1. What were some of the results of the Revolution?
Why did Patriots divide into Federalists and Anti-
Federalists?
Describe compromises that helped establish a new
federal system.

2. p.140-141 Winning the Peace
p. 147 The Assumptions of Republicanism
p. 147-148 The First State Constitutions
p. 149 The Confederation
p. 160-168 Framing a New Government
p. 154-155 Debts, Taxes and Daniel Shays
(blackboard discussion material)

3. I. Results of the
Revolution
A. Independence – Treaty of Paris,
1783
B. Expulsion of Loyalists
C. Continued confiscation and closed
courts
D. Economic problems unresolved

4. II. Revolution and
Government
A. Representation in the state
governments
B. Constitution, Bills of Rights and the
Common Law
C. Articles of Confederation
• central government without customs duties revenue

5. A. Anti-Federalists
• 1. Revolution complete (satisfied that the goals of
1776 have been met)
• 2. Keep the Articles of Confederation
• 3. Continue confiscation of closed courts
• 4. Protect the interests of the majority
B. Federalists
• 1. Revolution incomplete (having goals for the country
beyond those of 1776)
• 2. Significant revision of Articles of Confederation or
replace with a new constitution
• 3. End confiscation and open the courts
• 4. Protect the interests of the minority (economic, not
social)

6. IV. Philadelphia
Convention
A. Federalists outmaneuver Anti-
Federalists
B. Madison and the Virginia Plan
C. Extreme and moderate Federalists

7. • 1. Representation in
A. Great Compromise – Congress
compromise agreed to in • 2. Division of power,
federalism (Constitution,
the Philadelphia Article 1, Section 8
Convention, part of the • 3. Supremacy – see
Constitution Constitution, Article VI,
• 1. Demanded by the Clause
Supremacy Anti-Federalists who had
stalled the Constitution ratification process
• 2. Federalists again outmaneuver Anti-
Federalists
B. Bill of Rights • 3. Compromise agreed to in state ratifying
conventions; ratify the Constitution on the
condition that, through Article V amendment
process, a bill of rights will be added to the
Constitution
• 4. Madison, 1st Congress amendments
proposed, to be ratified by the states –
• 1. Federalists: appeals on
Constitution, Bill of Rights
C. Judiciary Act of 1789 federal questions of law to the
Supreme Court
• 2. Anti-Federalists: “keep
justice close to home”
• a. Broad federal court
system
• b. Use of state courts

8. What were some of the results of the
Revolution?
Why did Patriots divide into
Federalists and Anti-Federalists?
Describe compromises that helped
establish a new federal system.

10. Independence – Treaty of 1783
 Very favorable to the United States
 No treaty possible until Spain and France agreed
to end hostilities against England
 Clear cut recognition of independence
 Cession of territory:
 Southern border of Canada to northern border of
(spanish) Florida; Atlantic Ocean to Mississippi
River

11. Expulsion of Loyalists
 100,000 fled the country
 Some fled to England (if they had the financial
means)
 Most went to Canada and established the first
English-speaking community in Quebec
 Most remained outside the country but some did
return to re-establish their lives after the anti-Tory
resentment died down

12. Continued Confiscation and closed
courts
 Confiscation of Loyalist land resulted in new
opportunities for patriots to acquire land and
influence
 “following this war, the new aristocracy will be
landowners…”

13. Economic problems unresolved
 Those who were wealthy before the war were
wealthy after the war
 Those who had social and political influence
before, held the same influence after

14. Representation in the state
governments
 Americans agreed that state governments would
be “republican” = system in which all power
comes from the people, not from a supreme
authority.
 “all men are created equal” meant that individual
talents would be recognized, not aristocracy of
their position at birth
 Some people would be wealthier than others
 all people would have to earn their success
 no equality of condition but rather equality of
opportunity
 This never fully came to fruition

15. Constitutions, bills of rights and
Common Law
 Most basic decision of all states was that their
constitutions were to be written
 Unwritten constitutions were vague and produce
corruption (England)
 All agreed that the power of the Executive must
be limited
 Some states limited the power of their state
governor more than others
 All states agreed that the governor would not hold a
seat in the state legislature
 Ensured separation of the two branches

16. Constitutions, bills of rights and
Common Law
 In 11 of 13 state constitutions the “upper”
chamber represented the “higher orders” of
society and did not embrace direct popular
election
 Common Law – from British practice; monarchy is
rejected but other British components injected
into state constitutions
 Habeus Corpus – release from detention/prison
when cause cannot be given for the detention
 Jury trials
 Various other civil liberties
 Note a certain irony here…one of the first acts of the newly
independent country was to adopt the law of the foreign
sovereign from whom independence had just been
gained…

17. Articles of Confederation
 A national government that has the power to:
 Conduct wars
 Establish foreign relations
 Issue money (print money)
 CANNOT – tax the people
 CANNOT – regulate trade among the states
 CANNOT – draft men into the regular army
 (see chart on specific powers of each branch)

18. Federalists outmaneuver Anti-
Federalists
 Virginia sent delegates who were very well
prepared for constructing a completely new
government from Philadelphia
 They had a detailed plan and used it to control
the convention

19. Madison and the Virginia Plan
 Edmund Randolph proposed a national
government that consisted of a Legislative,
Executive and Judicial branch
 Madison’s Virginia Plan stated the Legislative
branch should be made up of two houses
 The lower house representation would be based on
population
 The upper house representation would be based on
an election by members of the lower house
 No system of determining a set number of representatives
in this upper house
 Small states might not have any representatives in the
upper house under this format

20. Extreme and Moderate
Federalists
 Extreme Federalists believed the Central
government should control the majority of
workings within the country
 Moderate Federalists felt as if the states should
retain some sovereignty

21. Representation in Congress
 Proposal called for a legislature of two houses
 Lower house representation would be based on
population
 Slaves would also count as 3/5 of a free person in
determining population and taxation (Three-Fifths
Compromise)
 3/5 formula based on the belief that a slave was
only 3/5 as productive as a free worker and thus
contributed less to the wealth of the state
 Upper house representation would be equal with
each state having 2 representatives (New Jersey
Plan)

22. federalism
 used to describe a system of the government in
which sovereignty is constitutionally divided between
a central governing authority and constituent political
units (like states or provinces). Federalism is a
system based on democratic rules and institutions in
which the power to govern is shared between
national and provincial/state governments

23. Bill of Rights
 One of the very first pieces of business for the
new Congress
 They immediately began “filling in the gaps” in the
Constitution thus creating what we know and
refer to today as the “living constitution”
 Means it was designed to change with the changing
times

24. Bill of Rights
Demanded by Anti-Federalists
 Their demand was mainly on the behalf of small
states (less representation) to protect them from
Congress

25. Bill of Rights
 First Amendment – Establishment Clause, Free Exercise Clause;
freedom of speech, of the press, and of assembly; right to petition
 Second Amendment – Militia (United States), Sovereign state, Right to
keep and bear arms.
 Third Amendment – Protection from quartering of troops.
 Fourth Amendment – Protection from unreasonable search and seizure.
 Fifth Amendment – due process, double jeopardy, self-incrimination,
eminent domain.
 Sixth Amendment – Trial by jury and rights of the accused;
Confrontation Clause, speedy trial, public trial, right to counsel
 Seventh Amendment – Civil trial by jury.
 Eighth Amendment – Prohibition of excessive bail and cruel and
unusual punishment.
 Ninth Amendment – Protection of rights not specifically enumerated in
the Constitution.
 Tenth Amendment – Powers of States and people.

26. Capital moves south
 Congressional meetings (first and second
continental congress and the 1st official Congress
in 1789 under the Constitution) were held in New
York and Philadelphia
 Southerners wanted to move it closer to the south
 A compromise was reached (Hamilton v.
Jefferson)
 Federal government would agree to take on state
debts incurred from the war and debt that could not
be met under the Articles of Confederation
 Needed southern support to do this
 Moving the capital to “Foggy Bottom”, owned by
George Washington, was enough incentive for
southerners to agree to compromise

27. Broad federal court system
 Congress gave Supreme Court the power to
make the final decision in cases involving the
constitutionality of state laws

28. Use of state courts
 Act gave the federal court system power to
remove certain cases from the state court system
to be tried in federal court system
 13 district courts, one judge each
 3 circuit courts of appeals, one district judge and
two supreme court judges