

b.      Virginia Plan

                                                               i.      James Madison, one of the co-creators of the Articles of Confederation, submitted the VA Plan.  It favored the large States and called for:

1.      Legislature – Congress (bicameral).  Representation in each house was to be based either upon each state’s population or upon the amount of money it gave for the support of the central government

2.      Executive – Single head to be chosen by Congress

3.      Judicial – Would have one or more supreme and lower courts

c.       New Jersey Plan

                                                               i.      Proposed by William Patterson, a politician from New Jersey, later a senator, and Supreme Court justice

                                                             ii.      It favored the small States and called for:

1.      Legislature – Congress (unicameral).  Each state equally represented in Congress

2.      Executive – To have more than one person, chosen by Congress

3.      Judicial – A single supreme court

d.      Great Compromise

                                                               i.      This compromise decided on:

1.      Bicameral legislature –

a.       Senate – equal representation

b.      House of Representatives – representation based on population (every tax bill or revenue bill must originate in the House)

e.       Method of Electing the President

                                                               i.      Larger States would have the advantage, as a State’s share of electors was based on the total of its senators and representatives in Congress

                                                             ii.      The small States would gain a larger voice if no candidate got a majority of electoral votes, thus sending the election to the House of Representatives, where each State had only one vote

                                                            iii.      The Framers expected election by the House to occur frequently, but it has just happened twice, in 1800 and 1824

f.        3/5 Compromise

                                                               i.      Once it was decided to base the seats in the House on each state’s population, this question arose:  Should slaves be counted in the populations of the southern states?

                                                             ii.      Slave population:

1.      VA – 1st (292,627 – 42.29%)

2.      SC - 2nd (107,094 – 43.01)

3.      MD – 3rd (103,036 – 32%)

                                                            iii.      South and North disagreed until it was decided that “free persons” should be counted, and so, too, should “3/5 of all other persons.”  3/5 would also be counted in the amount of taxes levied upon the state by Congress.  (13th amendment – forbid slavery – no more “all other persons”)

g.       Commerce and Slave Trade Compromise

                                                               i.      The convention agreed that Congress had to have the power to regulate foreign and interstate trade

                                                             ii.      Southerners feared that Congress was likely to be controlled by northern commercial interests and would act against the South.  They thought Congress might create export duties on tobacco, the main American export at the time.  They also feared that Congress would interfere with the slave trade, which was needed in the South for tobacco and rice

                                                            iii.      So, the Commerce and Slave Trade Compromise was created:

1.      Congress was forbidden the power to tax the export of goods from any state

2.      It was also forbidden the power to act on the slave trade for a period of at least 20 years (until 1807)

                                                           iv.      As soon as the interval had elapsed, the slave trade was ended

                                                             v.      All new State constitutions except Georgia’s forbade overseas slave trade

XIII.         Safeguards for Conservation

a.       Dispelling Myths

                                                               i.      Heated clashes among the delegates have been overplayed

                                                             ii.      The area of agreement was actually large

1.      Economically – members saw eye to eye

2.      Politically – they favored:

a.       A stronger government

b.      Three branches

c.       Checks and balances

3.      Suffrage – most believed that common people shouldn’t vote

b.      Safeguards Against the Excesses of the “Mob”

                                                               i.      Federal judges – Appointed for life by the President

                                                             ii.      President – Elected by the Electoral College

                                                            iii.      Senators – Chosen by the State legislatures

                                                           iv.      House of Representatives – Qualified (adult, white, male property owners) citizens could vote directly

c.       Constitution and Democracy

                                                               i.      The powers of government should be limited

                                                             ii.      The people, not the authority of the government, was to be the ultimate guarantor of liberty, justice, and order

                                                            iii.      Preamble begins with “We the people” – reaffirming these republican principles

d.      Constitution Is Accepted By the Delegates

                                                               i.      James Madison wrote most of the Constitution

                                                             ii.      It contained a preamble and seven articles

                                                            iii.      By September 17, 1787, 42/55 remained to sign the Constitution.  However, 3 of those didn’t sign it

                                                           iv.      Madison tells us that “…Doctor Franklin, looking toward the President’s chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun.  I have, said he, often and often in the course of the Session…looked at that behind the President without being able to tell whether it was rising or setting.  But now, at length I have the happiness to know that it is a rising and not a setting sun.”

XIV.         The Clash of Federalists and Antifederalists

a.       The Procedure of Ratifying the Constitution

                                                               i.      Worried that Rhode Island wouldn’t ratify the Constitution, they required that only 9/13 States had to ratify it for it to take effect

                                                             ii.      Each State had a convention in which delegates were elected to by the people who owned property.  The delegates were voted on based on their pledge for or against the Constitution

                                                            iii.      The Constitution was debated and voted on at the conventions

b.      Anti-Federalists

                                                               i.      Led by Patrick Henry, Richard Henry Lee, John Hancock, Samuel Adams, and Thomas Jefferson

                                                             ii.      Their followers consisted primarily of (the poorest classes who feared that a potent central government would force them to pay off their debts):

1.      States’ rights devotees

2.      Backcountry dwellers

3.      Small farmers

4.      Debtors

                                                            iii.      They criticized the Constitution for:

1.      Thought the central government has too many powers

2.      Felt like the Constitution was a plot by the upper class to steal power from the common folk and was antidemocratic (it was being drawn up by the aristocratic people)

3.      Lacked of a Bill of Rights – didn’t have basic liberties – speech, press, religion, fair trial, etc.

4.      No mention of God

5.      The States were denied the power to print money

6.      Unanimous consent was not needed to ratify an amendment

7.      The dropping of annual elections for congressional representatives

8.      The creation of a standing army

9.      10 square miles (later DC) being used for a “federal stronghold”

c.       Federalists

                                                               i.      Led by George Washington, Benjamin Franklin, James Madison, and Alexander Hamilton

                                                             ii.      Were wealthier than the antifederalists, more educated, better organized, and had more influence

                                                            iii.      Controlled the press – more than 100 newspapers were published in America in the 1780s, but only a dozen supported the anti-federalists cause

                                                           iv.      Emphasized the weaknesses of the Articles and that they could only be overcome by a new government

XV.           The Great Debate in the States

a.       Ratifying the Constitution

                                                               i.      Believing that they had come off much better than they expected, small States were quick to ratify

                                                             ii.      Pennsylvania – To complete a quorum, the people in the convention forced two anti-federalist members to sit.  This allowed them to take a vote and become the 2nd State to ratify

                                                            iii.      Massachusetts – Although MA had an anti-federalist majority in their convention at first, the federalist guarantee that a bill of rights would be added led them to ratify the Constitution by a narrow margin

                                                           iv.      New Hampshire – Became the 9th State to ratify, causing the Constitution to take effect

                                                             v.      The other States would be independent or function under the Articles

XVI.         The Four Laggard States

a.       States began to realize that they could not prosper apart from the union

b.      Ratification in Virginia

                                                               i.      In VA, the Federalists, led by Washington and Madison, got a key person to support the Constitution – Jefferson.  His support swayed the borderline opinion in the state to favor the Federalists

c.       Ratification in New York

                                                               i.      85 essays were written by Hamilton, Madison, and John Jay supporting the Constitution.  They were sent to the people in various newspapers of the State.  Later, they were collectively published and called The Federalist.  These essays helped sway opinion in favor of the Constitution in NY

d.      Ratification in North Carolina

                                                               i.      Their convention adjourned without taking a vote

e.       Ratification in Rhode Island

                                                               i.      They didn’t even summon a convention.  They held a referendum, which rejected the Constitution

f.        Conclusions of Ratification

                                                               i.      Despite much apathy, ratification was close in some States

                                                             ii.      Riots broke out in NY and PA

                                                            iii.      There was much pressure on delegates who had promised their constituents to vote against the Constitution

                                                           iv.      The last four States ratified, not because they wanted to, but because they had to.  They could not safely exist outside the fold

XVII.      A Conservative Triumph

a.       Minority Wins Twice

                                                               i.      Radical minority engineered the Revolution and cast off the British

                                                             ii.      Conservative minority engineered the peaceful revolution that overthrew the inadequate Articles of Confederation

b.      Majority Rule?

                                                               i.      A majority had not spoken

                                                             ii.      ¼ of the adult white male property owners voted for delegates to the ratifying conventions

                                                            iii.      Some historians estimate that if universal suffrage would have been allowed in NY, the Constitution would have encountered much more opposition and possibly defeat

c.       Redefined Popular Sovereignty

                                                               i.