Development of the Development of the ConstitutionConstitution

Something Must Be DoneSomething Must Be Done AOC stink AOC stink Annapolis ConventionAnnapolis Convention – 1786 – 1786

Originally meant to Originally meant to discuss trade regulationsdiscuss trade regulations Only five states show up Only five states show up Representatives agree – Representatives agree – Must discuss strengthening Must discuss strengthening the governmentthe government

Idea is popular among Idea is popular among statesstates

Background - The Constitutional Background - The Constitutional Convention of 1787Convention of 1787

Met in PhillyMet in Philly Examine and recommend changes to Examine and recommend changes to

the existing Articles of Confederationthe existing Articles of Confederation May – Sept 1787May – Sept 1787

Composition – Who was there?Composition – Who was there? Wealthy upper class, Wealthy upper class,

white menwhite men Selected by state Selected by state

legislatures, not legislatures, not popular votepopular vote

George Washington George Washington Ben FranklinBen Franklin Alexander HamiltonAlexander Hamilton James MadisonJames Madison Roger ShermanRoger Sherman

Notable names not Notable names not presentpresent

John Adams John Adams (minister to (minister to England) England)

Thomas Jefferson Thomas Jefferson (minister to France)(minister to France)

Regardless, there Regardless, there was a ton of political was a ton of political talent at this talent at this conventionconvention

Virginia DelegationVirginia Delegation Led by James MadisonLed by James Madison

Had every intention of Had every intention of creating a new creating a new constitutionconstitution

This is Virginia’s This is Virginia’s mission in Philadelphiamission in Philadelphia

Virginia PlanVirginia Plan crafted by Madisoncrafted by Madison presented by Edmund presented by Edmund

RandolphRandolph

Initial Decisions - The Initial Decisions - The Constitutional Convention of 1787Constitutional Convention of 1787

Presiding officer – George Presiding officer – George Washington – Why?Washington – Why?

__________________________________________________________ __________________________________________________________

Every state - one vote Every state - one vote Proceedings held in secret Proceedings held in secret

Concerned newspapers would Concerned newspapers would criticize decisions criticize decisions

Not democraticNot democratic The delegates want a government The delegates want a government

that was …that was … Firm, dignified, respected at Firm, dignified, respected at

home and abroadhome and abroad Strong against instability at Strong against instability at

homehome From the start, decided the A of C From the start, decided the A of C

were too flawedwere too flawed Virginians set the tone - Virginians set the tone -

introduced Virginia Planintroduced Virginia Plan They weren’t authorized to They weren’t authorized to

change AOC, but they did it change AOC, but they did it anyway anyway

Two PlansTwo Plans Virginia PlanVirginia Plan

Presented by Edmund Randolph – Gov from Presented by Edmund Randolph – Gov from VirginiaVirginia

Three branches – legislature strongestThree branches – legislature strongest Bicameral houseBicameral house

50% required to pass legislation50% required to pass legislation Strong federal governmentStrong federal government

Could veto state lawsCould veto state laws Smaller states object since they would have Smaller states object since they would have

no influenceno influence New Jersey PlanNew Jersey Plan

Proposed by William Paterson – delegateProposed by William Paterson – delegate Presented as a series of amendments to the AOC Presented as a series of amendments to the AOC Unicameral house Unicameral house Would create an executive, a judiciary, Would create an executive, a judiciary,

federal taxes, federal regulation of tradefederal taxes, federal regulation of trade But would require a unanimous vote to pass But would require a unanimous vote to pass

these taxes, trade regs these taxes, trade regs Larger states rejected since smaller states Larger states rejected since smaller states

would have equal powerwould have equal power

Centrist ViewCentrist View

The Virginia Plan became seen as a The Virginia Plan became seen as a centrist plan becausecentrist plan because NJ Plan was a glorified A of CNJ Plan was a glorified A of C Alexander Hamilton introduced the idea Alexander Hamilton introduced the idea

of a constitutional monarchyof a constitutional monarchy Far more conservative than the Virginia PlanFar more conservative than the Virginia Plan This was calculated to help Va. PlanThis was calculated to help Va. Plan

Connecticut Compromise Connecticut Compromise (Great Compromise)(Great Compromise)

Roger Sherman is the architect for this Roger Sherman is the architect for this planplan

Have a Legislature where the lower Have a Legislature where the lower house was popularly electedhouse was popularly elected assigned delegates based on population assigned delegates based on population House of RepresentativesHouse of Representatives

The Upper house would have equal reps The Upper house would have equal reps from each statefrom each state The SenateThe Senate Elected by state legislaturesElected by state legislatures

Only need 50% of the vote to pass Only need 50% of the vote to pass legislationlegislation

Model for our legislatureModel for our legislature

Federalist/Anti-FederalistFederalist/Anti-FederalistCompromisesCompromises

Independent v. Congressionally controlled judiciary Independent v. Congressionally controlled judiciary Executive Branch – Art. 2 – Series of compromisesExecutive Branch – Art. 2 – Series of compromises

Should there be an Executive Branch? How many Should there be an Executive Branch? How many executives? executives?

Control foreign policy, but Senate had to approve all Control foreign policy, but Senate had to approve all diplomats and treatiesdiplomats and treaties

President is C-in-C, but only congress can declare warPresident is C-in-C, but only congress can declare war Would there be a popular vote? - No wayWould there be a popular vote? - No way

The people are dummiesThe people are dummies Birth of electoral college Birth of electoral college

Slavery – CompromisesSlavery – Compromises

The framers built slavery into the fabric of our The framers built slavery into the fabric of our governmentgovernment

However, they are careful to never use the term However, they are careful to never use the term “slavery” in the Constitution.“slavery” in the Constitution.

1.1. 3/5 Compromise 3/5 Compromise 2.2. Slave Trade and Commerce ClauseSlave Trade and Commerce Clause

These items would pose big problems for those trying to These items would pose big problems for those trying to remove slavery in the future. remove slavery in the future.

Differences Between Articles and Differences Between Articles and Constitution…Constitution… Passing LegislationPassing Legislation

Constitution – simple majority – easier to get things doneConstitution – simple majority – easier to get things done A of C – two-thirdsA of C – two-thirds

ExecutiveExecutive Constitution – a single President – not a lot of power at first (would get Constitution – a single President – not a lot of power at first (would get

stronger)stronger) A of C – No executiveA of C – No executive

Power of the Federal GovernmentPower of the Federal Government Constitution – potentially strongConstitution – potentially strong A of C – very weakA of C – very weak

Amendment processAmendment process Constitution – 2/3 of both houses of Congress + ¾ of State conventionsConstitution – 2/3 of both houses of Congress + ¾ of State conventions A of C – virtually impossible - need a unanimous voteA of C – virtually impossible - need a unanimous vote

ConstitutionConstitution The Constitution is a less democratic documentThe Constitution is a less democratic document Takes power away from common votersTakes power away from common voters More aristocraticMore aristocratic Creates a stronger federal government – this is a danger in the eyes of Creates a stronger federal government – this is a danger in the eyes of

manymany

Ratification ProcessRatification Process

If two-thirds of the states ratify, the Constitution would go into If two-thirds of the states ratify, the Constitution would go into effecteffect

Every state had to go through a ratification process, hold a Every state had to go through a ratification process, hold a convention, and elect delegates to the conventionconvention, and elect delegates to the convention

This sets up two groups: the Federalists and the Anti- FederalistsThis sets up two groups: the Federalists and the Anti- Federalists

Federalists –vs- Anti-FederalistsFederalists –vs- Anti-Federalists Anti-FederalistsAnti-Federalists

Opposed ConstitutionOpposed Constitution More democraticMore democratic States rightsStates rights Wanted strong local government, not fed government Wanted strong local government, not fed government Small farmers, small business people, artisans. Small farmers, small business people, artisans. Felt they didn’t need a strong government to protect their interestsFelt they didn’t need a strong government to protect their interests Less funded, less educated, less organizedLess funded, less educated, less organized

FederalistsFederalists Supported ConstitutionSupported Constitution Most of the distinguished people in the countryMost of the distinguished people in the country George Washington, John Adams, Ben Franklin, Alexander Hamilton, John JayGeorge Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay Well-funded, well-organized, politically experiencedWell-funded, well-organized, politically experienced Wanted a strong federal governmentWanted a strong federal government Wanted a strong executiveWanted a strong executive Wanted a government that was respected abroad and at home Wanted a government that was respected abroad and at home

put down insurrectionsput down insurrections Act decisively – even if done by sacrificing some rightsAct decisively – even if done by sacrificing some rights

RatificationRatification Constitution was drafted and signed by 39 delegates on Sept 17, 1787Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan Some states were very pro-constitution and they ratified easily. Dec 1787-Jan

17881788 DelawareDelaware PennsylvaniaPennsylvania New JerseyNew Jersey GeorgiaGeorgia ConnecticutConnecticut

Other states followed between Feb – Jun in 1788Other states followed between Feb – Jun in 1788 MassachusettsMassachusetts MarylandMaryland S CarolinaS Carolina New HampshireNew Hampshire

Final group of fourFinal group of four NYNY N CarolinaN Carolina Rhode IslandRhode Island VirginiaVirginia

Why was 9 of 13 states, as Article VII stated was required, Why was 9 of 13 states, as Article VII stated was required, insufficient?insufficient?

Federalist PapersFederalist Papers 85 pamphlets & essays supporting 85 pamphlets & essays supporting

the Constitutionthe Constitution Written by Alexander Hamilton, James Written by Alexander Hamilton, James

Madison, & John JayMadison, & John Jay Cited in Constitutional interpretation Cited in Constitutional interpretation

debatesdebates Lens into the ideas of the founding fathers Lens into the ideas of the founding fathers

Large government would provide Large government would provide stability and securitystability and security Federalist #10 – How to create a strong Federalist #10 – How to create a strong

government while preserving freedomgovernment while preserving freedom Federalist #51 – Separation of powers and Federalist #51 – Separation of powers and

checks and balanceschecks and balances

Bill of RightsBill of Rights

Anti-federalists refused to sign the ConstitutionAnti-federalists refused to sign the Constitution Did not protect the people against the central Did not protect the people against the central

governmentgovernment Needed a statement of individual freedomsNeeded a statement of individual freedoms Required to prevent the country from falling into tyrannyRequired to prevent the country from falling into tyranny

Anti-federalists tried to influence state ratification Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper processes by writing pamphlets and newspaper articles articles They would often take on pseudonyms of the Roman They would often take on pseudonyms of the Roman

Republic, like Brutus Republic, like Brutus Some argued that the federal government would Some argued that the federal government would

degenerate into a tyrannical entitydegenerate into a tyrannical entity Federal Bill of Rights - #1 priority of the new Federal Bill of Rights - #1 priority of the new

CongressCongress