The Constitution, the Articles, and Federalism: Crash Course US History #8

Summary

This episode of Crash Course U.S. History explores the creation of the United States Constitution, highlighting the shift from the weak Articles of Confederation to a stronger federal system. It discusses the Constitutional Convention's debates, the Great Compromise, the 3/5ths compromise, and the principles of separation of powers and federalism. The video also touches on the Federalist Papers and the Anti-Federalist perspective, emphasizing the ongoing debate over the size and role of government.

Takeaways

• 📜 The United States Constitution is a highly admired form of government worldwide, but it wasn't the first system the U.S. operated under.
• 🏛 The Articles of Confederation, established by the Continental Congress, was the first American government but was considered ineffective and lasted only 10 years.
• 🔴 The Articles of Confederation created a weak government structure with a single-house body of delegates and no president or judiciary.
• 🏦 The government under the Articles could not collect taxes and had to rely on states for revenue, leading to economic challenges and inability to manage debt.
• 🛑 Shays' Rebellion highlighted the failure of the Articles of Confederation to address economic crises and the need for a stronger national government.
• 📝 The Constitutional Convention in Philadelphia aimed to revise the Articles but instead drafted a new charter of government, the Constitution.
• 🤝 The Constitution introduced a government with three branches (executive, legislative, and judicial) and a system of checks and balances to prevent tyranny.
• 🌐 The Great Compromise resulted in a bicameral legislature with proportional representation in the House and equal representation in the Senate.
• 🔢 The 3/5ths Compromise determined how slaves would be counted for population and representation purposes, a contentious issue that reflected the era's racial and economic dynamics.
• 🗳️ The Electoral College was established as a mechanism to elect the President, aiming to prevent direct democracy and potential radicalism.
• 📚 The Federalist Papers, written by Hamilton, Madison, and Jay, were influential essays advocating for a strong national government and played a key role in the Constitution's ratification.

Q & A

What is the main topic of the video script?

The main topic of the video script is the United States Constitution, its creation, and the historical context surrounding it.

What was the first form of government in the United States?

The first form of government in the United States was the Articles of Confederation, which was established by the Continental Congress.

Why was the Articles of Confederation considered ineffective?

The Articles of Confederation was considered ineffective because it created a weak central government that could not collect taxes, enforce laws uniformly, or make decisions efficiently due to the requirement of a supermajority vote.

What significant event demonstrated the weaknesses of the Articles of Confederation government?

Shays' Rebellion in Massachusetts demonstrated the weaknesses of the Articles of Confederation government, as it showed the government's inability to handle domestic crises and collect taxes.

What was the Northwest Ordinance of 1787, and what was its importance?

The Northwest Ordinance of 1787 was a set of regulations for the establishment of new states from the territories west of the Appalachian Mountains and north of the Ohio River. It was important because it prohibited slavery in the new states and set a process for their admission to the Union.

What was the Great Compromise, and how did it resolve the conflict between large and small states?

The Great Compromise was an agreement reached during the Constitutional Convention that created a bicameral legislature with the House of Representatives having proportional representation based on population and the Senate providing two senators for each state, regardless of population.

What was the 3/5ths Compromise, and why was it significant?

The 3/5ths Compromise was an agreement during the Constitutional Convention that counted five slaves as three human beings for the purpose of determining a state's population for representation and taxation, which was significant as it gave slave states more political power without granting full representation to slaves.

What are the two main principles of the U.S. Constitution designed to avoid tyranny?

The two main principles of the U.S. Constitution designed to avoid tyranny are the separation of powers and federalism, which divide the government into three branches with checks and balances and distribute authority between the national and state governments, respectively.

What were the Federalist Papers, and who wrote them?

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay in support of the ratification of the U.S. Constitution. They argued for the necessity of a strong national government and addressed various concerns about the proposed Constitution.

What was the stance of the Anti-Federalists on the U.S. Constitution?

The Anti-Federalists opposed the U.S. Constitution, fearing that it would create a strong central government dominated by the wealthy and infringe upon states' rights and individual liberties. They advocated for smaller, more local governments that were more responsive to the people.

How did the framers of the Constitution address the issue of slavery in the document?

The framers addressed the issue of slavery indirectly in the Constitution through the 3/5ths Compromise and the fugitive slave clause, which required the return of escaped slaves to their masters, reflecting the political compromises necessary for the document's ratification.

Outlines

00:00

📜 Introduction to the U.S. Constitution

The video script begins with John Green introducing the topic of the United States Constitution and its development. It humorously addresses the misconception that other countries copied the American form of government, leading to a discussion of why this did not occur. The script then delves into the history of the Articles of Confederation, the first American government system, which was ineffective due to its weak structure and inability to collect taxes. The video outlines the limitations of the Articles, including the lack of a president or judiciary, and the requirement for supermajority votes for decision-making. It also touches on the significant accomplishments of the Articles, such as the Northwest Ordinance of 1787, which established a process for creating new states and prohibited slavery in those states.

05:02

🏛 The Constitutional Convention and the Great Compromise

This section of the script discusses the delegates' desire for a stronger national government during the Constitutional Convention in Philadelphia. It highlights the agreement on the separation of powers into executive, legislative, and judicial branches, and the preference for a republican form of government with representatives. The script addresses the conflicts between large and small states over representation, leading to the Great Compromise which created a bicameral legislature with proportional representation in the House and equal representation in the Senate. It also covers the contentious issue of how to count slaves for representation purposes, resulting in the 3/5ths compromise, and the inclusion of a fugitive slave clause in the Constitution. The section concludes with an explanation of the principles of separation of powers, checks and balances, and federalism as mechanisms to prevent tyranny in the new government.

10:07

🗳️ Ratification Debates and the Federalist Papers

The final paragraph of the script focuses on the ratification process of the Constitution and the ideological battle between Federalists and Anti-Federalists. It describes the Federalist Papers, a series of essays written by Alexander Hamilton, James Madison, and John Jay, which argued for the necessity of a strong national government. The script also presents the Anti-Federalist perspective, which was more aligned with common people and small farmers who feared a powerful government dominated by the wealthy. Anti-Federalists advocated for smaller, more local governments that were more responsive to the people. The script concludes by emphasizing that the Constitution was a starting point, with its details to be worked out over time, and invites viewers to engage with historians in the comments for further discussion on American history.

Keywords

💡United States Constitution

The United States Constitution is the supreme law of the United States, outlining the structure and function of the federal government. It is central to the video's theme, as it discusses the Constitution's creation and its role in shaping the American government. The script mentions the Constitution's establishment of a stronger national government compared to the previous Articles of Confederation.

💡Articles of Confederation

The Articles of Confederation was the first constitution of the United States, in effect from 1781 to 1788. The video describes it as a weak form of government that was unable to effectively govern, leading to its replacement by the U.S. Constitution. It is used as a point of comparison to highlight the improvements made in the new Constitution.

💡Separation of Powers

Separation of powers is a fundamental concept in the U.S. Constitution that divides the government into three distinct branches: legislative, executive, and judiciary. The script explains how this principle was adopted to prevent tyranny and ensure that each branch can check the power of the others, as seen in the Constitution's structure.

💡Federalism

Federalism is the political concept in the U.S. Constitution where power is divided between the national government and state governments. The video discusses federalism as a means to balance authority and protect individual liberties, with the Constitution enumerating specific powers to the federal government and leaving others to the states.

💡3/5ths Compromise

The 3/5ths Compromise was a provision in the U.S. Constitution that counted five slaves as the equivalent of three free persons for purposes of taxation and representation. The script refers to this as a notorious part of the Constitution that reflects the contentious issue of slavery and its influence on representation in government.

💡Virginia Plan

The Virginia Plan was a proposal during the Constitutional Convention that called for a bicameral legislature with representation based on population. It is mentioned in the script as a point of contention between large and small states, highlighting the debate over representation that led to the Great Compromise.

💡New Jersey Plan

The New Jersey Plan was an alternative to the Virginia Plan that called for a unicameral legislature with equal representation for all states. The video describes it as an unsuccessful proposal that was overshadowed by the Great Compromise, which combined elements of both plans.

💡Great Compromise

The Great Compromise was a resolution reached during the Constitutional Convention that led to the creation of a bicameral legislature with the House of Representatives and the Senate. The script explains how this compromise addressed the conflict between large and small states over representation.

💡Electoral College

The Electoral College is the process by which the President of the United States is elected, as established in the Constitution. The video discusses the Electoral College as a mechanism to balance direct democracy with a more elite selection process, aiming to prevent the 'rabble' from having too much influence over presidential elections.

💡Federalist Papers

The Federalist Papers are a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay in support of the ratification of the U.S. Constitution. The script highlights these papers as persuasive arguments for a strong national government and their influence on the Constitution's eventual ratification.

💡Anti-Federalists

Anti-Federalists were individuals who opposed the ratification of the U.S. Constitution, fearing a strong national government would undermine state sovereignty and individual liberties. The video describes their concerns and the ideas they represented, which were significant in the debate over the Constitution's ratification.

Highlights

Introduction to the U.S. Constitution and its global influence.

The Articles of Confederation's limitations and its role as the first American government.

The 'firm league of friendship' description of the Articles of Confederation.

The lack of a president and judiciary in the Articles of Confederation.

The requirement of a supermajority for decisions under the Articles of Confederation.

The government's inability to collect taxes under the Articles of Confederation.

The Northwest Ordinance of 1787 and its establishment of a process for new states.

The prohibition of slavery in the states created by the Northwest Ordinance.

The financial crisis under the Articles of Confederation leading to Shays’ Rebellion.

The Annapolis Convention and the call for a revised national government.

The drafting of the U.S. Constitution in Philadelphia by 55 delegates.

The Great Compromise in the Constitutional Convention addressing representation issues.

The 3/5ths compromise and its inclusion in the Constitution.

The principles of separation of powers and federalism in the Constitution.

The Electoral College system and its intention to prevent direct democracy.

The ratification process of the Constitution and the Federalist Papers' role.

The Anti-Federalist perspective on the dangers of a strong national government.

The enduring legacy and adaptability of the U.S. Constitution.

The production credits and invitation for audience engagement with historians.

Transcripts

Hi, I’m John Green, this is Crash Course U.S. History, and today we’re going to talk about the United States Constitution.

And, in doing so, we’re going to explore how the American style of government became the envy of the entire world, so much so that everyone else copied us.

What’s that, Stan?

We’re not gonna talk about other countries stealing our form of government?

Because no other country stole our form of government?

That – that doesn’t seem possible, Stan.

[Patriotic Rock Music]

No, Stan, not the Libertage, cue the intro!

[Theme Music]

So, today we’re going to learn why the green areas of not-America didn’t copy us.

All right, so as Americans may dimly remember from history classes, the Constitutional system we’ve been living under since 1788, the year of the first Presidential election, was not the original American government.

The first government set up by the Continental Congress was called the Articles of Confederation and it was, in a word: Bad.

In two words, it was not good, which is why it only lasted 10 years.

The problem with the confederation is that it wasn’t so much a framework for a national government as it was a “firm league of friendship,”

which unfortunately only sounds like a team of Care Bear Superheroes.

The Articles set up a “government” that consisted of a one-house body of delegates, with each state having a single vote, who, acting collectively, could make decisions on certain issues that affected all the states.

There was no president and no judiciary.

You can try to tell me that John Hanson, the president of the congress, was the first American president, but it’s just not true.

Any decision required 9 of the 13 congressional votes, which pretty much guaranteed that no decisions would ever be made.

Ahh, super majorities: Always so efficient.

But besides the 2/3rds requirement, the Congress was very limited in what it could actually do.

The government could declare war, conduct foreign affairs and make treaties – basically, the stuff you need to do to go to war with England.

It could coin money, but it couldn’t collect taxes; that was left to the states.

So if you needed money to, say, go to war with Britain, you had to ask the states politely.

The articles could be amended, but that required a unanimous vote, so zero amendments were ever passed.

The government was deliberately weak, which followed logically from Americans’ fear of tyrannical governments taxing them and quartering soldiers in their houses and so on.

But here’s the thing, weak government is like nonalcoholic beer: It’s useless.

That said, the Articles government did accomplish a couple things.

First, it won the war, so, yay – unless you were a slave or a Native American, in which case, you know, probable boo.

Second, the government developed rules for dealing with one of the most persistent problems facing the new nation: Ohio.

Which was called the northwest, presumably because it is north and west of Virginia.

Getting control of the land meant taking it from the Indians who were living there, and the Articles government was empowered to make treaties, which it did.

Crash Course World History fans will remember the Athenians telling the Melians that “the strong do as they can and the weak suffer what they must,”

and the Americans definitely went to the Athenian School of Treaty-Making.

Through treaties signed at Fort Stanwix and Fort McIntosh, the Indians surrendered land north of the Ohio River.

The biggest accomplishment of the Articles government was the Northwest Ordinance of 1787, which set up a process to create 5 new states between the Ohio and Mississippi rivers.

Two things to know about this: first, it acknowledged that American Indians had a claim to the land and that they had to be treated better if settlers wanted to avoid violence.

And second, Stan, can I get the foreshadowing filter? Yes, perfect.

The ordinance outlawed slavery in all five of the new states.

Still, the Articles government was a complete disaster for exactly one reason: It could not collect taxes.

Both the national government and the individual states had racked up massive debt to pay for the war, and their main source of revenue became tariffs, but because Congress couldn’t impose them, states had to do it individually.

And this made international trade a total nightmare, a fact worsened by the British being kinda cranky about us winning the war and therefore unwilling to trade with us.

In 1786 and 1787, the problem got so bad in Massachusetts that farmers rose up and closed the courts to prevent them from foreclosing upon their debt-encumbered farms.

This was called Shays’ Rebellion, after Revolutionary War veteran and indebted farmer Daniel Shays.

The uprising was quelled by the state militia, but for many, this was the sign that the Articles government, which couldn’t deal with the crisis at all, had to go.

But not for everyone; Thomas Jefferson, for instance, was a fan of Shay’s Rebellion.

“A little rebellion now and then is a good thing.

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Which is all fine and good, I mean, unless you’re the bleeding patriots or tyrants.

But to most elites, Shays’ Rebellion showed that too much democratic liberty among the lower classes could threaten private property.

Also, people who held government bonds were nervous, because without tax revenue, they were unlikely to get paid back.

And when rich people feel like something has to be done, something is usually done.

Let’s go to the Thought Bubble.

The first attempt to do something was a meeting in Annapolis in 1786 aimed at better regulating international trade.

Only six states sent delegates, but they agreed to meet the next year in Philadelphia to “revise” the Articles of Confederation.

The delegates who met in Philly the next year had a funny definition of “revision,” though.

Rather than make tweaks to the articles, they wrote a new charter of government, the Constitution, which is, with some significant alterations, the same one that Americans live under and argue about today.

Despite what some seem to believe, the 55 men who met in Philadelphia and hammered out a new form of government were not gods, but they were far from ordinary, especially for the time.

Most were wealthy, some very much so.

More than half had college educations, which was super rare since .001% of Americans attended college at the time.

About 40% had served in the army during the war.

But, one thing they all shared was a desire for a stronger national government.

The delegates agreed on many things:

the government should have executive, legislative, and judicial branches;

and should be republican, with representatives, rather than direct democracy.

But the devil appeared in the details.

Alexander Hamilton, probably the biggest proponent of very strong government, wanted the President and Senate to serve life terms, for example.

That idea went nowhere because the overarching concern of almost all the delegates was to create a government that would protect against both tyranny by the government itself and tyranny by the people.

They didn’t want too much government, but they also didn’t want too much democracy, which is why our Presidents are still technically elected not directly by regular people but by 538 members of the Electoral College.

This system is so byzantine and strange that when American politicians speak of spreading democracy through the world, they never actually advocate for American-style elections.

Thanks, Thought Bubble.

Yes, I know, you have fantastic elections in Canada.

Yeah, right, OK. All that too. I get it, OK?

It’s U.S. History, Thought Bubble.

So conflicts between competing interests arose quickly at the Constitutional Convention in Philadelphia.

The first being between states with big populations and those with small populations.

Large states supported James Madison’s Virginia Plan, which called for a two-house legislature with representation in both proportional to a state’s population.

And smaller states, fearing that the big boys would dominate, rallied behind the New Jersey plan.

[muttered] New Jersey.

This called for a single legislative house with equal representation for each state, as with the Articles of Confederation.

But, of course, coming from New Jersey, it had no chance of succeeding, and sure enough, it didn’t.

Instead we got the Great Compromise, brokered by Connecticut’s Roger Sherman, which gave us two houses:

a House of Representatives with representation proportional to each state’s population, and a Senate with two members from each state.

House members, also called Congressmen, served two year terms while Senators served six year terms, with 1/3 of them being up for election in every 2 year cycle.

The House was designed to be responsive to the people, while the Senate was created to never pass anything and it was so masterfully designed that it still works to this day.

However, this solution created another problem: Who should be counted in terms of representation?

Slaveholding states wanted slaves to count toward their population, even though of course they could not vote, because they were property.

States with few slaves argued that slaves shouldn’t be counted as people because, just to be clear, none of these dudes were not racist.

This issue was solved with the notorious 3/5ths compromise.

For the purpose of determining the population, the total number of white people plus 3/5ths the population of “other persons” – the word “slave” was never used – would be the basis for the calculation.

So yeah, that’s still in the Constitution.

The Constitution also contains a fugitive slave clause requiring any escaped slave to be returned to their master.

And this meant that a slave couldn’t escape slavery by moving to a state where slavery was outlawed, which meant that on some level some states couldn’t enforce their own laws.

Spoiler alert: this becomes problematic.

But except for the tyranny of slavery, the framers really hated tyranny.

To avoid tyranny of the government, the Constitution embraced two principles: Separation of powers and federalism.

The government was divided into three branches – legislative, executive, and judiciary, and the Constitution incorporated checks and balances: each branch can check the power

The legislature can make laws, but the president can veto those laws.

The judiciary can declare laws void, too, but that’s a power they had to grant themselves.

You won’t find it in the Constitution – I promise, you can look for it.

And federalism is the idea that governmental authority rests both in the national and the state governments.

As an American, I am a citizen both of the United States and of the state of Indiana.

And the national government, the one set up by the Constitution, is supposed to be limited in scope to certain enumerated powers.

Most other powers, especially the protection of health, safety and morals, are left to the states.

But the Constitution also seeks to protect against the radicalism that too much democracy can bring.

The mostly rich framers worried that the people, many of whom were poor and indebted, might vote in congress people, or God forbid a President, in favor of, like, redistribution of property.

To hedge against this, senators were elected by the states, usually by state legislatures, and they were supposed to be, like, leading citizen types.

You know, the kind of good Americans who take bribes and have adulterous affairs in airport bathrooms and patronize prostitutes and shoot Alexander Hamilton.

Anyway, the other hedge against too much democracy is the aforementioned Electoral College, which many Americans hate because it has the potential to elect a president who did not win the popular vote, but that’s kind of the point.

The electors were supposed to be prominent, educated men of property who were better able to elect a president than, like, the rabble.

But, the Constitution of the United States is a really impressive document, especially when you consider its longevity.

I mean, as Crash Course World History fans will remember, the nation-state is pretty new on the historical scene, and the United States established by the Constitution, is actually one of the oldest ones.

But the Constitution would be meaningless if it hadn’t been ratified, which it was, but not without a fight that helped clarify America’s political ideology.

9 out of the 13 states were required to ratify the Constitution in special conventions called for the purpose.

In order to convince the delegates to vote for it, three of the framers, Alexander Hamilton, James Madison, and John Jay wrote a series of 85 essays that together are known as the Federalist Papers.

Taken together, they’re a powerful and ultimately persuasive argument for why a strong national government is necessary and ultimately not a threat to people’s liberty.

Oh, it’s time for the Mystery Document?

The rules here are simple.

If I name the author of the Mystery Document, shock as in surprise. If I don’t shock as in [gurgling noise]

All right, Stan, let’s see what we’ve got here.

“If circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.

This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.”

Federalist Papers. Alexander Hamilton. [dinging noise] YES.

Too easy, Stan, although I appreciate the opportunity for a rant.

The whole idea of the Second Amendment was that the people could protect themselves from a standing army by being equally well-armed.

Which, these days, would mean not that citizens should have the right to buy assault rifles, but that they should have the right to buy, like, unmanned drones.

And arguably, suitcase nukes.

And by the way, in the Constitution, this is not listed as a privilege, it is listed as a right.

And, as a right, if I can’t afford my own predator drone, I guess the government should buy one for me.

It’s almost as if Alexander Hamilton had no way of knowing that weaponry would one day advance past the musket.

P.S. You know how Alexander Hamilton died?

GUNSHOT. Sorry, I just, I had to.

I am on a roll.

So, it would be easy to ignore the people who opposed the Constitution because, you know, they lost.

But some of the ideas of these so-called Anti-Federalists were particularly powerful, and they deserve a bit of attention.

Anti-Federalists, unlike the mostly wealthy federalists, were usually supported by common people, small farmers who weren’t as involved in commercial activity.

They saw less need for a strong national government that would foster trade and protect creditors.

And, the Anti-Federalists were very afraid of a strong government, especially one dominated by the wealthy.

Writers like James Winthrop held that a large group of united states would be like an empire and “that no extensive empire can be governed upon Republican principles.”

As evidence, he could point to Britain, or all the way back to Rome.

Smaller, more local governments, are more responsive to the people and better able to protect their rights.

To the Anti-Federalists, that meant state governments.

And while ultimately the Federalists won out and the Constitution was ratified, the issue of how large government should be did not go away.

So, the Constitution was really only a starting point.

It’s a vague document, and the details would be worked out in the political process.

And then on the battlefield.

Thanks for watching. I’ll see you next week.

Crash Course is produced and directed by Stan Muller.

Our script supervisor is Meredith Danko.

The show is written by my high school history teacher, Raoul Meyer, and myself.

Edited by Stan and Mark Olsen.

The associate producer is Danica Johnson.

And our graphics team is Thought Bubble.

If you have questions about today’s video, or anything about American history, good news:

there are historians in comments, so ask away.

Thanks for watching Crash Course and as we say in my hometown, Don’t Forget To Be Awesome.