Anglais 6

Chapter 2 : A new nation rises
I. The problems of peace
A
In 1777, Before the constitution, Congress suggested that the colonies should have their own government, and by the Revolution, every states had their own constitution. Regarding Massachusetts, the states didn’t change it’s constitutition until 1787. Most of the Constitutions integrated democratic ideals, but didn’t change everything, they keep some of their former colonial experiences. In every single states, there were a Bill Of Rights. In this connection, The Virginia Bill of Right served as a model for all the other states. Right to trail by jury, freedom of the press. The right of trial by jury had been guaranteed in Britain in 1679 by the Habeas Corpus. The cause for arrest had to be clarly stated. The person accused had the right of being defensed by a lawyer.
The power of the governers was disminished. Only 2 states let them had a veto upon the laws.
IN most states, the juges had to be chosen by the law makers.
The power to govern belonged to the people.
Control of the government by the people.
People= property owners. => not a fully democratic assembly. If you aren’t a property owner, you can’t vote or be eligable

B. Social changes

Great Break Up in the land holdings.
Families who held huge parts of lands (Penn, Calverts) saw their land taken and sold to small farmers.
In the Virginia Bill of Rights, the Separation of Church and State was established and became stronger after the Independance. This separation was a struggle lead by Thomas Jefferson
“No man shoul be compelled (obliged) to frequent and support any religious worship, place or ministry whatever.”
ð The fact that that the State Constitution separate State and Church, lead people to separate Church and State in the Federal Constitution. Even if it seems that Religion is important in the federal Constitution, Church and State ARE separated (Bush is unconstitutional)

Concerning Slave trade, Every State execpt Georgia had, within 10 years, stopped or controlled Slave Trade. The North made Slavery disappeared.
In the South, it didn’t disappeared because many plantation owners considered that slavery wasn’t a good thing, but was necessy.
Jefferson himself had slaves. The Constitution needed to deal with that.
The aristocracy survived the Revolution, America still was a class society.
Revolution installed representative Democracy, democratic habits...

II. A weak union
A. The articles of Confederation: 1781.

After 1776, it became clear that if the 13 States could win the war if they achieve a real union.
Each State declared Independance, but they weren’t united. The States needed a firm league of friendship, more than an union. If there had been a real union, there woudn’t be any need for a Constitution. The articles of Confederation were sufficiently creditable to serve as a governing document which held the USA in a tenuous nationhood between 1781 and 1789. It was an approximation of a Constitution. The Secon Continental Congress presented a plan for a stronger union. All the stes except Maryland ratified the articles and it entered in operation in 1781.
They covered the period of the end of the revolution war, the deal for peace, and the incontested independance.
These articles set up stronger central government (but without taking any power away from the States) Actually, the new government had nearly the same power that the Second Continental Congress. An assembly, each state sent a number of delegates (from 2 to 7) Each States only had One vote, if they had 2 or 7 delegates was the same. The idea was to make sure that each state was equal, (Rhode Island equal to Virginia)
On all important matters, 9 States were to agree to take a resolution ( ¾) In theory, the power of Congress were huige. Power to declare war, to raise an army a navy, to make commercial treaties, to borrow money, to control the value of money.
It couldn’t enforce it’s will upon recalcitrant States nor tax on it’s own name.
The difficulties were that central government remains much too weak. Congress had no power directly on taxes. Money is the sinews of war.
ð No way to enforce the laws of Congress
ð No Executive power
ð Powerless president, elected for a year.
The article didn’t provide a jury for disputes between States (ex: over interstates commerce)

B. Economic difficulties

After the Revolution, the US economy was dreadful. Britain did not allow Us ships freely to enter it’s ports. British shut US out of the West Indies. Shipping suffered a lot and Congress had no power to take resolution against other contries. The took other markets (in China and other European Countries)
The farmers were in huge difficulties because they couldn’t export their produce. The markets were shrinking. Farmers couldn’t pay their debts (1/3 of their possession) In summer 1776, captain Shay lead a rebellion in Springfield. This group of people try to control the State court, They were angry and pushed by thei families. The Massachusetts’militia took down the rebellion. In fact, Captain Shay and his supporters were never punished and were pardonned by the governor, Hankcock.
Show a risk of Civil war among the States.
A New legislation elected reduced the taxation.
People believed that law and order was breaking down, that it was the fault of the articles of Confederation, which had not enough power to be adapted to the difficulties of the situation.
(Similar to EU nowadays)
Need for a greater central power.

C. Training for Democracy

We can’t underestimate the achievement of these articles
ð it managed for a sort aof national direction for the establishment of peace
ð Lasted 9 years
ð for waging a war
ð passed 2 laws which settled the problems of providing for a land policy and a suitable government for the North West ordinancy (1784-1785-1787)

Incentive to migration: guaranteed that the new territories would eventually reach equal status with the 13 states.
North West territory was to be divided into no less than “ and no more than 5 territories. When these territories would have a population of 60000 people, they could have a Constitution and ask to become part of The Union.
It set up a lawful way to enter the Union