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B. Why were the Articles of Confederation Written? (The Need of the Articles of Confederation):
With the United States’ transition from being colonies to a successful independent nation, the American colonists grew to
despise being treated as the children of Great Britain. Therefore, they vowed that when they win their independence, their
government would be nothing like that of the Great Britain. As a matter of fact, they made their first constitution, which is
called “The Articles of Confederation. This constitution bound the states in a loose ‘league of friendship’ that permitted the
states to retain nearly all government power.
Politically speaking, there was little centralized control over foreign policy; states negotiated directly with other
countries. It means that these states, instead of consulting the national government, the Congress, they started concluding
treaties, for instance, with France, Britain, and the neighboring countries alone without resorting or getting the permission
of the national congress. Thus, this created a big problem for the USA, which led foreign countries to despise and
disrespect it.
Economy:
One of the biggest problems was that the national government had no power to impose taxes. To avoid any perception
of taxation without representation, the Articles of Confederation allowed only states governments to levy taxes. Hence,
to pay for its expenses, the national government had to request money from the states. The states; however, were often
neglecting this duty, and so the national government was underfunded (out of money). Without money, the US
government could not pay debts owed from the Revolution or easily secure new funds (to run their own affairs).
Foreign governments were reluctant to loan money to a nation that might never repay it. The fiscal problems of the
central government meant that the currency it issued, called the continental, was largely worthless.
In other words, at that time, the national government represented in the congress had to impose taxes but the 13
Articles of Confederation lacked the power to impose them. As it is known, the main reason behind the American
Revolution was the taxation without representation, which means that Americans said that since they are not
represented in congress, they won’t pay taxes to the government which does not represent them. In the Articles of
Confederation, the power of taxation was given to the local 13 states and their local government and not to congress.
So, each state will impose taxes on its own citizens. Therefore, the money collected during the Revolutionary war
borrowed from France and other countries couldn’t be repaid as promised after independence because the National
Treasury (where the money of the government is kept) was not provided with taxes from the states. The states didn’t
cooperate with the national government.
The country’s economic woes were made worse by the fact that the central government also lacked the power to
impose tariffs on foreign imports or regulate interstate commerce. Thus, it couldn’t protect American products from
foreign competitors. Compounding the problem. The states often imposed tariffs in items produced by other states and
otherwise interfered with their neighbors’ trade.
Simply put, economic problems were made worse by the fact that the government had to protect its economy from
being destroyed by imported goods as any government would do (competitors) especially the economy in the North
which used to manufacture many goods. Hence, Northern states who relied on industry wanted the government to
impose tariffs to protect their industry whereas the southerners refused because along with the fact that they relied on
agriculture, if tariffs were to be imposed on imported goods, they wouldn’t be able to buy them.
III. The Constitutional Convention (From May 25th to September 17th, 1787) (The Philadelphia
Convention):
In view of the chaotic situation that followed their independence, it was clear that the Americans had to reconsider the
articles of confederation. To this end, in February 1787, Congress asked each state to send delegates to a meeting or a
“convention” in Philadelphia. The smallest state, Rhode Island, refused to attend but the other 12 states agreed. Indeed, 55
delegates met in Philadelphia. These delegates had experience in colonial and state governments. They were knowledgeable
in history, law, and political theory.
In other words, the founding fathers called for a meeting in Philadelphia in February 1787 (4 years after the independence)
to fix the problems facing the US. George Washington said that he considered the articles of confederation as being a rope of
sand. Now that they found the problems in the articles of confederation, they decided to find a solution for it. Historians say
that the fact that Rhode Island refused to send its delegates to the meeting is because it feared to lose its sovereignty and
independence. Most of the delegates were lawyers and knowledgeable in different fields so that they would represent their
states properly.
A. George Washington:
Regarded as the country’s first citizen because of his integrity as well as his military leadership of the continental army
during the revolution, the delegates elected George Washington to chair the convention.
The Congress had authorized the delegates to amend the Articles of Confederations; however, the delegates put them aside
because they considered them inadequate to the needs of the new nation. Instead, they proposed a constitution describing a
new form of government based on separate legislative, executive and juridical authorities. Accordingly, the meeting became
known as the Constitutional Convention.
To sum up, the first point that was discussed in this convention was to decide about the chairman or the chair, and since
George Washington was considered as being the first citizen for his military leadership and his wisdom, the delegates elected
him to lead the meeting. After that, they discussed the problems that they faced as a result of the articles of confederation in
order to find solutions to them. Thus, they decided to put the articles of confederation aside because they were no longer
suitable to build a nation. They wanted to establish a new document proposing a new form of government based on separate
legislative, executive and juridical authorities. The convention was named ‘the Constitutional Convention’ because after 4
months, the product was the US Constitution.
2. Three-Fifth Compromise:
Once it was decided that representation in the House of Representatives was to be based on population, delegates from
Northern and Southern states saw another issue arise: how slaves should be counted?
Delegates from Northern states, where the economy did not rely heavily on slavery, felt that slaves should not be counted
toward representation because counting them would provide the South with a greater number of representatives. Southern
states fought for slaves to be counted in terms of representation because it struggled to secure a higher number of
representatives. The compromise between the two became known as the Three-Fifth Compromise because every five slaves
would be counted as three individuals in terms of representation. (As a middle solution, 5 slaves were considered as 3 free
white men.)
The compromise mandated that tariffs were only to be allowed on imports from foreign countries and not exports from the
US. This compromise also dedicated that interstate commerce would be regulated by the federal government. It also required
that all commerce legislation be passed by a two-thirds majority in the Senate, which was a win for the South since it
countered the power of the more populous Northern states.
Let’s put it more simply, the Northern states which depended on industry wanted to protect their industry from foreign
manufactured goods coming from Britain, Germany, France, which were actually more advanced at that time. This is why
they supported the idea of imposing tariffs. Thus, they put pressure on the government in order to impose tariffs on the
imported goods. But, the Southerners refused because they relied on agriculture and the tariffs will make the price of the
imported goods very high and they won’t be able to afford buying those goods and products. As a result, the compromise
consisted of the government imposing tariffs only on the imported goods but the no tariffs will be imposed on exported
goods (if an American company wants to export any goods, it won’t pay tariffs.)
Taxes are imposed on local factories and companies whereas tariffs are imposed by the government on imported goods.
In this compromise, Northern states agreed to wait until 1808 for Congress to ban the slave trade in U.S. (In March 1807,
President Thomas Jefferson signed a bill abolishing the slave trade taking effect on January 1st, 1808.) Also, part of this
compromise was the fugitive law, which required Northern states to deport any runaway slaves, another win for the South.
There was a disagreement over how he should be elected to office. While some delegates felt that the president should be
popularly elected, others feared that the electorate would not be informed enough to make that decision (they said that most
Americans were illiterate and cannot know who is the right person to lead the USA)
In the end, the two sides compromised with the creation of the ‘Electoral College’, which is made up of electors (electoral
intermediaries that aren’t picked by Congress). Citizens actually vote for electors who then votes for the president.
The number of electors of each state depended on its number of representatives in Congress (representatives in the House
of Representatives + Senators from the Senate). For instance, the state of California has 55 electors (53 representatives and 2
Senators.)
Counting all the states, the number of representatives is 435 representatives + 100 senator + 3 representatives from
Washington D.C (the capital –District of Columbia- which is not a state, but since there are people living there, it is granted 3
representatives in the Electoral College) = The electoral college is composed of 538 electors.
The electors are not part of the House of Representatives or the Senate. They are people who served USA but not as part of
the Congress. It is only that their number depends on the number of representatives in Congress; Each 4 years, new electors
are elected to be part of the Electoral College. Each state is free in the way of selecting its electors.
The total number of the representatives is fixed to 435. If the number of the population increases in a state, another state
will lose 1 representative for its favor.
The president who has just been elected is called ‘The President Elect’ whereas the already have been president is called
‘The President in Office’ like Donald trump who has been elected in November and after taking the official oath, the
president Obama should leave the office On January 20 th.
In other words, the founding fathers of America managed to create a new system for the US, which is the federal system in
which the power is shared between the national government (led by the president, the vice president and the cabinet) and the
state governments (local governments led by a governer for each state)). The government (whether the national or the local)
was divided into 3 equal parts or branches:
The Legislative Branch: It is represented by the Congress with its two chambers (the House of Representatives and the
Senate). It creates/enacts/legislates/makes laws.
The Executive Branch: It is led by the president, the vice president and its cabinet (15 senators). It applies/executes laws.
The Juridical Branch: It is represented by the Supreme Court, which checks the constitutionality of law (if they contradict
with the constitution or not.) and other federal courts.
Each part works to ensure that the other parts would not take the power that belongs to others. It is the system of “check
and balance”, i.e., the 3 branches are separated and each one has its own jurisdictions (powers) and to maintain balance
between the 3; therefore, the system of ‘Check and Balance’ was created.
The president can make executive orders. When the Congress is on vacation. These executive orders must be checked
by the juridical branch (if they comply with the US constitution, the juridical branch will give the green light. If not, it
will veto law and declare it as unconstitutional so it won’t be applied.
The president can also veto laws made by Congress and appoint judges but only with the approval of the Senate.
7. Ratifying the Constitution:
The result of the Constitutional Convention was a 1. Delaware: December 7th, 1787.
draft of the US Constitution. This draft was first 2. Pennsylvania: December 12th, 1787.
signed by the 39 delegates (out of 42 who were 3. New Jersey: December 18th, 1787.
present) and then sent to the 13 states to be ratified 4. Georgia: January 2th, 1788. (to
be voted for). The article 7 of that constitution 5. Connecticut: January 9th, 1788
provided that the new Constitution would be 6. Massachusetts: February 6th, 1788.
official after being ratified by 9 states out of the 13 7. Maryland: April 28th, 1788.
states. Each state was given 6 months to ratify it. 8. South Carolina: May 23rd, 1788.
-Delaware was the first state that voted in favor of it. 9. New Hampshire: June 21st, 1788 (Making the
-New Hampshire was the 9th on June 21st, 1788, which Constitution legal.)
officially ended government under the Articles of 10. Virginia: June 25th, 1788.
Confederation. 11. New York: July 26th, 1788.
-Rhode Island ratified the Constitution on May 29th, 1790 12. North Carolina: November 21st, 1789
being the last one to ratify it. 13. Rhode Island: May 29th, 1790.
The Americans wanted to establish a government that would make them forget the brutality of the British rule;
therefore, some delegates refused to ratify the US Constitution for the simple reason that the Constitution didn’t guarantee
civil rights for all the American citizens. According to them, the US Constitution tackled only the jurisdictions and
organization of the government. After receiving guaranties as what is called ‘The Bill of Rights’, they agreed to ratify it.
This issue of the lack of civil rights led to the rise of two political parties: the Federalists and the Anti-Federalists.
A. The Federalist Party: It represents those who favored and made pressure on the Congress to create a strong central
government that may protect and insure order in all USA and to avoid what happened under the Articles of
Confederation. It was led by Alexander Hamilton, John Jay, and James Madison who pushed for the ratification in a
series of essays known as The Federalist Papers. This influenced New York to ratify the Constitution. It was mostly
supported by the Northern states that depended on industry.
B. The Anti-Federalist Party: As led by Thomas Jefferson, the founding father of the American foreign affairs, it
represents those who preferred a loose association of separate states, i.e., a weak federal government and strong local
governments (giving more power to the states) in order to protect the civil rights of the ordinary people. It was mostly
supported by the Southern states depending on agriculture.
Amendment 2: US. Citizens have the right to keep and bear arms, or own guns.
First, at that time, American citizens faced many crimes which made them feel unsafe. Therefore, for their security, they
were given the right to bear arms. Second, many businessmen manufactured arms, so this amendment was added in order
to protect their activities (more than 30 states manufactured guns and weapons).
Amendment 3: The government may not force US. Citizens to shelter soldiers in their homes.
Amendment 4: US. Citizens are protected from unreasonable searches of a person’s property.
American citizens are protected from unreasonable government intrusion (searching) in their homes without a warrant
(an official paper from the court to search houses.)
Amendment 5: The government may not force US. Citizens to testify against themselves in court.
The US government has not the right to oblige an eye witness to testify against himself.
Amendment 6: US. Citizens have the right to a fair and speedy trial.
Some suspects when they are detained, they stay in jail for a long time before their trial. Therefore, this amendment
prohibit the court from detaining suspects for long periods (sometimes, it takes years). As soon as they are detained, they
have the right for a speedy trial.
Amendment 8: US. Citizens are protected from cruel and unusual punishment.
All the punishments should be prescribed by the law. If the punishment doesn’t belong to the criminal law, the suspect
should not be punished in that way.
Amendment 9: US. Citizens may have rights that are not listed in the Constitution.
Some rights that are not exactly mentioned in the US Constitution, individuals could still enjoy them.
Amendment 10: Powers not given to the federal government by the US. Constitution belong to the state or to the
people.
The Congress divided the power between the federal government and the local governments; therefore, powers and
jurisdictions that belong to the central government don’t belong to the local one. But, what is not mentioned as rights for
the central government automatically the state and people can enjoy these rights because they are not proper to the central
government.
Since America was a young nation at that time and they didn’t count the number of their population, the Article 1, Section
2, Clause 3 of the US Constitution provided that:
The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one
representative, and until such enumeration shall be made, the state of:
New Hampshire should be entitled to choose 3,
Massachusetts 8,
Rhode Island 1,
Connecticut 5,
New York 6,
New Jersey 4,
Pennsylvania 8,
Delaware 1,
Maryland 6,
Virginia 10,
North Carolina 5,
South Carolina 5,
Georgia 3.
Therefore, the number of representatives was set to 65 + 2 electors for each state. The US Constitution provided that the
state legislature (local Congress) should decide the manner in which their electors were chosen. For instance, in the state of
Virginia and Delaware, the state is divided into electoral districts, with one elector from top two candidates.
During the election of 1789, 3 states didn’t participate in the election:
North Carolina and Rhode Island hadn’t yet ratified the US Constitution, so they didn’t participate in the election.
New York had failed to appoint its electors in time. So, it was impossible for it to take part in the elections.
At that time, electors used to have 2 votes; one for the US President (the one who has the majority of votes) and the other
for the Vice President (the running-up – the one who comes in the second place.) George Washington was the winner and
John Adams was the Running-Up.
Later in 1800, during the election of Thomas Jefferson, a problem was faced and later solved by adding 12 Amendments to
the US Constitution because the founding fathers of the US Constitution wanted the president to belong to a different state
than the vice-president in order to divide power between the states, and avoiding the idea of having the country led by one
state.
Obama (president from Elenoise) ----- Biden (Vice president from Maryland)
Trump (president from New York) ----- Pens (vice president from Indiana)
Biden (president from Maryland) ----- Harris (vice president from California)
1. The Cabinet:
The first Congress under the new Constitution created the executive departments:
The Department of State (led by Thomas Jefferson as appointed by the President).
The Department of Treasury (led by Alexander Hamilton as appointed by the President.)
The Department of War (led by Henry Knox as appointed by the President.)
The head of the departments were acting like George Washington’s advisors; he used to consult them before taking any
decision. This is what gave birth to the presidential Cabinet. All this was achieved in just 6 months, from April to September
1789. It also created The Federal Judiciary and passed The Bill of Rights.
The Judicial Branch: The Judiciary Act of 1789 organized a Supreme Court with a chief of justice (John Jay) and 5
associates; 3 circuit courts of appeal; and 13 district courts. It also established the office of attorney general (Edmund
Randolf.
Obama’s Cabinet: Beside the vice president, the cabinet consisted of the heads of 15 executive departments: Department of
State, Dep of Treasury, Dep of Defense, Dep of Justice, Dep of Interior, Dep of Agriculture, Dep of Commerce, Dep of
Labor, Dep of Health and Human Service, Dep of Housing and Urban Development, Dep of Transportation, Dep of Energy,
Dep of Education.
Why did Genet take the cause directly to the people instead of the President?
America at that time was very weak and even with a president, this latter couldn’t enforce his attitude all over the
American states. Therefore, because Genet thought that the US President deserted France by abrogating the Franco-
American Treaty of Alliance, he tried to cause problems to the president.
3. The Red River Basin Cession (1818) (also known as: The London Convention, The Anglo-American
Convention, Convention of 1818, and Treaty of 1818):
A portion of the Canadian Territory was inside USA. Thus, USA and the UK wanted to settle this problem once and for all
by concluding a treaty between the two (the convention of 1818). This convention stated that the USA and UK would jointly
occupy the Oregon Territory (which lasted until 1846) and they both agreed to a boundary line (the 49 th parallel). What is
above belongs to UK and what is below belongs to USA. The land that was acquired by the USA in the treaty is known as
the Red River Basin, which today includes the states of Minnesota and North Dakota.