Constitutional Convention The Constitutional Convention Described by TJ

Constitutional Convention

The Constitutional Convention • Described by TJ as “an assembly of demigods” – BF was 81. • Called to revise the Articles of Confederation after concern over Shays’s Rebellion – but quickly thrown out & entire new gov’t created. • Meetings were held in secret; Madison kept notes which were published after all delegates were deceased. • Major debate remained over how much power the federal government should have

Two competing plans for the Constitution The Virginia Plan • Bicameral legislature • Representation in both chambers based on population • One house elected by the people; one house elected by state legislatures • Single executive chosen by Congress & nat’l. judicial system • Favored by large states The New Jersey Plan • Unicameral legislature • Equal representation in both chambers • Representatives elected by state legislatures • Multi-person executive • Favored by small states

The Great Compromise • Bicameral legislature: – House of Representatives based on population and chosen by the people – Senate based on equal representation and chosen by the state legislatures • (later changed by 17 th Amendment)

Other Compromises • Three-fifths Compromise: – Counted three-fifths of a state’s slave population for purposes of representation in the House of Representatives. Each slave counted as three-fifths of a person. • Slave Trade Compromise (more on this later)%: – Prohibited slave trade after 1808.

Electoral College Debate: • Should the people choose the president? • Should the Congress choose the president? Resolution: Electoral College ~ a group of people who would be named by each state legislature to select the President and Vice President * Now the Electors are chosen by the voters

Compromise: Slavery and Tariffs Debate: Should Congress have power to regulate commerce/trade? Northern States ~ agreed not to tax exports or interfere with the slave trade until after 1808 Southern States ~ agreed to allow the Congress to regulate interstate commerce as well as trade between nations *Slave trade must be abolished by 1808

The Constitution • Preamble - General Welfare Clause

The Constitution • Articles – Article 1 – Legislative Branch • Necessary & Proper Clause – Article 2 – Executive Branch – Article 3 – Judicial Branch – Article 4 – Relationship Between States • Full Faith and Credit Clause • Privileges and Immunities Clause • Extradition Clause – Article 5 – Amendment Process – Article 6 – Supremacy • Supremacy Clause – Article 7 – Ratification

Ratification of the Constitution • Required support of nine of the thirteen state legislatures • Small states were quick to support the Constitution because of the inclusion of the Senate • Eventually all thirteen states ratified it (Rhode Island the last in 1790) • Very heated political battles regarding the Constitution. It was a hard won victory to get it passed.

Principles of Gov’t in the Constitution (stimes referred to as “Madisonian principles”) • Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of the governed • Federalism – division of power btw central gov’t and individual states • Separation of Powers – division of gov’t btw 3 branches: executive, legislative and judicial • Checks & Balances – system where branches have some authority over others • Limited Government – gov’t is not all-powerful, and it does only what the citizens allow • Rule of Law – all people must obey the laws/Const. even the president

Battle over Ratification Federalists • Supported ratification of the Constitution • Wanted strong central government: – – National security Maintain order Regulate trade Pay nation’s debts • Believed Constitution protected civil liberties. • Examples: Madison, Hamilton, Jay

Battle over Ratification Anti-Federalists • Opposed ratification of the Constitution • Wanted states to have power over the federal government • Corruption best kept in check at the local level • Worried strong natl. govt. would endanger people’s liberties. • Thought “elastic clause” gave Congress too much power. • Feared central govt wouldn’t know what happens in local communities bc too far away. • E. g. , Samuel Adams, Patrick Henry

The Federalist Papers • Written by Madison, Hamilton, and Jay under the pen name Publius • Called for ratification of the Constitution • Published in New York papers to persuade legislators to ratify the Constitution • Among the best known: Federalist Nos. 10, 51, and 78

Federalist No. 10 • Madison warned against dangers of factions – What are “factions”? • The causes of factions cannot be controlled (that infringes on liberty); must control the effects of factions • Effects of factions could best be controlled by a republic

Federalist No. 10, cont’d. A republic could best control factions: • Representation would dilute the effects of factions • A large territory (district) would make it difficult for one faction to become a majority • In a large territory, it would be difficult for people who shared common interests to find each other • A republic guards against irresponsible direct democracy or “fleeting passions”

Federalist No. 51 • “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a gov’t which is to be administered by men over men, the great difficulty lies in this: you must first enable the gov’t to control the governed; and in the next place oblige it to control itself. ” – What does Madison mean in this excerpt? • Separation of powers: – Limited interaction of those selecting members of each branch – Economic and political independence of each branch

Federalist No. 51 • Federalism provides “double security. ” – “The power surrendered by the people is first divided between two distinct governments” • A “compound republic” leads to dual allegiance and double protection.

Federalist No. 70 • “Energy in the executive is the leading character in the definition of good government. . . ” • Hamilton argues for strong executive • Articles of Confederation lacked executive leadership • Strong executive provides accountability in government • Enables a president to defend against legislative encroachment…. how?

Federalist No. 78 • “Of the three powers…the judiciary is next to nothing" What does Hamilton mean? • Hamilton argues Judiciary would be the weakest branch • “least dangerous” branch? Why? • Argues for “life terms” for justices • States that the Judiciary is obligated to check Congress and constitutionality of their actions

Brutus No. 1 • The people must be careful about parting with power because they are unlikely to ever get it back • The “necessary and proper” clause and the “supreme law of the land” make the central government an uncontrollable power • All important powers are delegated to the central government

Brutus No. 1 • Raising an army, especially in peacetime, can lead to destruction of liberty • Federal courts will destroy state courts • It is human nature that those who have power try to increase it • The legislature cannot be large enough to be truly representative of the people’s interest

Final Compromise • Bill of Rights: – Written to appease the Anti-Federalists. – Most Federalists didn’t even believe it was necessary. • Why? • What were their concerns about adding a specific bill of rights? – This was a list of ten things the government could not do. Written to protect citizens’ individual rights from government interference. – Not added to Constitution until 1791.

Motives of the Framers • Comparison of Charles Beard’s view with later historians & scholars. – Reading or discussion

The citizens and the founding • Competing elites – Elites weren’t united in their views about a new government. They had very diverse opinions regarding the Constitution. • The rise of the “ordinary” citizen – Development of citizenship as we know it today. Although citizens were not able to exercise their rights the way they do today, the new government laid the ground work for protection of our individual rights and freedoms enjoyed today.

Three elements of citizenship • Citizenship should rest on consent. • There should not be grades or levels of citizenship. • Citizenship should confer equal rights on all citizens.

Principles of Gov’t in the Constitution (stimes referred to as “Madisonian principles”) • Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of the governed • Federalism – division of power btw central gov’t and individual states • Separation of Powers – division of gov’t btw 3 branches: executive, legislative and judicial • Checks & Balances – system where branches have some authority over others • Limited Government – gov’t is not all-powerful, and it does only what the citizens allow • Rule of Law – all people must obey the laws/Const. even the president

Article V • Amending the Constitution – Sets forth the method for amending the Constitution.