THE DRAFTING OF THE AMERICAN

CONSTITUTION

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“…There were no precedents to guide the founders in ruling the
immense territory of the united states as a Republic. Yet lack of a
model didn’t daunt men who prided themselves upon the originality of
their achievement…”OSACR HANDLIN

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THE ARTICLES OF CONFEDERATION

 The Articles of Confederation and its defects engendered a crisis

 From the period which followed the independence till the formation
of a new constitution and its promulgation in 1789, the government
run under the Articles of Confederation suffered from a number of
defects and had to be given up

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SHORTCOMINGS OF ARTICLES OF CONFEDERATION

 The inherent weakness of the Articles of Confederation stemmed from the

fact that it called for a confederacy – which placed sovereign power in the
hands of the individual states.
 Since the Americans had dealt with the British Crown for so long, The colonies
did not want to create yet another out-of-touch Central National Government
much like the despotic Crown.
 Rather than a strong central government , American wanted government
based on powerful state government.
 The lack of a strong Central Government and defects in the Article of
Confederation, gave rise to crisis:.
 There was economic disorganization, lack of central leadership, no foreign
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affairs head leading to diplomatic crisis, no national army, no judiciary and
legislative inefficiency.
LACK OF STRONG CENTRAL GOVERNMENT ENGENDERING PROBLEMS

ECONOMIC DISORGANIZATION

LACK OF CENTRAL LEADERSHIP

LEGISLATIVE INEFFICIENCIES

NO NATIONAL ARMY

NO NATIONAL JUDICIARY

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CRISIS DUE TO ARTICLES OF CONFEDERATION … (1)

1) ECONOMIC DISORGANIZATION:
 Congress could not regulate trade. Under Articles of Confederation, Congress had
limited power to regulate trade. Congress was only able to regulate and commerce with
Native American tribes. Congress had no ability to negotiate trade agreements with
foreign countries. There was very little economic coordination amongst the state. Each
state had its own agenda import and export policies differed greatly from state to state
 No uniform system of currency. While Congress had the right to regulate all forms of
American currency, the Articles of Confederation failed to call for a singular form of
currency. The meant that the national government could print money, but each state
could as well

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CRISIS DUE TO ARTICLES OF CONFEDERATION …(2)

 No power of tax. Only the states, not the Congress, had the authority to impose tax and raise
revenue. Accordingly, Congress had to request for funds from the states
 The national government was on the verge of bankruptcy
 The nation’s currency was virtually worthless
 Continental Army officers threatened military action against Congress
 States imposed heavy duties on each other
 Biggest of all was the question of national debt incurred during the years of fighting against Britain
for freedom. The debt was owed to countries like France and Spain etc. Congress as well individual
states owned the debt. The congress requested states for funds but the request wasn’t treated
seriously. Congress resorted to selling land in Western region for raising funds to avoid becoming a
defaulter, this however, was not a long term solution
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CRISIS DUE TO ARTICLES OF CONFEDERATION… (3)

2) LACK OF CENTRAL LEADERSHIP:

The Lack of central leadership led to the following:
 The president of congress was only person responsible for the proper working of the
congress but he was not vested with any effective executive powers
 No system of courts in the jurisdiction of national government. The states could simply
ignore national laws without year of retribution
 Also, since there was no national courts system, individual person or states would not file
complaints against the national government

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CRISIS DUE TO ARTICLES OF CONFEDERATION… (4)

3) No National Army
 Inability to deal with internal and external threats: According to the Articles of
Confederation, Congress had the sole power to make peace and war, but did not have
the authority to raise an army of its own.
 The congress had to request the states to send militia in times of need
 America depended on state troops.
 Shay’s Rebellion served as one impetus for the creation of a stronger central
government in the upcoming Constitution

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CRISIS DUE TO ARTICLES OF CONFEDERATION… (5)

4) NO JUDICIARY:
No system of courts in the jurisdiction of the National Government

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CRISIS DUE TO ARTICLES OF CONFEDERATION… (7)

5) NO FOREIGN AFFAIRS HEAD:

 The lack of a presidential figure or body left America without a representative to
conduct foreign affairs. Without a single executive, America was at a serious diplomatic
disadvantage

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CRISIS DUE TO ARTICLES OF CONFEDERATION… (8)

6) DIPLOMATIC CRISIS
 All American efforts to persuade U.K to open trade with West Indies failed
 U.S government failed to check the smuggling and inflow of English goods in to USA
 North African Pirates enslaved American sailors
 Britain refused to vacate forts on American soil – one of the reasons which led to war o
1812.
 Spain conspired with Westerners, including the famous frontiersman Daniel Boone
 By 1787, many of the new nation’s leaders were convinced that the success of the
American Revolution was at risk

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CRISIS DUE TO ARTICLES OF CONFEDERATION… (6)

7) LEGISLATIVE INEFFICIENCIES:
 Defective Organization of Congress. It consisted of only one house and the members
represented the states rather than the people. Each state shall have one vote
 Difficulty in Passing law/bills. It took the consent of nine of the thirteen states to approve
legislation. This meant that blocking a bill took only five of the thirteen states
 Minority could over turn the decision of the majority
 Impractical Amendment Process. Required the consent of the national Congress and all of
the states, requiring a unanimous vote. Ironically, the Articles of Confederation was so
poorly structured that it did not have mechanisms in place to fix itself

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THE NEED TO FRAME A NEW CONSTITUTION

 On the 25th day of May, 1787, the Constitutional Convention met in Philadelphia
 Many prominent political leaders of the time attended the Constitutional Convention
 It was presided over by Benjamin Franklin
 All original thirteen states attended the convention except Rhodes Island which was
against a strong National Government
 In the Convention two groups developed – Federalist & Anti-Federalist

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FEDERALIST VS. ANTI FEDERALIST

THE ANTI-
THE FEDERALISTS: FEDERALISTS:
 Constitution: An entirely new constitution  Constitution: No new constitution, rather
improving the existing Articles Of
Confederation by granting more power to
Congress. The Anti- Federalists found
many problems in the new constitution.
Their biggest argument was that a new
constitution would put the country on an
entirely new and an untested form of
government

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CONTINUED…

THE FEDERALISTS THE ANTI-FEDERALISTS

 The system of Government: No Central
 The system of Government: National
government. To preserve state rights and firmly
government – Central government. opposed a strong national government. Stressed
Congress with powers to regulate taxes the virtues of local rule and associated centralized
and raise revenues. power with tyrannical monarch.
 Anti Federalists feared that the congress would
pass oppressive taxes that they would enforce by
creating a standing national army.
 Henry Lee stated: “…the central government far
removed from people will find that either its laws
are neglected or that it must use military power to
execute them, either will lead to a revolution, and
to the destruction of freedom…”

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CONTINUED…

THE ANTI-
FEDERALISTS
THE FEDERALISTS
 Political Philosophy: The anti- federalist
 Political philosophy: The federalists hailed
believed that the government should be
from aristocratic class. They held a
controlled by common people. They had
common man is not competent enough to
faith in the ability of common man and
handle political powers. Administration
were apprehensive of the dangers
can only be handled by men of “principle
inherent in entrusting the power to elite
& property”
group. A centralized government made of
elite group had the potential to become
corrupt and seize more and more power
until its tyrannical rule completely
dominated the people
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CONTINUED…

THE ANTI-
THE FEDERALISTS FEDERALISTS
 Economic Ideology: Federalists wanted  Economic Ideology: The Anti-Federalist
government economic policies to be in wanted a widespread distribution of
favour of the propertied class. Wanted the wealth. They were content with mere
government to extend every possible adoption of Laissez Faire checking the
support and encouragement to the accumulation of wealth in the hands of
industrial and commercial class small circle of people. They were opposed
to the special privileges being granted to
commercial and industrial classes and
stood for promoting the interests of
farmers and cultivators

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CONTINUED…

FEDERALIST THE ANTI- FEDERALIST

 Central Bank: Difference of views on  Central Bank: The anti federalist like Thomas
establishment of a central bank. Federalist like Jefferson argued that the constitution didn’t give
Congress the power to grant bank the charter
Alexander Hamilton claimed that the bank of
the United states would provide a secure  A national bank in its capacity would ignore the
depository for federal revenue, issue needs of individuals and small farmers, would
currency and federal loans, regulate the assume powers not granted to federal government
by the states, and therefore violate tenth
activities of smaller banks, and extend
amendment
credit to US citizens. The bank would have a
 Central banks were dangerous than standing
fixed capital of $10 million dollars, one fifth of
which would be subscribed by the government armies, as funding by posterity is but “swindling
futurity on a large scale”.
 The bank would have an initial charter of 20
 Banks would sweep away the fortunes and morals
years of our citizens
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CONTINUED…

THE ANTI-
FEDERALIST FEDERALIST

 Representation to Congress: The  Representation to Congress: The Anti-

Federalists wanted representation to be Federalists wanted representation to be
accorded in proportion to the population of fixed so that states with greater
states population would not dominate the
smaller states. The solution to this was
found in bi-cameral legislature

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CONTINUED…

THE VIRGINIA PLAN:

THE NEW JERSEY PLAN
 National government with broad powers
 One house legislature
 A two house legislature
 Equal representation for all states – not on
 Representation in both houses on basis of
basis of population
population
 Power of legislature to collect revenue and
 A separate Executive branch led by an
regulate commerce
officer elected by Congress
 Right of each state to regulate laws of
 A special provision calling for national
daily affairs
judiciary

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THE CONNECTICUT COMPROMISE
 Two houses of Congress would exist
 Lower house would have representation according to population and they be elected
directly by people
 Upper house – Senate would have a fixed representation and they be chose by State
Legislature
 Three fifth of population of slaves would be counted for the purpose of representation and
taxation
 Congress had a much broader list of legislative powers than Articles of Confederation gave
it
 Much of the responsibility for regulating daily lives was given to the states
 It was adopted by states one after the over the course of next few years with Rhodes Island
being the last state to adopt it in May 29th1790
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THANK YOU!

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