Towards the Constitution

What necessitated change?

Articles couldn’t impose taxes Articles couldn’t raise an army Articles were clumsy in foreign affairs

Problems with Spain and Britain were growing Articles required unanimous consent (1781,

1783, and 1785 examples) Incapable of conducting national business due

to the incredible regional interests

Need for change?

Pushing for change

Federalism-was a developing philosophy and had several prominent supporters. Namely Alexander Hamilton who thought the nation’s economic woes could be solved by a stronger central government.

Hamilton’s legacy

Hamilton a unique

man Youth Nationalist Temper and

demeanor Death Legacy

Nationalists

James Madison Madison had little compassion for this confederacy that had been created. Felt it mortally flawed.

“luxiurancy of the legislature had become a nuisance”.

Future co-author (w/Hamilton and John Jay of the Federalist Papers.

Shay’s Rebellion

In the eyes of Madison and Hamilton it was so weak that it couldn’t even protect against internal insurrection by a disorganized militia within one state!

“reverse the flow”

Madison coined those words in describing the importance to create a way to reverse the flow of government back to a National government.

Annapolis

9 states agreed to meet as Shay’s Rebellion was ongoing—to discuss changing the articles.

Madison invited the group to discuss commercial problems.

Rather than adjourn and talk about commercial matters…Hamilton insisted they deal with the bigger problem.

A resolution was drafted to discuss “all matters necessary”.

The Convention

The Philadelphia Convention

“the chair” 70% of delegates were from

Continental Congress (not John Adams…or we’d watch!)

33% served in the military. “an assembly of demi-gods”.

Jefferson (en absentia)

Suspicious elements

Patrick Henry: emerging leader of a state’s rights group known as Anti-Federalists.

Suspicious that the deliberations were kept secret.

Officers

Washington to the surprise of no one was selected as President.

Each state would vote as a unit.

Nothing Spoken

Nothing spoken would be otherwise printed or published, those who did would be excused from the preceedings!

Why? Official journals are

succinct and are too incomplete for historians.

Madison kept detailed notes on his own.

Competing Plans

Early on it looked that the room had two distinct factions.

Small states and large states.

New Jersey Plan: singular representation

Virginia Plan: proportional representation

The Great Compromise

Bridging the Gap

Compromise looked unlikely.

“Something must be done or we shall disappoint not only America but the whole world”. Eldridge Gerry

A recess took place on 7/4/87 to celebrate.

A key part of bridging the gap—one of more depressing and vile legacies—the 3/5 compromise.

A Committee of

Detail Bridge the

gaps between the philosophies.

Prepare a “draft”

Constitutional

Principles Republicanism Federalism Indirect Election

(Electoral College) Delegated Powers Presidential system

The key opening lines—committee on style

“We the People  of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The American Constitution

Ben Franklin: “The older I grow the more apt I am to doubt my own judgement and to pay more respect to the judgement of others…I agree that this constitution has its faults…I think a federal government necessary for us. I doubt that any convention may ever produce a better constitution…I expect no better.”

Ratification

At the end of the convention. George Mason proposed adding a “Bill of Rights”. This would take no time, the states would provide an example.

Rationale?

Constitution sent to

Confederation Congress. They didn’t feel it was there jurisdiction (typical)

Sent it to the states for approval at special ratifying conventions.

This is where things get interesting.

Process

Pennsylvania saw fist fights in the convention,

struggles to get people into the convention! Georgia only agreed after some back room

deals for future help against Native Americans. Massachusetts is where things got interesting.

Demographics Sam Adams…again. Federalists v. Anti-Federalists Insistence on passage of several key

amendments to “quiet the apprehensions”

Ratification struggles

New Hampshire

became the 9th state to ratify, that was all that was needed. However, Virginia and New York had not decided.

You couldn’t move forward without them.

Enter Hamilton

An odd dilemma

Nowhere were the “rural-

urban”, “poor-rich”, “planter-farmer” distinctions as great as they were in Virginia.

Virginia, the home of Washington…could perhaps have turned its back on the Constitution?

Patrick Henry

Factions

In the end, the only thing

that could appease the bitter Federalist/Anti-Federalist gap was a suggestion that first arose from George Mason.

A Bill of Rights based on the model readily available in most of the state level constitutions.

The rest is history!

Bridging the Gap