The American Revolution is over…but now the colonists have to decide how to frame

their government. Take 5 minutes & imagine that you were a colonist that just fought

against the British. Identify four points for George Washington to remember when the

delegates are “revising” the Articles of Confederation.

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Quick Background

Declaration of Independence Second Continental Congress

Approved July 4, 1776

Fought war with ad hoc congress/executive

The Articles of Confederation 1777, our first constitution

Very weak federal government

Each state had veto—unanimous vote required

No power to raise troops or taxes

The Articles of Confederation

Foreign nations testing boundaries & free trade

Internal trade collapse

No ability to pay off debts

Inflation and paper money

Internal rebellions over debt & safety failure

Shay’s Rebellion, 1786-1787

Boundary safety against Indians and Predatory nations

FAILED STATE?

Strengthening the National Government

1787—Elites across states see failed state

State legislatures or conventions send delegates to Philadelphia to fix A.O. C

Merchants, land owners and want regular tax code and protection

Nationalists want strong vs state’s rights advocates

Rhode Island refused to attend:

many identified with their state and feared strong central government after just revolting against one.

Future “federalist” vs. “anti-federalist” splits

The Constitutional Convention May 25, 1787

Independence Hall, Philadelphia

An extraordinary group of men

55 white well off men

Well-educated

Most experienced local politicians; many had fought in revolutionary war

Lawyers, merchants, college presidents, doctors, generals, governors, and planters with considerable political experience

Who was there? Who missed it?

Benjamin Franklin

81, oldest—leads informal groups

George Washington & James Madison

Alexander Hamilton

Brilliant, driven outsider, protégé of Washington as is Madison

Thomas Jefferson & John Adams

Antagonists in Europe negotiating treaties

Patrick Henry

Prominent Virginian

Elected; did not attend; ”I smell a rat.”

Much informal discussion

The Unquestioned Leader

Chosen to preside over the

convention?

George Washington War Hero

Respected across faction lines

Rejected Monarchy

Virginian—most powerful state

Procedures of the Convention

Each state was only allowed one vote

Each state is primary unit of identity and sovereignty

Delegates not bound by instructions

Majority votes from all states made decisions

All discussions were a secret.

Ensure freedom to be candid and build coalitions and compromises.

A lot of informal discussion outside with informal groups and tavern meetings.

Urgency of the Constitutional Convention

Many in US and Europe believed the US was a “failed

state.” Europe powers waiting for it to fall apart under

the AOC

Failure to generate revenue to pay for defense or pay

war debt or pay soldiers from the war—revolutionary

script useless—localized riots & Indian incursions

“I would bury my bones in this city rather than leave the Convention without

anything being done.”

-George Mason at the Constitutional Convention

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Fate of the Articles of Confderation

Articles of Confederation?

The convention threw them out Delegates decided emergency

warranted ignoring their state charges

Essentially a “coup d’etat.”

A Divided Land

Large & Small states

Slave & Non-slave

Plantation & Yeoman

Frontier & Settled

Mercantile

Producers Goods vs. Raw material

Exporters

Importers

Religion & State

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A Divided Land

Ideologies

“State” is sovereign

Create a new “nation”

Fear centralized power

Fear monarchial tendencies

Democrats versus Aristocrats

Slave holders united

Protect property rights

Raise revenue

Build a navy

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A Divided Land

Who is NOT at table

Women

Slaves

Tribes

Yeoman farmers

Workers

Immigrant groups

The westerners

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A Divided Land

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Two Opposing Plans

VS.

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Virginia vs. New Jersey

Madison’s Challenge Committed nationalist

The war changed him

Committed to basic rights

Committed to procedural justice

Fears for the entire democratic experiment

Does not trust states to act alone

Balance learned from experience and history

Convention Battles over PlansConflict displaced over structure of authority, allocation of power & rights

The Virginia Plan

Virginia caucus created

James Madison main supporter & writer

Stronger central government

President from legislator

Federal veto over state actions

3 branches of government

Bicameral legislature (2 houses), determined by population

Identity would vest in the Nation and then the state

Convention Battles over Plans

The New Jersey Plan

William Patterson main author

Reaction to the Virginia plan

Pulls small states together

Much less powerful central government

3 branches of government

Unicameral legislature (1 house) with equal

representation

Where is the solution/coalitionMadison’s challenge

Needs majority of votes to win

Needs to avoid a walk out

Neutralize the slavery issue

Needs to provide answers to the major power groups

People/size versus state sovereignty and size of states

Rights of humanity?

Democratic response

Who gets to vote?

Where is the solution/coalition

Get the large states together

Protect small states

Connect nationalists and economic interests in stable revenue/defense/boundary

Neutralize slave issue before destroys everything

Protect rights of property/vote/religion/expressive politics

Structural limitations on executive power by divided power

Expansion issues for the westerners

The Great Compromise

Roger Sherman of Connecticut comes up a compromise

Lower House

House of Representatives

Determined by population

2 year terms

Favored larger states

Upper House

Senate

Equal representation for each state

6 year terms

Favored smaller states

The Connecticut Compromise

Structure in Place—now slavery

Strong nascent abolitionism in the north and even manumission movement in south

Many believe slavery will die out of its own accord—this changes in 1830’s

Most participants know that slavery violates the basic moral premise of equal dignity of the Constitution

Realpolitik

Controversy over counting slaves as a part of the population

South worries about balance of power given northern population growth

Structure in Place—now slavery

At this time, there were 550,000 enslaved African Americans, overwhelmingly in the South

In many areas slaves outnumber the whites and land owners

Southerners fear north will try to end slavery and fear northern population growth

Immigrants settle in north and not in south

Birthrate of free northerners much higher than in south

Southern states balk and will NOT accept the constitution without some numerical compensation

Structure in Place—now slavery

Most future constitutional battles will be about keeping balance between more populous north and slaver holding southern slave states

North refuses to allow votes for slaves who cannot vote or have rights

South will not give votes to accept without numerical balance

3/5 compromise

Slavery importation can be prohibited after 1807.

The Three-Fifths Compromise

Three-Fifths Compromise Every 5 enslaved persons would count as 3 free

people

Used for representation in Congress & figuring taxes

Word” slave” never used in Constitution

Northerners see it as “devil’s bargain”

Executive Power Compromise

How to elect a president?

Many fear creating another dictator and want weak executive or under control of congress

Madison etal. “Let Congress pick!”

Emergent Parliamentary system

Democrats “Let the people choose!”

State’s rights want intermediary

Fear of monarchy paralyzes deliberations

Electoral College

A group of people would be chosen by each state to choose the President

Each state given a certain number of votes, determined by their representation in Congress Senate + number of representatives

Benefits smaller population states

Odd solution to balance popular vote and states

This places final power in states versus letting popular vote elect

One last compromise

Conflicts over commerce & the slave trade Congress could regulate (control) trade between

states & other countries

All revenue derived from tariffs, so issue of taxing manufacturing or resource imports/exports

Congress could NOT tax exports or interfere with the slave trade for 20 years

The “hidden” Clauses

Two clauses will be critical to justify and shape future government power

Commerce Clause (Article I; Section 8: Clause 3) Power “to regulate commerce with foreign nations, and among the several

states, and with the Indian tribes.”

Necessary and Proper Clause (Article I; Section 8: Clause 18) “Make all Laws which shall be necessary and proper for carrying into Execution the

foregoing Powers, and all other Powers vested by this Constitution in the Government

of the United States, or in any Department or Officer thereof.”

September 17, 1787, finished up the Constitution

Delegates signed it, said the Constitution would become the law of the land when: 9 out of 13 states ratified (approved) it

Much resistance and many angry that they had exceeded their charge: Pro-ratification called “federalists.’

Anti-ratification called “anti-federalists.”

Divided CountryNation wide battle—many writings pro and con

Federalists = supporters of the new constitution & a strong federal government Madison/Hamilton/Monroe wrote The Federalist Papers as

newspaper columns and general letters.

Anti-federalists = opposition to new constitution based on demand for more protection of individual rights and state’s rights.

Reaching an Agreement

Anti-Federalists wanted to add: The Bill of Rights

The Federalists promised to do so, and did at the first Congress session The first Ten amendments

New Hampshire, 9th state to ratify June 21, 1788 The Constitution went into effect Rhode Island holds out until 1790

Ratification Battles and Votes

Federalist Number 51

“If men were angels, no government would be necessary.”

“In framing a government which is to be administered by men over men, the great

difficulty lies in this: you must first enable the government to control the governed; and in

the next place oblige it to control itself.”

-James Madison

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