The articles of confederation What are the articles of confederation? - The first constitution of the US - Written 1777 and ratified in 1781 - War took priority over articles without formal agreement during the war - Final version written after declaration - Perpetual union of states and states became sovereign from each other - Wait until end of the war because guaranteed independence was needed for a new government - precedents ○ City and county government (Greek city states) ○ New England confederation military between Massachusetts, Connecticut, New Haven and Plymouth § Sent troops based on population and Massachusetts had to send more soldiers due to higher population § 45 soldiers for Connecticut 100 soldiers for Massachusetts § Connecticut was forced to defend the Boston Harbor after not helping Connecticut so it fell apart - Federal government had little power and states could decide not to send money or troops to the federal government - Congresses role was limited and was a last resort ○ Make treaties, raise army, coin money ○ Could not regulate taxes or create commerce ○ Republic cannot serve a country this large Who wrote the articles of confederation? - Six versions, 3 main authors - John Dickinson (principal author), Silas Deane, Benjamin Franklin Ratification march 1st 1781, Yorktown was 6 months later Why did the articles of confederation fail? Weaknesses: - Taxation (higher due to slaves) ○ Failed in 1781 and 1786, congress could not levy taxes and states have privately held land ○ Without federal taxes no one will voluntarily fund the government - Currency ○ State currency ○ Uneven values of state currency ○ Hindered interstate commerce ○ Trade with foreign nations was supposed to be through congress but states started negotiating - One state/one vote ○ Wars and treaties required 9/13 colonies votes ○ All other problems required a majority ○ Unanimous vote for new constitution § Rhode island did not send a delegate to stop the rewrite the articles of confederation - Single branch ○ Congresses role was to serve as all 3 branches § Created national legislation § Enforced national legislation § Interpreter of the national legislation § Prohibited states from restricting commerce § Respect judicial proceedings of states § No means to enforce provisions "enlightened statesmen will not always be at the helm." - James Madison Federalist paper #10 - Checks and balances in the federal government because with democracy individuals may be elected who are not qualified Origins of the Constitution Big picture questions: - What are the origins of the constitution? - Why did the articles of confederation fail? - What role did taming of the democracy play in the origin of the constitution? - What was the role of foreign financiers in the creation of our constitution? - What role did dissent play in the formulation of the constitution? - What was the global impact of the United States Constitution? Origins - What are the origins of the constitution? - Articles of confederation - Taming of democracy ○ Electoral college - Foreign founders ○ Written in a way to appease foreign countries - Why did the articles of confederation fail? - Weaknesses ○ Taxation ○ Currency - Could not pay back debts from the American revolution - No ability to enforce states sending money to the federal government - Cannot raise an army without money - States coined their own currency messing up exchange rate - States preferred state currency over federal currency ○ One state/one vote - States are different sizes/population - Representatives from one state all have to agree - 9 votes needed ○ Single branch - The executive branch was too powerful - Making, interpret and enforcing the laws is a conflict of interest - No checks and balances ○ Did not regulate trade agreements between state vs federal government What role did taming of the democracy play in the origin of the constitution? - Stamp act riots (1765) ○ Destruction of property - Regulator movement (1766-71) ○ Justice taken into the peoples hands ○ Not justified acts ○ North Carolina/South Carolina government is in the east and western parts become a free for all ○ Planters in the east don’t trust the western pioneers - Didn’t want to let them vote, give them courts, laws ○ Vigilantes (regulators) rough justice ○ 1769: established courts in South Carolina ○ 1769: protested corruption in local governments in NC ○ Local taxes being embezzled ○ Battle at almanast creek - Exter rebellion/paper money riot (1786) ○ Armed uprising in New Hampshire ○ After revolution before new constitution ○ Lack of paper currency ○ Debts difficult to pay for poor farmers ○ Regulators called for printing of paper money - Paper money notes on credit to help economy - Protested violently - Marched on Exter new Hampshire general court but dispersed - Assemble militia in the capital to ambush rebel camp □ Leaders captured but later pardoned - Shay's rebellion (1786-87) ○ Response to debt crisis and opposition to state governments collecting individual and trade taxes ○ 4,000 rebels (shayites) protested against economic and civil rights against MA government ○ Shays role was aggregated by mass elite to shift blame for bad economic conditions ○ Protectors marched on Springfield armory and the federal government didn’t have enough funds to raise an army against the rebels ○ William shepherd state militia ○ Local militia ○ Benjamin Lincoln What was the role of foreign financiers in the creation of our constitution? Foreign influences - Heavily in debt for assistance in American Revolution - Appease the monarchs and be less radical in the new government to help with debts and create economic security though trade Economic stimulus How do we define dissent? Dissent: the expression or holding of opinions at variance with those previously, commonly, or officially held - Disagreement - Minority opinion - Constitutional right Is dissent constitutionally protected? - First amendment? - Patriot act limited ability to criticize the government - Built upon dissent against English rule Role of dissent PROTESTING - Walk-outs ○ Walking out of the convention during disagreement ○ Losing power to actually compromise/vote or if enough people walk out it could make a change ○ 2/3 senate of the senate to pass, if enough walk out you cannot get to the number to pass ○ Not a good method during the convention and confederalists lost their voice - Compromise ○ Connecticut compromise ○ Virginia and new jersey plan merged § Two house □ One with equal representation and one by proportional representation § Point out flaws and make compromises stronger ○ Slavery § 3/5ths compromise - Ratification debates ○ States refused to ratify constitution (Maryland, New York, North Carolina) § It doesn't have a bill of rights § Dissent gave bill of rights - Bill of rights ○ Why is it is important? ○ Hamilton did not believe we needed a bill of rights § He thought the bill of rights already existed in state constitutions § If they are specificized in state why should they not be specified federally § In the absence of a bill of rights, rights are limited to what is specified in the constitution - Effects of dissent ○ Nationalist government: confederalists walked out and lost their voice ○ Whiskey rebellion (1791-1794) § Incited by Hamilton to prove power of the new federal constitution and validity of the strong federal government § Puts a tax on whiskey and farmers harvesting grain are impeded by the tax § Farmers revolt and the army is sent to squash the revolt to show power □ Shays rebellion was the capstone of the articles failing because they could not raise an army § Led by Washington, president should not lead the army as he needs to be kept alive ○ Two party system § Names have changed but always had two parties § Washington warned against 2 party system □ Thought it wasn't conducive to progress and democracy ® Not a realistic expectation ○ Civil war § Dissent was the reason we compromised on so many issues getting it ratified § Doesn't mean differences have been resolved ○ January 6, 2021 § Protesting election results - Global impact of the constitution ○ French revolution was a result on constitution ○ French constitution national assembly ○ Dissented into civil crises ○ Reign of terror ○ John dalport: French failed to establish restrictions on government power § Duty of supreme could to annul laws § Expansion of power § Could not make their constitution supreme law of the land ○ 18th century - failure to emulate ○ 19th century - too democratic § French revolution ended with mob rule § Rejected constitution as they go in authoritarian government (Haiti) § Us model would give Minoritarianism: foster rule by not white § Malysia adopted separation of powers, branches, supremacy of the constitution □ Referred to in Malysia's court § Other countries gave up and blamed failures on the us parliamentarian model ○ 20th century - too undemocratic § Model seen as too democratic and too illogical § Took democracy too far ○ Diminishing influence § No modern governments are structured like the US § Viewed as undemocratic and gave wealthy/powerful people too much power § Unrestrained executive is looked down upon in other countries § Model of undemocratic state creation § Promoted unequal economic growth generating instability ○ Truths of the constitution § limited government. § republicanism. § checks and balances. § federalism. § separation of powers. § popular sovereignty. ○ Ruth Bader Ginsberg § I would not look to the constitution if I was drafting it in 2012, look to South Africa or a more recent/refined constitution § In the eyes of other nations is a museum piece □ "Irrelevant" □ Average length is 19 years for a constitution and ours has lasted 240 years □ Amendments § Developing democracies look outside the US but would not exist without the American example that heavily influences them § Created and limited government power is originally American § Looking indirectly at our Constitution