Drafting the Constitution Because the Articles of Confederation Were “Terrrrble”

The Constitutional Convention By 1787, most Americans knew the Articles of Confederation weren’t working out. Two changes needed to be made to the Articles: Congress needed power to regulate interstate and international commerce. Congress needed the power to tax the people.

The Constitutional Convention May 1787, 12 of the 13 states come together in Philadelphia. This is the First Constitutional Convention. Only delegates from PA and VA made it there on time! The Convention finally began on May 25 with 29 delegates.

The Constitutional Convention Independence Hall; was closed off and very hot in the summer. Why were they keeping the convention so secretive? Well known statesmen were there; Alexander Hamilton, James Madison, Benjamin Franklin.

The Constitutional Convention The delegates were not typical Americans. All White males Most of them wealthy ½ of them were lawyers. 21 served in the Revolution. Unanimously elected George Washington president of the Convention.

Hamilton and Madison Alexander Hamilton was very conservative in principles. He disliked democracy, praised the British constitution. He believed a balanced government had aristocracy, monarchy, and republicanism. He believed, only then, a government would have real power over the citizens.

Hamilton and Madison James Madison had arrived at the convention 11 days early! Believed a strong nation could rescue the states from democratic excesses. Also a critic of democracy, but favored republicanism. He thought a large republic with diverse interests would preserve the common good. Numerous interests would “check” one another.

Rival Plans of Government The Virginia Plan – Ambitiously proposes by James Madison and favored by most delegates. Regulate commerce, divide power into three branches, bicameral legislature. In both houses, states with larger populations would have more members. Congress would have the power to veto state laws. Called for a strong President, long term in office (7 years), cannot be elected a second time, command the armed forces, manage foreign relations. Feared could become a king.

Rival Plans of Government The New Jersey Plan – Favored by small states. Introduced by William Paterson. Regulate commerce and tax. Kept unicameral legislature, representation equal no matter how large or small the state is. States remain sovereign – stay a “loose confederacy”

Compromise! The convention looked as though it was going to end in a stalemate. The Great Compromise Led by Roger Sherman of CT – took aspects of both the Virginia Plan and the New Jersey Plan. The Senate would represent each state equally; small states liked this. The House of Representatives would represent by population; large states like this.

Compromise! As part of the compromise, Madison had to abandon the idea of national veto over state laws. States simply couldn’t pass laws that offended people in the 1780s. Federalism – division of power between national and state governments.

Compromise! During the convention, one thing was clear – there was a division between northern and southern states. Southern states feared domination by northern states – north had more free people; threat to slave system. Slavery viewed as essential to the economy and society in the south.

Compromise! Georgia and South Carolina threatened to walk out unless slavery was protected. Madison was torn – he despised slavery, but owned them himself. It was decided that, in order to keep every state on board, slavery had to be protected. 1. Congress couldn’t block slavery for 20 years 2. Three-Fifths Compromise; slaves = 3/5 of a person. 3. Fugitive slaves had to be returned to owners.

Compromise! No Bill of Rights was included in the Constitution – why? Unlike the Declaration of Independence, the Constitution does not declare that all men are equal. Convention ended on September 17; 39 delegates ratified it.