The Constitutional Convention & Bill of Rights

Why Revise the Articles of Confederation? U.S. depression: Shay’ Rebellion: Annapolis Convention: US experienced a depression after the war Reduced foreign trade Limited credit available b/c colonists had not yet paid off war debts No national taxes could be levied and the currency printed was worthless States competed with one another for economic advantage and did not act united Farmers had no money to pay off debts. Shay’ Rebellion Farmers rebelled in Massachusetts when the state went to collect taxes. Highlighted the inadequacies of the U.S. government under the A of Confederation Pointed out the need for drastic change to the government Annapolis Convention Five states sent delegates to Annapolis to discuss the weaknesses and ways to fix them. Madison and Hamilton persuaded the other delegates that another convention was needed and should be held in Philadelphia in order to revise the Articles.

Key conflicts of the Constitutional Convention 1. Representation in Congress 2. Slavery 3. Federal v. State Power 1. 2. 3. How many representatives should each state have? Should it be based on population? How would small states be guaranteed not to be controlled by the larger states? Should slaves be counted as part of the population? How should the Constitution balance the amount of power a state government has versus the power the federal government has?

Compromise 1: Representation in Congress 2 Options Virginia Plan (Madison) Bicameral (2 houses) Representation based on population New Jersey Plan (Patterson) Single House 1 vote per state Great Compromise Bicameral (2 houses) Senate: Giving each state 2 senators with the vote in the Senate to be by individuals and not states House of Reps: Apportioning representation according to population

Compromise 2: How to Count Slaves Problem: Problem: Much of the southern population was considered property, not person. South wanted to count slaves for the purpose of representation Solution: 3/5th Compromise Each slave counts as 3/5ths of a person

Compromise 3: Federal v. State Power Federalism: power is divided between federal and state Delegated or Enumerated Powers Powers that are mentioned in the Constitution belong to the federal government e.g.: Foreign affairs, Regulation of trade, Currency Reserved Powers Powers not mentioned in the Constitution are for the states. e.g.: Education, Drinking age, speed limit Shared Powers Taxes, Courts

Visual Representation of US Government

Federalists vs. Anti-Federalists Federalist Papers: Supporters: Anti-Federalists Supporters: Federalists: Favor ratification of the Constitution – with the possibility of a bill of rights discussed after ratification People’s rights are guaranteed in Constitution. Constitution will bring strength and unity to the states Want a strong National Government Hamilton, John Jay and James Madison wrote the “Federalists Papers” that appeared as a series in the local newspapers. Published anonymously. Purpose was to gain support for the Constitution. Supporters: Washington, Hamilton (Head of the Federalist Party), Madison, Jay & supported by many large landowners, judges, lawyers, leading clergymen and merchants Anti-Federalists: Oppose Constitution Want strong state powers Believed that a strong Federal government leads to tyranny Feared for individual rights Demanded a Bill of Rights! Supporters: Thomas Jefferson and many small farmers and small landowners

The Constitution is Adopted Ratification: June 21, 1788 Lacked support from: Virginia Ratified: Bill of Rights: New Hampshire became the 9th state to ratify the Constitution – June 21, 1788 Lacked support from large states: New York and Virginia Virginia ratified in June 1788 after a Bill of Rights was to be added. Bill of Rights: Added in 1791 after the new government took power as a compromise with the Anti-Federalists Were the first 10 amendments (additions) to the Constitution Established to protect individual rights

Why do the Federalists “win”? Articles too Weak: United: Organization: Key Support: Articles of Confederation had too many weaknesses Economic problems Shay’s Rebellion United with a plan = Constitution Well organized, national group Support of George Washington

Constitution is considered a “Living Document” “Elastic clause” Amendments Elastic clause Article I, Section 8 Gave Congress the power to make all laws that are necessary and proper to use the powers set forth in the Constitution Amendments Allows the government to make changes and/or additions to the Constitution (2/3 of the states have to ratify it).

The End