QUESTION

 Week 2   

Unanimous? 300 Words

Did everyone at the Constitutional Convention vote in favor of the Constitution? If not, who voted against it (or abstained from voting) and what were the reasons given for their opposition? Did their refusal to vote for the Constitution result in some way in any subsequent changes in the Constitution?

Provocative Ideas 300 Words

Constitutions are “chock full” of ideas on how to govern. The documents you have read last week and this week provide many ideas which never made it into our current Constitution. Identify from the materials for this week one idea you find interesting, and analyze how its inclusion in the Constitution would have changed America.

Demise of the Confederation 300 Words

You will see from the written lecture notes this week what I perceive to be the achievements and weaknesses of the Articles of Confederation. I am interested in whether you see additional achievements or additional weaknesses. Please also address one or more of the following: What structural defect(s) caused the Confederation to fail? Was the lack of a national judiciary, for instance, a fatal flaw? Was a one-year term limit for the congressional executive a fatal flaw? If not, what were the flaws and why were they flaws? Finally, were the Articles of Confederation a necessary precursor to the Constitution?

Biblical Grounds for Revolution? 300 Words

In typical British subject fashion, the delegates to the Second Continental Congress in the Declaration of Independence provided a whole litany of complaints regarding abuses by the King and Parliament. Being ever mindful of Paul’s admonition in Romans 13:1 to “be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God,” was the American Revolution justified from a biblical point of view? At least one person argue on behalf of the colonists and one on behalf of the Crown/Parliament.

See attached sources

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ROAD TO INDEPENDENCE & CONFEDERALISM

1. EARLY ALLIANCES BETWEEN THE COLONIES
2. United Colonies of New England (1643-84)

(Massachusetts, Plymouth, Connecticut, and New Haven) There were several weaknesses in these

articles. They were, of course, limited to the New England states, and Massachusetts, while

contributing most in men and money, was given only the same amount of representation that was

given to the other confederates.

The preamble to the Articles (rewritten in modern English) gives the purpose of the league and then

follow the several articles.

“WHEREAS we all came into these parts of America with one and the same end and aim, namely, to

advance, the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the Gospel in purity with

peace. And whereas in our settling (by a wise Providence of God) we are further dispersed upon the

Sea Coasts and Rivers then was first Intended, so that we cannot according to our desire, with

convenience, communicate in one Government and Jurisdiction. And whereas we live encompassed

with people of several Nations and strange languages which hereafter may prove injurious to us or

our posterity. And forasmuch as the Natives have formerly committed sundry insolences and

outrages upon several Plantations of the English and have of late combined themselves against us.

And seeing by reason of those sad Distractions in England [the English Civil War!], which they [the

Indians] have heard of, and by which they know we are hindered from that humble way of seeking

advice or reaping those comfortable fruits of protection which at other times we might well expect . .

. .

1. The said United Colonies, for themselves and their posterities, do jointly and severally, hereby

enter into a firm and perpetual league of friendship and amity, for offense and defense, mutual

advice and succor, upon all just occasions, both for preserving and propagating the truth and liberties

of the Gospel, and for their own mutual safety and welfare.

1. It is by these Confederates agreed that the charge of all just wars, . . . shall both in men and

provisions, and all other Disbursements, be borne by all the parts of this Confederation, in different

proportions according to their different ability . . . [contributing men in proportion to male

population of the Colony] . . .

1. It is further agreed That if any of these Jurisdictions . . . be invaded by any enemy whomsoever,

upon notice and request of any three majestrates of that Jurisdiction so invaded, the rest of the

Confederates without any further meeting . . . shall forthwith send aid to the Confederate in danger,

but in different proportions, namely, the Massachusetts a hundred men sufficiently armed and

provided for such a service and journey, and each of the rest forty-five so armed and provided, . . .

1. It is also agreed that for the managing and concluding of all affairs . . . concerning the whole

confederation two Commissioners shall be chosen by and out of each of these four jurisdictions,

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namely, two for the Massachusetts, two for Plymouth, two for Connecticut and two for New Haven;

being all in Church fellowship with us, . . .

1. Penn’s Plan of Union (1697)

The plan provided for two delegates from ten provinces to meet at New York, once a year, the

governor of that state, appointed by the King, acting as chairman. The business of the delegates was

stated by the sixth article to be as follows:

“To hear and adjust all matters of Complaint or difference between Province and Province. As, 1st,

where persons quit their own Province and go to another, that they may avoid their just debts, tho

they be able to pay them; 2nd, where offenders fly Justice, or Justice cannot well be had upon such

offenders in the Provinces that entertain them; 3dly, to prevent or cure injuries in point of

Commerce; 4th, to consider of ways and means to support the union and safety of these Provinces

against the public enemies. In which Congress the Quotas of men and charges will be much easier,

and more equally set, than it is possible for any establishment made here to do; for the Provinces

knowing their own condition and one another’s, can debate that matter with more freedom and

satisfaction and better adjust and balance their affairs in all respects for their Common safety.”

1. The Albany Plan of Union (1754)

Because of the growing threat that led to the French & Indian War, an inter-colonial convention was

held in 1754. At this meeting, the delegates considered a plan of union primarily authored by

Benjamin Franklin. This Plan of Union, which the Crown ultimately rejected, provided for: 1. An

executive “president general” appointed and paid by the King, and who had a right of absolute veto

(could not be overridden); 2. A legislature (“grand council”), which would meet once a year, and

would be comprised of 1 to 7 delegates per colony apportioned according to its share of taxes; 3. The

grand council had the power (subject to the royal veto) over Indian affairs (with the aid of the

president general), including trade; to establish and make laws for new settlements on purchased

Indian lands; to build forts, maintain ships and soldiers, and vote taxes for defense; and reimburse

expenses of the colonies who decided to defend themselves individually.

1. HISTORY LEADING UP TO THE DECLARATION OF INDEPENDENCE
2. A. A Debt to Pay

After the French & Indian War (1756–1763), England was deep in debt. To help pay some of the

costs of the newly expanded empire and to recoup its cost of defending the American colonists,

Parliament levied new taxes on the colonies. The question is whether these taxes were constitutional.

According to the British Constitution, British subjects could not be taxed without the consent of their

representatives in Parliament (Magna Charta par. 12 (Cogan at 659), Petition of Right (Cogan 666-7)

and English Bill of Rights (Cogan 688-9). Remember that under the Virginia Charter and other

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documents, immigrants from Britain to America were granted continued British citizenship.

Because the colonies elected no members of Parliament, many colonists viewed Parliament’s attempt

to tax them as a violation of the constitutional doctrine of taxation only by consent. This issue

became a major point of contention following Parliament’s passage of the Stamp Act in 1765, which

taxed all papers containing official seals (e.g., deeds and court documents) as well as newspapers.

This Act was very, very unpopular in the colonies, so Parliament repealed it the following year

except for the tax on tea. At the same time, however, Parliament passed the Declaratory Act, which

proclaimed the power of Parliament to legislate for the colonies “in all cases whatsoever.”

Parliament still needed money, of course, and so the next revenue measure was the Townshend Act,

the stated purpose of which was to raise money to help pay the cost of maintaining an army in North

America. This purpose changed, however, and instead Parliament decided to use the revenue to pay

the salaries of some colonial governors and judges, officials previously paid by the colonial

governments. This change, of course, was intended to secure the loyalty of the governors and

judges. The Townshend Act, similar to the Stamp Act, resulted in boycotts of the taxed items by the

colonists.

1. A Tea Party

As the English and their American cousins developed a taste for tea, Parliament and the Crown

decided to take care of themselves and their friends by creating a monopoly (the East India

Company) to transport the tea from the Far East, and then taxing it at the rate of 25%. To ensure

revenues from the colonies, Parliament required all tea purchased by the colonists to come from

England. This, of course, resulted in profits for the “middlemen,” who bought tea from the East

India Company in England, and then transported the tea to the colonial ports like New York, Boston,

Philadelphia, and Charleston.

The tax and profits for middlemen resulted in a rather expensive product for the colonists, and of

course there appeared alternative sources, like the Dutch, who did not tax the tea and shipped it

directly from the Far East to the British colonies.

To help the East India Company in competition with the Dutch and others, Britain eliminated the tax

on tea imported into England, and also allowed the company to ship directly to the colonies rather

than going through Britain. This eliminated the middlemen costs for both the Company and the

colonists. Parliament also repealed the Townshend Act. Parliament kept, however the tax on tea

imported into the colonies. So, although the English collected no tax on the tea imported into

England, it did tax the tea at the Custom Houses when it arrived in the colonies.

Needless to say, the tax collectors in the Custom Houses were wildly unpopular, and several

resigned because of public pressure resulting from the tea tax. In Boston, the Royal Governor of

Massachusetts appointed his two sons as the tax collectors, and they did not resign. The tea ships

came to Boston harbor and crowds would not let them unload the tea. This stalemate lasted weeks.

One night, after a rousing meeting at Faneuil Hall, between 30-100 thinly disguised men boarded the

tea ships and threw the ships’ contents overboard into Boston Harbor.

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In Britain, even those politicians considered friends of the colonies were appalled and this act united

all parties in Parliament against the colonies. The British government responded by closing the port

of Boston and put in place other laws known as the “Coercive Acts”.

1. The Coercive Acts
2. “The Boston Port Act, the first of the acts passed in response to the Boston Tea Party, closed the

port of Boston until the East India Company had been repaid for the destroyed tea and until the king

was satisfied that order had been restored. Colonists objected that the Port Act punished all of

Boston rather than just the individuals who had destroyed the tea, and that they were being punished

without having been given an opportunity to testify in their own defense.

2. “The Massachusetts Government Act created even more outrage than the Port Act because it

unilaterally altered the government of Massachusetts to bring it under control of the British

government. Under the terms of the Government Act, almost all positions in the colonial government

were to be appointed by the governor or the king. The act also severely limited the activities of town

meetings in Massachusetts. Colonists outside Massachusetts feared that their governments could

now also be changed by the legislative fiat of Parliament.

3. “The Administration of Justice Act allowed the governor to move trials of accused royal

officials to another colony or even to Great Britain if he believed the official could not get a fair trial

in Massachusetts. Although the act stipulated that witnesses would be paid for their travel expenses,

in practice few colonists could afford to leave their work and cross the ocean to testify in a trial.

George Washington called this the “Murder Act” because he believed that it allowed British officials

to harass Americans and then escape justice. Some colonists believed the act was unnecessary

because British soldiers had been given a fair trial following the Boston Massacre in 1770.

4. “The Quartering Act applied to all of the colonies, and sought to create a more effective method

of housing British troops in America. In a previous act, the colonies had been required to provide

housing for soldiers, but colonial legislatures had been uncooperative in doing so. The new

Quartering Act allowed a governor to house soldiers in other buildings if suitable quarters were not

provided.”

5. Effect – The Coercive Acts unintentionally promoted sympathy for Massachusetts and

encouraged colonists from the otherwise diverse colonies to form the First Continental Congress.

The Continental Congress agreed to boycott British goods and, if that did not get the Coercive Acts

reversed after a year, to stop exporting goods to Great Britain as well. The Congress also pledged to

support Massachusetts in case of attack, which meant that all of the colonies would become involved

when the American Revolutionary War began at Lexington and Concord.

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1. First Continental Congress (September 5 – Oct. 26, 1774)
2. The Congress had two primary accomplishments. The first was a compact among the colonies to

boycott British goods beginning on 1 December 1774. Imports from Britain dropped by 97 percent

in 1775, compared with the previous year.

2. The Congress petitioned the King for resolution of the specified items. If no response, then a

Second Continental Congress would meet on May 10, 1775. One month prior to this date, April 19

to be exact, battles of Lexington and Concord. In late 1775, the king rejected Congress’s petition

and issued a Proclamation of Rebellion, declaring elements of the American colonies in active

rebellion.

1. State Constitutional Conventions

In 1776, eight states (Delaware, Maryland, New Hampshire, New Jersey, North Carolina,

Pennsylvania, South Carolina, Virginia) wrote constitutions. These were followed by New York, and

Georgia in 1777, and Massachusetts in 1780. Connecticut and Rhode Island elected to continuing

operating under their charters and (until 1818 in the case of Connecticut and 1843 in the case of

Rhode Island). The fourteenth state, Vermont, actually wrote its first constitution in 1777.

1. Second Continental Congress
2. The Second Continental Congress issued a response to the Proclamation on December 6, saying

that while they had always been loyal to the king, they had never owed any allegiance to the British

Parliament, in which the colonies were not represented. Congress said that it was their duty to

continue resisting Parliament’s violations of the British Constitution. [Remember, the colonies

started under Royal Charters, and the oath of loyalty was always to the king and not Parliament –

implications for treason]

2. The King did not formally respond, but did give a speech at the opening of Parliament insisting

that rebellion was being fomented by a “desperate conspiracy” of leaders whose claims of allegiance

to him were insincere; what the rebels really wanted, he said, was to create an “independent Empire”.

The king indicated that he intended to deal with the crisis with armed force.

3. In February 1776, colonists learned of Parliament’s passage of the Prohibitory Act, which

established a blockade of American ports and declared American ships to be enemy vessels. John

Adams in response stated that Parliament had effectively declared American independence.

4. Problem – most members of the Second Continental Congress were under direct orders from the

state legislatures not to declare independence.

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1. Declaration of Independence
2. On May 15, the Virginia Convention instructed its congressional delegation “to propose to that

respectable body to declare the United Colonies free and independent States, absolved from all

allegiance to, or dependence upon, the Crown or Parliament of Great Britain”. In accordance with

those instructions, Richard Henry Lee of Virginia presented a three-part resolution to Congress on

June 7. The motion, which was seconded by John Adams, called on Congress to declare

independence, form foreign alliances, and prepare a plan of colonial confederation. The part of the

resolution relating to declaring independence read:

Resolved, that these United Colonies are, and of right ought to be, free and independent States, that

they are absolved from all allegiance to the British Crown, and that all political connection between

them and the State of Great Britain is, and ought to be, totally dissolved.

2. While political maneuvering was setting the stage for an official declaration of independence, a

document explaining the decision was being written. On June 11, 1776, Congress appointed a

“Committee of Five”, consisting of John Adams of Massachusetts, Benjamin Franklin of

Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger

Sherman of Connecticut, to draft a declaration. The committee presented this copy to the Congress

on June 28, 1776.

3. On July 1, after a long day of speeches, a vote was taken. As always, each colony cast a single

vote; the delegation for each colony—numbering two to seven members—voted amongst themselves

to determine the colony’s vote. Pennsylvania and South Carolina voted against declaring

independence. The New York delegation, lacking permission to vote for independence, abstained.

Delaware cast no vote because the delegation was split between Thomas McKean (who voted yes)

and George Read (who voted no). The remaining nine delegations voted in favor of independence,

which meant that the resolution had been approved by the committee of the whole.

III. ARTICLES OF CONFEDERATION

1. History

On June 12, 1776, a day after appointing a committee to prepare a draft declaration of independence,

the Second Continental Congress resolved to appoint a committee of thirteen to prepare a draft of a

constitution for a confederate type of union. The last draft of the Articles was written in the summer

of 1777 and the Second Continental Congress approved them for ratification by the States on

November 15, 1777. In practice the final draft of the Articles served as the system of government

used by the Congress (“the United States in Congress assembled”) until final ratification on March 1,

1781 (Maryland would not ratify until Virginia ceded its extensive claims for land over to US).

1. Debates regarding Articles

One set of debates concerned whether representation in Congress should be proportional by

population and, if so, whether slaves and indentured servants should be counted. John Witherspoon,

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who represented New Jersey, was against proportional representation because he liked each state

being equal with another state. Witherspoon was concerned that political communities would be

destroyed if a state did not serve as a buffer to protect the communities. Franklin and James Wilson

pushed for representation based upon population. Their position did not win.

1. Political Theory of the Articles

States are sovereign, majority rule, localism, decentralization, liberty of states, and no direct

relationship between national government and citizens.

1. Summary of Provisions in Articles What’s missing? [judiciary, executive, Bill of Rights,

bicameral legislature)

1. Establishes the name of the confederation as “The United States of America.”
2. Asserts the equality of the separate states with the confederation government, i.e. “Each state

retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right,

which is not by this Confederation expressly delegated.”

3. Establishes the United States as a new nation, a sovereign union of sovereign states, united

“. . . for their common defense, the security of their liberties, and their mutual and general

welfare, binding themselves to assist each other, against all force offered to, or attacks made

upon them . . . ,” while declaring that the union is “perpetual,” and can only be altered by

approval of Congress with ratification by all the state legislatures (a very key

provision/restriction).

4. Citizens of one state can move freely to other states (with certain exceptions), and fugitives

from justice are subject to extradition. Note that each citizen is entitled to “all privileges and

immunities of free citizens in the several states” and “full faith and credit” is given to judicial

proceedings in the states.

5. Each state has one vote. Depending on population, a state has anywhere from two to seven

members in its delegation. Members of Congress were appointed by state legislatures (note:

similar to the way Senators were initially selected in the Constitution); individuals could not

serve more than three out of any six years (term limits).

6. Congress has exclusive authority in the areas of foreign relations and declaring war. That is,

States may not enter a treaty between themselves or another nation without the consent of

Congress. States can have militias, but no armies or navies.

7. State legislatures name colonels and below in the army.
8. Congress has no authority to tax anyone. That is, all monies for the U.S. Treasury are to

be collected from the states allocated by real property values.

9. Defines the powers of the central government: to declare war, to set weights and measures

(including coins), to regulate trade with the Indians, to establish post-offices, etc. Congress

also serves as a final court for disputes between states. NOTE super majority (9 states)

necessary to engage in war, make peace, enter alliances, coin money, determine how much

money to spend, borrow money, spend money, determine how many warships to build or

armies to raise, and appoint a commander in chief. Also note term limits for executive (one

3-year term). Art. IX also defines a Committee of the States (an executive committee).

10. The Committee of the States is to serve as a government when Congress is not in session.

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11. Requires nine states to approve the admission of a new state into the confederacy; preapproves

Canada, if it applies for membership.

12. Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.
13. Declares that the Articles are perpetual and can only be altered by approval of Congress

with ratification by all the state legislatures.

1. Achievements by the Articles of Confederation
2. Successfully prosecuted war with England
3. The articles provided a union and also brought a powerful ally in France. France would not

protect Maryland until it signed the Articles of Confederation.

3. Under the Articles of Confederation, the states ceded land to the national government,

thereby giving the national government the opportunity to create the Northwest Territory.

4. The Northwest Ordinance provided for orderly admission of states.
5. Weaknesses of Articles of Confederation
6. Congress lacked the authority to levy taxes. Congress could only request the states to

contribute their fair share to the common treasury, and not surprisingly, the states often

thought it in their best interest to take care of their own people before sending money to

Anapolis.

2. Constitutional amendments required unanimous consent. To remedy the defect in being

unable to levy taxes, Congress asked the States for power to lay a 5% tax to secure the

public debt. 12 states agreed to this amendment, but because Rhode Island refused, the

proposal was defeated.

3. The requirement of a super majority of states to approve of legislation like paying bills gave

a tremendous amount power to dissenting states.

4. Lack of an executive to enforce the laws and a federal court to interpret them.
5. Although Congress could declare war, it could not force any state to meet its assigned quota

for troops or for the arms and equipment needed to support them. Congress had no power to

punish the states for not contributing their share of the federal budget.

6. The power to coin money and control credit was not exclusive to the national government

and this absence of a single, uniform, stable currency disrupted trade among the states and

with other countries. This also caused seven of 13 states to print large quantities of paper

money which of course resulted in high inflation. Other states, Massachusetts in particular,

imposed high taxes and printed little money, resulting in a credit crunch and land

foreclosures, which led to Shay’s Rebellion.

7. Some states (like New York and Virginia) levied duties on products entering their ports

from other states, thereby provoking trade wars.

8. All treaties had to be signed by all the states (like the Treaty of Paris), and the national

government could not enforce compliance.

9. Congress had no authority to regulate foreign or domestic commerce.

Framing and Ratifying the Constitution

Issues Leading to the Constitutional Convention

• Weaknesses of the Articles of Confederation
• Mount Vernon Conference
• Mounting Financial Crisis
• Shays’ Rebellion
• Annapolis Convention

Philadelphia Convention

• Virginia Plan
• Pinckney Plan
• Disputes/Issues
• The New Jersey Plan
• “Great Compromise”
• Committees of Detail and Style

Ratification

• Who to Ratify?
• Congress?
• Anti-federalists
• Federalists
• Issues between them
• States Approving
• Virginia Ratification

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