Development of the Constitution

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Development of the Constitution
2
Something Must Be Done

• AOC stink
• Annapolis Convention 1786
• Originally meant to discuss trade regulations
• Only five states show up
• Representatives agree Must discuss
  strengthening the government
• Idea is popular among states

3
Background - The Constitutional Convention of 1787

• Met in Philly
• Examine and recommend changes to the existing
  Articles of Confederation
• May Sept 1787

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Composition Who was there?

• Wealthy upper class, white men
• Selected by state legislatures, not popular vote
• George Washington
• Ben Franklin
• Alexander Hamilton
• James Madison
• Roger Sherman
• Notable names not present
• John Adams (minister to England)
• Thomas Jefferson (minister to France)
• Regardless, there was a ton of political talent
  at this convention

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Virginia Delegation

• Led by James Madison
• Had every intention of creating a new
  constitution
• This is Virginias mission in Philadelphia
• Virginia Plan
• crafted by Madison
• presented by Edmund Randolph

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Initial Decisions - The Constitutional Convention
of 1787

• Presiding officer George Washington Why?
• _____________________________
• _____________________________
• Every state - one vote
• Proceedings held in secret
• Concerned newspapers would criticize decisions
• Not democratic
• The delegates want a government that was
• Firm, dignified, respected at home and abroad
• Strong against instability at home
• From the start, decided the A of C were too
  flawed
• Virginians set the tone - introduced Virginia
  Plan
• They werent authorized to change AOC, but they
  did it anyway

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Two Plans

• Virginia Plan
• Presented by Edmund Randolph Gov from Virginia
• Three branches legislature strongest
• Bicameral house
• 50 required to pass legislation
• Strong federal government
• Could veto state laws
• Smaller states object since they would have no
  influence
• New Jersey Plan
• Proposed by William Paterson delegate
• Presented as a series of amendments to the AOC
• Unicameral house
• Would create an executive, a judiciary, federal
  taxes, federal regulation of trade
• But would require a unanimous vote to pass these
  taxes, trade regs
• Larger states rejected since smaller states would
  have equal power

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Centrist View

• The Virginia Plan became seen as a centrist plan
  because
• NJ Plan was a glorified A of C
• Alexander Hamilton introduced the idea of a
  constitutional monarchy
• Far more conservative than the Virginia Plan
• This was calculated to help Va. Plan

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Connecticut Compromise (Great
Compromise)

• Roger Sherman is the architect for this plan
• Have a Legislature where the lower house was
  popularly elected
• assigned delegates based on population
• House of Representatives
• The Upper house would have equal reps from each
  state
• The Senate
• Elected by state legislatures
• Only need 50 of the vote to pass legislation
• Model for our legislature

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Federalist/Anti-FederalistCompromises

• Independent v. Congressionally controlled
  judiciary
• Executive Branch Art. 2 Series of compromises
• Should there be an Executive Branch? How many
  executives?
• Control foreign policy, but Senate had to approve
  all diplomats and treaties
• President is C-in-C, but only congress can
  declare war
• Would there be a popular vote? - No way
• The people are dummies
• Birth of electoral college

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Slavery Compromises

• The framers built slavery into the fabric of our
  government
• However, they are careful to never use the term
  slavery in the Constitution.
• 3/5 Compromise
• Slave Trade and Commerce Clause
• These items would pose big problems for those
  trying to remove slavery in the future.

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Differences Between Articles and Constitution

• Passing Legislation
• Constitution simple majority easier to get
  things done
• A of C two-thirds
• Executive
• Constitution a single President not a lot of
  power at first (would get stronger)
• A of C No executive
• Power of the Federal Government
• Constitution potentially strong
• A of C very weak
• Amendment process
• Constitution 2/3 of both houses of Congress ¾
  of State conventions
• A of C virtually impossible - need a unanimous
  vote
• Constitution
• The Constitution is a less democratic document
• Takes power away from common voters
• More aristocratic
• Creates a stronger federal government this is a
  danger in the eyes of many

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Ratification Process

• If two-thirds of the states ratify, the
  Constitution would go into effect
• Every state had to go through a ratification
  process, hold a convention, and elect delegates
  to the convention
• This sets up two groups the Federalists and the
  Anti- Federalists

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Federalists vs- Anti-Federalists

• Anti-Federalists
• Opposed Constitution
• More democratic
• States rights
• Wanted strong local government, not fed
  government
• Small farmers, small business people, artisans.
• Felt they didnt need a strong government to
  protect their interests
• Less funded, less educated, less organized
• Federalists
• Supported Constitution
• Most of the distinguished people in the country
• George Washington, John Adams, Ben Franklin,
  Alexander Hamilton, John Jay
• Well-funded, well-organized, politically
  experienced
• Wanted a strong federal government
• Wanted a strong executive
• Wanted a government that was respected abroad and
  at home
• put down insurrections
• Act decisively even if done by sacrificing some
  rights

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Ratification

• Constitution was drafted and signed by 39
  delegates on Sept 17, 1787
• Some states were very pro-constitution and they
  ratified easily. Dec 1787-Jan 1788
• Delaware
• Pennsylvania
• New Jersey
• Georgia
• Connecticut
• Other states followed between Feb Jun in 1788
• Massachusetts
• Maryland
• S Carolina
• New Hampshire
• Final group of four
• NY
• N Carolina
• Rhode Island
• Virginia
• Why was 9 of 13 states, as Article VII stated was
  required, insufficient?

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Federalist Papers

• 85 pamphlets essays supporting the
  Constitution
• Written by Alexander Hamilton, James Madison,
  John Jay
• Cited in Constitutional interpretation debates
• Lens into the ideas of the founding fathers
• Large government would provide stability and
  security
• Federalist 10 How to create a strong
  government while preserving freedom
• Federalist 51 Separation of powers and checks
  and balances

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Bill of Rights

• Anti-federalists refused to sign the Constitution
• Did not protect the people against the central
  government
• Needed a statement of individual freedoms
• Required to prevent the country from falling into
  tyranny
• Anti-federalists tried to influence state
  ratification processes by writing pamphlets and
  newspaper articles
• They would often take on pseudonyms of the Roman
  Republic, like Brutus
• Some argued that the federal government would
  degenerate into a tyrannical entity
• Federal Bill of Rights - 1 priority of the new
  Congress