Shays Rebellion Massachusetts farmers endured tremendous economic hardship

Shays’ Rebellion • Massachusetts farmers endured tremendous economic hardship when “debt pyramid” crumbled in mid-1780 s • farmers petitioned the state legislature for: – More paper money – Stay laws (forbidding collection of debts) • legislature instead raised already-high taxes • led by Daniel Shays, farmers rebelled

Shays’ Rebellion • Shays was a former Revolutionary War militia captain who had not been paid for his service by the deeply-indebted govt. • “Shaysites” shut down courthouses across Western and Central Massachusetts • Gov. Bowdoin called out 4400 militiamen • Congress dispatched 1300 soldiers to defend the Springfield Armory • The rebellion had died out by March 1787. • all involved were pardoned

A Philosophical Question What was the greater threat to liberty: the government or the people?

Reactions to Shays’ Rebellion Samuel Adams “Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death. "

Reactions to Shays’ Rebellion "A little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government. God forbid that we should ever be twenty years without such a rebellion. "

Reactions to Shays’ Rebellion "I am mortified beyond expression when I view the clouds that have spread over the brightest morn that ever dawned in any country. . . What a triumph for the advocates of despotism, to find that we are incapable of governing ourselves and that systems founded on the basis of equal liberty are merely ideal and fallacious. "

United States Constitution 1. Constitutional Convention of 1787: Major Controversies 2. Constitutional Convention of 1787: Compromises 3. Ratification of the Constitution: Federalist Papers 4. Structure of US Government: Separation of Powers 5. Checks and Balances System

Philadelphia Convention (1787)

Proposals • New Jersey Plan (William Paterson) – kept A of C but amended them to national govt. to tax and regulate commerce – favored by small states – Each state equally represented in Congress • Virginia Plan (James Madison) – bicameral Congress – independent executive (president) – national judiciary – States proportionally represented

Major Controversies at Constitutional Convention of 1787 • Representation in Congress – Proportional (big states) v. Equal (small states) • Slavery – North v. South • Federal v. State Power

Compromises • Representation (CT Compromise) – Proportional rep. in House – Equal in Senate • Slavery – 3/5 Compromise – Fugitive Slave Clause – Slave Trade Clause

Ratification of the Constitution Federalists v. Anti-Federalists 1. Bill of Rights (Amendments 1 -10) – helped ensure ratification by allaying fears that the new, stronger national government would infringe upon individual rights 2. Federalist Papers – a series of arguments for the new Constitution, written by Hamilton, Madison, and Jay 3. Federalist #10 (Madison) dealt with the perceived problem of faction (widely believed to be the enemy of large republics)

Why did Anti-Federalists oppose the Constitution? “It is the opinion of the ablest writers on the subject that no extensive empire can be governed upon republican principles. ” “It is impossible for one code of laws to suit Georgia and Massachusetts. ” James Winthrop wrote a series of Anti. Federalist articles under the pen name Agrippa.

Madison’s Federalist # 10 • “There are two methods of curing the mischiefs of faction: the one, by destroying liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests. ” • “Liberty is to faction what air is to fire, an ailment, without which it instantly expires. But it could be no less a folly to abolish liberty. . . than it would be to wish the annihilation of air. ” • Madison argued the faction was inevitable and should be embraced. • In a large republic like the US, no one faction would dominate, and the best approximation of what was good for the country would come out of the competition between different interests/factions. • The problem of faction, in other words, would control itself.

Madison’s Federalist #51 “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. ”

Federalist #51 “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. ” “Ambition must be made to counteract ambition. ”

The Constitution of the United States ARTICLE I – Legislative Branch ARTICLE II – Executive Branch ARTICLE III – Judicial Branch Separation of Powers

“Checks and Balances” *each branch “checks” the power of the other branches in order to prevent any one branch from gaining too much power LEGISLATIVE EXECUTIVE JUDICIAL impeachment veto power judicial review “advice + consent” veto override

Article I, Section 8: Powers of Congress • Spells out numerous specific powers of Congress (and, therefore, the federal govt. ) • Necessary and Proper Clause (Clause 3) – a. k. a. : “elastic clause” – Gives federal govt. power to do anything necessary to carry out its rightful powers, even if not specifically provided for in the Constitution – Greatly expands federal govt. power

Article II, Section 2: Powers and Duties of the President • Section 1 – Commander in Chief of the military • Section 2 – power to make treaties, appoint judges and other federal officials “by and with the advice and consent of the Senate” • Section 4 – Congress’ power of impeachment

Article III: Federal Courts • Brief, vague article left the role of the federal courts open to interpretation • Did the courts have the power to declare acts of Congress and the states unconstitutional and, therefore, invalid?

“States’ Rights” v. Federal Power: An Ongoing Controversy • Supremacy Clause/Article (Article VI) – “The Constitution and the laws of the United States. . . shall be the supreme Law of the Land. ” • 10 th Amendment (“States’ Rights Am. ”) – “The powers not delegated to the United States by the Constitution. . . are reserved to the states, or to the people. ”

Ratification of the Constitution by the States • 9 of 13 states needed to ratify (approve) the Constitution for it to take effect • Conventions were called in the states for that purpose. • Federalists = supporters • Anti-Federalists = opponents

Who were the Federalists and Anti. Federalists? • Federalists – dominant in urban and coastal regions – Most merchants, major property owners • Anti-Federalists – Small farmers from the backcountry – Those who feared the new federal (national) government would be too powerful. – Those who believe local government power was best in a republican system. – Patrick Henry, Samuel Adams, etc.

The Bill of Rights • Amendments 1 -10 • Added to secure approval of all states (New York and Massachusetts, most notably were holding out. ) • Fundamental Rights of citizens spelled out so as to protect them from government • Madison was reluctant to include it. Why?