Constitutional Convention
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1 Constitutional Convention 1
2 The Framers were delegates who went to the Constitutional Convention at the Pennsylvania State House in Philadelphia to draft a new vision of America s system of government. They were the individuals who were actively involved in the drafting of the Constitution. The Pennsylvania State House is now known as Independence Hall 2
3 Federalists Federalists supported the United States Constitution because it provided for: Establishment a strong central government Separation of powers into three independent branches Federalists opposed a bill of rights because they believed it would limit what would be protected. They were typically large landowners, judges, lawyers, leading clergymen, merchants and creditors. Leading Federalists: George Washington James Madison Alexander Hamilton Edmund Randolph John Jay Benjamin Franklin 3
4 George Washington He supported reform of the Articles of Confederation and creation of a new constitution with strong central powers. He was unanimously voted as president of the Constitutional Convention. James Madison James Madison wrote over a third of The Federalist Papers. He wrote the Bill of Rights. He was opposed to special interest groups. He was a Federalist who supported national laws. He believed that compromise was necessary for good government. 4
5 Alexander Hamilton Alexander Hamilton was a leader in bringing the colonies together to write the constitution. Hamilton was a Federalist and supported strong central government, a central bank, and a standing military. Edmund Randolph Randolph introduced the Virginia Plan. He argued against importation of slaves. He favored a strong central government. 5
6 John Jay Although Jay did not attend the Constitutional Convention, he wrote in favor of a strong central government under the pseudonym Publius in The Federalist Papers. Benjamin Franklin According to Benjamin Franklin, although the Constitution had faults, it was the best the convention could do to create a new government and end despotism. 6
7 Reasons for a Strong Central Government Uncertain domestic security Economic downturn after the war Unstable investment climate Fragmented economic markets Unregulated inter-state commerce Foreign perception of the new nation Need for a common defense against internal and foreign threats Protection for private property Unstable currencies Inter-state disputes 7
8 The Federalist Papers James Madison, Alexander Hamilton, and John Jay wrote 85 papers known as The Federalist Papers to promote the ratification of the Constitution. Today the Federalist Papers are a primary source for the interpretation of the Constitution. 8
9 Anti-Federalists Anti-Federalists did not want to ratify the Constitution because: 1. Too much power to the national government 2. No bill of rights 3. Standing peacetime army controlled by the national government 4. The necessary and proper clause (also known as the elastic clause) 5. Executive branch was too powerful Leading Anti-federalists: Patrick Henry Samuel Adams George Mason Edmund Randolph Elbridge Gerry John Hancock Thomas Jefferson Surrender of Cornwallis at Yorktown 9
10 Thomas Jefferson wanted to limit the power of the federal government. Samuel Adams voted for the Constitution only on condition of an amended Bill of Rights. John Hancock, president of the Massachusetts delegation, had reservations about the lack of a Bill of Rights. However, he voted for ratification along the lines of his co-delegate Samuel Adams. 10
11 Rhode Island Abstained Rhode Island sent no delegates to the convention. It had a history of individualism, selfreliance, and dissent. It had a largely rural population. The people feared high federal land taxes. Its state legislature was Anti-Federalist. Patrick Henry refused to attend, stating that he smelt a rat in Philadelphia, tending toward the monarchy. He was a leading proponent of the Bill of Rights. 11
12 The three delegates who refused to sign the Constitution Although Edmund Randolph was a federalist, he believed the constitution lacked sufficient checks and balances. He called it the foetus of a monarchy. George Mason felt the Constitution did not protect individual rights. Elbridge Gerry of Massachusetts refused to sign the constitution without a bill of rights. 12
13 Madison s Concern Over Factions The Federalist #10, 1787 Madison explained that a faction is "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. Madison 1783 "The prescriptions in favor of liberty ought to be leveled against that quarter where the greatest danger lies, namely, that which possesses the highest prerogative of power. But this is not found in either the Executive or Legislative departments of Government, but in the body of the people, operating by the majority against the minority. 13
14 The Federalist 45, 1788 James Madison described the powers retained by State Governments: The State Governments may be regarded as constituent and essential parts of the Federal Government; whilst the latter is nowise essential to the operation or organization of the former. Without the intervention of the State Legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will perhaps in most cases of themselves determine it. The Senate will be elected absolutely and exclusively by the State Legislatures. Even the House of Representatives, though drawn immediately from the people, will be chosen very much under the influence of that class of men whose influence over the people obtains for themselves an election into the State Legislatures. Thus, each of the principal branches of the Federal Government will owe its existence more or less to the favor of the State Governments 14
15 The Federalist Number 47, 1788 James Madison quotes Montesquieu in promoting the separation of powers From these facts, by which Montesquieu was guided, it may clearly be inferred that in saying there can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates, or if the power of judging be not separated from the legislative and executive powers, he did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other. His meaning, as his own words import, and still more conclusively as illustrated by the example in his eye, can amount to no more than this, that where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted. 15
16 Problems with Confederacy James Madison to Thomas Jefferson, Oct. 24, 1787 The same observation may be made, on the authority of Polybius, with regard to the Achaean League. The Helvetic System scarcely amounts to a Confederacy, and is distinguished by too many peculiarities, to be a ground of comparison. The case of the United Netherlands is in point. The authority of a stadtholders, the influence of a Standing army, the common interest in the conquered possessions, the pressure of surrounding danger, the guarantee of foreign powers, are not sufficient to secure the authority and interests of the generality, agst. The anti-federal tendency of the provincial sovereignties. The German Empire is another example. A Hereditary chief with vast independent resources of wealth and power, a federal Diet, with ample parchment authority, a regular Judiciary establishment, the influence of the neighborhood of great & formidable Nations, have been found unable either to maintain the subordination of the members, or to prevent their mutual contests & encroachments. 16
17 Polybius was a Greek historian of the Hellenistic Period (2 nd century BCE). He wrote The Histories in which he explains the origin and problems of government. His writings inspired Montesquieu and the Founders of the Constitution. The United Netherlands, or Dutch Republic, was a confederation of seven independent provinces with many competing rivalries. Left: Dutch Republic 1658 The Holy Roman Empire consisted of hundreds of small states, principalities, duchies, and free cities all claiming loyalty to the King of the Romans. Right: Holy Roman Empire in
18 The Mount Vernon Conference (1785) Because of the weaknesses in the Articles of Confederation, many interstate commerce problems arose. Delegates from Virginia and Maryland were sent to resolve issues of commerce, fishing, and navigation. George Washington invited them to convene at his home on Mount Vernon. The success of the meeting led to The Annapolis Convention. Mount Vernon 18
19 The Annapolis Convention The Annapolis Convention met in September 1786 to work out problems with the Articles of Confederation. The convention met at the Maryland State House. Chairman Alexander Hamilton called for states to send delegates to Philadelphia to amend the Articles. Hamilton Maryland State House 19
20 Shays Rebellion ( ) Farmers, a majority of whom were Revolutionary War veterans, faced high taxes and an economic recession after the war making it difficult to pay their mortgages. Debtors courts confiscated property and sent debtors to prison. Farmers demanded stable paper currency and tax relief. The wealthy class, concerned with getting repaid by the government, wanted more taxes. A local group led by Daniel Shay attempted to seize weapons at the Springfield Armory in Massachusetts but were stopped by a local militia. The inability of the national government to respond to this rebellion directly led to the drafting of a new constitution in Springfield Armory, Daniel Shays and rebel leader Job Shattuck 20
21 Excerpt from: The Winter Soldier, a novel of Shays Rebellion by James Lincoln Collier and Christopher Collier (1978) The sheriff stopped tying the rope and stared at Peter. "Look," he said, "I don't like this either. It's the law. You borrowed money from Mattoon and you didn't pay him. He's got a legal right to take the oxen." "As the law he signs the order; as my creditor he takes my oxen," Peter shouted. "How can I pay anybody anything when every time I turn around Mattoon and his kind in the General Court have plastered on another tax?" [ ] "You're not the only one," Sheriff Porter said. "Yesterday I took a horse and a plow from James Bacon and the day before, a hundred weight of flax from Hezakiah White. And last week we had to foreclose on a farm down in Amherst. I didn't like any of it, either, Peter, but that's the law." "Mattoon's law," Peter shouted. "How come the high and mighty have got the laws on their side and the plain man hasn't got any on his? Who makes the laws?" 21 "The General Court "
22 Samuel Adams: "Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death." Thomas Jefferson: "A little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government. God forbid that we should ever be twenty years without such a rebellion." In the aftermath of the Shays Rebellion, people wanted a stronger central government to protect against internal rebellion. This led to the Connecticut Compromise. 22
23 The Virginia Plan The Virginia Plan, proposed on May 29, 1787 by Edmund Randolph, was drafted by James Madison. It called for: three branches of government; bicameral legislature; both houses of the legislature to be determined proportionately; the lower house elected by the people; the upper house elected by the lower house; council of Revision to review all legislation; executive and judges chosen by the legislature. Top: Madison, Bottom: Randolph 23
24 The New Jersey Plan The New Jersey Plan was drafted by William Paterson. The Articles of Confederation would remain in effect with amendments. Congress would have power to tax, regulate trade and make treaties. Each state had one vote. Acts of Congress would take precedent over state law. A federal executive branch of several persons without veto power. A Supreme Court to settle interstate disputes. 24
25 The Connecticut Compromise: opposed the concentration of power in a single institution; balanced large and small states by creating two houses of Congress, one based on population, the other based on equal representation; designed Congress to be the dominant institution of government. The Connecticut Compromise by Bradley Stevens. Shown are Roger Sherman and Oliver Ellsworth. 25
26 The Three-Fifths Compromise There was extensive debate as to how slaves would be represented in the legislature, as well as for taxation and apportionment. Benjamin Harrison of Virginia proposed slaves be counted at one-half a person. Other representatives from northern states suggested three-fourths. James Madison and Alexander Hamilton suggested 3/5 in Federalist 54. Finally, James Wilson, who would become a Supreme Court Justice, proposed the Three-Fifths Compromise at the Constitutional Convention. Article 1, Section 2, Paragraph 3 of the United States Constitution: 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. Justice James Wilson 26
27 Judge William Jay, son of John Jay, wrote about the Three-fifths Compromise in the Daily Pittsburg Gazette, June 9, Regarding apportionment: The sum allotted by this gross and monstrous rule to the States of South Carolina, Georgia, Alabama, Mississippi, Louisiana and Kentucky was $6,754, 588; while Pennsylvania, with a free population larger than that of all these six States together, was to receive only $3,823,353; so that In fact slave holders of these States received man for man, just about twice as many dollars from the national treasury as the hard working citizens of Pennsylvania! William Jay 50 In 1793, southern states were allocated 14 additional congressional seats based on the population of nonvoting slaves seats Based on free population 47 seats 27 Based on Three-fifths rule
28 Ratification The United States Constitution was adopted in On June 21, 1788, New Hampshire became the 9 th state to ratify the constituion. The constitution went into effect March 4, Rhode Island became the last of the states to ratify the constitution on May 29,
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