HIST 1301 Part Two
6: The Republican Experiment
The States and the Confederation
1781-1788
During the Revolution, state Governments formed first.
• Each state had a written constitution.
• Each state had a republican form of government with an
elected assembly, a governor, and a system of courts.
• Most states had a bill of rights.
• Each state gave the right to vote to free, white, adult male
property-owners.
The Articles of Confederation
(Adopted 1781)
Formed the first national government
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Congress was the U.S. government
There was no President of the U.S. and no national courts.
One state=one vote
Congress had no power to tax
Congress could not regulate interstate commerce
States contributed money according to their population
4 min. 30 sec.
The Northwest Territory Ordinances, 1784, 1785, 1787
5 States
No Slavery
Land survey system
A revenue source for
Congress (land sold
at auction)
Public Land Survey System
1 section=640 acres
$1 per acre min. bid
Defects in the Articles of Confederation
and Tax revolts like the 1786-1787
“Shays’ Rebellion” in Massachusetts led
many colonial leaders to advocate a
stronger national government.
The Constitutional Convention
May 25-Sept. 17, 1787
A Convention to amend the Articles of
Confederation convened at
Independence Hall, Philadelphia, on
May 25, 1787
George Washington presided over the Constitutional Convention.
There were 55 delegates from 12 states
(Rhode Island did not participate).
At age 81, Franklin was the oldest and most
experienced of the “Founding Fathers.”
Jefferson and Adams were conspicuously absent.
Minister to France
Minister to Great Britain
James Madison’s “Virginia Plan,” the blueprint for
a new government, was introduced on May 29,
1787 by Governor Edmund Randolph of Virginia.
“Father of the Constitution”
The “Virginia Plan” called for 3 branches of
government and a bicameral (2 house) legislature.
The “Virginia Plan” also called for proportional
representation in Congress based on population.
On June 15, William Paterson introduced the “New Jersey Plan.”
• Unicameral legislature chosen by the people.
• Equal representation: one state=one vote.
On July 16, Roger Sherman’s “Great or
Connecticut Compromise” was adopted.
• Bi-cameral legislature
• Proportional representation in the House of Representatives
• Equal representation (2 per state) in the Senate
On July 12, The 3/5 Compromise was adopted.
Article I, Section 2:”
“Representatives…shall be apportioned among the several
states…according to their respective Numbers, which shall be
determined by adding to the whole number of free Persons, including
those bound to service for a Term of Years, and excluding Indians not
taxed, three-fifths of all other persons.”
The words “Slaves” and “Slavery” do not appear in the Constitution.
A Secular Document
The Non-Religious Nature of the Constitution
On June 28, Franklin suggested that the convention start
each day with prayers. The proposal was rejected.
On August 30, the Convention unanimously adopted John Dickinson’s
resolution that no religious test be required for federal office.
Separation of Church and State
• Federal Constitution has no religious references
(does not mention God, Jesus, or Christianity)
• No religious test “of any kind” is required to hold
federal office. (Article VI, third paragraph).
• The words “So help me God” are not a part of the
presidential oath, nor is it required to take the oath
with hand on Bible. (Article II, Section 1, eighth
paragraph).
• First amendment provides for government neutrality
toward religion (neither supporting religion nor
opposing freedom to worship).
States Contrasted with Federal Government
• States were slow to disestablish taxpayer supported churches
• Many states continued to restrict religious liberty to Christians only
until the mid-1800s
• State laws usually required belief in God to be a witness in court or
hold public office
• Even today, most state constitutions have preambles that reference
God
• Even today, people who do not believe in a Supreme Being are not
allowed to hold public office in 7 states. One of those states is Texas.
The Parts of the Constitution
The Preamble of the Constitution states the 6 purposes for which it was written.
2 min. 50 sec.
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To form a more perfect union
To establish justice
To insure domestic tranquility
To provide for the common defense
To promote the general welfare
Secure the blessings of liberty “to ourselves and our posterity”
Article I.
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Qualifications for Representatives
Qualifications for Senators
Things Congress can do
Things Congress cannot do
Things states cannot do
Article II.
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Qualifications for President
How President is elected
Presidential oath of office
Things President can do
Things President must do
Article III.
• Qualifications for Supreme Court
• Establishes federal court system
• Defines treason
Article IV.
• Relationship between states,
citizens, and federal government
Article V.
• How to amend Constitution
Article VI.
• Constitution the Supreme Law of the Land
• No religious test for federal office
Article VII.
• Ratification Process
The Ratification Process
Sept. 17, 1787-June 21, 1788
The Constitution was approved and
signed by the delegates on Sept. 17, 1787.
9 min. 27 sec.
Before the Constitution could take effect, nine states had to ratify it.
People who opposed ratification,
such as Patrick Henry of Virginia,
were called “Anti-Federalists.
“You ought to be extremely
cautious, watchful, jealous of
your liberty; for instead of
securing your rights you may
lose them forever. If this new
Government will not come up to
the expectation of the people,
and they should be disappointed
- their liberty will be lost, and
tyranny must and will arise.”
James Madison, Alexander
Hamilton, and John Jay wrote the
“Federalist Papers” in support of
ratification.
“The proposed
Constitution, so far from
implying an abolition of
the State governments,
makes them constituent
parts of the national
sovereignty, by allowing
them a direct
representation in the
Senate, and leaves in their
possession certain
exclusive and very
important portions of
sovereign power. This fully
corresponds, in every
rational import of the
terms, with the idea of a
federal government.”
By summer 1788 the Constitution was ratified.
The Bill of Rights
After Congress began meeting in 1789, twelve
amendments to the Constitution were proposed.
Ten of those amendments were ratified by Dec. 15, 1791
and became the “Bill of Rights.”
The Constitution has been amended 27 times
(most recently in 1992).