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Independence Hall in Philadelphia

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Thomas Jefferson drafted the Declaration of Independence

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on July 4, 1776 congress met here and approved it

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that was the beginning of the American nation

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after the Declaration came the Revolutionary War

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1781: ratification of the Articles of Confederation

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the first, but failed, attempt at a national government

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1787 delegates from 12 states meet again at Independence Hall

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to propose revisions to the articles

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what emerged after months of deliberation, was the constitution

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Declaration of Independence

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a statement of two foundational principles

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1. a statement of values

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all men are created equal

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they are endowed by their Creator with certain unalienable Rights

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odd wording coming from slave holders

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we'll see how this unresolved tension between the Declaration and slavery colors American history

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2. a theory of government

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governments are created to secure these rights

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when governments don't protect these rights, when they oppress people, then the people have a right to change their government

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this is a surprising statement for the signers to make

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it does seem to justify their rebellion, but it would also justify a slave rebellion

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certainly the American slaves could say that the government was not protecting their rights

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it's a particularly surprising thing to say to a king, to King George

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government authority, the Declaration says, comes from the consent of the governed: your power comes from us, and we're taking it back

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according to King George, this is treason

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if the Americans lose the war, they will be considered traitors and be executed

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so a ragtag rebel alliance takes on a vast and power empire

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that works out well in the most movies but not so much in real life

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and yet somehow, with some help from the French and the Spanish, the American colonists win

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lesson learned:

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faraway states can stand up to protect the rights of (some of) their citizens

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Articles of Confederation

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in creating it, they were worried about a tyrannical national government

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their solution was to create a government that is took weak to be a tyrant

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something like the United Nations

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there is a legislature called congress

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each state gets one vote as in the United Nations

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congress can make laws, but it can't enforce them

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no executive branch

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no judicial branch

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congress can't require individuals to do anything

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it can act on the states

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it can ask them to do things like pay their revolutionary war debts, but it can't force them to

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it can't tax

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the states were basically still independent countries

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they have their own currencies

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they don't get along that well, many disputes

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lesson: the national government must be strong enough to govern

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states in general look after their own citizens, but they may mistreat the citizens of other states

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states may not contribute to the collective good of the nation the way they should

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the national government has to be strong enough to keep them in line and make them do what they are supposed to do

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the colonies were revolting against a monarchy and a parliament

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they wanted to prevent any institution from having that kind of power over their lives again

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the states saw themselves more as sovereign nations

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1787: congress meets to consider changes to the articles

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changes are all that the articles allow

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changes require unanimous consent, even the smallest state can block it

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when they meet, the first thing they decide is that they are not going to do revisions, they are going to create a new constitution

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in wanting to do away with the current government, this was like Declaration, and the Declaration was treason

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they are going to wipe out the Articles of Confederation, in effect, wipe out the existing government

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illegal is too strong of a word, but what they wre doing was not permitted under the Articles of Confederation itself, which declared that the states' union shall be perpetual and that any change shall be unanimous

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yet the constitution declared that it would binding if 9 of 13 states ratified it

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the delegates had no authority under the previous system of government to do what they were doing

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this wasn't supposed to be a constitutional convention, it was supposed to be a tweaking convention

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the third day of the convention, Edmund Randolph stands up and says, "Virginia thinks we should throw out the Articles of Confederation and write a new constitution"

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so on the third day of a convention with the purpose to make recommendations to the Articles of Confederation, the delegates overthrow the United States government

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was this treason?

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there really was no sovereign against which to commit treason

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the Declaration of Independence was treason, a slap in face to King George

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tossing out the Articles of Confederation, who will be upset?

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Rhode Island is the answer: it has a veto under the Articles of Confederation, they like the veto and have used it a lot

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now the constitution is going to take it away

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King George was a real threat, Rhode Island wasn't