The Constitutional Convention:

May-September 1787

Quick Chronology1774: First Continental Congress meets

1775–1781 (83): American Revolutionary War

1776: Second Continental Congress adopts the Declaration of Independence

1781: Articles of Confederation ratified by the States

1786: Shays' Rebellion erupts

1787: Constitutional Convention in Philadelphia (May–Sept.)

1789:• George Washington is unanimously elected president of the

United States (elected Feb., takes office in Apr.)• U.S. Constitution goes into effect, having been ratified by

nine states (March)• U.S. Congress convenes (April)

1790: Rhode Island, last state that ratified the Const. (May)

Alexander Hamilton (1780):

This

Confederation is “fit neither for war nor peace”

French Ambassador to the U.S.:

“There is in America, no general government; there is neither the Congress, nor president, nor head of any administrative department”

--1784

A. Purpose of the Philadelphia Convention:

Delegates sent from the 12 states

“to revise the Articles of Confederation”

B. Fundamental Disagreements:

1. Representation-

Small State View: one state = one vote

that’s the “equality” under Articles

Large State View: representation by population

contributing more $ and soldiers

2. Slavery: Southern Demands-

a. Continue the slave trade

b. Continue slavery

c. Slaves must be included in the population count

The Pro-Slavery Rationale:• Secession: 7 States (with slaves) represent

overwhelming majority of U.S. population• State’s Rights / Slavery predates Constitution• Slaves are property• Economic necessity—Whites won’t do work• Britain’s fault• Slaves were initially enslaved by Africans• Emancipation—too expensive/impractical• The Bible condones slavery

Pennsylvania's Gouverneur Morris at the Convention:

"The inhabitant of Georgia [or] South Carolina who goes to the coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections and damns them to the most cruel bondages, shall have more votes in a Government instituted for protection of the rights of mankind, than the Citizen of Pennsylvania or New Jersey who views with a laudable horror, so nefarious a Practice."

****************

Roger Sherman suggested that representation be based on a count of all free men

****************

At least one delegate refused to sign because the Constitution codified and protected slavery and the slave trade.

3. Strength of the National Government

“strength controversy” was highlighted in the…

C. Key Plans Offered at the Convention1. New Jersey Plan: • small state representation• revised the Articles/less expansion of nat’l

power2. Virginia Plan:• large state representation• toss the Articles/more expansion of nat’l power

D. Key Compromises at the Convention

1. The “Great Compromise” by “author” Roger Sherman—Conn. delegate

1. The Great Compromise- a “bicameral legislature”

Small State Design: The U.S. Senate-

Two senators for each state regardless of size

+Large State Design:

The U.S. House of Representatives-

One minimum—determined by population

2. Slavery—the South WinsUnsigned illustration for The Anti-Slavery Record, Vol. I, No. 5 (May; New York: Published by R. G. Williams, for the American Anti-Slavery Society, 1835) Alderman Library, University of Virginia.

a. Continued the Slave Trade until 1808

Article I, Sec. 9:The Migration or Importation of such

Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

b. Continued Slavery

• No specific mention of “slaves” or “slavery” in the Constitution

c. The “3/5” CompromiseArticle I, Sec. 2:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.)

III. Ratification & the Federalist Papers

• Constitutional Convention Adjourned: September 17, 1787

• First State to Ratify: Delaware- December 7, 1787

• Constitution Takes Effect:March 1789 (10 states had ratified)

• Last State to Ratify:

Rhode Island: May 29, 1790

A. Madison & Factions

Madison’s View of Human Nature:

“ But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. “ Federalist 51

A. Madison & Factions

Madison’s View of Human Nature:

“ But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. “ Federalist 51

Factions: Definition & Problems

“By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Federalist #10

B. Madison’s Response: The Madisonian Model

Fundamental Approach:“If angels were to govern men, neither

external nor internal controls on government would be necessary.” Federalist 51

Thus…factions would be controlled externally and internally (inside and outside controls)

A. “Republican” Form of Government (popular sovereignty)

A. “Republican” Form of Government

Republic: “a government whose powers are exercised by elected representatives directly or indirectly accountable to the people governed”

“Republic”--An Internal or External Control?

Sufficient? “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” Federalist #51

2. Gov’t Beyond the People’s Direct Control—Election & Selection

House of RepresentativesSenate

President and VPSupreme Court Justices

2. Gov’t Beyond the People’s Direct Control—Election & Selection

House of Representatives

General Citizenry

Senate

President and VPSupreme Court Justices

2. Gov’t Beyond the People’s Direct Control—Election & Selection

House of Representatives

General Citizenry

Senate State Legislatures

President and VPSupreme Court Justices

2. Gov’t Beyond the People’s Direct Control—Election & Selection

House of Representatives

General Citizenry

Senate State Legislatures

President and VP

Electoral College

Supreme Court Justices

2. Gov’t Beyond the People’s Direct Control—Election & Selection

House of Representatives

General Citizenry

Senate State Legislatures

President and VP Electoral College

Supreme Court Justices President Nominates (appoints)Senate Approves (gives consent)

3. Separation of Powers / 4. Federalism

= “External Controls”“Ambition must be made to counteract

ambition.” Federalist #51

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.” Federalist #47

5. Checks and Balances

“all men having power ought to be distrusted to a certain degree” Madison’s notes at the Convention