The End of the Confederation Era By 1786 it became clear that the Articles were not working The Philadelphia Convention of 1787 brought leaders from the 12 states (Rhode Island did not attend) to address the following question: How can we fix the Articles of Confederation to balance the needs of the country with the rights of the states?
The Decision: The Articles could not be fixed. WHY???? The convention delegates decided that they would create a new system and write a new plan of government. Thus, the Philadelphia Convention than became know as the CONSTITUTIONAL CONVENTION
Constitutional Convention Independence Hall in Philadelphia May – Sept 1787
were in Europe as American Ambassadors 55 delegates from 12 states Most were in their 30’s & 40’s 30 were lawyers or judges ½ attended Continental Congress Many helped draft their state constitutions Notables include: George Washington Ben Franklin James Madison Alexander Hamilton Jefferson and Adams were in Europe as American Ambassadors
James Madison: Father of the Constitution Virginian Scholar of Enlightenment thinking Helped Write Virginia's Constitution Friends with Jefferson
Composition of Congress and Slavery
The First Draft Madison’s Plan for the Government A strong national government with three branches: legislative, executive, and judicial. Congress = 2 houses (Upper and Lower) and Representation in Congress was to be based on population
A Very Strong Central Government The “Virginia Plan” A Very Strong Central Government Concerns over Representation Small States: Lawmaking would be controlled by the large states. All States should be equal! Large States: Too much like life under the AOC – small states have too much power! Concerns over a very powerful centralized government. The President and the Court could VETO or REJECT laws passed by Congress
States maintained more power than Central Government The Counter-plan: The New Jersey Plan A national government with three branches: legislative, executive, and judicial. One House of Congress and each state has one vote Congress to TAX and regulate TRADE Concerns: States maintained more power than Central Government
A Divided Convention Small States vs A Divided Convention Small States vs. Large States Lacking a middle ground where the two sides could meet, the convention seemed in danger of collapsing.
The “Great Compromise” that created our Bi-Cameral Congress Senate – each state would have two Senators House of Representatives – a fixed number that would be divided by the proportions of state populations . Big states had more representatives than small states
With the “Great Compromise” approved, the delegates turned their attention to the second issue that vexed the Convention
Would Slaves be counted in Population numbers ?
North Total Pop 1.9 million Slave Pop 40,000 = 2.1% South Total Pop 2 million Slave Pop 650,000 = 34% Total Total Pop 3.9 million Slave Pop 690,000 = 18%
Counting Slaves: Northern & Southern States differ in their Opinions Manufacturing & Trade Economy Count for taxation Do not Count for Representation in Congress South Agricultural Economy Do not Count for taxation Count for Representation in Congress
The 3/5 Compromise Slaves would be counted as 3/5 of a person for both representation and taxation
Results of 3/5 Compromise Convention Continues South gained more representation in House of Reps South gained more power from extra representation The Weed of SLAVERY continued to foul the garden of America until 1865
The delegates also agreed that no state could stop an escaped slave from being returned to a slaveholder. FUGITIVE SLAVE CLAUSE Article IV, Section 2, Clause 3 No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due
On September 17, 1787, 39 delegates signed the document and submitted it to the States for Ratification
America’s Founding Fathers Barry Faulkner’s Mural: Signers of the United States Constitution, 1789
Barry Faulkner’s Mural Signers of the United States Constitution, 1789 1. Edmund Randolph, Virginia 2.Nathaniel Gorham, Massachusetts 3.John Dickinson, Delaware 4. John Rutledge, South Carolina 5. James Wilson, Pennsylvania 6. Oliver Ellsworth, Connecticut 7. Charles Pinckney, South Carolina 8. James Madison, Virginia 9. Elbridge Gerry, Massachusetts 10. William Samuel Johnson, Connecticut 11. George Mason, Virginia 12. George Washington, Virginia 13. Benjamin Franklin, Pennsylvania 14. Rufus King, Massachusetts 15. William Paterson, New Jersey 16.Charles Cotesworth Pinckney, South Carolina 17. Gouverneur Morris, Pennsylvania 18. Alexander Hamilton, New York 19. George Read, Delaware 20. William R. Davie, North Carolina 21. John Langdon, New Hampshire 22. Luther Martin, Maryland 23. Roger Sherman, Connecticut 24. Gunning Bedford, Jr., Delaware 25. Abraham Baldwin, Georgia
The Fight for Ratification 1787 - 1789
The ratification debates in the 13 State legislatures was drawn out as two competing perspectives rose up and dominated the debate about the reorganized plan of Government
Anti-Federalists Federalists Who are they? For or Against Constitution? Central Government? States Rights? Individual Rights? Who are they? For or Against Constitution? Central Government? States Rights? Individual Rights?
Anti-Federalists Federalists James Madison, John Jay, Alexander Hamilton Supported the Constitution Need a Strong Central Govn’t Central Govn’t needs to deal with national issues, defense, internal problems Checks and balances and separation of powers protect against Tyranny No enumerated rights were necessary The Federalist Papers Sam Adams, Patrick Henry, George Mason, John Hancock Against the Constitution as written Central Govn’t was too Powerful States have less power and lose their sovereignty Tyrannical Tendencies People need a Bill of Rights to enumerate protections The Anti-federalist Papers
https://quizizz.com/admin/quiz/5671e728efa583f84db73527
First Five States Quickly Ratify 1787-1788 First Five States Quickly Ratify Delaware Pennsylvania New Jersey Georgia Connecticut 1788 Ratification Stalls in Massachusetts
The Massachusetts Compromise Ratification was contingent on the creation of a Bill of Rights The Federalist Delegates agreed and Massachusetts ratified in February. 1788
Buoyed by the Massachussetts Compromise, the process picked up and New Hampshire was the 9th State to ratify the Constitution in 1788
Now Ratified, The US Constitution will go into effect on March 4, 1789