Joseph A. Montagna
This course of study of the U. S. Constitution conveys to students the basic principles of the supreme law of our nation. It is also an attempt to place this document in an historical perspective, in order to aid the students in their understanding that its development was a process which did not exist in isolation. The Constitution was a product of politics at its finest. It is my hope that the material which follows will be instrumental in making that point evident.
The narrative portion of this unit does not purport to contain the entire body of knowledge that is available on this subject. It is, however, intended as a resource, providing the teacher with the necessary background to feel comfortable in teaching the subject. A bibliography for teachers and students is included in the appendix. I would strongly recommend that the teacher familiarize himself with these materials beforehand.
A strategy that will aid in filling in any gaps that exist in the narrative and, at the same time, will help in sharpening the students’ reference/study skills is the research report. This technique requires the student to develop a bibliography on a particular topic, choose a book to read and write a report on that topic. The teacher may give such an assignment in a variety of ways that are appropriate for a wide range of students. This long-range type of assignment is easily tailored to suit the individual student’s needs. The teacher may also choose to require students to present their reports to class by way of an oral presentation.
The Articles of Confederation, predecessor of the U. S. Constitution, were the laws which loosely governed these United States that were fresh out of the Revolution. The strongest argument in favor of a strong central government was the manner in which these thirteen states were governing themselves as a nation. The Articles of Confederation left the government impotent in numerous critical areas that, if left unchecked, would have led to the early demise of this infant nation.
First, control of frontier lands appeared to be threatened by Spain and England; the former controlling the mouth of the Mississippi, and the latter controlling the western trading and trapping posts from Lake Champlain to Mackinaw. Also, the frontier lands to the west were moving further westward. Critical questions needed to be resolved concerning the control of these lands.
Second, no national currency existed. The problems arising from this are much too numerous to cover here. A class discussion around this question may be appropriate. Have students consider the problems that may exist with each state having a different form of currency.
Third, there was a critical need to regulate foreign and interstate trade. The states were no longer under the protection of Great Britain, nor were they allowed to compete with the former Mother country, as their ships were not even allowed into ports that were controlled by England.
In addition to the above, other differences existed from region to region which caused the states to retain total veto power over the existing central government, weak as it already was. Any state could exercise veto power over the will of the majority. Even the Revolution, itself, was a condition which acted as a wedge between the separate states and their growth into a unified nation, for the people did not want to create a tyrant of a different form than the one they overthrew. Therefore, they shied away from strong forms of central government.
The Articles provided for a weak central government which could not even raise the necessary funds to operate, possessed no executive or judicial branches to offer checks and balances against one another, and it could not command the power and respect neither domestically nor abroad.
Fraught with shortcomings, the Articles are, however, credited with a number of successes: the successful conclusion of the Revolution, the Treaty of Paris, the laying of the diplomatic foundation, establishing credit and a number of portions of its successor, the United States Constitution.
At Mount Vernon, the home of George Washington, Maryland and Virginia met in 1785 to discuss problems common to those states. This conference proved fruitful for them and demonstrated that states can act cooperatively. An invitation was sent to the remaining states to send delegates to a subsequent conference on state cooperation.
Only five states sent delegates to this convention at Annapolis, Maryland in 1786. This convention was, therefore, limited to discussion of the problems of the country under the Articles of Confederation. It ended with the delegates requesting the Confederation Congress to call for a convention of the states to meet in Philadelphia the following year “. . . to revise the Articles of Confederation.”
