Pennsylvania State House, Philadelphia: Site of the 1787 Constitutional Convention

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Pennsylvania State House, Philadelphia Site of
the 1787 Constitutional Convention
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A Roof Without Walls Creating the United
States

• History 3.3, APRIl 15-20, 2004

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I. A National Government Without Sovereignty The
Articles of Confederation

• A. National government a major victim of
  Revolutionary ideas desire for very direct
  representation, suspicion/fear of authority (esp.
  distant authority) prevented any power from being
  conferred on U.S.
• B. Most problematic aspects Congress elected by
  states, each state had one vote Confederation
  had no taxing power or ability to compel states,
  President but no executive, unanimous vote
  needed to amend.
• C. Elements of confusion States were supposed to
  be sovereign, but Congress had many
  sovereign-like powers.
• D. International Weakness of the Confederation
• 1. Could not force states to comply with Treaty
  of Paris (1783) ending war.
• 2. British kept their western forts open and
  restricted American commerce.
• 3. Spanish closed New Orleans and the MS River
  (1784).
• E. Economic crisis of the Confederation
• 1. Confederation had to pay for war by
  requisitioning money from the states or printing
  or borrowing it.
• 2. New democracy in the states made taxation
  difficult.
• 3. States failure to pay Congress or manage
  their own finances correctly led to
  hyperinflation bankruptcy.

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II. The Crisis of the Confederation and the
Movement for a New Government

• A. Catalysts for the Nationalist Movement (clip
  from video "Liberty! The American Revolution")
• 1. Dissatisfaction of younger Revolutionary
  leaders (such as Alexander Hamilton of NY and
  James Madison of VA) with weakness of national
  government, unfitness of state governments,
  conflicting trade and economic policies.
• 2. Satisfaction of most Americans with localism
  and decentralization of Confederation.
• 3. Economic depression and widespread hardship
  for common people during 1780s. Conflict between
  debtors and creditors.
• 4. Elite fears of a further revolution that might
  get rid of them Shays' Rebellion, 1786-87.
• 5. (after video) Madison and Hamilton saw root of
  problem in the excessive democracy and
  Revolutionary zeal they saw in states.
• B. The "Conspiracy" for a Constitutional
  Convention
• 1. Conference at Mt. Vernon led to Virginia's
  call (Jan. 1786) for a convention to discuss
  interstate commerce.
• 2. The resulting Annapolis Convention (Sept.
  1786) issued surprise call for another convention
  to revise Articles of Confederation.

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III. The Philadelphia Convention, May-Sept. 1787

• A. Make-up and procedures of convention
• 1. Convention made up of nation's elite (in
  contrast to state legislatures).
• 2. Met in private, with no spectators or
  reporters.
• 3. Voted by states. Most delegates thought they
  were there only to reorganize the Confederation.
• B. Nationalist Proposals Led by Madison's
  Virginia Plan.
• 1. Main elements of Virginia Plan national
  representative government with bicameral
  legislature (both houses apportioned by
  population), national veto on state laws.
• 2. Strong nationalism of Virginia Plan quickly
  rejected.
• 3. Issues became small states vs. large states
  people, states or property as the basis of
  representation sovereign national government or
  not.
• 4. Another (sometimes submerged) issue was how
  the Constitution would treat slavery. Deep South
  wanted protection from North from revolutionary
  ideals condemning slavery.
• 5. Strong executive (the presidency) emerged as
  element of most plans partly because all knew
  that the trusted George Washington would fill the
  office.

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III. The Philadelphia Convention, May-Sept. 1787
(cont.)

• C. New Jersey Plan small-state response, a
  modified Confederation with representation by
  states, but legislative supremacy over states and
  power to tax.
• D. Great (or Connecticut) Compromise broke large
  state-small state deadlock, split basis of
  representation (population or states) between two
  houses.
• 1. Fudged issue of sovereignty (where it was
  located, whether national government had it).
• 2. Created unique U.S. "federal" system in which
  functions of government and ultimate
  responsibilities were divided.
• 3. Basic issue that came up in Civil War era,
  relationship of states to federal government, was
  left seriously confused.
• 4. Also included a North-South compromise, the
  "3/5 clause," partially counting slaves for
  purposes of representation and taxation. Debate
  sometimes bitter, both sides threatened to walk
  out.

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III. The Philadelphia Convention,May-Sept. 1787
(cont.)

• E. Committee of Detail then worked up final draft
  that enumerated national powers and made other
  important changes.
• 1. Headed by John Rutledge of South Carolina.
• 2. Among the enumerated powers tax and borrow
  money, regulate foreign and interstate commerce,
  establish courts.
• 3. Important nationalist loophole added power to
  make any laws "necessary and proper" to execute
  the enumerated powers.
• 4. States prohibited from engaging in diplomatic
  relations, issuing money, or laying import
  duties. National laws "supreme" over state laws.
• 5. Much emphasis was placed on protecting
  property rights and restraining democracy
  contract clause, anti-insurrection powers,
  Electoral College, Presidential veto.
• 6. No Bill of Rights included, in contrast to
  state constitutions. Not needed, was the
  argument.
• 7. Additional protections for slavery, demanded
  by Rutledge fugitive slave clause, protection of
  slave trade (for 20 years), ban on export taxes,
  "full faith and credit" clause.
• F. Committee of Style muddied the waters further
  on key issues of slavery and sovereignty.
• 1. Slaves or slavery never mentioned by name in
  the document despite many special protections.
• 2. Preamble of Constitution invoked "We the
  People" and suggested that a consolidated,
  sovereign, national republic had been created.

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IV. Ratifying the Constitution

• A. Ratification procedures only 9 states needed,
  approval by specially elected conventions rather
  than state legislatures, all in violation of the
  Articles of Confederation.
• B. The Ratification campaign
• 1. Federalist had strong advantages, including
  control of press, all big political names except
  Patrick Henry, and bad economy. Made heavy use of
  patriotism as an appeal.
• 2. Some northern Antifederalists complained about
  proslavery clauses, foreshadowing later
  abolitionist rhetoric.
• 3. Antifederalists were strong enough to extract
  promise that a Bill of Rights would be added
  immediately if the Constitution was approved.

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IV. End Result National Government as a Roof
Without Walls
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Ratification Voting Patterns