How the Constitution Was Written

A Story

Not everyone had the right to voteFactions divided the countryElite men believed they had the right moral character to lead the country

Once Upon A Time

Life wasn’t all bad

The population was risingTrade was back up to prewar levelsThere was a Plan for settling the Northwest Territory

What was the expansion plan?

Northwest Ordinance of 1787Set up government for NW territory

Outlawed slavery in NW territory

Territory could apply for statehood when population reached 60,000

New states would have equal rights with original 13

But the Government was

weakThe Articles of Confederation had a lot of weaknesses

No power to tax = no revenue

No power to enforce treaties = no $, no army

No executive, no judicial branches

Laws needed 9 of 13 votes, Amendments needed 13!!!!!

MeanwhileA Border Dispute Between MD and VA led to some conversation- Annapolis Convention

What’s wrong with the Articles of Confederation

Maybe we should revise them???????

And in Mass.....a Rebellion

The farmers were upset with the State, the banks, and the lawyers for taxing them and taking their landDaniel Shays led a rebellion

This made the people think....Maybe we need a stronger government to prevent rebellions, strengthen the economy and provide an army

So...in May 1787 in Philly

55 Delegates met to revise the A.O.C.Quickly decided to start over = Constitutional Convention

But all was not happy go luckyThe Delegates had different ideas about slavery, representation, role of government, etc.Arguments and debates went on for days

New Jersey Plan proposed

Proposed by William PatersonGood for small states = One Legislative House with Equal reps3 Branches of Gov’t

Then the Virginia Plan

Proposed by Edmund Randolph and James MadisonGood for the large states2 Legislative houses = Representation based on population in both3 Branches of Gov’t

Finally.....a Compromise

The Great Compromise by Roger Sherman

3 Branches of Gov’t

2 Legislative HousesRepresentation in one house (House of Reps) based on Population

Representation in the second house (Senate) equal among all states

But what about Slavery???

Some states wanted the Constitution to abolish the slave trade....Other states (south) said that was a state issueSlave Trade Compromise = Congress could regulate or outlaw the slave trade AFTER 1808

P.S. – Congress outlawed the slave trade in 1808

What about the slaves?

Southerners wanted to count slave in population to increase representation in Congress - North said no!3/5ths Compromise = 3/5ths of slaves in any state would be counted for taxation and representation purposesWhat message did this compromise send about Slavery?

So does it have a happy ending?

Sort of.....39 of the 42 remaining delegates signed the Constitution on September 17, 1787BUT - then 9 out of the 13 states had to RATIFY it at special conventionsEveryone agreed that a stronger gov’t was needed, but some people thought the Const. was too strong

How did that go?The Federalists, led by Alex Hamilton, John Jay and James Madison wrote 85 essays in support of the Constitution and a strong Federal Gov’t. These became known as the Federalist PapersThey said the Constitution was fine and it already protected state and individual rights

Who disagreed?The Antifederalists: Patrick Henry, Thomas Paine, Sam Adams

They thought the Constitution gave too much power to the federal government and did not protect individual or states’ rights enough

Can’t they get along?

The Bill of Rights, which listed individual freedoms, was the bridge that helped the Antifederalists agree to ratify the Constitution

Where did they get these ideas?

Roman Republic – Independence and public serviceMagna Carta and English Bill of RightsJohn Locke – Natural RightsBaron de Montesquieu – French Thinker – suggested idea of separation of powers