The Framing of the Constitution By Mr. Owens Crash Course 8: The Constitution

Essential Questions What were the key compromises of during the Constitutional Convention? What were the key elements including separation of powers and federalism? What were the key decision reached on slavery and the slave trade in the Constitution? What were the key arguments in support of ratification made by the Federalists featured in the Federalist Papers, and what were the key arguments of in opposition from the Anti-Federalists? What were the key elements of the Bill of Rights and how did it serve the ratification process?

Advocates for Centralization Society of Cincinnati - “Newburgh Conspiracy” American manufacturers - tariffs Merchants - uniform economic policy Land speculators - Indian protection Creditors - end states printing $ Investors - fund the debt - taxes? Large Property Owners - protection from mobs Annapolis Convention in 1786 only 5 states sent delegates, Alexander Hamilton & James Madison persuaded others to agree to convention in Philadelphia in 1787

Constitutional Convention Philadelphia, 1787 55 Delegates from all states except RI – all white, educated, relatively wealthy, males George Washington chairperson, Benjamin Franklin (81) elder statesman Drafters: Madison, Hamilton, Gouverneur Morris, John Dickinson Missing: John Adams, Jefferson, Paine abroad, Samuel Adams & John Hancock not chosen, Patrick Henry opposed federal power.

Key Issues Representation: Small States vs. Large States, Virginia Plan (Madison) favored large, New Jersey Plan (William Peterson) favored small Connecticut Plan (Great Compromise) Roger Sherman 2 Houses – Senate based on equality, House of Representatives based on population. Slavery: 3/5th Compromise for taxes & representation, slave trade could not be abolished for 20 years (1808), fugitive slave clause Trade: Commercial Compromise = Congress can regulate interstate & foreign commerce including tariffs on imports, banned taxes on exports & limit $10 tax on imported slaves Executive: President term limited to 4 years fearing tyranny Electoral College system: fearing too much democracy & “mob rule” Powers debated: ultimately strong powers including veto

The Document Separation of Powers: Federalism - powers divided between federal, state, local government (Montesquieu) Checks and Balances (David Hume) branches of government check each other Question of Sovereignty - State vs. National? - power to the people Supreme law of the land - no state had power to defy Constitution Expanded power - to tax, regulate commerce, control currency, pass laws Art. I Sec. 8, Clause 18- “Necessary and Proper” or “Elastic Clause” Fearing “Mob Rule” Electoral College & only House of Representative directly elected by the people

Federalists Lead by Hamilton, Franklin, Washington with support from Madison and John Jay More support along Atlantic Coast & large cities Wrote Federalist Papers 85 Essays “Publius”supporting ratification Argued for strong central government for order & to preserve union Fear of Anarchy and chaos Fear of unchecked power of the masses

Anti-Federalists Lead by George Mason (VA) others not present including Thomas Jefferson, Patrick Henry, John Hancock & George Clinton (NY) Supported a reformed Articles of Confederation w/ limited power, power should lie with the states and individuals Strong central government would destroy work of Revolution, limit democracy and states’ rights - Need for a Bill of Rights Believed to represent the common man and as true defenders of the Revolution Constitution favored the elite in society Poorly organized & slow to respond to Federalists

Ratification & Bill of Rights 9 of 13 States needed to ratify in state conventions Promised to add Bill of Rights and leadership of Washington, Madison, & John Marshall passage in VA, Hamilton in NY in 1788 (NC & RI after in 1789 &1790) Bill of Rights: Anti-Federalists argued necessary to protect against tyranny, Federalists argued unnecessary since chosen by the people, and may limit rights but conceded for Ratification Congress adopted Bill of Rights (First Ten Amendments) in 1789 led my James Madison (Speaker of the House), ratified by states by 1791