The Constitutional Convention & Ratification
Constitutional ConventionPhiladelphia in May of 1787 to revise the Articles
of ConfederationDelegates from all states except Rhode Island
Decided to write a new constitution insteadAgreed new gov’t would be a republic, with a federal
system 3 branches – executive, legislative, judicial
CompromisesGreat Compromise (Connecticut Compromise):
Legislative branch would be bicameral Representation in the lower house based on population Equal representation of the states in upper house
Combination of the Virginia Plan and the New Jersey Plan
Three-Fifths Compromise Each state would count three-fifths of its slave population
for purposes of determining both representation and taxation
Commerce and Slave Trade Compromise Congress was prohibited from taxing exports from the
states and from banning the slave trade for 20 yrs
SO HOW DID THE CONTITUTION FIX THE
PROBLEMS IN THE ARTICLES OF CONFEDERATION?
Ratification ProcessConstitution signed Sept 17, 1787Still had to be ratified by 9 of 13 states to go into effectFederalists
Time for action had run out, country was collapsingArticles of Confederation were incomplete (no taxes,
courts, execution of federal laws, balance of power between states, foreign threats)
Constitution would appropriately balance state & central powers
Sufficient checks and balances, separations of power to keep federal gov’t in line
Limits to legislative powers included and carefully listedSingle executive held powers were shared or checked at
almost every level
Anti-FederalistsNew plan gave too many controls to “distant” and
centralized gov’tNew executive was too powerful & “kinglike”Federal power to tax was a dangerous control over
citizens & statesLegislative powers were long and details – where
was a list of limits?What were basic civil freedoms that the federal gov’t
couldn’t remove? States had created “Bills of Rights” – why can’t the
Constitution?Wanted to define the rights of citizens!
By summer 1788 – 9 states had ratified the ConstitutionDidn’t include VA or NYNation understood if either VA or NY rejected the
Constitution, other nine votes were meaningless
Proponents called for giving the new system a trial – knowing time for more discussion was eliminated by foreign threatsPromise of a Bill of Rights pushes opponents over
the edge
The Federalist PapersWritten by Alexander Hamilton, James Madison, &
John Jay Readership limited at the time Often aimed at those who already decided to
support/oppose ratificationExplanations of how the U.S. government balances
power, protects political factions, settles disputes, runs a diverse nation
85 total essays#10 – written by Madison considered definitive
analysis of regional political divisions Addresses how & why to guard against rise of “factions” &
predicted rise of interest groups & partisan politics#51 – advocacy for checks & balances, separation of
power#78 – written by Hamilton
Explained & justified structure of proposed judicial branch
Anti-Federalists forced Federalists to agree to add federal guarantees of rights as amendmentsFirst Congress 1789
Representative James Madison led efforts to write 12 proposals
10 adopted as Bill of Rights
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