The Constitutional Convention The Constitutional Convention (May-Sept. 1787)(May-Sept. 1787)

J.A.SACCOJ.A.SACCO

Why a Constitutional Convention?Why a Constitutional Convention?

““Experience has taught us Experience has taught us that men will not adopt and that men will not adopt and carry into execution carry into execution measures-the best calculated measures-the best calculated for their own good-without for their own good-without the intervention of a coercive the intervention of a coercive power”.power”.

G.WashingtonG.Washington

Why a Constitutional Convention?Why a Constitutional Convention?

Republicanism went to far?Republicanism went to far?

Less Locke More Hobbes

Need more guidance under a central poweror more Shay’s Rebellionswill occur.

Dissatisfied Groups in the U.S.Dissatisfied Groups in the U.S.

Merchants- need regulation of Merchants- need regulation of commercecommerce

Manufacturers- tariffs against foreign Manufacturers- tariffs against foreign goodsgoods

Land Speculators- protection from Land Speculators- protection from Native Americans to open up settlementNative Americans to open up settlement

Bondholders- stable currency for debt Bondholders- stable currency for debt repaymentrepayment

Businessmen- curb inflation to promote Businessmen- curb inflation to promote businessbusiness

First Steps to Reform the Articles of First Steps to Reform the Articles of ConfederationConfederation

1785- Mount Vernon Convention1785- Mount Vernon Convention

VA, MD, PA, DE, discuss the problems ofinterstate commerce.

First Steps to Reform the Articles of First Steps to Reform the Articles of ConfederationConfederation

Sept. 1786 –Annapolis ConventionSept. 1786 –Annapolis Convention

Only five states- Hamilton urges all states to meet in Philadelphia in May 1787 to remedy defects of the Articles.

Constitutional Convention (May-Sept Constitutional Convention (May-Sept 1787)1787)

55 delegates from all states except 55 delegates from all states except R.I.R.I.

Called “Nationalists”- these were Called “Nationalists”- these were men of distinction/talent. men of distinction/talent. Conservative men of property who Conservative men of property who wanted a stable/stronger central wanted a stable/stronger central government.government.

Cast of Characters

Areas of AgreementAreas of Agreement

Scrap Articles of Confederation- draw up Scrap Articles of Confederation- draw up new basic lawnew basic law

New gov’t should still be New gov’t should still be republicanrepublican in form, in form, with a chief executive to be elected by with a chief executive to be elected by people or representatives (checks/balances)people or representatives (checks/balances)

Gov’t based on majority (popular Gov’t based on majority (popular sovereignty), but still protect the rights of sovereignty), but still protect the rights of the minoritythe minority

Need a strong centralized gov’t that had Need a strong centralized gov’t that had the power to tax, regulate interstate the power to tax, regulate interstate trade/foreign commercetrade/foreign commerce

A Question of Representation?A Question of Representation?

Virginia PlanVirginia Plan• Bicameral Bicameral

legislaturelegislature• Representation Representation

based on based on populationpopulation

New Jersey PlanNew Jersey Plan• Unicameral Unicameral

legislaturelegislature• Representation is Representation is

equal for all statesequal for all states

How is representation in Congress going to be determined?

The Great CompromiseThe Great Compromise

Creates a bi-cameral legislature.Creates a bi-cameral legislature.

CONGRESSCONGRESS

House of Representatives•Based on state population

Senate•2 per state

3/5 Compromise3/5 Compromise

NorthNorth• Not count toward Not count toward

population, but population, but count toward taxescount toward taxes

SouthSouth• Count toward Count toward

population, not population, not count toward taxescount toward taxes

Since the House of Representatives in based on a states population, should slaves count toward that states population?

Slaves count for 3/5ths a person for both population and taxes.

Commerce, Tariffs, and the Slave Commerce, Tariffs, and the Slave TradeTrade

NorthNorth• New government New government

to have the power to have the power to regulate all to regulate all interstate and interstate and foreign tradeforeign trade

SouthSouth• Feared being Feared being

outvoted on trade outvoted on trade regulation by more regulation by more populous North. populous North. South opposed South opposed taxes on taxes on imports/exports. imports/exports. Would hurt tobacco Would hurt tobacco trade. Not want trade. Not want interference on interference on slave trade.slave trade.

Commercial CompromiseCommercial Compromise

For the SouthFor the South• 2/3 vote of Senate required for 2/3 vote of Senate required for

ratification of treatiesratification of treaties• No export taxes imposed by CongressNo export taxes imposed by Congress• Could not prohibit the slave trade for Could not prohibit the slave trade for

20 years (1808)20 years (1808)• Fugitive Slave Act created. Free Fugitive Slave Act created. Free

states return runaways to Southstates return runaways to South

Commercial CompromiseCommercial Compromise

For the NorthFor the North• Congress could regulate interstate Congress could regulate interstate

commerce by a simple majority vote commerce by a simple majority vote in Congress and tax imports (tariffs)in Congress and tax imports (tariffs)

Power of the PresidentPower of the President

Strong ExecutiveStrong Executive• Control foreign policyControl foreign policy• Power to veto Power to veto

CongressCongress• 4 year term/ no term 4 year term/ no term

limitlimit

Weak ExecutiveWeak Executive• Congress power to Congress power to

impeachimpeach• To check excesses of To check excesses of

democracy, Executive democracy, Executive to be elected by an to be elected by an electoral college electoral college (equal to # members (equal to # members in House and Senate)in House and Senate)

• No majority of No majority of electoral college- electoral college- elected by House.elected by House.

Power of the PresidentPower of the President

Which parts of the proposals were Which parts of the proposals were accepted for the compromise of Chief accepted for the compromise of Chief Executive?Executive?

Federalists/Anti-FederalistsFederalists/Anti-Federalists

FederalistsFederalists Anti-FederalistsAnti-Federalists

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists

Federalists:Federalists: Wealthy, often powerful/ Wealthy, often powerful/

propertied classpropertied class Lived in settled areas, Lived in settled areas,

on coast- more on coast- more regulation of traderegulation of trade

EducatedEducated Controlled the pressControlled the press Felt a strong central Felt a strong central

government would best government would best serve the nation without serve the nation without sacrificing the interests sacrificing the interests of the states.of the states.

Federalists vs. Anti-Federalists Federalists vs. Anti-Federalists

Anti-Federalists:Anti-Federalists: Included many Included many

revolutionariesrevolutionaries Mainly people devoted Mainly people devoted

to states rights, lived to states rights, lived in backcountry, small in backcountry, small farmers/debtorsfarmers/debtors

Believed Constitution Believed Constitution was plot by upper class was plot by upper class to get even more to get even more power from common power from common folk. folk.

Criticized Constitution Criticized Constitution for taking away for taking away freedom of states and freedom of states and individuals.individuals.

Battle for RatificationBattle for Ratification

Change the law of unanimity– would Change the law of unanimity– would become law when 9 states ratified.become law when 9 states ratified.

Went over the head of the Articles, Went over the head of the Articles, and State Legislatures directly to the and State Legislatures directly to the people.people.

Ratification Ratification “The Roll Call”“The Roll Call”

DE, PA,NJ,GA, CT quickly ratifyDE, PA,NJ,GA, CT quickly ratify Mass. led by Sam Adams only ratify after Bill of Mass. led by Sam Adams only ratify after Bill of

Rights promised and amendment added for Rights promised and amendment added for reserve powers of statesreserve powers of states

By end of June 1788- MD,SC,By end of June 1788- MD,SC,NHNH ratified ratified VA ratify after Bill of Rights promisedVA ratify after Bill of Rights promised NY ratify after realized it surrounded by states NY ratify after realized it surrounded by states

that already ratified the Constitutionthat already ratified the Constitution By this time first Congress to meet on March By this time first Congress to meet on March

44thth,1789,1789 NC ratify by Nov. 1789NC ratify by Nov. 1789 Which state is left to ratify?Which state is left to ratify?

““Little Rhode Island All Alone”Little Rhode Island All Alone”

Why was Rhode Island the last to ratify the Why was Rhode Island the last to ratify the Constitution?Constitution?

Why was it important for all states to ratify it?Why was it important for all states to ratify it? RI ratify in May 1790.RI ratify in May 1790.

Why were the Federalists Why were the Federalists Successful in Ratification?Successful in Ratification?

Feds better organized/more skilled politiciansFeds better organized/more skilled politicians Offered a positive future with new Offered a positive future with new

Constitution/Anti-feds. had no alternative.Constitution/Anti-feds. had no alternative. Feds better represented in electing bodies/poor Feds better represented in electing bodies/poor

could not vote against ratificationcould not vote against ratification Washington and Franklin gave the new Washington and Franklin gave the new

government credibilitygovernment credibility A Bill of Rights would eventually be added to A Bill of Rights would eventually be added to

protect the rights of all/avoid the central protect the rights of all/avoid the central government from crushing libertiesgovernment from crushing liberties

““The Federalist Papers”The Federalist Papers”

Federalist PapersFederalist Papers plays key roleplays key role Anonymously written Anonymously written

by Alexander by Alexander Hamilton, James Hamilton, James Madison, and John Madison, and John JayJay

Propaganda in favor Propaganda in favor of Constitution, major of Constitution, major cause of ratificationcause of ratification

Federalist #10Federalist #10 considered most considered most important important

Federalist #10- “Dealing with Federalist #10- “Dealing with Factions”Factions”

“…“…the smaller the number of individuals the smaller the number of individuals composing a majority, and the smaller the composing a majority, and the smaller the compass within which they are placed, the compass within which they are placed, the more easily will they concert and execute more easily will they concert and execute their plans of oppression. Extend the their plans of oppression. Extend the sphere, and you take in a greater variety sphere, and you take in a greater variety of parties and interests; you make it less of parties and interests; you make it less probable that a majority of the whole will probable that a majority of the whole will have a common motive to invade the have a common motive to invade the rights of other citizens[.]”rights of other citizens[.]”

Republicanism Survived!Republicanism Survived!

Separation of Powers– three branches of Separation of Powers– three branches of government but all were meant to represent the government but all were meant to represent the people.people.

Checks and Balances - created to prevent the Checks and Balances - created to prevent the abuse of power from any one branch, creates a abuse of power from any one branch, creates a balance between liberty and order.balance between liberty and order.

Limited defined powers in a written constitutionLimited defined powers in a written constitution Individual rights are ensured in a Individual rights are ensured in a Bill of RightsBill of Rights

A Conservative Constitution!A Conservative Constitution!

Wanted to protect economic and Wanted to protect economic and political interests.political interests. Create sound economy and protect Create sound economy and protect

private propertyprivate property Kept lower-classes from votingKept lower-classes from voting

Election of senators and federal judges Election of senators and federal judges INDIRECT!!!INDIRECT!!!

A Democratic Constitution!A Democratic Constitution!

Consent of the Consent of the governed-kept governed-kept republican republican principlesprinciples

Limited Limited governmentgovernment

Power of the Power of the people—”We the people—”We the People”…People”…

Principles of U.S. GovernmentPrinciples of U.S. Government FederalismFederalism

• Powers shared between fed/state governments- Powers shared between fed/state governments- Delegated, Reserved and Concurrent powersDelegated, Reserved and Concurrent powers

Principles of the U.S. Principles of the U.S. ConstitutionConstitution

• Federal law superior to state lawFederal law superior to state law• Constitution is the supreme law of Constitution is the supreme law of

the landthe land• Constitution a living document- can Constitution a living document- can

change with the timeschange with the times• Under Articles power in the hands of Under Articles power in the hands of

states, under Constitution power in states, under Constitution power in hands of the people (popular hands of the people (popular sovereignty)sovereignty)